Drivers now allowed to use phones while engine is off

Question: Whatever happened to proposed changes in state law on the use of cellphones while driving?

Answer: As of July 1 under an amended law, drivers are now able to use their mobile electronic devices while their vehicles are at a complete stop, out of traffic and the engine is off.

"We made necessary changes to a law that will better serve the public and ultimately remind people to not text or use the phone while driving, which in the end can save lives,"said Sen. J. Kalani English (D, East Maui-Upcountry Maui-Molokai-Lanai-Kahoolawe), one of the lawmakers who pushed for amendments at this year’s Legislature.

The changes were needed to address typical situations in Hawaii, he said.

"Someone who may be lost and needs to pull up a map on their phone for directions can pull over into a safe location with the engine off and use their mobile device," he said. "Another example is if someone is stuck in traffic and needs to call work to inform their boss of being late. Once pulled over in a safe zone with the engine off, they can use their mobile device to call into work."

HPDMaj. Kurt Kendro said there are no significant enforcement changes with the amended distracted driving law. The original statewide ban on electronic devices, also known as Act 74, went into effect in July 2013.

"The law needed clarity in the way it was being enforced by police and each alleged violation was clogging up an already backlogged court system,"English said.

Other changes to the ban include deeming a violation to be a traffic infraction, changing the penalties for infractions and amending the definition of "operate."

According to English, by making violations traffic infractions, motorists are now able to mail in fines instead of making previously required court visits, which the Legislature received many complaints about.

Violators will be fined a flat rate of $250. If violators are in a school zone or construction area, they will be fined $300. Previously, the amount violators had to pay, along with other penalties, was determined by the number of violations and how long had passed between each one.

Lt. Ricky Uedoi said that with the increase in fines, the Maui Police Department hopes to see a decrease in people using a mobile electronic device while driving.

Also under the changes, "operate" means to "drive or assume physical control of the vehicle upon a public way, street, road or highway, including operation while temporarily stationary because of traffic, a traffic light, or a stop sign."

Kendro said there’s no way to know for certain how many crashes are caused by distracted drivers.

"When investigating a crash, the officer must work with the statements provided by drivers at the time the crash is reported," he said, adding that drivers rarely admit to being distracted by a mobile electronic device for fear of being found at fault and having their insurance rates increase. "Unless a witness observes the driver using a device, the driver admits to using a device, or the officer sees a driver using a device, it is almost never listed as the cause of a crash."

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This update was written by Noelle Fujii. Suggest a topic for “Whatever Happened To…” by writing Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 7-210, Honolulu 96813; call 529-4747; or email cityeditors@staradvertiser.com.