LIHU‘E — First-term Councilman Derek Kawakami intends to introduce a bill in coming weeks that would make it illegal for Kaua‘i drivers to use handheld electronic devices when behind the wheel. The bill, which is currently being reviewed by the
LIHU‘E — First-term Councilman Derek Kawakami intends to introduce a bill in coming weeks that would make it illegal for Kaua‘i drivers to use handheld electronic devices when behind the wheel.
The bill, which is currently being reviewed by the Office of the County Attorney and could be introduced to the Kaua‘i County Council as soon as next month, is based on similar bans in the City and County of Honolulu and the Big Island, Kawakami said Monday.
Kawakami, who said public safety is his No. 1 priority as an elected official and that he has worked with Kaua‘i Police Chief Darryl Perry on the legislation, is the chair of the council’s Public Safety/Energy/Inter-governmental Relations Committee.
The bill would amend Chapter 16, Article 20 of the County Code — the traffic code — by adding a new section stating that “no person shall operate a motor vehicle while using a mobile electronic device, unless used with a hands-free device.”
Emergency 911 calls will be allowed, the proposed ordinance says, and emergency responders, drivers using two-way radios for work-related duties and drivers with amateur radio operator licenses issued by the Federal Communications Commission will be exempted.
The bill defines “mobile electronic device” to include cell phones, text messaging devices, pagers, digital assistants, laptop computers, video games and cameras, but does not include audio equipment or navigation systems, or any video systems for passengers in the rear seats.
Those found to be in violation would be subject to a maximum fine of $50.
Kawakami said he wanted to keep the fine amount relatively low because residents are currently in tough economic times and because many of those who will be impacted are young drivers, including many teenagers.
Honolulu’s already-in-effect ban has a maximum fine of $67 for the first offense, and the Big Island’s ordinance, which passed earlier this year and goes into effect in January, will charge up to $150 for each violation and up to $500 if the device causes a crash.
Maui is also currently considering a bill that would go into effect in January, Kawakami said.
He said he remains unsure if the bill should include provisions allowing hands-free devices like Bluetooth headsets and defining “use or using” as holding banned devices because he believes danger comes not only from drivers removing their hands from the steering wheel but also from them dividing their attention between driving and other distractions.
He cited applying makeup and eating as other dangerous activities that should not be done while driving. Some studies have gone so far as to imply that text messaging while driving can be even more dangerous than driving under the influence of alcohol.
Kawakami said Kauaians might be surprised to see the proposal coming from him as he is one of the council’s youngest members at 32 and is probably seen by the public as among the most likely to be using an electronic device while driving. He said he gauged friends’ reactions to the idea when considering whether or not to move forward with the legislation.
If passed, the ordinance would take effect three months after its approval, potentially putting it on track for early 2010.
