Ban on Using Handheld Devices While Driving

No person shall operate a motor vehicle while using a mobile electronic device.The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this Section.The following persons shall be exempt from the provisions of Subsection (a) of this Section:Emergency responders using a mobile electronic device while in the performance and scope of their official duties; andDrivers possessing a valid amateur radio operator license issued by the Federal Communications Commission and using a half duplex two-way radio.As used in this section:"Emergency responders" include firefighters, emergency medical service technicians, mobile intensive care technicians, civil defense workers, police officers, and Federal and State law enforcement officers."Mobile electronic device" means any hand-held or other portable electronic equipment recognized by the citing officer or other witness to be capable of providing wireless and/or data communication between two (2) 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. A "two-way radio" or "private land mobile radio system" as defined by Title 47 of the Code of Federal Regulations, Part 90, when used for business purposes, shall not be considered to be a "mobile electronic device.""Operate a motor vehicle" means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway."Use or using" means holding a mobile electronic device while operating a motor vehicle.Any person convicted or found liable of violating any provisions of this Section shall be subject to a maximum fine of fifty dollars ($50.00).Any person convicted or found liable of violating any provisions of this Section while operating a motor vehicle in a school zone or construction area as defined in HRS Section 291C-104 shall be subject to a maximum fine of one hundred dollars ($100.00).