Bill Text: HI SB249 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 249 (Prior Session Legislation)

Introduced

Bill Title: Highway Safety; Cell, Mobile Phone, Text and Email Message Device Prohibitions

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB249 Detail]

Download: Hawaii-2010-SB249-Introduced.html

Report Title:

Highway Safety; Cell, Mobile Phone, Text and Email Message Device Prohibitions

Description:

Prohibits, while operating a motorized vehicle, the use of a cellular or mobile telephone unless the telephone is used with a hands-free device, or transmittal or reading of a text or email message; provides exemptions for emergency use of cellular or mobile telephones; establishes fines.

THE SENATE	S.B. NO.	249
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to highway safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that holding a cellular or mobile telephone while driving leaves the driver with only one hand available to operate the vehicle. The driver cannot activate turn signals or lights, or if the vehicle has a manual transmission, change gears due to traffic conditions, without releasing the steering wheel. In addition, sending or reading text or email messages while operating a moving vehicle is extremely hazardous to the driver of the vehicle, other motorists, and pedestrians.

The legislature further finds that drivers have safer alternatives, either through the use of hands-free devices that leave both hands free to operate the vehicle, or if these are not available to the driver, by pulling to the side of the road to use the cellular or mobile telephone.

The purpose of this Act is to prohibit a person, while operating a motorized vehicle, from:

(1) Using a cellular or mobile telephone, unless the telephone is used with a hands-free device or being used for emergency purposes; or

(2) Transmitting or reading a text or email message.

SECTION 2. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291‑ Use of a cellular or mobile telephone, text message device, or email message device while operating a motor vehicle. (a) A person shall not use a cellular or mobile telephone while operating a motor vehicle unless the telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

(b) A person shall not operate a motor vehicle while using a communication device to transmit or read text or email messages.

(1) $100 for first offense;

(2) $300 for second offense;

(3) $500 for third offense;

(4) $1,000 for a fourth offense; and

(5) $5,000 for a fifth or subsequent offense.

(d) This section shall not apply to:

(1) A person using a cellular or mobile telephone for emergency purposes to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity; provided that the emergency call shall be verified by the person's telephone records; or

(2) An emergency services professional using a cellular or mobile telephone while operating an emergency vehicle, as defined in section 291-11.6, in the course and scope of the emergency services professional's duties."

SECTION 3. New statutory material is underscored.

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