Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred S.B. No. 20 entitled:

begs leave to report as follows:

The purpose of this measure is to create a new traffic offense to prohibit the use of a mobile telephone while operating a moving vehicle unless the phone can be operated hands-free.

Your Committee received testimony in support of this measure from one individual. Testimony in opposition was received from Cingular Wireless and Sprint. Comments were received from the Honolulu Prosecuting Attorney, T-Mobile USA, Hawaii Transportation Association, and one individual.

Your Committee finds that there is ample and mounting evidence that the use of cellular phones while driving creates a distraction that contributes to an increasing number of traffic accidents. Although "multi-tasking" may be useful in office work, it definitely has no place while driving and using a cellular phone. When using a cellular phone, only one hand is on the steering wheel and the driver's mind is usually elsewhere than on driving. The situation is worse if the driver dials the number while driving, in which case the driver's eyes are on the phone.

Your Committee has amended this measure on the recommendation of the Honolulu Prosecuting Attorney by providing an affirmative defense for making an emergency call on the cellular phone while driving.

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 20, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 20, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.