A bill before the Honolulu City Council would prohibit pedestrians from using mobile electronic devices, including cellphones, while crossing a street or highway.
Councilman Brandon Elefante said he introduced Bill 6 after a community member expressed concern over the dangers of pedestrians crossing the street while distracted by mobile devices. The Council’s Public Health, Safety and Welfare Committee is scheduled to discuss the measure at today’s meeting, which begins at 9 a.m. at Honolulu Hale.
“It’s (traffic safety) a shared responsibility of all modes of transportation,” said Elefante, who heads the committee. “It is my hope that with something like this proposal, it can encourage people to be more cognizant of their surroundings.”
Fines would range between $15 and $100 for the first offense, $15 and $200 for the second offense committed within one year after the first offense, and $15 and $500 for the third or subsequent offenses within one year of the first offense.
The city’s existing law prohibits anyone from operating a motor vehicle while using a mobile electronic device, which is defined as any hand-held or portable equipment capable of providing wireless or data communication, including a cellphone, pager, laptop computer or video game. But the law allows exemptions, including for drivers calling 911 and for emergency responders performing official duties.
The ordinance defines “using” as holding the device. Elefante said he plans to introduce a proposal at the meeting that would further amend the definition to state that the pedestrian must be looking in the direction of the device while crossing a street for it to be considered a violation.
The Honolulu Police Department supports the bill, but spokeswoman Michelle Yu did not provide further comment. HPD issued 10,464 citations for mobile electronic device violations last year.
Hawaii ranked as the 15th most dangerous state for pedestrians of all ages from 2010 to 2014 and the most dangerous for senior citizens during that period, according to data from the National Highway Traffic Safety Administration. Nationally, the number of pedestrians killed while using cellphones increased to nearly 4 percent of pedestrian fatalities in 2010 from less than 1 percent in 2004, according to a 2015 report by the Governors Highway Safety Association.
Lance Rae, who manages the state Department of Transportation’s Walk Wise Hawaii campaign, told the Honolulu Star-Advertiser that there are “a lot of distracted pedestrians out there that have a false sense of security in a crosswalk,” adding, “We discourage any activity while in a crosswalk that takes your eyes away from vehicular movement.”
In 2011 the Council took up a similar bill, but the measure did not pass. Elefante said his bill has the potential to gain more traction due to recent advancements in technology and more reliance on mobile devices.
The state Legislature also considered a similar bill last year, but it did not pass. Supporters had said the measure would help reduce pedestrian fatalities, but critics had said it was too broad and questioned how it would be enforced.
At that time, state Rep. Matt LoPresti (D, Ewa Villages-Ocean Pointe-Ewa Beach) had expressed concerns with the bill; he said Monday that he is not supportive of legislation that would fine pedestrians who use mobile electronic devices while crossing streets. He pointed out that some pedestrians need to look at their phones for directions.
“When you’re driving, you’re in a massive hunk of steel hurtling down a highway or street. That is not the same thing as moving your two feet down the street,” LoPresti said. “It’s (Council bill) well intentioned, (but) I don’t think we can or should try to legislate common sense.”
