Report Title:

Cellular Phones; Motor Vehicles

Description:

Bans the use of hand held cellular phones while driving. Allows for the use of hands-free cellular phones. Provides an affirmative defense for safety and medical emergencies. Provides a $200 fine. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

88

TWENTY-THIRD LEGISLATURE, 2005

H.D. 2

STATE OF HAWAII

S.D. 1


 

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 use a cellular phone while operating a moving motor vehicle upon a public highway unless the telephone is equipped and used with a hands-free accessory.

(b) For purposes of this section, "hands-free accessory" means an attachment, add-on, built-in feature, or addition to a cellular phone, whether or not permanently installed in a motor vehicle, that when used allows the vehicle operator to maintain both hands on the steering wheel.

(c) It shall be an affirmative defense that the person was using a cellular phone for the purpose of reporting a medical or safety emergency or to obtain assistance for a medical or safety emergency.

(d) A person who violates this section shall be fined not more than $200. However, the fine shall be suspended for first-time violators who, subsequent to the violation but prior to the imposition of a fine, provide proof of acquisition of a hands-free accessory of the type required by this Act."

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 on January 1, 2020.