Report Title:
Vehicles; Cellular Phones
Description:
Prohibits the operator of a motor vehicle from using a hand-held cellular phone while operating a motor vehicle. Provides exemptions. Imposes penalty. Preempts State. (HB49 HD1)
HOUSE OF REPRESENTATIVES |
H.B. NO. |
49 |
TWENTY-SECOND LEGISLATURE, 2003 |
H.D. 1 |
|
STATE OF HAWAII |
||
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A BILL FOR AN ACT
relating to traffic violations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§291- Use of cellular telephones while driving. (a) Except as provided in subsection (d), no person shall operate a motor vehicle upon a public highway while using a hand-held cellular telephone to engage in a call while the vehicle is in motion.
(b) An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, the operator's ear while the vehicle is in motion shall be prima facie evidence that the operator was engaged in a call within the meaning of this section. The presumption established under this subsection may be rebutted by evidence tending to show that the operator was not engaged in a call.
(c) This section shall not be construed as authorizing the seizure or forfeiture of a cellular telephone, unless otherwise provided by law.
(d) This section shall not apply to:
(1) The use of a hand-held cellular telephone by an operator of a motor vehicle for the sole purpose of making a "911" emergency call;
(2) The use of a hand-held cellular telephone by a police officer, firefighter, or emergency medical services personnel, while in the performance of their official duties; or
(3) The use of a hands-free cellular telephone.
(e) Any person who violates this section shall be fined not more than $100.
(f) The regulation of operator or passenger use of a commercial mobile radio service or other electronic communication device in a motor vehicle is expressly preempted by the State."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.