Report Title:

Inattention to Driving; Mobile Telephones

 

Description:

Prohibits drivers from utilizing mobile phones while driving unless the phone can be operated hands-free.

 

THE SENATE

S.B. NO.

2173

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO TRANSPORTATION SAFETY.

 

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 telephone. (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.

(b) Whoever operates a vehicle on a public highway while utilizing 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 utilizing a mobile telephone for a medical or safety emergency.

For purposes of this subsection:

A person operates a vehicle when the person occupies and assumes physical control of the steering mechanism of the vehicle while the engine or motor is running.

"Commercial mobile radio service" has the same meaning as defined in title 47 Code of Federal Regulations section 20.3.

"Hands-free mobile telephone" means a mobile telephone that allows a user to utilize the mobile telephone 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.

"Utilize or utilizing a mobile telephone" means initiating a telephone call by dialing a phone number, talking, listening, receiving and terminating a telephone call, and 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 Statutory material to be repealed is bracketed and stricken.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:

_____________________________