Cell phone ban
faces skepticism
on Council

The measure would prohibit
drivers from using wireless phones

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By Leila Fujimori
lfujimori@starbulletin.com

A bill to ban cell phone use while driving has run into static on the City Council.

At least three Council members questioned the bill proposed by Councilman John Henry Felix and heard in the Transportation Committee Wednesday.

The measure would prohibit wireless phone use while a person is driving unless it is either in a cradle, being used to call 911 or being used by emergency personnel such as police officers or ambulance drivers.

Councilman Steve Holmes calls the bill flawed because it does not recognize common hands-free options, such as an earpiece connecting the phone with a cord, or newer technology allowing an earpiece to be connected wirelessly.

Besides, Holmes said, "How far do we go in terms of controlling behavior ... with legislative measures?"

While campaign sign-waving in the past, Holmes has noticed people engaged in other distracting activities while driving: men shaving, women putting on lipstick and mascara, people drinking coffee and eating hamburgers.

Councilman Duke Bainum said the bill faces a number of hurdles including whether such an ordinance could be enforced on city roads but not on state roadways.

Councilman Romy Cachola said the matter is a statewide issue.

A ban only on Oahu might confuse visitors traveling to neighbor islands, and the policy should be left up to state legislators, he said.

Felix said his intent on introducing the bill was "simply in the interest of public safety," since the state Legislature failed to pass such a bill. He said 43 states are considering similar legislation.

Although the Honolulu Police Department takes no position on the bill, Sgt. Robert Lung of the Traffic Division said the ordinance would be difficult to enforce since people could claim they were making a 911 call.

The bill would also be redundant since a state law against inattention to driving and reckless driving is already on the books, Lung said.

But he said courts would accept inattention to driving only if the driver was involved in a crash.

Public reception to the bill was mixed.

For government to limit cell phone use is "overstepping their bounds," said Cory Brummel, 22.

Carol Gaucher, 55, supports a ban, saying, "They're a distraction, and with our traffic, we can't allow any more distractions."

Although she uses a cell phone while driving, Jenny Fujiwara, 47, said, "I think people should be able to receive calls but not make calls."

Cell phone companies have lobbied against the bill, saying the state already prohibits inattentive driving and targets phone users.

Transportation Chairman Sen. Cal Kawamoto (D, Waipahu-Pearl City) failed again to get a similar law passed in the state Legislature.

"It's been my experience in the last three years, there's going to be no one calling for a cell phone ban," Kawamoto said.

Last June, New York became the first state to pass a law banning the use of cell phones while driving.

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City & County of Honolulu