HB90.DOC

SECTION 1. The legislature finds that over the span of a decade, the cellular phone has gone from novelty to convenience to a fixture of modern life. It is difficult to travel the state and not meet someone who is using or carrying a cellular phone. A great part of the allure of mobile phones, particularly cellular phones, is the convenience of using a phone nearly anywhere, including while driving.

The legislature also finds that driving with two hands on the steering wheel and full attention to traffic and road conditions increases driving safety. Mobile phone usage while driving reduces driving safety due to the need to use at least one hand to program the phone to make a call, receive a call, or any number of things. The legislature further finds that as a result of the safety hazard posed by mobile phone use when driving, mobile phone manufacturers have started to produce devices that allow drivers to use their mobile phones without the use of their hands. These "hands-free" devices have obviated the present need to legislatively ban all use of mobile phones while driving.

The purpose of this Act is to allow mobile phone use by a minor while operating a motor vehicle only when equipped with a hands-free accessory.

SECTION 2. Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291C- Mobile telephone use; prohibitions. (a) No driver under the age of eighteen 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 and the mobile telephone is being used in the hands-free mode.

(b) It shall be an affirmative defense to an alleged violation of this section, that the person was using a mobile telephone:

(1) To report a medical or safety emergency or to obtain assistance for a medical or safety emergency; or

(2) In the scope of the person's duties as law enforcement or emergency personnel or as a driver of an authorized emergency vehicle.

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

(d) Notwithstanding any other law to the contrary, no county shall enact ordinances or adopt any rule regulating the use of mobile telephones by an operator of a motor vehicle that is inconsistent with, or more restrictive than, the provisions of this section. Any ordinances or rules regulating the use of mobile telephones by an operator of a motor vehicle that are enacted or adopted by a county that are inconsistent or more restrictive than the provisions of this section are void.

(e) This section may only be enforced only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another traffic infraction.

(f) For the purposes of this section:

"Commercial vehicle" means a vehicle registered to a business that has a gross vehicle weight rating of more than ten thousand pounds.

"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 driver to maintain both hands on the steering wheel.

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

"Transit vehicle" means every motor vehicle designed for carrying more than ten passengers, other than a school bus or taxicab, and used for the transportation of persons for compensation.

"Use" means talking, typing text messages, placing or receiving a call, or attempting to place or receive a call."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	90
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII