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The Honolulu Advertiser
Posted on: Thursday, March 19, 2009

Driver phone ban moving forward in Honolulu City Council

By Peter Boylan
Advertiser Staff Writer

The days of tucking your cell phone to your ear while navigating O'ahu's crowded streets may be waning as the City Council advanced a bill yesterday that would ban drivers from using mobile phones, video games and other electronic devices while driving.

Drivers would be able to use hands-free technology, such as Bluetooth earpieces for cell phones, under the proposed ordinance.

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

The Council voted 8-0 to advance the bill at the second of three required votes. The measure goes back to committee for possible amendments before final consideration by the full Council next month.

Hannemann supports the current proposal, but vetoed the previous bill, introduced by Councilman Charles Djou, because of concerns from police and prosecutors that it would be unenforceable because officers could not distinguish between texting, video game playing and other mobile device activity.

"I still think it's (the current bill) practical and enforceable," said police Maj. Thomas Nitta, head of the department's Traffic Division.

"Basically what we're talking about is safe driving on the roads. The proper way of driving ... is to have two hands on the wheel," said Tam. "We in government are responsible for (the safety on) the roads."

One issue raised about the bill was whether or not to eliminate the use of a hands-free device, as Nitta and Djou said statistical evidence indicates there is the same level of distraction whether a driver uses a hands-free device or holds a phone to their ear.

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 handheld 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.

"Personally I know that taking your eyes off the road is a lot more dangerous," said Councilman Gary Okino. "I was driving down Kina'u Street going about 2 miles an hour and I looked at my cell phone for like two seconds and ran right into the back of a sheriff's car, which is kind of embarrassing for a council member."

Not everyone was in support of the ban.

Tracy A. Ryan argued before the council yesterday that in order to ban such widespread behavior, the measure should be put to a public vote. Ryan also chastised Hannemann for vetoing the text message and video game ban.

"I think that the council did a wise thing in passing the original bill that was vetoed by the mayor," Ryan said. "The fact is that the overwhelming majority of drivers engage in the behavior that this bill is attempting to sanction. I think you need to have a public mandate."

One group seeking an exemption from the ban is amateur radio operators.

More than a half-dozen ham radio enthusiasts testified before the council yesterday saying that their devices are completely different from the electronic devices outlined by the proposed ordinance. Many said the technology is not live and operators can elect to not participate in conversations while driving.

"Two-way radio is much like listening to AM radio. With two way radio you're only talking back and forth, it's a paced action, you can totally ignore what youth are listening to," said Kimo Chun, a FCC licensed radio operator and owner of Delta Communications.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.