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The Honolulu Advertiser
Posted on: Tuesday, June 30, 2009

Last warning: Cell phone ban kicks in tomorrow


By Dan Nakaso
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

A freeway message board at the Liliha Street overpass spreads the word about the new cell phone law.

Photos by KENT NISHIMURA | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

A woman talks on her cell phone while driving along the A'ala Street freeway overpass. Starting tomorrow, use of most hand-held devices by drivers will be illegal.

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Hawaii news photo - The Honolulu Advertiser
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Hawaii news photo - The Honolulu Advertiser
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Sixteen-year-old Mikhail Han represents a new generation of O'ahu drivers who — beginning tomorrow — will grow up on an island where holding a cell phone will no longer be allowed behind the wheel.

Han, of Niu Valley, is still fine-tuning his skills with a learner's permit. But he's already obeying an authority much higher than the new rule of law in Honolulu.

"I started off driving without a cell phone," Han said yesterday. "In the car, that's Mom's law. So it won't be hard for me because I grew up without talking on the phone" while driving.

A month ago, dozens of O'ahu drivers said they were still confused about the details of the law, such as the penalty ($67), when it goes into effect (tomorrow) and what will be banned (generally, any electronic device that's held while driving).

Yesterday, an equal number of drivers said they were now up to speed on the penalties and rules. They've either purchased hands-free, cell phone equipment or were willing to give up texting and talking on a cell phone altogether while driving.

"It's a law that was passed for a good reason," said Alohalani Castro of Mililani. "Answering the phone is just a distraction."

Driving while talking with so-called "hands-free technology," such as Bluetooth headsets, will still be legal.

Or — as Han interprets the law — "You can drive with a headset but you can't drive with your phone on your ear."

Ivan Whitworth, 33, of Kailua, summed up the gist of the law succinctly: "No calls, no texts, no e-mail checking. You can use a hands-free device."

EXCEPTIONS

Honolulu police tomorrow plan to immediately cite drivers they see holding any electronic device, including video games, PDAs and cell phones, police Maj. Clayton Kau said yesterday.

There are exceptions:

  • Those who pull over to the side of the road to make or receive a call must have their engines off in order to be legal.

  • Legal calls include emergency 911 calls — and walkie-talkie-type conversations that are work related.

    But patrol officers who see a driver with a cell phone in hand won't know the difference between a legal use and an illegal one. So it will be up to each cited driver to prove their innocence before a judge, Kau said.

    Several drivers yesterday said they have been educated in the last few weeks through media reports and a campaign by the Honolulu Police Department, which has distributed brochures to schools and other groups, has a page devoted to the law on its Web site — http://honolulupd.org/traffic/electronic_devices.htm — and has worked with the state Department of Transportation to remind drivers through electronic billboards on O'ahu freeways and highways.

    "This was a pretty extensive educational program, especially when it comes to introducing a new law," Kau said. "It's really helped us get out the message."

    SOME ARE CONFUSED

    In the weeks since HPD officials held the first of two press conferences on the change, the conversation has turned from general ignorance to general support.

    "I've heard more of the positive lately, where people are saying they're glad there is a law to address cell phones," Kau said.

    Certainly, some people remained confused yesterday.

    "Honestly, I don't really know too much about it," said Shanelle Lum, 27, of Hawai'i Kai.

    But much of the conversation over the law yesterday had already turned to how badly drivers like 21-year-old Duncan Osorio, of Palolo Valley, really need to talk on the phone when they should be focusing on the road.

    "I realized I'm not a very good driver with the phone in my hand," Osorio said. "I guess I just don't need to be on the phone that bad."

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