Report Title:

Cellular Phones; Motor Vehicles

Description:

Bans the use of hand held cellular phones while driving.

HOUSE OF REPRESENTATIVES

H.B. NO.

2108

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CELLULAR PHONES.

 

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 phones while driving. (a) No person shall operate a motor vehicle upon a public highway while talking into or listening on a hand-held cellular telephone while that vehicle is in motion.

(b) An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of the operator's ear while the vehicle is in motion shall be presumed to be talking into or listening on a hand-held cellular telephone. The presumption established under this subsection may be rebutted by evidence tending to show that the operator was not talking into or listening on a hand-held cellular telephone.

(c) A person who violates this section shall be fined not more than $200."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________