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The Honolulu Advertiser
Posted on: Wednesday, February 25, 2009

Texting ban for drivers up for veto override

By Sean Hao
Advertiser Staff Writer

Texting while driving is not only a bad idea, it will be illegal if the Honolulu City Council today pushes through a ban on it.

The council passed the ban late last month by a 7-1 margin, but Mayor Mufi Hannemann vetoed the bill, saying such a law would be unenforceable. That veto will be overridden today if the council can muster at least six votes for the ban.

The bill would ban playing video games, and writing, sending or reading text-based communication while driving, including text messages, instant messages and e-mail. The only reason a veto override could fail is if council members change their vote for political reasons, said Councilman Charles Djou, who introduced the bill.

"That's the only reason," he said. "There's no new facts that have come out. The only thing that could possibly change anyone's vote is politics, petty politics."

Ban proponents hope the law will deter drivers even if it's difficult to enforce. In addition, the law could serve as a first step toward imposing a more effective, comprehensive ban on use of hand-held devices such as mobile phones while driving.

The City 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. Bills to ban cell-phone use without a hands-free device and to ban texting have been introduced by state Rep. Barbara Marumoto, R-19th (Wai'alae Iki, Kalani Valley, Kahala). However, prospects for the cell-phone ban seem poor, Marumoto said.

"It's nil here in the Capitol," she said. "I don't understand it. I think it should pass."

Councilman Rod Tam, who voted against the texting ban, said he's hopeful the council will be able to pass a separate bill scheduled for a hearing today that would ban use of cell phones while driving without the use of hands-free technology.

He noted that Honolulu police and the Honolulu prosecuting attorney have said a ban on texting and video-game playing while driving would be difficult to enforce.

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

"The concept is good, but the enforceability has to be worked on," Tam said.

Nine states — Alaska, California, Illinois, Louisiana, Nebraska, Minnesota, New Jersey, Oregon and Washington — have laws relating to dialing, texting and driving, according to www.Drivinglaws.org. Hands-free-phone driving laws are now in effect in California, Washington state, New York state, New Jersey, Washington, D.C., and Connecticut.

No one testified against Honolulu's proposed ban on texting/gaming while driving. Generally, cell phone companies haven't opposed cell phone-related bans prompted by safety concerns.

"Let's be clear, safety is the number-one priority and concern and we'll support any legislative action that tries to put safety first and is reasonable, and that's the reason we've supported hands-free in a number of states," said Scott Charleston, a spokesman for carrier Verizon Wireless.

Reach Sean Hao at shao@honoluluadvertiser.com.