Cell Phones and Driving

[Devany]

Good catch Kathy. Why do we need another law on the books? Actually, I find it more dificult to fiddle with my phone when using my headset than to use it alone. I only answer it when driving, do not make calls. When CA made their law I just decided not to answer when driving. There, it is legal to use your phone, but you have to have a hands free device.

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Originally posted by KathyH

There is a Hawaii statute for "inattention to driving" that results in an accident.

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§291-12 Inattention to driving. Whoever operates any vehicle without due care or in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both, and may be subject to a surcharge of up to $100 which shall be deposited into the trauma system special fund. [L 1971, c 150, §2; am L 1977, c 180, §1; am L 1998, c 287, §4; am L 2008, c 231, §6]

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It doesn't prevent an accident by punishing the behavior before it causes harm.
I seem to recall there was a law being passed this year about cell phones.
ETA here is the 2009 bill, still not heard ...

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"§291C-A Mobile telephone use and electronic wireless communications device use; prohibited. (a) No person shall use a mobile telephone while operating a moving motor vehicle in the State unless the mobile telephone is equipped with a hands-free accessory.
(b) No person shall use a mobile telephone, including those with hands-free accessories, while operating a moving school bus that is carrying passengers.
© No person shall use an electronic wireless communications device, other than a voice-activated global positioning or navigation system, while operating a motor vehicle in the State.
(d) The provisions of this section shall not apply to the following:
(1) Emergency use of a mobile telephone or electronic wireless communications device, including calls to 911, a hospital, an ambulance service provider, a fire department, or a law enforcement agency;
(2) Use of a mobile telephone or electronic wireless communications device by law enforcement or emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties; or
(3) Initiating or terminating a telephone call, or turning the telephone or electronic wireless communications device on or off.
(e) Violation of this section shall be a violation, and courts shall impose a fine of not more than $100 for each violation.

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Aloha au i Hawai`i,
devany

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