HB2760 HD2.DOC

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 or commercial 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.

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

(2) Drivers operating fleet vehicles 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) Any person who violates this section shall be subject to the following:

(1) For a first violation, or any violation not preceded within one year by a prior violation of this section, a fine of at least $100 but not more than $200;

(2) For a violation that occurs within one year of a prior violation of this section, a fine of at least $200 but not more than $300 and the suspension of the person's driver's license and privilege to operate a vehicle for a period of thirty days; and

(3) For a violation that occurs within two years of two prior violations of this section, and for the fourth and each additional violation of this section, regardless of when the violation occurred, a fine of at least $300 but not more than $500 and the suspension of the person's driver's license and privilege to operate a vehicle for a period of ninety days.

(e) In addition to any other penalties provided for under this section, any operator of a commercial motor vehicle found in violation of this section shall also be penalized in accordance with section 286-240(e).

(f) 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.

"Fleet vehicle" means any vehicle validly registered pursuant to section 286-53.5.

"Mobile electronic device" means any handheld or other portable electronic equipment recognized by the citing officer or other witness to be capable of providing:

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

(2) Amusement, including a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device;

provided that "mobile electronic device" shall not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing audio, navigation, or emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle. A "two-way radio" or private land mobile radio system as defined by title 47 of the Code of Federal Regulations, part 90, when used for business purposes, shall not be considered a "mobile electronic device".

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

"Use or using a mobile electronic device" means holding a mobile electronic device."

SECTION 2. Section 291C-123, Hawaii Revised Statutes, is amended to read as follows:

"§291C-123 Driving or parking upon bikeway; parking penalty. (a) No person shall drive any vehicle other than a bicycle [~~or moped~~] upon a bicycle lane or bicycle path, except upon a permanent or authorized temporary driveway, or park any vehicle upon a bicycle lane or bicycle path; provided that any vehicle may be driven or parked in a bicycle lane or bicycle path as applicable if:

(1) It is in the process of executing a legal turn, lane change, or parking maneuver;

(2) It is an authorized emergency vehicle performing the functions under section 291C-26;

(3) It is an official federal, state, or county vehicle in the performance of its actual duty;

(4) It is a stalled or broken vehicle;

(5) It is necessary to assist a stalled or broken vehicle;

(6) It is necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or

(7) It is otherwise provided by law."

(b) Any person violating the [~~parking prohibition in subsection (a)~~] prohibitions in this section shall be fined not more than $500."

SECTION 3. Section 291C-145, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:

"(f) The director of transportation by rule and the counties by ordinance [~~may~~], shall with respect to bikeways under their respective jurisdictions, restrict or prohibit the use of such bikeways by mopeds[.]; provided that any such restriction or prohibition complies with the requirements of section 291C-197."

SECTION 4. Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C-15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, [or] 291C-105, or 291C- shall be sentenced or fined in accordance with those sections."

SECTION 5. Section 291C-197, Hawaii Revised Statutes, is amended to read as follows:

"§291C-197 Driving mopeds on bicycle lanes and paths[.]; prohibited. (a) [~~Wherever bicycle lanes are provided on the roadway, moped drivers shall use such bicycle lanes.~~] No moped driver shall operate a moped on a bicycle lane or a bicycle path.

(b) The director of transportation by rule and the counties by ordinance [~~may~~] shall, with respect to bicycle paths and bicycle lanes under their respective jurisdictions [~~restrict or~~], prohibit the use of such bicycle paths or bicycle lanes by mopeds. Signs clearly visible to an ordinarily observant person indicating the [~~restriction or~~] prohibition shall be placed along bicycle paths and bicycle lanes so designated and every moped driver shall obey the directions thereof.

[~~(c) This section shall not apply to a three-wheeled moped.~~]"

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on January 7, 2059.

HOUSE OF REPRESENTATIVES	H.B. NO.	2760
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 2
STATE OF HAWAII