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The Honolulu Advertiser
Posted on: Thursday, April 23, 2009

Honolulu City Council passes ban on drivers' cell phones

By Sean Hao
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

If Honolulu Mayor Mufi Hannemann signs the bill approved by the City Council yesterday, drivers such as this one will face fines for using a handheld cell phone. Fines could range from $20 to $100, police said.

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Honolulu drivers wouldn't be able to use handheld cell phones, video games or any other mobile electronic devices starting this summer under a bill given final approval yesterday by the Honolulu City Council.

The bill would still allow drivers to use their phones via hands-free technology.

Honolulu Mayor Mufi Hannemann has said he supports such a ban. If he signs the measure into law, it would take effect July 1.

The bill, which was introduced by council members Donovan Dela Cruz and Rod Tam, passed yesterday by a 6-1 margin with little opposition. That's in contrast to past efforts to regulate cell-phone use by drivers. The council in 2002 tried to ban cell-phone use while driving, and variations on that idea failed at the state Legislature in 2005, 2007 and again this year.

Opposition to the city's proposed ban from lobbyists and phone companies never materialized this time around, said council member Duke Bainum, who voted for the ban.

"Many accidents and, unfortunately, lives later we're at a point where the environment is completely different and it is encouraging," Bainum said. "It will be a pain to get used to using a hands-free set. It was a pain to get used to using seat belts, but the seat belts save lives and these (hands-free) devices will save lives."

As written, the ban would not apply to on-duty emergency responders, drivers who use push-to-talk, two-way radios for work and amateur radio operators. A handheld device includes any mobile electronic device including a text-messaging device or digital camera.

The bill banning drivers from using cell phones was introduced in February following Hannemann's veto of a bill introduced by council member Charles Djou that would have banned automobile operators from text-messaging and playing video games. Honolulu police and the prosecuting attorney said that limited ban would be difficult to enforce.

Maj. Thomas Nitta, head of the Honolulu Police Department's traffic division, said the bill passed yesterday fixes that problem.

The prior bill "was written so narrowly that there were so many other uses that we wouldn't be able to differentiate what the person was doing," he said.

If the bill becomes law, HPD will launch a public awareness campaign to educate the public before July 1, Nitta said. Some details on how the law will be implemented need to be worked out.

"We haven't determined exactly what (the fine) will be but I think it can go anywhere from $20 to $100 for a first offense," Nitta said.

Cell-phone retailers yesterday said they were bracing for what's likely to be a surge in demand for wireless mobile phone headsets.

Min Shin, a manager for Mr. Wireless, which has two stores in Honolulu, said the price for wireless cell-phone headsets ranges from $30 to $90. Wired headsets can be found as cheap as $10 at other stores.

"We don't really have that much in stock," Shin said. "Right now, not too many people are looking for it so we don't carry that many in inventory."

Alana Gaitley, senior marketing manager for Mobi PCS, said the wireless carrier has seen an influx of customers seeking hands-free cell-phone devices in anticipation of the bill's passage.

"We've pretty much prepared," she said. "We're fully stocked, with a whole line of headsets available."

Reach Sean Hao at shao@honoluluadvertiser.com.