SB1054 HD1.DOC

SECTION 1. Driving safety increases when drivers operate their vehicles with two hands on the steering wheel while giving their full attention to traffic and road conditions. While mobile phone use has become an everyday convenience for many, their use 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 perform any number of things. 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 the use of mobile phones while driving.

However, the legislature also finds that the use of mobile phones while driving is not the only activity that distracts drivers from focusing on the operation of their vehicles. Other electronic devices such as portable video games, portable DVD players, and text messaging devices have recently made headlines because drivers were using these devices while driving. Even activities such as eating and drinking or grooming oneself while driving have been reported to distract drivers from focusing on their primary responsibility of driving. To increase traffic safety, these activities need to be prohibited while operating a motor vehicle on Hawaii's roadways.

The purpose of this Act is to prohibit the following activities while operating a motor vehicle:

(1) The use of a mobile phone except when a mobile phone is equipped with a hands-free accessory and used in the hands-free mode;

(2) The use of other hand-held electronic devices;

(3) Consuming food or beverages;

(4) Engaging in personal grooming that requires the use of a comb, brush, or other personal grooming device; and

(5) Attempting to reach for any other object or device not related to or necessary for driving.

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

"§291C- Activities prohibited while operating a motor vehicle. (a) No driver shall use a mobile telephone or other electronic device while operating a moving motor vehicle in the state; provided that, except as otherwise provided in subsection (b), a mobile telephone may be used while operating a motor vehicle if it is equipped with a hands-free accessory and the mobile telephone is being used in the hands-free mode.

(b) No driver shall use a mobile telephone, including those with hands-free accessories, or other electronic device while operating:

(1) A moving school bus that is carrying passengers; or

(2) A moving transit vehicle.

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

(1) For the purpose of reporting or obtaining assistance for a medical or safety emergency; or

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

(d) No driver, while operating a motor vehicle, shall: (1) Consume food or beverages;

(2) Engage in personal grooming that requires the use of a comb, brush, or other personal grooming device; or

(3) Engage in an activity that requires the driver to reach for any object or device not related to, or necessary for, driving.

(e) Violation of this section shall be subject to a fine of not more than $100.

(f) Notwithstanding any other law to the contrary, no county shall enact an ordinance or adopt a rule regulating the use of a mobile telephone or other electronic device by an operator of a motor vehicle that is inconsistent with or more restrictive than the provisions of this section. Any county ordinance or rule that is inconsistent with or more restrictive than the provisions of this section shall be void.

(g) Enforcement of this section by law enforcement personnel may be accomplished only as a secondary action when a driver or operator of a motor vehicle has been detained for a suspected violation of another traffic infraction.

(h) As used in this section:

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

"Electronic device" means handheld electronic video games, music players, personal digital assistants, or any other device requiring the use of a battery and at least one hand to operate the device.

"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 to carry more than ten passengers, other than a school bus or taxicab, and used for the transportation of persons for compensation."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	1054
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII		H.D. 1