“It is important that the public understand the requirements of the law,” Molina said. “The law prohibits drivers from using, which means holding in the driver’s hand any mobile electronic devices, including cell phones, while driving. The use of hands-free devices is permitted by most drivers; however, drivers who hold an instructional permit or a provisional license, usually our youngest and most inexperienced drivers, are not only prohibited from using a mobile electronic device while driving, but are further prohibited from using any hands-free devices. The penalties include a maximum fine of $100 for the first offense, and a maximum fine of $250 for a second or subsequent conviction,” Molina explained.
“There are some exceptions to the law,” Molina stated. “Those who are exempted from the law include emergency responders using a mobile electronic device while in the performance and scope of their official duties; drivers using two-way radios while in the performance and scope of their work-related duties, and who are operating a fleet vehicle or possess a commercial driver’s license or permit; and drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.”
“I would like to point out that because Maui County is the last County to enact this type of prohibition, we have had the unique opportunity to assess the effectiveness of the ordinances enacted in the other three counties. I believe this has resulted in a better law. We’ve been able to address enforcement issues raised by the Maui Department of Police and the Department of the Prosecuting Attorney, and we included a provision to prohibit the use of hands-free devices for our young and inexperienced drivers,” Molina said.
“It’s important to note that while there are State laws that may impose higher fines or possible jail time for drivers who cause accidents while using a mobile electronic device, the Council felt strongly that it must specifically prohibit drivers from using mobile electronic devices to deal with the prolific use of cell phones. We hope this law will be a deterrence to those who choose to use their cell phones while driving, placing themselves and the rest of us in danger,” Molina said.
“I wish to extend my appreciation to Councilmember Pontanilla for introducing this vitally important piece of legislation that will enhance the safety of our residents,” said Molina. “Furthermore, I am proud that the impetus of this initiative was proposed, deliberated, developed by the County Council into an effective, enforceable, and superior piece of legislation.”
Ordinance No. 3753 is available on the Committee of the Whole’s website www.mauicounty.gov/committees/COW, or with the Office of the County Clerk.
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