HOUSE OF REPRESENTATIVES	H.B. NO.	2225
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING to mobile communications.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291C-   Mobile electronic devices; prohibitions. (a)  No person shall operate a motor vehicle while using a mobile electronic device.

(b)  The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this section.

(c)  The following persons shall be exempt from the provisions of subsection (a):

(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;

(2) Drivers using two-way radios while in the performance and scope of their work-related duties; and

(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.

(d)  As used in this section:

"Emergency responders" means any firefighters, emergency medical technicians, mobile intensive care technicians, civil defense workers, police officers and federal and state law enforcement officers.

"Mobile electronic device" means any handheld or other portable electronic equipment capable of providing:

(1) Wireless data communication between two or more persons; or

(2) Amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device;

provided that "mobile electronic device" does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle.

"Operate" means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway in the State.

"Use or using" means holding a mobile electronic device while operating a motor vehicle."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Mobile Communications

Description:

Makes it unlawful to use a mobile communication device while operating a vehicle with exceptions for emergency responders, two-way radios used for work-related purposes, and licensed radio operators.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.