Starting July 1, Oahu drivers caught holding a cell phone or any other electronic device will be issued a $67 ticket.
“There is no plan to specifically enforce it,” said Maj. Thomas Nitta of HPD’s Traffic Division. “It will be basically what we call an on-view violation. If the officer happens to observe it, then the person will be cited.”
The only way drivers can legally use a cell phone after June 30 is by using a hands-free device, such as a blue tooth.
However the law provides exemptions for 911 calls as well as emergency workers. Drivers using two-way radios for work also have an out. But don't expect much sympathy from police officers if you're caught using the push-to-talk feature on your cell phone.
Maj. Nitta explained officers would not be responsible for determining whether a driver was using the walkie-talkie feature on a cell phone for official work-related business.
"The person will be cited from what we observe,” said Nitta. “Then it's going to be up to you to inform the judge that you were utilizing (it) for business purposes.”
Drivers caught holding a cell phone more than once within a one year period could face an additional fine up to $500. The exact amount would be decided by a judge.
Nitta said the cell phone citation would be listed as a non-moving violation and drivers could not lose their licenses regardless of the number of tickets they receive.
“Use is considered anytime you have something in your hand, which you will do for dialing, texting or things like that,” said Nitta. “So as long as you have the device within your hand it will be considered a violation.”
The new city ordinance was signed last month by Mayor Mufi Hannemann after being passed by the Honolulu City Council. Council members cited safety as the main reason for banning the use of hand-held electronic devices.
However research has shown drivers who utilize hands-free devices are just as likely to become distracted. It’s a phenomenon known as inattentive blindness.
Prof. David Stayer, a psychologist at the University of Utah, used a driving simulator to observe drivers who held a cell phone to their ear and those who used hands-free devices. He found there was no measurable difference in reaction time between the two groups.
“In fact to the thousandth of a second the brake reaction times are the same - so we're not seeing any safety advantage. The research has shown it's not the fact that your hands are not on the wheel, it's that your mind isn't on the road.”
Strayer’s research found drivers who converse with a passenger were at less risk of a crash then those using a cell phone. He said that was likely due to the fact that passengers can alert drivers of obstacles on the road and were likely to break-off a conversation if they saw it was affecting a person’s ability to safely operate the vehicle.
And while holding a cell phone in your car will soon be illegal in Honolulu, drivers cannot be cited for putting on makeup or eating a cheeseburger. Nitta explained Hawaii’s inattention to driving statute can only be used if there’s a crash.
“Inattention for driving is there on the statutes but there's a higher level of proof,” said the police major. Due to certain court rulings, right now in order to cite someone you need a collision.”
Honolulu police will use the weeks leading up to the hand-held cell phone ban to educate drivers about the new law. The department has printed posters and brochures and created a FAQ page on its website at HPD.org/traffic.
“We have officers going to the neighborhood board meetings; we have brochures that we are passing out (and) we have also talked to the car rental agencies,” added Nitta.
The Hawaii County Council is currently proposing its own cell phone ban that mirrors the Honolulu law. Members have yet to vote on the measure, which was introduced by Councilman Pete Hoffmann.
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