FAQ’s Relating to the Use of
Mobile Electronic Devices
Updated October 15, 2009
Q: What is the law for Operating a Motor Vehicle While Using a Mobile Electronic Device?
A: Section 15-24.23 of the Revised Ordinances of Honolulu prohibits the use of mobile electronic devices while operating a motor vehicle.
Q: What is the purpose of this law?
A: The purpose of this law is to ensure the safety of the drivers, pedestrians, bicyclists, motorcyclists and passengers on Oahu’s roadways.
This law addresses the proliferation of the use of mobile electronic devices while operating a motor vehicle, addressing the risks caused by the distraction of the operator’s attention caused by these devices, which increases the chance of a motor vehicle collision occurring.
This law is also a positive step in educating the public in safe driving habits and
the dangers of dividing the operator’s attention when operating a vehicle on our roadways.
Q: What is a “mobile electronic device”?
A: “Mobile electronic device” refers to any hand-held or other portable electronic equipment capable of providing wireless and/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.
The law does not prohibit the use of audio equipment or any equipment installed in a motor vehicle for the purposes of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of a motor vehicle.
Q: What does “use” or “using” mean under this law?
A: “Use” or “using” means holding a mobile electronic device while operating a motor vehicle.
Q: Does the law ban all mobile electronic devices?
A: The law applies to hand-held devices. Hands-free devices are still allowed.
Q: What is a "hands-free" device?
A: A "hands-free" device may be a wireless or wired connection to your mobile phone which:
- Allows you to answer your phone either through touching a button on the device or voice activating for answering, and
- Does not require the holding of the phone while in use.
Some hands-free devices will allow voice-activated dialing, which is allowed under this ordinance.
Q: Does the law prohibit texting?
A: Yes, it is illegal for drivers to text or engage in other hand-held uses of mobile electronic devices while operating a motor vehicle.
Q: Are devices such as iPods and MP3 players allowed under this law?
A: The answer to this is both yes and no. Audio players such as iPods and MP3 players are allowed when listening to the devices.
A violation occurs when the operator of the motor vehicle holds the device in his/her hand for whatever reason, i.e., changing playlists, adjusting the volume, changing photographs, and watching or shuffling a video. These functions will be defined as “Use” under the ordinance and therefore is a violation.
Remember, the ultimate purpose of this ordinance is for the safety of all users of
Oahu’s roadways, and to address the distractions caused by mobile electronic devices. Users of such
audio devices should also be aware of the difficulty of hearing the approach of emergency vehicles.
Q: May I make a call on my phone while stopped in traffic?
A: No.
Q. May I pull over to the shoulder of the freeway (H-1, H-2, H-3) to use or answer my cellular phone?
A. The use of the shoulder on the freeway for a non-emergency such as using a mobile electronic device is prohibited under the Revised Ordinances of Honolulu, under Section 15-4.1, Prohibited Parking – No signs required (a)(21) On ramps connecting ramps/roads, loops, over/underpasses of federal aid highways and (a)(22) On roadway portion of freeway/median/shoulder except in emergencies. (Added 7-29-2009)
Q: What if I need to use my phone in an emergency, but I don’t have a hands-free device?
A: The law exempts the use of cellular phones for emergency 911 calls.
Q: What is the fine for this offense?
A: $97 for the first offense (Effective October 1, 2009)
Q: Does the law apply to out-of-state drivers?
A: Yes.
Q: Are passengers affected by this law?
A: No, only the driver of the vehicle.
Q: When did the law take effect?
A: The law went into effect on July 1, 2009.
External link:
http://www.honolulu.gov/refs/roh/15a21_27.htm
Scroll down to Sec. 15-24.23
