HomeMy WebLinkAboutBIL 066A Draft 02 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 24, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED), RELATING TO INATTENTION TO DRIVING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 24, article 7, division 3, Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding a new section to be appropriately designated and to
read as follows:
"SECTION 24 Use of mobile electronic devices while operatine a vehicle.
technicians mobile intensive care technicians civil defense workers, police
officers and federal and state law enforcement officers.
"Mobile electronic device" means any hand-held or other portable
electronic equipment capable of providine wireless and/or data communication
between two or more persons or of providing amusement includme but not
limited to a cellular phone text messaainQ device paging device personal diertal
assistant laptop computer video came or di¢ital photographic device, but does
not include anv audio equipment or anv equipment installed in a motor vehicle for
the pumose of providine navigation emergency assistance to the operator of the
motor vehicle or video entertainment to the passeneers m the rear seats of the
motor vehicle.
"Operate a motor vehicle" means to drive or assume actual physical
control of a vehicle upon a public way street road, or highway.
"Use or usine" means holding a mobile electronic device while operating
a motor vehicle."
(b) It shall be a violation under this section to operate a motor vehicle while
usin a mobile electronic device unless used with ahands-free device.
Any person convicted of violating this subsection shall be subiect to a
maximum fine of $150:
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STATE OF HAWAII
BILL NO. 66A.
(DRAFT 2)
(c) Whoever ogerates anv vehicle while usine a mobile electronic device
unless used with ahands-free device in a manner as to cause a collision
with or iniurv or damage to as the case may be anv person, vehicle, or
other propertv shall be fined not more than $500.
(d) The use of a mobile electronic device for the sole pumose of making a
"911" emer¢ency communication shall be an affirmative defense to this
ordinance.
el The following persons shall be exempt from the provisions of subsections
bandc:
(1) Emergency responders using a mobile electronic device while in
the performance and scope of their official duties;
(2) Drivers using two-wav radios while in the performance and scope
of their work-related duties; and
(3) Drivers holdin¢ a valid amateur radio operator license issued by
the federal communications commission and usine half-duplex
two-wav radio."
SECTION 2. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or.circumstance, is held invalid, the invalidity does not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect on January 1, 2010.
Hawaii
Date of Introduction:
Date of ls` Reading:
Date of 2"d Reading:
Effective Date:
REr"ERE4.^,E: Corm. 262.11