Hawaii: cell phone laws, legislation

Cell phone, text messaging news: All of the state of Hawaii’s counties have enacted distracted driving laws.

Maui is the latest Hawaiian county to ban use of handheld electronic devices while driving. The mayor signed legislation into law on Tuesday, July 6. The ban, which includes text messaging and handheld cell phones, takes effect immediately.

Kauai’s driving ban on handheld cell phones and text messaging became effective May 23, 2010. The Big Island’s ban on handheld cell phone use went into effect Jan. 1. Honolulu also has banned the holding of electronic devices while driving. The law includes cell phones and text messaging devices.

Current statewide prohibitions:
None.

2010 legislation notes:
Maui Mayor Charmaine Tavares signed into law a ban on use of handheld electronic devices while driving. Fines for text messaging or using handheld cell phones while driving are a maximum of $100 (first offense) and then up to $250. The county law also bars drivers with restricted licenses from using cell phones, regardless of whether a hands-free device is employed.

“With motorists increasingly using unsafe practices like texting while driving, we find ourselves joining the state’s other counties in enacting this new law,” Maui’s Tavares said at the July 6 signing. Maui was the last of the state of Hawaii’s counties to adopt distracted driving laws.

The Maui County Council approved the distracted driving Bill 40 in a series of votes leading up to the mayor’s approval. The Maui Police Department said it would begin writing tickets immediately.

Kauai’s mayor signed into law a ban on drivers’ use of handheld cell phones and text messaging devices. It went into effect May 23. The public safety committee unanimously approved the plan on Jan. 13, followed by the City Council. The mayor signed the legislation Feb. 23.

The Kauai law cites “mobile electronics devices” such as laptops, video game units and PDAs, but does not include GPS. Fines would be $50 or $100 in school zones or roadwork sites. The bill deliberately does not exempt hands-free devices for cell phones.

Fines would be $100 and then $250. The Maui plan also would bar drivers under 18 and others with restricted licenses from using cell phones, regardless of whether a hands-free device is employed. The legislation, expected to become law July 1, 2010, would mean all of the state of Hawaii’s counties have adopted distracted driving bans.

“It’s time to make this a reality,” said Maui County Council member Mike Victorino. “Enough is enough.”

Pending cell phone, texting legislation:
HB 14: Would prohibit text messaging by drivers and use of cell phones unless a hands free device is employed. Part of an omnibus traffic-safety bill. Carried over to the 2010 session. (Marumoto)

HB 89: Would outlaw use of cell phones for text messaging (all drivers). Fines up to $100. Carried over to the 2010 session. (Mizuno)

HB 15: Would outlaw text messaging while operating a motor vehicle and drivers’ use of handheld cell phones. Fines up to $100. Carried over to the 2010 session. (Marumoto)

HB 1158: Restricts drivers under 18 with provisional licenses from various forms of distracted driving, including use of all cell phones “and other electronic devices.” Also covers eating food, grooming and reaching for objects. Companion to SB 976. Carried over to the 2010 session. (Say)

HB 502: Same as HB 1158 (above). Carried over to the 2010 session. (Finnegan)

SB 760: Would prohibit drivers from using mobile telephones while driving unless the wireless device can be operated hands-free. Carried over to the 2010 session. (Chun)

SB 13: Seeks to ban drivers from using cell phones without a hands-free attachment. Would outlaw text messaging for all drivers. Carried over to the 2010 session. (Taniguchi)

SB 249: Would prohibit all drivers from text messaging and using cell phones without a hands-free device. Fines from $100-$500. Carried over to the 2010 session. (Gabbard)

SB 250: Would ban text messaging and emailing by all drivers. Violation does not occur unless an accident results. Carried over to the 2010 session. (Gabbard)

SB 275: Would prohibit drivers from using cell phones not equipped for hands-free use. Provides for forfeiture of violators’ cell phones. Carried over to the 2010 session. (Nishihara)

SB 976: Drivers under the age of 18 with restricted licenses would be banned from a range of distracted driving behaviors, including use of electronic devices and making cell phone calls (regardless of whether a hands-free device is employed). Also cites eating food, grooming and reaching for objects. Companion to HB 1158. (Hanabusa)

SB 1054: Seeks to restrict various forms of distracted driving, including use of handheld cell phones “and other electronic devices.” Also covers eating food and grooming. Secondary enforcement. Carried over to the 2010 session. (English)

Previous legislation notes:
SB 760, from Sen. ‘Susie’ Chun Oakland, D-Kalihi-Liliha, was approved on first reading Jan. 26, 2009. SB 976 from Senate president Colleen Hanabusa, D-Waianae passed on first reading Jan. 28.

HB 14 and HB 15 are sponsored by Rep. Barbara Marumoto, R-Kahala. The traffic-safety legislation was sent to committee Jan. 23, 2009.

SB 274 and 275 are sponsored by Sen. Clarence Nishihara, D-Waipahu. The cell phone-confiscation provision seems to be a first in the nation. They were referred to committee Jan. 28, 2009.

Regional Hawaii cell phone legislation:
Maui’s plan to outlaw use of handheld electronic devices while driving hit a snag on Feb. 18, 2010, when the Maui County Council Committee of the Whole voted 5-4 to delay consideration of Councilmember Joe Pontanilla’s measure. Fines would be $100 and then $250.

Hawaii County (the Big Island) has banned the use of handheld cell phones, meaning motorists must use a hands-free device. Violations will cost up to $150. Drivers causing accidents while using a mobile electronic device are subject to $500 fines. The Big Island ban was approved by the County Council on June 16, signed into law June 25, and went into effect Jan. 1, 2010.

Honolulu has banned the use of handheld cell phones, text messaging devices, laptop computers and similar wireless gear. The law was signed by Mayor Mufi Hannemann on May 7, 2009, and went into effect July 1. “This historic and comprehensive legislation was carefully crafted to help improve public safety on our streets and highways,” Hannemann said, perhaps referring to the issue’s long history in the city.

The fine for first offenses is $67. Honolulu police have posted an FAQ page related to the ban on use of mobile electronic devices while operating a motor vehicle.

Mayor Mufi Hannemann vetoed a text messaging plan in February after police complained they had no way of telling what a driver was doing while holding a cell phone. Honolulu Police spokesman Thomas Nitta said of the new plan: “As long as you are operating a motor vehicle and you are holding an electronic device that will be a violation.”

The Honolulu City Council voted 6-1 to ban drivers from holding electronic devices such as cell phones while driving. Honolulu Council members Rod Tam and Donovan Dela Cruz introduced the Honolulu ordinance banning use of handheld electronic devices while driving.

The Star Bulletin editorialized in support of the Honolulu cell phone ordinance on April 11:

“(Bill 4) should not encourage drivers to trade in their hand-held cell phones for hands-free devices in the belief the latter is safe. The use of either kind of cell phones is distracting, causing the driver to concentrate on the conversation rather than the road. Studies have shown that use of a cell phone — hand-held or hands-free — while driving is as dangerous as driving drunk.”

Honolulu’s earlier plan to ban text messaging was approved by the City Council on January 28, 2009, but the plan was overturned by Mayor Mufi Hannemann on Feb. 13. The council failed to overturn the Honolulu texting bill veto in a vote Feb 25. Three councilmen changed their votes to allow the veto.

The Honolulu mayor cited problems with enforcement. City police stood against the texting bill, saying that enforcement would be difficult. Police also have lobbied against state cell phone legislation.

The bill’s author, Councilman Charles Djou, said after the veto vote: “The text messaging driving ban has become a clear victim of typical city politics under the current mayor.” Earlier he noted: “I think (the ban) is needed and I think the community recognizes that text messaging and video game playing while driving is unacceptable.”

A Honolulu bus driver was videotaped playing PS2 games while driving. He kept his job.

Previous cell phone/texting legislation:
All state attempts to prohibit the use of handheld cell phones while driving have failed.

Rep. Joe Souki has led efforts to restrict use of cell phones in Hawaii. His hands-free legislation of 2005 passed in the House but was killed in the Senate.

MADD-Hawaii testified in favor of HB 1987 in January 2008: “Young drivers continue to be over-involved in highway crashes in Hawaii and across the
country. Studies have shown that novice drivers tend to be more easily impaired by distractions such as multiple passengers in the vehicle than are more experienced drivers. With more teens using cell phones, there is an increasing risk of young drivers causing crashes as a result of the distraction of having a cell phone conversation while operating a vehicle.”

Captain Evan Ching of the Traffic Division of the Honolulu Police Department testified on HB 1987 that “it would be difficult to enforce” and “problematic.” The HPD officially opposed the bill.

Numerous bills were filed for the 2008 legislative session seeking to limit use of cell phones.

HB 2462, HB 3323: Would have required use of hands-free devices by drivers. Not heard in committee.

SB 3120, HB 3198, HB 1987: Would have prohibited use of cell phones and other electronic devices by drivers under the age of 18, including those driving with a provisional license.