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The Honolulu Advertiser
Posted on: Friday, February 13, 2009

Veto lets drivers continue to text

By Sean Hao
Advertiser Staff Writer

Gaming and texting while driving is still legal in Honolulu following Mayor Mufi Hannemann's veto yesterday of a bill that would have banned such behavior.

The bill, which passed the City Council by a 7-1 margin late last month, would have banned video game playing, writing, sending or reading text-based communication while driving, including text messages, instant messages and e-mail.

The bill was criticized by Hannemann as unenforceable. However, many council members had hoped the law would dissuade drivers from engaging in such distracting behavior.

In addition, the law could have served as a first step toward imposing a more effective, comprehensive ban on the use of handheld devices such as mobile phones while driving, said Councilman Charles Djou, who introduced the measure.

The measure was partly a response to the September suspension of a city bus driver who was caught on video playing a handheld game.

Djou yesterday said he was hopeful the council would overturn Hannemann's veto at its next meeting on Feb. 25. Six votes are needed to override.

"Obviously, I'm extremely disappointed that the mayor doesn't recognize driving and playing a video game or text messaging are simply incompatible," Djou said. "I respect and I think there's a lot of merit to a discussion of banning cell phones generally. But I think we've got to do this one step at a time."

The council in 2002 tried to ban cell-phone use while driving, and variations on that idea failed at the state Legislature in 2005 and 2007.

Hannemann and Councilman Rod Tam, the only member to vote against the ban, have criticized the proposed ordinance as unenforceable. Honolulu police and the Honolulu prosecuting attorney have also said a ban on texting and video game playing while driving would be difficult to enforce, according to a message by Hannemann that was attached to the vetoed bill.

That's because it will be difficult to determine whether a person is texting, downloading or using a phone for other communication purposes.

"A police officer operating a motor vehicle will only have a second or two to determine if the driver is committing a violation by text messaging or playing a video game," Hannemann wrote.

"I applaud the council's intent to address this public safety matter. However, the concerns raised by the Office of the Prosecuting Attorney and HPD are valid."

Hannemann wrote that a broader ban on cell-phone use while driving, which the council also is considering, would be more enforceable.

Reach Sean Hao at shao@honoluluadvertiser.com.