Question: I’m hoping for some clarification on the Hawaii law that says we cannot use cellphones while driving (I was living on the mainland when this went into effect so I don’t know the details). I’ve asked several people and received different answers. I often rely on my cellphone GPS to direct me to my destination. Are we not allowed to use it for this purpose? Is it legal to mount my cellphone on the front windshield? On a related topic: I thought it was illegal to drive with earbuds/headphones on, but I’ve noticed numerous drivers using them. What is the law with regards to this?
Answer: Your questions are timely, coming during “Distracted Driving Awareness Month,” a national campaign that urges motorists to focus solely on driving. Visual distractions take your eyes off the road, cognitive distractions take your mind off the road and manual distractions take your hands off the steering wheel. Distractions can be dangerous even when a specific behavior isn’t explicitly against the law.
Most of your questions are answered in Hawaii Revised Statutes 291C-137, the 2013 state law that restricts the use of mobile electronic devices while driving. It superseded Honolulu’s 2009 municipal law. Here are some key points:
>> This law prohibits a person from operating a motor vehicle while using a mobile electronic device. Using is defined as holding the device, which means that hands-free use is legal for adults 18 and older.
>> The law prohibits drivers under 18 from hand-held or hands-free use, except to call 911.
>> “Mobile electronic device” is defined as “any handheld or other portable electronic equipment capable of providing wireless 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, 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.”
>> Yes, you may rely on your cellphone’s GPS navigational tool while driving, as long as you don’t hold the phone; you meet the law’s age requirements. “Drivers should input routes and other actions before the vehicle engine is turned on, and should use the GPS routing in hands-free mode,” said Shelly Kunishige, a spokesperson for the state Department of Transportation.
>> The law doesn’t say where to mount a cellphone for legal hands-free use; statewide vehicle inspection rules and Oahu municipal law require the driver to have a clear view through the front windshield. “Cell phone mounts should be positioned so they do not obstruct the (driver’s) view,” Kunishige said.
>> The law doesn’t mention headphones, either, so we again turned to Kunishige. Driving or riding a motor vehicle while wearing headphones is not illegal, she said, but “can hamper your ability to hear emergency sirens and/or potential danger” and are a cognitive distraction.
Roughly 20% of fatal crashes in 2022 involved distraction, she said, and that’s likely an underestimate as distraction is known to be an under-reported factor in crashes.
Mahalo
I want to give a big shout-out to the Roosevelt High School band club and their adviser. A while back I was grocery shopping and to my total surprise a student came up and said that he wanted to pay for my purchase. The band club was doing a community service project and offering to pay for the groceries of random customers. I can’t thank them enough, as well as the band teacher/adviser. We hear too much about crimes and misdeeds every single day so it was so refreshing and hopeful to see students willing to spend time outside of the classroom in service to others and their teacher instilling character-building lessons. I wish all of them blessings tenfold for giving us hope in humanity. — Senior citizen
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Editor’s note: We followed up with Roosevelt’s music director, Gregg K. Abe, who said the school’s orchestra and band students observed National Random Act of Kindness Day on Feb. 17, assisting shoppers like you at the Manoa Safeway. The students regularly perform community service, and recycled aluminum cans and plastic bottles to help fund this particular event.
Write to Kokua Line at Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 7-500, Honolulu, HI 96813; call 808-529-4773; or email kokualine@staradvertiser.com.
