R U 4 Real?

The City Council will discuss legislation today that would make it illegal to text message or play video games while driving. If passed, it would be the first law in the state to ban some use of mobile phones while driving.

OMG!

The bill would not outlaw talking on a mobile phone while driving, but the bill's author, Councilman Charles K. Djou, said he would gladly change the language to include talking if it would not hinder the bill's chances of passing.

Previous attempts to pass such legislation have failed. The City Council in 2002 tried to ban talking on a cell phone while driving, and variations on that theme did not pass the state Legislature in 2005 and 2007.

The council's Transportation and Public Works Committee today will consider the ban on text messaging and playing video games while driving. The bill passed first reading Nov. 12.

"Text messaging and mobile e-mailing has become a popular phenomenon in our community, but it is something that shouldn't happen while driving. I want to do something that has a chance at passing and it's a good first step," Djou said.

The proposed ban is nearly identical to legislation passed by the state of California and by several cities, including Phoenix and Detroit.

The Honolulu bill would ban writing, sending or reading text-based communication while driving, including text messaging, instant messaging and e-mail.

Gov. Linda Lingle's administration tried last year to ban those with driver's permits, traditionally young adults and other first-time drivers, from talking on a cell phone or using a hand-held device while driving, but that bill failed.

"We would support measures that improve safety on our roads and lessen the distractions for drivers," said Brennon T. Morioka, director of the state Department of Transportation. "People need to be more attentive when driving."

Djou said he recognizes that some people may argue that they can safely drive while talking on a cell phone because they can see the road, but he said there is no way anyone can send a text message or play a video game and still safely drive a car.

He cited a recent accident near the Makapu'u Lighthouse caused by a driver who was allegedly text messaging a friend, and the recent suspension of a city bus driver who was filmed by a passenger playing on a Sony PSP while driving a bus.

POLICE TO TESTIFY

Some City Council members said the legislation may be needed and welcomed a discussion, but they first want to hear from the Honolulu Police Department about how the ban would be enforced, especially on state roads where a city ordinance carries no force of law.

Michelle Yu, public information officer for the police department, did not respond to two requests for comment on the proposed ban.

Police representatives are scheduled to testify today before the council.

"This might be better discussed at the state level but I'm willing to listen to see how this would be enforced only on county roadways," said Nestor R. Garcia, chairman of the City Council's Transportation and Public Works Committee.

"We'll see what the police department and the prosecutor have to say. It doesn't have the kind of bite you would think this would have. Typically, issues like this would be handled by the state."

TREND ELSEWHERE

Council chairman Todd K. Apo said the discussion is worth having but that he hopes people have enough sense to already understand the dangers of text messaging or playing video games while driving.

"It hasn't been successful (here) in the past, but there is a little bit of a trend in other states and other countries toward doing this (passing laws) and I'm interested in the discussion," Apo said.

State legislation restricting the use of mobile phones while driving has died every time it has been proposed.

A 2005 measure would have prohibited use of a cell phone while driving unless the motorist uses a hands-free device. Violators would have been fined $200. Exemptions would have been made for safety and medical emergencies.

The bill stalled in the Senate Judiciary Committee.

Last year, House Bill 156 sought to do the same thing as the 2005 bill, but that measure also died in committee.

"I personally believe the time has come for the Legislature to look at this. If we can prevent one accident or two accidents, that is something we should work toward," said state Senate president Colleen Hanabusa, D-21st (Nanakuli, Makaha). "The problem we have to address is the texting. When I try to do it at my desk, it's difficult. We can't have that when people are driving."