Prohibits drivers from using cellular phones while operating a motor vehicle.

A BILL FOR AN ACT

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

"§291-12 Inattention to driving[.]; cellular 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 cellular telephone, whether or not the usage is hands-free, shall be fined not more than $          ; provided that this subsection shall not apply to using a cellular telephone for a medical or safety emergency.

It shall be an affirmative defense that the person was using a cellular 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:

digital telecommunication in which a subscriber has a wireless connection from a mobile telephone to a relatively nearby transmitter.

"Hands-free" means a feature that permits a driver to use a cellular phone without lifting or holding the handset to the driver's ear.

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

"Using a cellular telephone" means initiating a telephone call by dialing a telephone number, talking, listening, receiving, or terminating a telephone call, or configuring the cellular 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 Statutory material to be repealed is bracketed and stricken.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.