Report Title:

Mobile phones; text messaging; safety

 

 

Description:

Prohibits text messaging while driving.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

89

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

Relating to the use of mobile phones while driving.

 

 

 

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

 


SECTION 1.  The legislature finds that over the span of a decade, the cellular phone has gone from novelty to convenience to a fixture of modern life.  It is difficult to travel the state and not meet someone who is using or carrying a cellular phone.  A great part of the allure of mobile phones, particularly cellular phones, is the convenience of using a phone nearly anywhere, including while driving.

The legislature also finds that driving with two hands on the steering wheel and full attention to traffic and road conditions increases driving safety.  Using a mobile phone for text messaging (sending electronic messages via a mobile phone) while driving reduces driving safety due to the need to use one, or both, hands to type a message into a cellular device, send the message, or receive a message.  Because of the safety hazard posed by using mobile phones to send or receive text messages when driving, the legislature finds that use of this device for this purpose while driving should be prohibited.

The purpose of this Act is to prohibit the use of mobile phones for sending or receiving text messages while operating a motor vehicle.

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

"§291C-    Mobile telephone use; text messaging prohibited.  (a)  No driver shall use a mobile telephone while operating a moving motor vehicle to write, send, or read a text-based communication.

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

(1)  To report a medical or safety emergency or to obtain 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 properly licensed operator of a commercial vehicle.

(c)  Violation of this section shall be a violation, and courts shall impose a fine of not more than $100 for each violation.

(d)  Notwithstanding any other law to the contrary, no county shall enact ordinances or adopt any rule regulating the use of mobile telephones by an operator of a motor vehicle that is inconsistent with, or more restrictive than, the provisions of this section.  Any ordinances or rules regulating the use of mobile telephones by an operator of a motor vehicle that are enacted or adopted by a county that are inconsistent or more restrictive than the provisions of this section are void.

(e)  This section may only be enforced as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another traffic infraction.

(f)  For the purposes of 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.

"Mobile telephone" means a cellular, analog, satellite, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service.

     “Write, send, or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using text-based communication, including communications referred to as text messaging, instant messaging, and electronic mail."

SECTION 3.  New statutory material is underscored.

SECTION 4.  This Act shall take effect on upon its approval.

 

INTRODUCED BY:

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