Report Title:

Hand Held Cellular Phones; Use While Driving Prohibited

 

Description:

Encourages the use of hands free operation of cellular phones while driving a vehicle; prohibits hand-held cellular phone use while driving a vehicle; requires cellular phones to come with instructions on safe use while driving and prohibitions on such use.

 

THE SENATE

S.B. NO.

679

TWENTY-FIRST LEGISLATURE, 2001

 

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. The legislature finds that cellular phones have become a very popular and affordable commodity in today's society. The many safety benefits for carrying a cellular phone in the car are well documented, including the ability to report accidents, road rage, dangerous driving, and criminal behavior such as drunk driving, and to report requests for assistance for stranded motorists. Cellular phones also enable people to keep conveniently in contact with family, friends, and society. However, using these devices while operating a motor vehicle creates a potentially dangerous situation, not only to other motorists but to pedestrians as well, and the number of accidents attributable to their misuse is increasing. According to a recent study published by the New England Journa1 of Medicine, the risk of the occurrence of an accident is four times as likely when the driver is busy conversing with someone on a cellular phone, and the driver's attention is more apt to be on the discussion than on the road. As early as 1991, a study performed by American Automobile Association Foundation for Traffic Safety found that drivers using cellular phones were twenty to thirty per cent more likely to be involved in a highway-traffic accident situation.

The legislature finds that eliminating all but hands-free cell phone use would dramatically cut down on these accidents.

The purpose of this Act is to prohibit the use of hand-held cellular phones while driving a motor vehicle.

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

"§291C- Cellular phones prohibited while operating motor vehicles. (a) No person shall operate a hand-held cellular phone while operating a motor vehicle upon a roadway, street, or highway, unless the person uses a hands free cellular phone while operating the vehicle.

(b) It shall be a defense to a violation of subsection (a) that the operator had reason to fear for the operator's life or safety, was reporting a traffic accident, or making a "911" emergency call.

(c) This section shall not apply to use of a:

(1) Cellular phone by an official in a law enforcement or an emergency vehicle; or

(2) Citizen's ban radio or speaker phone that is voice activated and does not require the use of hands to operate.

(d) Violation of this section shall be subject to section 291C-161.

(e) As used in this section:

"Hands free" means voice activated with a single earpiece and microphone combination or with a speakerphone."

SECTION 3. The Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

"§   -   Written instruction on use of cellular phone. (a) Upon the sale of a cellular phone, a vendor of a cellular phone shall provide written instructions to the buyer about the safe use of a hands free option of a cellular phone that does not require the cellular phone to be held in the hand or up to the ear and mouth while driving, including the applicability of section 291C-  .

(b) This section shall be enforced by the attorney general.

(c) Violation of this section shall be subject to a fine of $100 for each violation."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 3 shall take effect on September 1, 2001.

INTRODUCED BY:

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