Report Title:

Inattention to Driving; Mobile Telephone; Cell Phones

 

Description:

Prohibits drivers from using mobile telephones while driving unless the telephone can be operated hands-free.

 


THE SENATE

S.B. NO.

760

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to traffic violations.

 

 

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

 


SECTION 1. Section 291-12, Hawaii Revised Statutes, is amended to read as follows:

"291-12 Inattention to driving[.]; mobile telephones. (a) Whoever operates any vehicle without due care or 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, and may be subject to a surcharge of up to $100 which shall be deposited into the trauma system special fund. (b) Whoever operates a vehicle on a public highway while using a mobile telephone that is not equipped and being used as a hands-free mobile telephone shall be fined not more than $          ; provided that this subsection shall not apply to using a mobile telephone for a medical or safety emergency. It shall be an affirmative defense that the person was using a mobile telephone for the purpose of reporting a medical or safety emergency or to obtain assistance for a medical or safety emergency.

For purposes of this subsection:

"Hands-free mobile telephone" means a mobile telephone that allows a user to operate the mobile phone without requiring the user to hold or manipulate the mobile telephone by hand.

"Mobile telephone" means a device used by persons to access a two-way real time voice telecommunications service provided by a commercial mobile radio service, as defined in Title 47 Code of Federal Regulations section 20.3 as in effect on June 1, 1999.

"Operates a vehicle" means the person occupies and assumes physical control of the steering mechanism of the vehicle while the engine or motor is running.

"Using a mobile telephone" means:

(1) Initiating a telephone call by dialing a telephone number;

(2) Talking, listening, receiving, or terminating a telephone call; or

(3) Configuring the mobile telephone to standby and receive telephone calls."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

 

INTRODUCED BY:

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