At least the cops has a problem with this one. But how on earth can you differentiate texting or if you are just dialing your phone? If the legislators will go for it, then they might as well ban cell-phone use while driving!

Text-messaging ban while driving goes forward despite enforcement concerns


A City Council committee today advanced a bill that would ban text messaging while driving, despite concerns from police and prosecutors about the proposal’s scope and the difficulty of enforcing it.

The council's Transportation and Public Works Committee considered the ban, which also covers playing video games while driving. If passed, it would be the first law in the state to ban some use of mobile phones while driving.
The bill would ban writing, sending or reading text-based communication while driving, including text messaging, instant messaging and e-mail.
Honolulu police Maj. Thomas T. Nitta said the department neither supports nor opposes the proposed legislation, but said it would be difficult for officers to differentiate between a driver dialing a phone number and a driver sending a text or e-mail.
“Anything that can distract you from driving we consider hazardous,” said Nitta, speaking before the council committee. “We would have a hard time enforcing this law.”
Honolulu police would be able to enforce the law on all O‘ahu roads, county or state, said Nitta.
The proposed ban is similar to legislation passed by the state of California and by several cities, including Phoenix and Detroit. It will go back to the full council for more discussion and a public hearing will be scheduled.
Lori Nishimura, a city deputy prosecuting attorney, said the wording of the proposed bill is very specific, raising the burden of proof for prosecutors and police. Nishimura said the state statute governing reckless driving already is broad enough to encompass all reckless activity that a reasonable person would not engage in.
“We’re in complete agreement that people should not be texting while driving. It’s a distraction that is a bad idea,” said Nishimura, speaking before the committee. “That being said, when we reviewed the bill we had some concerns about enforcement.”
The council also discussed language that would exempt emergency service personnel and commercial truck drivers from the text-message ban.
Gareth K. Sakakida, managing director of The Hawaii Transportation Association, said the HTA supports the intent of the bill but would like the council to consider language that would exempt commercial truck drivers and other commercial transport operators.
“The driver of a car has the opportunity to pull over to the side of the road to receive communications,” said Sakakida. “It’s not easy (for truck drivers). When a company sends a text message, they would like the driver to acknowledge receipt.”
The bill would not outlaw talking on a mobile phone while driving, but the bill's author, Councilman Charles K. Djou, said he would gladly change the language if there was enough consensus on the council to do so without risking the bill’s chance of passing.
Previous attempts to pass such legislation have failed.
“This is legislation that has been adopted in numerous states around the country. I understand the difficulties with enforcement but I think it is important that this council make a clear public policy statement and I think the overwhelming majority of citizens will obey the law, regardless of whether the police enforce it,” said Djou. “I think it’s needed and I think the community recognizes that text messaging and video game playing while driving is unacceptable.”
The City Council in 2002 tried to ban talking on a cell phone while driving, and variations on that bill failed at the state Legislature in 2005 and 2007.
State legislation restricting the use of mobile phones while driving has died every time it has been proposed.
A 2005 measure would have prohibited use of a cell phone while driving unless the motorist used a hands-free device. Violators would have been fined $200. Exemptions would have been made for safety and medical emergencies.
The bill stalled in the Senate Judiciary Committee.
Last year, House Bill 156 sought to do the same thing as the 2005 bill, but that measure also died in committee.

November 20, 2008
BY PETER BOYLAN
Advertiser Staff Writer

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The big question is enforcement and why the hell do truck drivers get exemtion, tractor trailer swerving because of the driver texting is far worse than a car.

 

I'm all for these measures. Really, when people are piloting their 2500+ pound vehicles down public roads, they need to have their attention on the road. Particularly in the high-density traffic situations we have here. The same applies to making regular calls, but at least it takes less concentration to talk than type and you can keep your eyes on the road while you do it. It is unfortunate that this kind of prudence isn't simply expected and taken seriously by people as a whole.

 

Agreed.

Texting while driving is just plain stupid. Using a cel phone w/out a hands free feature while driving is stupid too. 9 times out of 10 when someone is driving strangely (speeding up and slowing down, having trouble staying in their lane) the driver is on a cel phone.

 

or painting their face... or eating... or painting and eating and steering with their knees.. I actually pulled up on a driver who was doing exactly that 2 days ago in the morning traffic.. she was driving on the fast lane.. going fast then slow.. fast and slow.. with total disregard for drivers behind her.

 

they might as well ban "changing CDs" or "lighting a cigarette" too. both events can be a distraction, because for a spilt second, your full attention is not directed to the road. That split second can be very crucial... yea, you can call me ignorant, but all these road laws in hawaii are really non sense, i.e. recon and safety check especially... why doesn't the committee focus more of their attention to drunk drivers, crack heads and domestic violence.

 

Pretty much 95% of the time I see someone do something stupid they are talking on their cell phone while doing it.

So yeah I support this AND a cell phone while driving ban.

Moreso...I am in favor of making it MUCH HARDER to get a driver's license. Like what you have to do to get one in Europe.

 

Yes to everything you said. Last week's Top Gear show what the Finnish have to go through to get their licenses. It's pretty impressive.
As for the cell phone use, we were able to drive without cell phones ten years ago, why can't people drive without them now? Chances are, unless you are rescue services, there isn't anything that can't wait until you get to where you are going.