§291C-137 Mobile electronic devices. (a) No person shall operate a motor vehicle while using a mobile electronic device.
(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 law.
(c) No person under eighteen years of age shall operate a motor vehicle while utilizing a hands-free mobile electronic device, except for the sole purpose of making a "911" emergency communication.
(d) The following persons shall be exempt from subsection (a):
(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;
(2) Drivers using a two-way radio or a private Land Mobile Radio System, within the meaning of title 47 Code of Federal Regulations part 90, while in the performance and scope of their work-related duties and who are operating fleet vehicles or who possess a commercial vehicle license;
(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio; or
(4) Drivers of vehicles that are at a complete stop, while the engine is turned off, in a safe location by the side of the road out of the way of traffic.
(e) As used in this section:
"Emergency responders" includes firefighters, emergency medical technicians, mobile intensive care technicians, emergency management workers, police officers, and federal and state law enforcement officers.
"Fleet vehicle" means any vehicle validly registered pursuant to section 286-53.5.
"Mobile electronic device" means any handheld or other portable electronic equipment capable of providing wireless or data communication 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, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle.
"Operate" a motor vehicle means to drive or assume actual physical control of the vehicle upon a public way, street, road, or highway, including operation while temporarily stationary because of traffic, a traffic light, or a stop sign.
"Use" or "using" means holding a mobile electronic device while operating a motor vehicle.
(f) Every person who violates this section shall be subject to a fine of $250 that shall be deposited into the state highway fund; provided that if a person violates this section while operating a motor vehicle in a school zone or construction area, as defined in section 291C-104, the fine shall be $300, which shall be paid to the director of finance pursuant to section 291C-171.
(g) Any violation as provided in subsections (a) and (c) shall be deemed to be a traffic infraction as defined in section 291D-2.
(h) This section shall supersede any county ordinance regulating the use or utilization of mobile electronic devices while operating a motor vehicle. [L 2013, c 74, §2; am L 2014, c 175, §2; am L 2015, c 35, §6]
Structure Hawaii Revised Statutes
Title 17. Motor and Other Vehicles
291C-2 Trauma system surcharge.
291C-3 State and county safe routes to school programs; coordinators; grants; reports.
291C-4 Safe routes to school program special fund; establishment.
291C-5 Safe routes to school program surcharge.
291C-11 Provisions of part apply throughout State.
291C-12 Collisions involving death or serious bodily injury.
291C-12.5 Collisions involving substantial bodily injury.
291C-12.6 Collisions involving bodily injury.
291C-13 Collisions involving damage to vehicle or property.
291C-14 Duty to give information and render aid.
291C-15 Duty upon striking unattended vehicle or other property.
291C-16 Immediate notice of collision.
291C-17 Written reports of accidents.
291C-20 Disclosure of traffic collision reports.
291C-21 Provisions of parts III to XIV refer to vehicles upon the highways; exceptions.
291C-23 Obedience to police officers.
291C-24 Persons riding animals or driving animal-drawn vehicles.
291C-25 Persons working on highways; exceptions.
291C-26 Authorized emergency vehicles.
291C-27 Emergency vehicle stopped for emergencies; duty of approaching vehicle.
291C-31 Obedience to and required traffic-control devices.
291C-32 Traffic-control signal legend.
291C-33 Pedestrian-control signals.
291C-35 Lane-direction-control signals.
291C-36 Display of unauthorized signs, signals, or markings.
291C-37 Interference with official traffic-control devices or railroad signs or signals.
291C-38 Longitudinal traffic lane markings.
291C-39 Traffic control devices; uniform standards and specifications.
291C-41 Drive on right side of roadway; exceptions.
291C-42 Passing vehicles proceeding in opposite directions.
291C-43 Overtaking a vehicle or bicycle on the left.
291C-44 When overtaking on the right is permitted.
291C-45 Limitations on overtaking on the left.
291C-46 Further limitation on driving on left of center of roadway.
291C-48 One-way roadways and rotary traffic islands.
291C-49 Driving on roadways laned for traffic.
291C-50 Following too closely.
291C-51 Driving on divided highways.
291C-53 Restrictions on use of controlled-access roadway or highway.
291C-61 Vehicle approaching or entering intersection.
291C-63 Vehicle entering stop or yield intersection.
291C-64 Vehicle entering highway from private road or driveway.
291C-65 Operation of vehicles on approach of authorized emergency vehicles.
291C-71 Pedestrian obedience to traffic-control devices and traffic regulations.
291C-72 Pedestrians' right-of-way in crosswalks.
291C-73 Crossing at other than crosswalks.
291C-74 Drivers to exercise due care.
291C-75 Pedestrians to use right half of crosswalks.
291C-76 Pedestrians on roadways.
291C-77 Pedestrians soliciting rides, business, or attention of motorist.
291C-78 Driving through safety zone prohibited.
291C-79 Pedestrians' right-of-way on sidewalks.
291C-81 Required position and method of turning at intersections.
291C-82 Turning so as to proceed in the opposite direction.
291C-83 Starting parked vehicle.
291C-84 Turning movements and required signals.
291C-85 Signals by hand and arm or signal lamps.
291C-86 Method of giving hand-and-arm signals.
291C-91 Obedience to signal indicating approach of train.
291C-92 All vehicles must stop at certain railroad grade crossings.
291C-93 Certain vehicles must stop at all railroad crossings.
291C-94 Emerging from alley, driveway, or building.
291C-95 Overtaking and passing school bus.
291C-102 Noncompliance with speed limit prohibited.
291C-104 Speeding in a school zone or construction area
291C-106 Speed limit for Daniel K. Inouye highway.
291C-107 Speed limits; factors to consider.
291C-111 Noncompliance with stopping, standing, or parking requirements.
291C-111.5 State highway enforcement program; establishment; annual reports.
291C-113 Ordinances regulating use of vehicles for purposes of human habitation.
291C-114 Parking on sidewalks.
291C-115 Wheel boots prohibited.
291C-121 Unattended motor vehicle.
291C-121.5 Leaving a child unattended in a motor vehicle.
291C-122 Limitations on backing.
291C-123 Driving or parking upon bikeway; parking penalty.
291C-124 Obstruction to driver's view or driving mechanism.
291C-125 Opening and closing vehicle doors.
291C-126 Riding in house trailers.
291C-128 Following emergency vehicle prohibited.
291C-130 Slow moving vehicle emblem required; penalty.
291C-130.5 Dangerous wheels; prohibited.
291C-131 Spilling loads on highways; penalties.
291C-132 Littering from vehicles.
291C-133 Waste material falling from motor vehicles.
291C-134 Neighborhood electric vehicles; speed; restrictions.
291C-134.5 Electric personal assistive mobility devices; restrictions.
291C-135 Tow trucks; signage and insurance requirements.
291C-136 Towing by consent; payment.
291C-137 Mobile electronic devices.
291C-138 Waipio valley access; required four-wheel drive vehicle use.
291C-139 Electric foot scooters.
291C-141 Effect of regulations.
291C-142 Traffic laws apply to persons riding bicycles.
291C-143.5 Low-speed electric bicycles; operator age.
291C-144 Clinging to vehicles.
291C-145 Riding on roadways and bikeways.
291C-147 Lamps and other equipment on bicycles.
291C-148 Driving upon sidewalk.
291C-151 Traffic laws apply to persons operating motorcycles.
291C-152 Riding on motorcycles.
291C-153 Operating motorcycles on roadways laned for traffic.
291C-154 Clinging to other vehicles.
291C-155 Footrests and handlebars.
291C-161 Penalties; photo red light imaging detector system fines.
291C-162 Provisions uniform throughout State.
291C-164 Procedure upon arrest.
291C-165.5 Motor vehicle towing and storage; settlement; disabled vehicles.
291C-167 Summons or citation on illegally parked vehicle.
291C-169 When complaint to be issued.
291C-170 Revocation or suspension of license.
291C-171 Disposition of fines and forfeitures.
291C-171.5 Collection of fines and costs.
291C-172 Refusal to provide identification.
291C-192 Effect of violations; vicarious responsibility; jurisdiction.
291C-193 Traffic laws apply to persons driving mopeds.
291C-194 Driver's license required.
291C-196 Driving mopeds on roadways.
291C-197 Driving mopeds on bicycle lanes and paths.
291C-198 Speed restrictions on mopeds.
291C-199 Clinging to vehicles, bicycles, etc.
291C-200 Use of lamps on mopeds.
291C-201 Renting or selling mopeds.
291C-202 Moped equipment requirements and inspection.
291C-203 Certification of compliance.
291C-204 Defacing serial numbers, etc., of mopeds.
291C-205 Unlawful to possess certain mopeds and moped parts.
291C-206 Modifying moped motor; violation.
291C-207 Moped liability insurance; coverage for damage by rented or leased moped.
291C-221.5 High occupancy vehicle lanes; emergencies.
291C-222 Designation of high occupancy vehicle lane.
291C-222.5 School buses; zipper lanes.
291C-223 Summons or citation for illegal use of high occupancy vehicle lane.
291C-224 Registered owner's responsibility for a summons or citation.
291C-225 Failure to comply with summons or citation.