Confused about the new cell phone ban?

The Senate Clerk’s Office have received several phone calls recently regarding the City and County of Honolulu ordinance banning the use of mobile electronic devices while driving. There appears to be some confusion regarding whether this is a state-wide ban. To clarify, the ordinance prohibiting cell phone use applies only on the island of Oahu.

The City Council voted to pass CB #4 in April, 2009 after which the ordinance was signed into law effective July 1, 2009. Stated in the City and County of Honolulu ordinance ~ Sec. 15-24 Mobile electronic devices, drivers are prohibited from using handheld mobile electronic devices while operating a motor vehicle except in emergencies and work-related use of two-way radios. Restricted mobile electronic devices include pagers, personal digital assistants, laptop computers, video games and digital photographic devices. Note:

* The law applies to out-of-state drivers
* The law also restricts texting and phone calls while stopped in traffic
* Passengers will not be cited, only drivers
* Hands-free devices allowing you to answer your phone by pressing a button or voice activation are allowed

There is a $67 fine for the first offense. According to a recent article by the Honolulu Advertiser, the Honolulu Police Department (HPD) issued 385 citations and warnings to 71 people in the first month of the ordinance becoming effective. Only 3 percent of court cases have been dismissed. For more information, visit the Honolulu Police Department’s FAQ.

Currently, 6 states (California, Connecticut, New Jersey, New York, Oregon, and Washington) prohibit all drivers from using a handheld cell phone while driving. Seventeen states have banned text messaging. Hawaii is one of 6 states that allow local jurisdictions to enact cell phone restrictions.