Report Title:

Hand-Held Cell Phones; Use While Driving Banned

Description:

Prohibits cell phone usage while operating a motor vehicle, subject to exceptions for emergencies and for the use of hands-free devices. Requires cell phone vendors to provide buyers with written information about the cell phone traffic law and about hands-free options for cell phones.

THE SENATE

S.B. NO.

914

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to cellular telephones.

 

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

SECTION 1. The legislature finds that cellular telephones have become a very popular and affordable commodity in today's society. The numerous safety benefits of carrying a cellular telephone in the car are well documented, including the ability to request assistance for stranded motorists, and report accidents, road rage, dangerous driving, and criminal behavior such as drunk driving. Cellular telephones also enable people to keep conveniently in contact with family, friends, and society.

However, using cellular telephones while operating a motor vehicle creates a potentially dangerous situation, not only for other motorists but for 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 more likely when the driver is busy conversing with someone on a cellular telephone, 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 the American Automobile Association Foundation for Traffic Safety found that drivers using cellular telephones were twenty to thirty per cent more likely to be involved in a highway-traffic accident situation.

In Hawaii, taxpayers are already being held financially responsible for damages arising from cellular-telephone related traffic accidents. In 2001, the State was found partially liable for the injuries of a pedestrian who was struck by a car driven by a state employee shortly after the driver had ended a cellular telephone conversation. The State's share of the victim's $7.5 million in damages was $1.5 million.

Also in 2001, New York became the first state in the nation to adopt a ban on the use of hand-held cellular telephones while driving on public roads, except in emergency situations. States considering the enactment of similar laws can expect to find some support from within the telecommunications industry. Verizon Communications, the nation's largest cellular telephone service, has adopted a position in favor of legislation banning the use of hand-held cellular telephones during driving.

The legislature finds that eliminating all but hands-free cellular telephone use while driving would dramatically reduce motor vehicle collisions.

The purpose of this Act is to prohibit the use of hand-held cellular telephones 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 telephone use prohibited while operating motor vehicle; exceptions. (a) No person shall engage in a call on a cellular telephone while operating a motor vehicle upon a roadway, street, or highway.

(b) It shall be a defense to a violation of subsection (a) that the operator had a 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 the use of a:

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

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

(3) Hands-free cellular telephone.

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

(e) As used in this section:

"Engage in a call" means talking into or listening on a hand-held cellular telephone, but does not mean holding a cellular telephone to activate, deactivate, or initiate a function of the phone.

"Hands-free cellular telephone" means a cellular telephone that allows the user to engage in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of the telephone."

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

"§ - Written instructions required of cellular telephone vendors. (a) Upon the sale of a cellular telephone, the seller of the phone shall provide the buyer of the phone with written information on the restrictions upon cellular telephone usage while operating a motor vehicle under section 291C- and on equipment options that allow a cellular telephone to be operated hands free.

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

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

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, 2003.

INTRODUCED BY:

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