HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO TRAFFIC SAFETY.
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 electronic devices; prohibitions. (a) No person shall operate a motor vehicle or commercial motor vehicle while using a mobile electronic device.
(b) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this section.
(c) The following persons shall be exempt from the provisions of subsection (a):
(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;
(2) Drivers operating fleet vehicles using two-way radios while in the performance and scope of their work-related duties; and
(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.
(d) Any person who violates this section shall be subject to the following:
(1) For a first violation, or any violation not preceded within one year by a prior violation of this section, a fine of at least $100 but not more than $200;
(2) For a violation that occurs within one year of a prior violation of this section, a fine of at least $200 but not more than $300 and the suspension of the person's driver's license and privilege to operate a vehicle for a period of thirty days; and
(3) For a violation that occurs within two years of two prior violations of this section, and for the fourth and each additional violation of this section, regardless of when the violation occurred, a fine of at least $300 but not more than $500 and the suspension of the person's driver's license and privilege to operate a vehicle for a period of ninety days.
(e) In addition to any other penalties provided for under this section, any operator of a commercial motor vehicle found in violation of this section shall also be penalized in accordance with section 286-240(e).
(f) As used in this section:
"Emergency responders" means any firefighters, emergency medical technicians, mobile intensive care technicians, civil defense workers, police officers, and federal and state law enforcement officers.
"Fleet vehicle" means any vehicle validly registered pursuant to section 286-53.5.
"Mobile electronic device" means any handheld or other portable electronic equipment recognized by the citing officer or other witness to be capable of providing:
(1) Wireless audio, video, or data communication between two or more persons; or
(2) Amusement, including a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device;
provided that "mobile electronic device" shall not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing audio, navigation, or emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle. A "two-way radio" or private land mobile radio system as defined by title 47 of the Code of Federal Regulations, part 90, when used for business purposes, shall not be considered a "mobile electronic device".
"Operate" means to drive or assume actual physical control of a motor vehicle upon a public way, street, road, or highway in the State.
"Use or using a mobile electronic device" means holding a mobile electronic device."
SECTION 2. Section 291C-123, Hawaii Revised Statutes, is amended to read as follows:
"§291C-123 Driving or parking
upon bikeway; parking penalty. (a) No person shall drive any
vehicle other than a bicycle [
or moped] upon a bicycle lane or bicycle
path, except upon a permanent or authorized temporary driveway, or park any
vehicle upon a bicycle lane or bicycle path; provided that any vehicle may be
driven or parked in a bicycle lane or bicycle path as applicable if:
(1) It is in the process of executing a legal turn, lane change, or parking maneuver;
(2) It is an authorized emergency vehicle performing the functions under section 291C-26;
(3) It is an official federal, state, or county vehicle in the performance of its actual duty;
(4) It is a stalled or broken vehicle;
(5) It is necessary to assist a stalled or broken vehicle;
(6) It is necessary to yield to an authorized emergency vehicle pursuant to section 291C-65; or
(7) It is otherwise provided by law."
Any person violating the [
parking prohibition in subsection (a)] prohibitions
in this section shall be fined not more than $500."
SECTION 3. Section 291C-145, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The director of transportation by
rule and the counties by ordinance [
may], shall with respect to
bikeways under their respective jurisdictions, restrict or prohibit the
use of such bikeways by mopeds[ .]; provided that any such restriction
or prohibition complies with the requirements of section 291C-197."
SECTION 4. 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, [
291C-105, or 291C- shall be sentenced or fined in
accordance with those sections."
SECTION 5. Section 291C-197, Hawaii Revised Statutes, is amended to read as follows:
"§291C-197 Driving mopeds on bicycle
lanes and paths[
.]; prohibited. (a) [ Wherever bicycle
lanes are provided on the roadway, moped drivers shall use such bicycle lanes.]
No moped driver shall operate a moped on a bicycle lane or a bicycle path.
(b) The director of transportation by rule and
the counties by ordinance [
may] shall, with respect to bicycle
paths and bicycle lanes under their respective jurisdictions [ restrict
or], prohibit the use of such bicycle paths or bicycle lanes
by mopeds. Signs clearly visible to an ordinarily observant person indicating
the [ restriction or] prohibition shall be placed along bicycle paths and
bicycle lanes so designated and every moped driver shall obey the
(c) This section shall not apply to a
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on January 7, 2059.
Traffic Safety; Bicycle Path; Mopeds
Prohibits the use of mopeds on bicycle lanes and bicycle paths. Prohibits operating a motor vehicle or commercial motor vehicle while using a mobile electronic device. Provides penalties. Effective January 7, 2059. (HB2760 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.