Report Title:

Safety; cellular phones

Description:

Prohibits the use of mobile telephones without hands free accessories while operating a motor vehicle.  Prohibits the use of electronic wireless communication devices while operating a motor vehicle.  Sets forth exemptions.

HOUSE OF REPRESENTATIVES	H.B. NO.	223
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO cellular phone SAFETY.

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-A Mobile telephone use and electronic wireless communications device use; prohibited. (a) No person shall use a mobile telephone while operating a moving motor vehicle in the State unless the mobile telephone is equipped with a hands-free accessory.

(b) No person shall use a mobile telephone, including those with hands-free accessories, while operating a moving school bus that is carrying passengers.

(c)  No person shall use an electronic wireless communications device, other than a voice-activated global positioning or navigation system, while operating a motor vehicle in the State.

(d) The provisions of this section shall not apply to the following:

(1) Emergency use of a mobile telephone or electronic wireless communications device, including calls to 911, a hospital, an ambulance service provider, a fire department, or a law enforcement agency;

(2) Use of a mobile telephone or electronic wireless communications device by law enforcement or emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties; or

(3) Initiating or terminating a telephone call, or turning the telephone or electronic wireless communications device on or off.

(e) Violation of this section shall be a violation, and courts shall impose a fine of not more than $100 for each violation.

For purposes of this section:

"Electronic wireless communications device" means any device that provides to users the ability to send or receive electronic communications, but excluding a voice-activated global positioning or navigation system that is affixed to the vehicle.

"Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that when used, allows the vehicle operator to maintain both hands on the steering wheel.

"Mobile telephone" means a cellular, analog, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service.

"Use" means talking, placing, or receiving a call, or attempting to place or receive a call, or sending, reading, or writing a text message, instant message, or electronic mail, or playing a video game on an electronic wireless communication device or a mobile telephone.

"Video game" means any game that may be played by use of a mobile telephone or electronic wireless communications device."  SECTION 2.  New statutory material is underscored.

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

INTRODUCED BY:

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