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

 


 

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.