Bans the use of hand held cellular phones while driving. Allows for the use of hands-free cellular phones. Provides exceptions for safety and medical emergencies. (HB88 HD1)

A BILL FOR AN ACT

SECTION 1. Section 291-12, Hawaii Revised Statutes, is amended to read as follows:

"§291-12 Inattention to driving[.]; mobile telephones. (a) Whoever operates any vehicle without due care or in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle, or other property shall be fined not more than $500 [or], imprisoned not more than thirty days, or both.

(b) Whoever operates a vehicle on a public highway while using a mobile telephone not in the hands-free mode or that is not equipped with a hands-free mode shall be fined not more than $          ; provided that this subsection shall not apply to using a mobile telephone for a medical or safety emergency.

For purposes of this subsection:

"Commercial mobile radio service" has the same meaning as defined in the Title 47 Code of Federal Regulations Section 20.3.

"Hands-free mode" means a setting on a mobile telephone that allows the phone to be used without requiring the user to hold or manipulate the phone by hand.

"Mobile telephone" means a device used to access a two-way, real time voice telecommunications service provided by a commercial mobile radio service.

"Operates a vehicle" means occupies, and assumes physical control of the steering mechanism of, a vehicle while the engine or motor is running.

"Using a mobile telephone" means initiating a telephone call by dialing a telephone number, talking, listening, receiving, or terminating a telephone call, or configuring the mobile telephone to standby and receive telephone calls."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.