§291-17 Mobile electronic devices; use while operating a commercial motor vehicle prohibited. (a) No person with a commercial driver's license shall use a mobile electronic device, including using the mobile electronic device for texting as defined under section 286-231, while operating a commercial motor vehicle, as defined under section 286-2.
(b) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this section.
(c) The following persons shall be exempt from the provisions of subsection (a):
(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;
(2) Drivers using two-way radios while in the performance and scope of their work-related duties and who are operating motor carrier vehicles as defined in section 286-201; and
(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.
(d) Any person who is convicted of violating subsection (a) shall be fined not more than $2,750 in addition to the driving disqualification of section 286-240(e).
(e) As used in this section:
"Emergency responders" means any firefighters, emergency medical technicians, mobile intensive care technicians, emergency management workers, police officers, and federal and state law enforcement officers.
"Mobile electronic device" means any handheld or other portable electronic equipment recognized by the citing officer or other witness to be capable of providing wireless or data communications, or both, between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, or any device to input, write, send, receive, or read text, but does not include any equipment installed in a commercial motor vehicle for the purpose of providing audio, navigation, or emergency assistance to the operator of the commercial motor vehicle or video entertainment to the passengers in the rear seats of the commercial motor vehicle. A "two-way radio" or Private Land Mobile Radio System as defined by title 47 of the Code of Federal Regulations, part 90, when used for business purposes, shall not be considered to be a "mobile electronic device".
"Operate a commercial motor vehicle" means to drive or assume actual physical control of a commercial motor vehicle upon a public way, street, road, or highway in the State.
"Texting" means the same as defined under [section] 286-231.
"Use or using a mobile electronic device" means holding a mobile electronic device while operating a commercial motor vehicle. [L 2012, c 311, §1; am L 2014, c 111, §28]
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
291-2 OLD REPEALED. §291-2 Reckless driving of vehicle or riding of animals; penalty.
291-3.1 Consuming or possessing intoxicating liquor while operating motor vehicle or moped.
291-3.2 Consuming or possessing intoxicating liquor while a passenger in a motor vehicle.
291-3.3 Storage of opened container containing intoxicating liquor or consumption at scenic lookout.
291-8 Freight on motor cars; projection of, prohibited.
291-9 Freight; on running board.
291-11.5 Child passenger restraints.
291-11.6 Mandatory use of seat belts, when, penalty.
291-12 Inattention to driving.
291-13 Traffic laws apply to persons driving mopeds.
291-14 Pickup trucks; passenger restrictions.
291-15 Trauma system surcharge.
291-16 Safe routes to school program surcharge.
291-17 Mobile electronic devices; use while operating a commercial motor vehicle prohibited.
291-21.5 Regulation of motor vehicle sun screening devices; penalty.
291-22 Regulation of exhaust pipe and muffler.
291-24 Motorcycles and mopeds, noisy mufflers; penalty.
291-24.5 Motor vehicle muffler.
291-24.6 Motor vehicle alarm systems.
291-25 Lights for motor vehicles, motorcycles, motor scooters, motorized bicycles.
291-29 Lights for other vehicles.
291-31 Tail lights on vehicles, motorcycles and motor scooters.
291-33 Projections on face of wheels prohibited.
291-34 Size of vehicles; width, height, and length.
291-35 Gross weight, axle, and wheel loads.
291-35.1 Regulation of bumper height.
291-51.3 Reimbursement to counties; agreement with counties to provide permits
291-51.4 Fraudulent verification of an applicant as a person with a disability; penalty.
291-51.5 Special license plates.
291-51.6 Issuance of temporary removable windshield placards.
291-52 Issuance of removable windshield placard.
291-52.2 Issuance of a disabled paid parking exemption permit.
291-52.5 Issuance of identification card.
291-53 Nontransferability; penalty.
291-55 Metered parking privileges. §291-55 Parking fees.
291-57 Parking spaces reserved for persons with disabilities; penalties.
291-58 Requirement to provide parking for persons with disabilities; penalty.
291-71 Designation of parking spaces for electric vehicle charging systems.