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The Honolulu Advertiser
Posted on: Friday, March 6, 2009

Honolulu City Council may ban drivers from using cell phones

By Sean Hao
Advertiser Staff Writer

The Honolulu City Council advanced a bill yesterday that would ban the use of cell phones, music players, video games and other hand-held electronic devices while behind a steering wheel.

Drivers on the road, however, would be able to use hands-free technology to carry on cell phone conversations under the proposed new law.

The electronic device ban follows the recent veto by Mayor Mufi Hannemann of a bill that would have banned video-game playing and texting while driving.

Hannemann supports the current proposal, but vetoed the previous bill because of concerns it would be unenforceable. The bill now being considered would fix that problem.

"It's very practicable and enforceable," said Maj. Thomas Nitta, head of the Honolulu Police Department's traffic division.

A ban on hand-held cell phone use could ultimately be more difficult to pass into law, however. 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.

Signs of possible problems ahead surfaced yesterday as the council weighed which classes of drivers should be exempt. As written, the ban would not apply to on-duty emergency responders or bus drivers who use push-to-talk, two-way radios. Whether taxi drivers, utility company vehicles and other classes of drivers also should be exempt will be discussed further.

There also were concerns the bill should be expanded to ban other activities such as eating or putting on makeup while driving. However, Councilman Gary Okino said attempts to expand the ban could result in its failure.

"The more things we add to this, the less chance we're going to get it to pass," said Okino, chairman of the council's Transportation and Planning Committee.

The council's Transportation and Planning Committee passed the bill 4-0 yesterday, but there will be several more votes before it could become law. The next vote likely will occur at the council's March 18 meeting.

Under the proposal, a first offense could result in a fine of up to $100. A third offense within one year could result in a $500 fine, according to the Honolulu Prosecutor's Office.

Drivers would still be able to use a hand-held phone to call 911. In addition, fixed electronic devices such as an in-dash music player, global positioning system or DVD player would still be legal to use.

Council Chairman Todd Apo expressed concern the ban may be too broad because it would make it illegal for a driver to hold a phone even if it weren't in use.

"So we're making it illegal for someone to be holding a cell phone in their hand ... whether they're using it or not," he said. "That's a little extreme for me.

"I'm very concerned about this council making that illegal and affecting people's (auto) insurance (rates) merely because they're holding an electronic device. I think this (bill) has a long way to go."

The previous proposed ban on texting was partly a response to the September suspension of a city bus driver who was photographed playing a hand-held video game while working his route. However, Honolulu police and the prosecuting attorney said the ban on texting and video-game playing would have been unenforceable because of the difficulty in determining whether someone holding a device is actually texting or playing a game.

The current bill would "not restrict anyone from communicating while they're driving" so long as they use hands-free technology, said Councilman Rod Tam, one of the introducers of Bill 4. "We're looking more at safety on the road for themselves, the packages in their car and for others."

In separate business yesterday the council's Public Safety and Services Committee passed Bill 2, which would ban sleeping in Kapi'olani Park by adults 24 hours a day. It is illegal to sleep in the park from 10 p.m. to 5 a.m. The idea is to clamp down on vagrancy that has the potential of tarnishing Waikiki's allure for tourists and residents.

"We're getting a lot of (negative) national attention precisely because Kapi'olani Park is the gateway to Waikiki," said Councilman Charles Djou.

"In our current tough economic climate this isn't just bad for the community, it is bad specifically for our economy."

Reach Sean Hao at shao@honoluluadvertiser.com.