STAND. COM. REP. 42

Honolulu, Hawaii

, 2003

RE: H.B. No. 49

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 49 entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC VIOLATIONS,"

begs leave to report as follows:

The purpose of this bill is to increase motor vehicle safety by:

(1) Prohibiting the use of a hand-held cellular phone while operating a motor vehicle upon a public highway; and

(2) Imposing fines for using a hand-held cellular phone while operating a motor vehicle.

This bill also provides exemptions if the person using the hand-held cellular phone is using the phone for emergency purposes or is using a hands-free device.

The Hawaii Transportation Association supported the intent of the measure. Verizon Wireless and T-Mobile testified in opposition to this measure. The Department of the Prosecuting Attorney of the City and County of Honolulu and Sprint offered comments.

 

The use of a hand-held cellular device while operating a motor vehicle can be a distraction leading to a motor vehicle collision. Collisions due to the use of a hand-held cellular device could be avoided and personal injury and property damage eliminated if regulations exist to restrict the use of a hand-held cellular device while operating a motor vehicle.

Although studies are currently in progress to determine whether cell phone use contributes to accidents, your Committee feels that this bill warrants further discussion.

Accordingly, your Committee has amended this measure by:

(1) Providing that holding a cellular telephone to, or in the immediate proximity of, the motor vehicle operator's ear while the vehicle is in motion shall be considered prima facie evidence that the operator was engaged in a call;

(2) Ensuring that 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; and

(3) Making technical, nonsubstantive amendments for purposes of clarity, conformity, and style.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 49, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 49, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation,

 

____________________________

JOSEPH M. SOUKI, Chair