Report Title:

Transportation; Inattention to Driving; Distracting Activities

 

Description:

Requires department of public safety to compile a report on distracting activities that lead to traffic collisions, and to report to governor and legislature. Prohibits city and county governments from enacting laws regarding distracting activities while operating a motor vehicle. Provides criminal penalties for engaging in distracting activity while driving. (SD1)

 

THE SENATE

S.B. NO.

411

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO Transportation.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

Section 1. The legislature finds that it is in the best interest of Hawaii residents and visitors, while operating a motor vehicle in the State, to follow traffic laws that are understandable, fact-based, and uniformly and consistently enforced by law enforcement personnel.

The legislature further finds that Hawaii residents and visitors who operate motor vehicles in the State will increasingly benefit from safety enhancements and new automobile options such as concierge services, web-based information, online email capabilities, CD-ROM access, on-screen and audio navigation technology, and a variety of other information and entertainment services. Advanced vehicular advancements and options represent potential benefits to driver safety in the State.

At the same time, these advancements have caused concern among drivers that utilization of these devices, together with other facets of modern life, provide greater opportunity for driver distraction and may lead to more accidents.

The purpose of this Act is to require that all traffic collision reports prepared by a member of the department of public safety or by any other law enforcement officer contain information as to whether a distracting activity caused or contributed to the collision. A further purpose of this Act is to prohibit drivers from engaging in distracting activities while driving.

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

"§291- Distracting activity; prohibition; preemption. A city, county, or other local government shall not enact or enforce any charter provision, ordinance, resolution, or other provision regulating persons engaging in a distracting activity as defined in section 291-12 while driving."

SECTION 3. Section 291-12, Hawaii Revised Statutes, is amended to read as follows:

"§291-12 Inattention to driving. (a) Whoever operates any vehicle [without]:

(1) Without due care resulting from engaging in a distracting activity that interferes with the safe operation of the vehicle; or [in]

(2) In a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle, or other property,

shall be fined not more than $500 or imprisoned not more than thirty days, or both.

(b) For purposes of this section, "distracting activity" includes responding to events, persons, or objects inside or outside the motor vehicle not related to the safe operation of the vehicle, such as personal grooming, food consumption, use of an electronic device such as a radio, personal digital assistant, or wireless telephone, reading, or interactions with passengers or pets."

SECTION 4. (a) Any traffic collision report prepared after the effective date of this Act and prior to December 31, 2003, by a member of the department of public safety or by any state or county law enforcement officer shall include information regarding whether a distracting activity is a known or likely associated cause of the traffic collision. The specific nature of the distracting activity shall also be identified.

(b) As used in this section, "distracting activity" includes responding to events, persons, or objects inside or outside the motor vehicle not related to the safe operation of the vehicle, such as personal grooming, food consumption, use of an electronic device such as a radio, personal digital assistant, or wireless telephone, reading, or interactions with passengers or pets.

(c) The department of public safety shall submit a compilation of all state and county reports regarding traffic collisions involving a distracting activity to the governor and to both houses of the legislature no later than twenty days prior to the convening of the regular session of 2004.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.