Prohibits drivers from utilizing mobile phones while driving unless the phone can be operated hands-free.

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 utilizing a mobile telephone that is not equipped and being used as a hands-free mobile telephone shall be fined not more than $          ; provided that this subsection shall not apply to utilizing a mobile telephone for a medical or safety emergency.

It shall be an affirmative defense that the person was using a mobile telephone for the purpose of reporting a medical or safety emergency or to obtain assistance for a medical or safety emergency.

For purposes of this subsection:

"Hands-free mobile telephone" means a mobile telephone that allows a user to utilize the mobile phone without requiring the user to hold or manipulate the mobile telephone by hand.

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

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

"Utilizing 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 Statutory material to be repealed is bracketed and stricken.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.