Kokua Line
Kokua Line
Pets are not allowed
on drivers’ lapsQuestion: I again recently observed a driver with a pet dog in his lap. I see a lot of things wrong with this picture, especially since he was trying to negotiate a left turn at a busy intersection. This scenario is almost as bad as the driver using a cell phone and taking drags on a cigarette. Can a driver be cited for driving with a pet in his/her lap? There are laws for infants and children to be restrained, but what about animals?
Answer: Having Fido on your lap while driving is a no-no, as can be talking on the cell phone while puffing away on a cigarette. It all has to do with control of the vehicle -- or the lack of control -- rather than restraint of the animal.
As spelled out in Hawaii Revised Statutes 291C-124(b) (obstruction to driver's view or driving mechanism): "While operating a motor vehicle, no person shall hold in the person's lap, or allow to be in the driver's immediate area, any person, animal, or object which interferes with the driver's control over the driving mechanism of the vehicle."
A driver is not supposed to be doing anything that "does not allow the driver to conduct a vehicle in a safe way," explained Honolulu police Detective Letha DeCaires, more familiarly known as the coordinator of the CrimeStoppers program. That could include holding a dog or child, fiddling with the radio or CD player, talking on a cell phone, reading the newspaper, eating, putting on makeup or even conversing with others in the car.
DeCaires remembers when she was a patrol officer citing a driver for watching TV -- in front of him while driving.
The point, she said, is that there shouldn't be anything distracting the driver.
"You've got several thousand pounds of a vehicle that can cause imminent harm," she said. "The responsibility of the driver is to pay attention" to driving.
However, DeCaires said a citation for this kind of infraction is generally given in combination with another violation, such as erratic lane changes or some other "precipitating factor" that would cause a police officer to notice a vehicle.
Still, wisdom would dictate that "you shouldn't be driving down the street with a dog in your lap," she said.
Inattention to driving can result in a maximum $500 fine and/or 30 days in jail.
Q: What sections of the state laws refer to the state traffic code? Which section covers the driving requirement that both hands be on the wheel unless making a signal for a turn?
A: State laws that relate to driving are included in Sections 249, 286, 287, 288, 289, 290, 291, 291C and 431 of the Hawaii Revised Statutes.
There is no state or federal law requiring both hands on the wheel, although in driver education classes students are instructed to keep two hands on the wheel at all times, according to state transportation officials.
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