SB2871 SD1.DOC

SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:

"§286- Using an electronic device for texting while operating a commercial motor vehicle. (a) No person shall use an electronic device for texting, as defined under section 286-231, while operating a commercial motor vehicle.

(b) Any person who is convicted of violating subsection (a) shall be fined not more than $2,750 in addition to the driving disqualification pursuant to section 286-240(e)."

SECTION 2. Section 286-231, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Electronic device" includes a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text, but does not include a device that is physically or electronically integrated into the motor vehicle.

"Texting" means manually entering alphanumeric text into, or reading text from, an electronic device, and includes short message service, emailing, instant messaging, commanding or requesting to access a World Wide Web page, or engaging in any other form of electronic text retrieval or entry, for present or future communication.

"Texting" does not include:

(1) Reading, selecting, or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call, or using voice commands to initiate or receive a telephone call;

(2) Inputting, selecting, or reading information on a global positioning system or navigation system;

(3) Using a device capable of performing multiple functions, such as fleet management systems, dispatching devices, smart phones, citizens band radios, and music players, for a purpose that is not otherwise prohibited in this part; or

(4) Using hands-free or voice operated technology, including pressing a button to initiate or terminate the operation of the technology."

SECTION 3. Section 286-231, Hawaii Revised Statutes, is amended by amending the definition of "serious traffic violation" to read as follows:

""Serious traffic violation" means conviction of any of the following offenses when operating a commercial motor vehicle, except for weight, defect, and parking violations:

(1) Excessive speeding, involving any single offense for any speed of fifteen miles per hour or more above the posted speed limit;

(2) Reckless driving, or driving a commercial motor vehicle in disregard of the safety of persons or property, including but not limited to offenses of driving a commercial motor vehicle in wilful or wanton disregard for the safety of persons or property;

(3) Improper or erratic traffic lane changes;

(4) Following a vehicle ahead too closely;

(5) A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal traffic accident;

(6) Driving a commercial motor vehicle without obtaining a commercial driver's license;

(7) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession; provided that this paragraph shall not apply to a citation issued under, or an offense disposed of pursuant to, section 286-116(a) or a substantially similar provision of law in another state; [or]

(8) Driving a commercial motor vehicle without the proper class or endorsements of commercial driver's license for the specific vehicle group being operated or for the passengers or type of cargo being transported[.]; or

(9) Using an electronic device for texting while operating a commercial motor vehicle."

SECTION 4. Section 286-235, Hawaii Revised Statutes, is amended to read as follows:

"§286-235 Commercial driver's license required. (a) No person shall drive a commercial motor vehicle unless the person holds a valid commercial driver's license and valid applicable endorsements for the vehicle the person is driving, except when driving under a commercial driver's instruction permit and accompanied by the holder of a valid commercial driver's license for the vehicle being driven.

(b) No person shall operate a commercial motor vehicle without a commercial driver's license in such person's possession.

[~~(b)~~] (c) No person shall drive a commercial motor vehicle while the person's driver's license or permit is suspended, revoked, or canceled, or while subject to a disqualification.

[~~(c)~~] (d) No person shall drive a commercial motor vehicle in violation of an out-of-service order."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	2871
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
STATE OF HAWAII