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The Honolulu Advertiser

Posted on: Thursday, April 7, 2005

Cell-phone bill gets hung up

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Drivers will be able to press their cellular phones to their ears for at least another year.

The Senate Judiciary Committee yesterday shelved a proposal that would have banned the use of a cell phone while driving unless the motorist used a hands-free device. Violators would have been fined $200. Exemptions would have been made for safety and medical emergencies.

Colleen Hanabusa

Judiciary Chairwoman Colleen Hanabusa said she did not see enough compelling evidence that use of hand-held cell phones is any more of a distraction than eating, putting on cosmetics or even using a cell phone with a headset, earpiece or other hands-free device.

Testimony received during a public hearing on Tuesday also was mostly opposed to the bill, said Hanabusa, D-21st (Nanakuli, Makaha).

"On a measure like this where ... we are governing behavior and regulating behavior, I really believe that the committee needs more than that to proceed on," she said after the meeting.

Hanabusa said she will seek a resolution asking the Legislative Reference Bureau to look into studies that may have been done elsewhere on the dangers of using cell phones when driving.

House Transportation Chairman Joe Souki, D-8th (Wailuku, Waiehu), said that he was disappointed by the Senate action and that he will reintroduce the legislation next year.

Souki said there are ample studies to show that using cell phones while driving is detrimental.

"Obviously, she (Hanabusa) needs more education," he said.

Meanwhile, a bill that would establish a graduated licensing program for drivers under 18 also may be shelved in the Transportation Committee. A vote is expected today.

The bill requires licensees under 18 to be accompanied by a licensed parent or guardian while driving between 11 p.m. and 5 a.m. with some exceptions.

It also requires a driver under 18 with an instructional permit to be accompanied at all time by a person who is at least 21, rather than 18. It also prohibits a driver under 18 from carrying more than one person under 18 unless accompanied by a licensed driver who is a parent or guardian.

Several senators said they are concerned about how the bill would affect families in rural areas who often depend on younger drivers to help with work or errands.

Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), said he would like language inserted into the bill requiring car insurance companies to roll back rates since it appears there would be fewer accidents if it were passed.

Carol McNamee, chairwoman of public policy for Mothers Against Drunk Driving, said she is puzzled why senators are raising issues with the graduated licensing bill when they had forwarded a similar bill to the House with almost identical language.

The House Judiciary Committee has yet to hear the other bill, meaning graduated licensing legislation is dead for the year unless it moves out of the Senate Judiciary Committee today.

Hanabusa said she suspects that colleagues, like herself, have been hearing from people under 21 who oppose the measure because they feel they are being punished for the acts of a few.

McNamee said there is clear evidence that graduated licenses reduce the number of teenage deaths from traffic collisions.

The Senate Judiciary Committee yesterday advanced a bill that would require motorists convicted of driving under the influence of alcohol or another intoxicant three or more times to forfeit any vehicles they own.

It also moved out a bill establishing the offense of excessive speeding, defined as going 25 miles an hour or more over the speed limit or 80 miles an hour or more, regardless of the speed limit.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.