Bill would bar viewing mobile devices while crossing street

Pedestrians caught looking at mobile electronic devices, including cellphones, while crossing the street could be fined under a bill before the Honolulu City Council. But the amount pedestrians could be fined is still up for debate.

The Council was scheduled to take a final vote Wednesday on Bill 6 but deferred action to next month due to concerns over the proposed fines and other issues.

Under the bill, introduced by Councilman Brandon Elefante, pedestrians would be prohibited from viewing mobile electronic devices, defined as any hand-held or portable equipment capable of providing wireless or data communication, such as pagers, laptop computers and video games, while crossing a street or highway.

Viewing is defined as “looking in the direction of the screen” of a mobile device. The measure would exempt emergency responders conducting official duties and people calling 911.

Pedestrians could faces fines of between $15 and $100 for the first offense, $15 and $200 for the second offense within a year after the first one, and $15 and $500 for the third or subsequent offenses within one year of the first offense.

Elefante, chairman of the Public Health, Safety and Welfare Committee, said he introduced the bill after hearing community concerns about the dangers that distracted pedestrians pose.

“The increasing use of electronic devices can be incredibly distracting,” he said Wednesday. “This is part of a discouraging activity while crossing the street that takes your attention away from vehicular movements.”

But at Wednesday’s meeting, Councilman Trevor Ozawa raised legal concerns that the bill included “vague and ambiguous language.” The city Department of the Corporation Counsel said it had no issues with the measure’s legality.

Ozawa also proposed that fines be capped at no more than $100 for each offense and that video devices also be exempted from the bill. A motion to include Ozawa’s amendments in the bill passed with a 5-4 vote.

“I think people will be educated through a $15 fee as well,” Ozawa said. “But a $500 fine is a totally different story.”

Council Chairman Ron Menor said the bill would be scheduled for a final vote next month.

Elefante said Thursday that he is open to looking at lowering the proposed fines. Although higher fines could be a “strong deterrent,” he said if the bill becomes law, there should be education first rather then police fining pedestrians immediately.

Opponents of the bill have maintained that the measure would have minimal impact in improving pedestrian safety, and questioned if and how it would be enforced.

“I believe (the bill) is a distraction to the efforts to keep our streets safer for pedestrians,” said resident Sean Ishii in written testimony. “Slowing down vehicles, increasing visibility, and reducing pedestrian/vehicle interaction would have a real benefit for limiting pedestrian death and injury.”

But the bill has generated support from the Honolulu Police Department and students from Waipahu and Aiea high schools.

“When a pedestrian commits a hazardous act, it can endanger motorists and other pedestrians as well,” said Capt. Thomas Taflinger of the Traffic Division. “(HPD) believes that pedestrian and traffic safety are shared responsibilities requiring a collaborative effort.”