I introduced legislation to outlaw text messaging and video game playing while operating a motor vehicle. This is simple common sense; text messaging and video gaming are incompatible with safe driving. My proposal, however, has generated a number of questions that I'd like to address.

Question: Do we need this ban?

Answer: Yes. Five years ago hardly anyone text messaged and the popular Nintendo DS and Sony PSP handheld video game consoles had yet to be invented. Today, most teenagers consider sending 200 or 300 text messages a day commonplace; and the market for handheld video games has grown considerably.

Driving and “;texting”; or playing a video game simply wasn't a problem just a few years ago. Today text messaging and handheld video games have become increasingly popular, and unfortunately their popularity has spread to the point where some people will conduct these activities while driving. But there is no safe way to drive a motor vehicle and text message or play a video game. Rather than allow it to become a “;normal and acceptable”; practice to send text messages or play video games while driving, it is time that we bring our laws into the 21st century and address this problem.

Q: Why single out text messaging and video game playing? Aren't there numerous other things that people do while driving that are dangerous?

A: Anything that takes a driver's attention away from the road is dangerous. Text messaging and video game playing, however, are particularly dangerous. While some people can make the argument that they can keep their eyes on the road while talking on a cell phone or eating a burger, there is no way anyone can send a text message or play a video game without taking their eyes off the road. As a result, these two activities are especially dangerous.

Q: Why not ban driving and talking on a cell phone, too?

A: While there is certainly merit to discussing a possible ban on driving and talking on a cell phone without a “;hands-free”; device, the City Council and state Legislature have examined a ban on cell phones while driving numerous times over the past several years and such proposals have never passed.

Q: Has text messaging or playing a video game while driving been a problem?

A: Unfortunately, this is an increasing problem in our community. More and more accidents are occurring because drivers are engaging in text messaging or playing a video game. Just last month a city bus driver was photographed, ironically by a bus passenger using a cell-phone camera, playing a video game while operating a city bus. Amazingly, because there is currently no legal prohibition, this bus driver's actions were not a violation of any state or county law.

Q: Doesn't the reckless driving statute already cover this sort of behavior?

A: The current law against reckless driving is insufficient to cover text messaging or video game playing while driving. The courts have set a high standard of outrageous behavior for a driver to be found guilty of reckless driving; and text messaging or video game playing while driving likely would not be enough to be considered reckless driving under the existing interpretation of the law.

Q: Does this ban apply only to county roads?

A: No. If enacted, this legislation would be enforceable on all county roads and state highways.

Q: Isn't this ban difficult to enforce?

A: Difficulty in enforcement should not be an excuse for failure to pass sensible legislation. The state of California and multiple cities across the country, including Phoenix and Detroit, have adopted similar legislation.

That a law might be difficult to enforce does not mean that it should not be codified as law. Passage of a ban on text messaging while driving sends a clear message that such behavior is incompatible with safe driving and should not be condoned.

I believe the overwhelming majority of Hawaii's residents comply with the law. If voluntary compliance with the proposed legislation alone reduced the number of accidents on our streets by just 10 percent, this legislation would be worthwhile.

Q: What's next?

A: Bill 67, my proposed text messaging ban, goes for a second reading before the City Council on Wednesday. It will then likely have another committee hearing on Jan. 8 and, assuming everything goes smoothly, a final reading on Jan. 28. If my bill passes the City Council on final reading it goes to the mayor for signature and could become law by early February.