HOUSE OF REPRESENTATIVES

H.B. NO.

2355

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to motor vehicles.

 

 

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

 


     SECTION 1.  Chapter 291C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291C-     Mobile telephone use; text messaging prohibited.  (a)  No driver shall use a mobile telephone to manually communicate with any person using text-based communication, including those forms of electronic communication known as texting, text messaging, instant messaging, or emailing while operating a moving motor vehicle.

     (b)  It shall be an affirmative defense to an alleged violation of this section that the person was using a mobile telephone:

     (1)  To report a medical or safety emergency or to obtain assistance for a medical or safety emergency; or

     (2)  In the scope of the person's duties as law enforcement or emergency personnel, as a driver of an authorized emergency vehicle, or as a properly licensed operator of a commercial vehicle.

     (c)  It is a violation for any person to violate the provisions of this section.  Any person who violates this section shall be fined not more than $100 for each violation.

     (d)  Notwithstanding any other law to the contrary, no county shall enact any ordinance or adopt any rule regulating the use of mobile telephones by a driver of a motor vehicle that is inconsistent with, or less restrictive than, the provisions of this section.  Any such ordinance or rule shall be void to the extent that it is inconsistent with this section.

     (e)  This section shall only be enforced as a secondary action when a driver of a motor vehicle has been detained for the suspected commission of another traffic infraction.

     (f)  As used in this section:

     "Commercial vehicle" means a vehicle registered to a business that has a gross vehicle weight rating of ten thousand and one pounds or more.

     "Mobile telephone" means a cellular, analog, satellite, wireless, or digital device capable of sending or receiving telephone, digital, or other electronic messages without an access line for service."

     SECTION 2.  Section 291C-161, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C-15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, [or] 291C-105, or 291C-    shall be sentenced or fined in accordance with those sections."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Mobile Phones; Text Messaging; Penalty

 

Description:

Prohibits text messaging while operating a motor vehicle.  Imposes penalty of not more than $100 for each violation.

 

 

 

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