This web page lists information about legislation in progress affecting mobile two-way radio operations in the City and County of Honolulu and the State of Hawaii.


This page is currently work in progress. Last update, October 24, 1:15 am.

Previous updates on Feb 1 were 3:30 am, 9:00 am, 12:30 pm, 9:20 pm, 10:30 pm, 11:15 pm. Mon Feb 2 7:00 am. Feb 3, 12:45 am, 7:45 am, 10:00 pm. Feb 4, 9:15 pm. Feb 5, 9:30 pm, 10:40 pm. 11:40 pm. Feb 8, 9:45 pm. Feb 9, 10:30 pm. Feb 13, 4:20 am. March 9, 11:30 pm. March 12, 6:20 pm. March 15, 11:00 pm. March 16, 7:30 am. March 16, 7:30 pm. March 17, 3:20 am. March 18, 10:30 pm. March 19, 8:00 am. March 20, 3:00 am. March 20, 9:30 pm. March 21, 10:30 am. March 23, 8:30 pm. March 25, 3:40 am. March 26, 7:50 am. March 26, 10:40 pm. March 30, 9:00 pm. March 30, 10:15 pm. March 31, 6:10 am. March 31, 11:20 pm. April 1, 8:05 pm. April 2, 10:45 pm. April 3, 7:30 am. April 3, 11:30 pm. April 4, 6:20 am. April 6, 11:40 pm. April 7, 6:40 am. April 7, 7:00 pm. April 9, 9:40 pm. April 11, 1:20 am. April 13, 10:40 am. April 13, 2:10 pm. April 14, 9:10 pm. April 15, 7:25 am. April 16, 8:30 pm. April 17, 7:30 pm. April 19, 9:30 pm. April 21, 8:00 am. April 22, 9:20 pm. April 24, 12:25 am. April 24, 6:10 am. April 26, 8:10 pm. April 29, 10:15 pm. May 7, 11:00 pm. May 23, 1:45 am. June 4, 8:25 pm. June 5, 6:40 am. June 18, 9:40 pm. June 19, 5:55 am. June 26, 8:55 pm. July 1, 8:30 pm.

October 17, 2:00 pm. October 23, 7:15 am.

Recent updates

1) Maui County is considering a hands-free cellular telephone bill. Maui County Council Member Joe Pontanilla introduced the bill on October 16, 2009.

Maui News article. Honolulu Advertiser article.

2) Kauai County is considering a hands-free cellular telephone bill. Kauai Councilman Derek Kawakami intends to introduce a bill in coming weeks.

Garden Island article. Honolulu Advertiser article.

3) Bill 4, CD2 FD1 was signed into law by Mayor Hannemann on May 7. The bill requires the use of hands-free cellular telephone devices while driving a vehicle on the island of Oahu starting July 1, 2009.

Click here to see the softcopy of Ordinance 09-6. Amateur radio operators are encouraged to have a copy in your vehicle glove compartment.

No grace period will be given. Read the motoring public's reaction. KHON and KITV provided coverage.

You can read the FAQ (Frequently Asked Questions) at the Honolulu Police Department web page.

Please take a few moments to do the items in the Oahu Action Plan.

4) For the Big Island, Bill 66 has been amended to include an exemption for amateur radio and has been amended to a CD2 version to be effective January 1, 2010, passed the Council on the Second and final Reading on June 16 in Hilo. The Mayor signed it on June 26, 2009. The url for Hawaii County information is "http://www.qsl.net/ah6rh/am-radio/cellular-phone-ordinance.html#hawaiicounty".

5) If you are interested in what traffic safety laws apply at the State level in Hawaii, you can get a quick overview at this Hawaii Revised Statute webpage. For the island of Oahu, you can view the Traffic Code at this Revised Ordinances of Honolulu webpage. For the Big Island, you can view the Traffic Code via this Hawaii County Code webpage.

Background

This effort started with City Council Bill 4 (2009) (first draft) which was broadly written to prohibit the use of a handheld or portable electronic device while operating a motor vehicle on a public roadway on the island of Oahu. Dennis WH6QN and Gordon KH6GL first brought the existence of this bill to light and it has been reported on the HAMRADIOHAWAII, HIHAM and EARC reflectors as of Saturday afternoon, January 31, 2009.

Since C&C Bill 4 was broadly written, it could prohibit the use of two-way mobile radio communications such as radio handie-talkies and installed mobile radios.

During the course of the weekend, discovery by citizens and amateur radio operators has revealed another Council Bill, and three other bills in the State Legislature as well as a list of information below. Because of the extent of these bills, it took a little while to formulate a strategy of how to approach our elected officials with education and constructive input. I recommend you educate yourself first thoroughly on this matter by reading all the bills, and the supporting information provided by the links. I also recommend you keep abreast of the status of the language of the bills, the status of the bills, and which committees are working on them.

A number of amateur radio operators who also work in government, industry, military and law enforcement are collaborating to work with the City Council (and now State Legislature) to improve the language of bill(s) to craft legislation that promotes the envisioned results and avoids unintended consequences. It is recognized that the language in the various bills affects the use of two-way mobile radios in the daily operations in county government, State government, Federal government, commercial sector, public and private transportation services, tour companies, utility companies and a host of other industries, military and law enforcement beyond just county police.

The guiding principle is that the amateur radio operator community come together and unify, provide constructive suggestions for the language of the legislation, and provide informed and constructive community input into the legislative process. It requires testimonies from individuals to make constructive and effective changes in the proposed legislation happen.

Current Maui Action Plan

For Maui, the current action plan is to:

  • Educate others about Bill 09-290 which is the proposed bill for hands-free cellular telephone operation.
  • Maui County requires two readings in Council before a bill can pass the Council. The key effort is work prior to and during to Committee of the Whole meeting during the week of November 2.
  • Submit written testimony for the Bill.
  • Prepare for testimony during the Committee of the Whole meeting the week of November 2.

More information as it develops.

Current Kauai Action Plan

For Kauai, the current action plan is to:

  • Educate others about the proposed bill for hands-free cellular telephone operation.
  • Kauai County requires two readings in Council before a bill can pass the Council.
  • Submit written testimony for the Bill.
  • Prepare for testimony.

More information as it develops.

Current Oahu Action Plan

For Oahu and the Big Island, the current action plan is to:

  • If you use your mobile phone while driving, equip yourself with a hands-free device for your phone.
  • Educate others to do so by July 1, 2009 for Oahu, and January 1, 2010 for the Big Island.

Maui County Legislation

Mel KH6H reports on Oct 10 that the Maui County Council is considering a cellular telephone bill. Maui News article has details.

The text for Bill 09-290 is online. It is the same text as the ordinances for Honolulu and the Big Island.

Watch this Maui County Committee of the Whole web page for developments and information. The matter is referred to by the committee as "COW-28".

Submitting testimony on Bill 09-290/COW-28

The time for providing public testimony on Bill 09-290/COW-28 is now. A template for providing testimony on this bill is shown below. It is critical that the testimony represent your views (we are offering suggestions) which must be expressed in your own language. Multiple copies of the same, identical testimony have little influence. You want to provide constructive input into the amendments for the bill(s), and constructive rationale as the bill moves through the Committee of the Whole.

Below several alternatives are shown for needed language. Pick only one of each set containing the word OR.

Include your name, address, email address and phone number.

  • TO: Michael J. Molina
  • TO: yourcouncilmember
  • Subject: Bill 09-290 Testimony, Mobile Electronic Cevices
________________________________________________



Testimony of Your Name (and if representing an organization, the name of the organization, your position and title)
Committee of the Whole Chair Molina and members of the Committee
(Today's date)
Bill 09-290
____________________________________________________


My name is _________ and I SUPPORT (WITH AMENDMENTS)
the purpose of
OR the intent of
OR the need for this bill to
regulate the use of cell phones in automobiles/cars/vehicles
OR
promote traffic safety by controlling cell phone use and texting by drivers
OR
protect the public by controlling the use of cell phones.
Or something similar, in your own words.

However, ... I OPPOSE ...OR I FEEL STRONGLY THAT

(Provide your testimony here) Use you own language. (This really is important. You want to be individualized and constructive.)

[The item in italics reflect the conclusion of the discussion group. Awaiting further word on the results of the discussion group. ]

Thank you for your support of amateur radio and two-way mobile radio.

You may also wish to reference that New Hampshire permits amateur radio in a motor vehicle. Thank you David KB1PCX for your timely research and report.

You may also wish to reference that New Jersey and Washington State sought to exclude amateur radio operators from their mobile telephone legislation. You can review examples from other states, as listed in the "National Scene" below.

You may wish to close by expressing your appreciation in your own words for being able to submit testimony/testify on this bill/measure.

Action Plan Relating to Education

This section serves as talking points to help educate legislators regarding cellular telephones and the amateur radio service. These notes serve amateur radio operators in Hawaii and across the US who may be faced with testifying regarding mobile cellular telephone legislation.

Educate your legislator that Amateur Radio is the official name of the radio service given by the Federal Communications Commission because we do not derive income from the radio service. The name amateur does not reflect a less-than-professional character of the person as a technician/operator and a member of the community. Ask that amateur radio be exempt from the scope of this bill as it has in other locations.

Educate:

  • That the Amateur Radio Service exists as a public benefit as a reserve of trained operators and technicians, and has served in times of emergency including Hurricane Iniki, the October 15, 2006 Kiholo Earthquake and the two recent island-wide power outages.
  • The United States Congress, in 1994, in a Joint Resolution (S.J. Res. 90/H.J. Res. 199 (1994), in "recognizing the achievements of radio amateurs, and to establish support for such amateurs as national policy" found and declared, among other things, that: "reasonable accommodation should be made for the effective operation of amateur radio from residences, private vehicles and public areas, and that regulation at all levels of government should facilitate and encourage amateur radio operation as a public benefit."
  • Two states (New Jersey and Washington) specifically exempt amateur radio from it's statutes because they contain broad language such as "electronic communications device" and "wireless communications device" instead of specifying cellular telephones and text messaging devices. We're asking for the same exemption because of the similar broad language in Bill 4.
  • The record of safe operation (that there's been no known traffic incident on Oahu while actively engaging in a radio contact) doesn't warrant a restriction on amateur radio or other forms of two-way radio in this Bill. There is no evidence that there is a problem.
  • New Hampshire permits amateur radio in a motor vehicle.
  • The current draft of the bill will adversely impact emergency communications in Hawaii, as it diminishes the incentive to install mobile amateur radio equipment in personal vehicles ahead of emergencies and disasters.
  • Safe driving can be done with one hand on the wheel, as evidenced by those who drive with a standard manual shift transmission.
  • That the conversation on a two-way radio differs from a normal telephone, in that the conversation is paced and each side already understands that you must wait for the other party to finish before you can talk. Therefore, you're doing only one thing (talking OR listening) at a time.
  • Other people are listening, so you won't talk about items in conversations that would be excessively engaging, distracting or private. Amateur radio operators are prohibited from conducting business in the amateur radio bands. Therefore, more attention is given to driving than the conversation compared to cellular telephones.
  • That there's no dialing or other manual operation needed to initiate or close a radio contact. Just pick up the mike, press the PTT switch and talk. Let go of the button when you're done. No other buttons are involved. It is a much simpler device to operate than a standard shift vehicle.
  • That the handheld microphone allows you to give full eye contact with the road and surroundings, because you're holding the microphone below your visual field of view. We do not have to remove our eyes from the road as is the case with text messaging.
  • Holding the microphone to talk is a very small amount of the total time spent driving.
  • Experienced operators know to put down the microphone, or end the contact, if driving conditions warrant closer attention to driving.
  • That your ear is not obstructed by a listening device.
  • That the skills developed during times of normal operations greatly enhance the ability to meet the challenges of operating during emergency conditions. That it's no different than getting a drivers license, not be allowed to drive, then expect safe, flawless execution when someone has to be driven to the hospital for an emergency. We acquire the necessary skills and it's never been a problem as evidenced by the history of two-way radio operations long before the advent of cellular telephones.
  • Reemphasize that these factors contribute to safe driving skills as evidenced by the lack of a traffic safety problem with two-way radios.
  • Request that amateur radio operators be exempt from (affected cellular phone bill), and continue to operate with no restrictions as is the case now.

Kauai County Legislation

The Garden Island reports on Oct 15 that the Kauai County Councilperson Derek Kawakami intends to submit a cellular telephone bill.

Watch this Kauai County Council web page for developments and information.

The State Legislature

No bills on the 2009 Legislature made it past Second Decking. The references for these bills have been moved to the historical section below.

The National Scene

It appears that Hawaii is one of the few states that does not have state-wide legislation addressing the use of cellular telephones in motor vehicles. See this web page for details as of February 2009.

The ARRL Executive Committee approved a policy statement January 30, and it contains model language for these types of bills with definitions, prohibited usage, and exclusions. See this PDF file.

The section below represents initial research on cellular phone/text messaging laws in other states and localities and is not an exhaustive search.

States that permit mobile amateur radio use

David KB1CX reports that it is legal in New Hampshire to operate amateur radio while mobile in New Hampshire. Thank you David for your report!

States that exclude amateur radio from cellphone/text messaging bills

Stacy WH7LH reports that New Jersey has language that excludes amateur radio because of the broad language of "electronic communications device".

Bev AH6NF reports that Washington State's cellphone law which has passed and is in effect excludes amateur radio because of the broad language of "wireless communications device".

States with mobile cell phone laws

Ron AH6RH reports California has a law banning mobile cell phone use. You can read a FAQ, the mobile cellphone law, the mobile text-messaging law, and the under-18 years old law for California. Notice that the cell phone law specifically states "wireless telephone", and not the other broad language found in some of the bills proposed within Hawaii that complicates the legislation.

Ron AH6RH reports that California also has a law the permits the use of a portable, windshield mounted GPS unit, provided that it's in the corner of the windshield an not in the middle. See Vehicle Code 26708, (B) (12).

Ron AH6RH reports Connecticut, Sec 14-296aa has a law banning mobile cell phone use. It also includes language banning mobile electronic devices. Search for "Sec. 14-296aa".

Kentucky KRS 281A.205 has a law banning mobile telephone phone use for school bus drivers. Thanks Stacy WH7LH for the lead.

Ron AH6RH reports Maine MRS Title 29-A, Chapter 19, Subchapter 2, Section 2116 has a law banning mobile telephone use or handheld electronic devices for drivers under the age of 18.

David KB1PCX reports Massachusetts, Chapter 90: Section 7b has a law banning mobile cell phone use while driving a school bus.

David KB1PCX reports Massachusetts, Chapter 90: Section 13 has a law allowing citizens band radio and mobile telephone operation, provided one hand remains on the steering wheel at all times.

New York, Title 7 Article 33 - 1225C has a law banning mobile cell phone use. Thanks Ray AH6LT for the lead.

North Carolina, Section 20-137.3 has a law banning mobile telephone phone use and additional technology associated with a mobile telephone for drivers under the age of 18. Thanks Randy AH6Q for the lead.

Ron AH6RH reports North Carolina, Section 20-137.4 has a law banning mobile telephone phone use and additional technology associated with a mobile telephone for school bus drivers.

Ron AH6RH reports Oregon, ORS 811.507 has a law banning "mobile communications device" for drivers under the age of 18.

Ron AH6RH reports The District of Columbia has a law banning mobile cell phone use. It also includes language banning mobile electronic devices. Search for "50-1731.04" (Restrictions) and "50-1731.02" (Definitions).

States disallowing local cellular phone laws

Ron AH6RH reports Utah has a law 41-6a-208 disallowing the local highway authority from restricting or prohibiting the use of cellular phones by the operator or passenger of a vehicle.

States with mobile text messaging laws

Ron AH6RH reports Alaska has a law banning mobile text messaging.

Ron AH6RH reports California has a law banning mobile text messaging.

David KB1PCX reports New Hampshire passed HB 34 on March 24, 2009 banning text messaging, to be effective January 1, 2010.

Ron AH6RH reports Virginia has a law banning mobile text messaging, effective 7/1/09.

States working on mobile cell phone / text messaging laws in 2009

These states appear be working on their mobile cell phone and/or text messaging laws in 2009.

States that do not appear to have cell phone or text messaging laws

These states appear to not have laws regulating cell phone or text messaging use by the general public. This list has not undergone extensive research, so these states may indeed have statutes tucked away within their legislative library.

States that do not have statutes online

These states appear to not have their statutes available online for research.

States not yet researched

If you have a moment, please take a look at these sites, research their cellphone laws and let me know the results.

Steve NH7ZD reported that the National Safety Council is calling for a nationwide ban on cell phone usage and texting while driving. See this web page.

As far as I know, a two-way mobile radio has never been a factor in a traffic fatality on Oahu. The radio operator is in control of the conversation, the radio equipment as well as the vehicle and can put down the microphone or walkie as needed and deal with traffic conditions.

More information will be posted as it becomes available.

Historical Section

This section has historical information on past legislative activities relating to mobile electronic devices in the State of Hawaii.

City Council (City and County of Honolulu) Bill 4

Wayne KH6MEI reported that Bill #4 was introduced in Council on January 28, 2009, authored by Rod Tam. The Honolulu Advertiser, the Honolulu Star Bulletin, provided media coverage.

Bill 4, CD2 FD1 was signed into law by Mayor Hannemann on May 7, 2009. The bill exempts mobile amateur radio operations.

You can track the official status of Bill 4, including the official draft versions on this web page.

Information on your Councilperson is found at this City Council's web page. You can also get additional information at the City Council's web page.

Results of the February 25, 2009 Council meeting - First Reading

Bill 4 (2009) received its first hearing at the February 25 Council meeting.

The Honolulu Advertiser, and the Honolulu Star Bulletin provided media coverage.

The Transportation and Planning Committee Meeting is visible on Olelo on Demand. You can "Jump To..." FIRST READING. The timeline is from 1:55:39 to 2:04:00.

Results of the March 5, 2009 Transportation and Planning committee meeting

Bill 4 (2009), Proposed CD1 was heard at the March 5 Transportation and Planning Committee meeting.

The Honolulu Advertiser, and the Honolulu Star Bulletin provided media coverage.

The Transportation and Planning Committee Meeting is visible on Olelo on Demand. You can "Jump To..." 8. Bill 4 (2009) Use of Electronic Devices. The timeline is from 2:00:07 to 2:39:55.

Results of the March 18, 2009 Council meeting - Second Reading

The following have submitted their written testimonies for Bill 4 (2009), CD1: KH6DAD, WH7GG, KH7HO, WH7HZ, AH6J, KH6JBS, WH7LH, AH6LT, WH7NA, N6NCT, AH6NF, AH6QO, WH7RB, AH6RH, WH7RH, KH7U, KH6W, NH6XO, N6ZBI, KH6ZZ.

Chuck N6NCT was instrumental in contacting amateurs on the air, and making them aware of the upcoming effects of Bill 4, and encouraged them to submit testimony.

The following amateur radio operators attended the Council meeting on March 18, 2009. KH6GL, AH6NF, KB1PCX, AH6QO, AH6RH, WH7QR, KH7U, KH6W, NH6XO, KH6ZZ. The testimony, question and answer portion of Bill 4, CD1 occupied about 1 hour, 20 minutes.

Testimony included:

  • The number of years of experience by the operators present.
  • Our active participation in emergency communications, as evidenced in past events.
  • The paced nature of conversations that's imposed by two-way radio and the PTT switch, so that there's no animated conversation to distract the driver.
  • Testimony by individuals and ARRL BOD that there's been no known traffic incident due to the use of amateur radio.
  • Testimony on the exemption stated in Washington State's law, including reference to the FCC license.
  • The commonality of equipment used by two-way radio services (ie, PTT mike, and not a handset).
  • In response to questions, that hands-free technology is available at a cost of several hundreds of dollars.
  • By the representative from the police department: That on being pulled over, if the operator produces a copy of his/her FCC license, that it would suffice as being enforceable if such an exemption was given.
  • By the representative from the prosecutor's office: That if a traffic ticket was issued, that attaching a copy of the FCC license to the ticket would suffice, if such as exemption was given.

Among the (paraphrased) questions asked were:

  • How does amateur radio differ from Nextel walkie operations (relative to traffic safety)? [Post-meeting answers]
    • A Nextel/Verizon Push-to-talk walkie can also function as a cellular phone. The amateur radio station functions only as a two-way radio.
    • The Nextel/Verizon Push-to-talk walkie requires several button pushes to switch back and forth with cellular telephone mode, which could be a visual distraction. The amateur radio station remains a two-way radio, requiring only the PTT switch to function and converse.
    • The Nextel/Verizon Push-to-talk walkie is available to the general public and does not require an examination or license to operate. The amateur radio station requires the control operator to pass an examination, and be federally licensed.
    • The amateur radio station can communicate directly with DEM and State CD, as opposed to the Nextel/Verizon PTT walkie, which does not have a direct radio connection.
    • Specifying "amateur radio station" within the language of the exemption distinguishes the particular piece of equipment exempted.
  • Can amateur radio operate with hands free technology and devices to permit two hands on the steering wheel?
  • To the representative from the Police Department and Prosecutors Office: Information regarding other states and jurisdictions that have exempted amateur radio from cellphone/texting traffic laws.

Among the (paraphrased) items expressed by various council members were:

  • A recognition that texting is distracting because the eyes are taken off the road.
  • The intent (of the bill) is to promote traffic safety.
  • A point that a police officer would not be able to readily distinguish an amateur radio operator from other types of radio operation.

The Honolulu Advertiser, the Honolulu Star Bulletin, and KHON provided media coverage.

Curtis, WH7QR reports that the Council Meeting is visible on Olelo on Demand. You can "Jump To..." CR-95, Bill 4, CD1

On March 25th, Council member Duke Bainum sent an email to ten amateurs who submitted testimony and testified at the City Council hearing on March 18th that he was "very impressed with your testimonies and have asked the committee chair to entertain amending the bill". Duke Bainum sent a memo dated March 23 to the Committee Chair stating his request to include an exemption for "amateur radio operators using two-way radios". Council member Bainum writes: "I found the testifiers comment very compelling and in order to accommodate their service to the community I would support this exemption from the ban on the operation of mobile electronic devices while operating a motor vehicle." Thank Duke Bainum for his support of amateur radio.

[Note: The wide variety of individual testimonies made an impressive and compelling history of the public and emergency service performed by amateur radio operators on the island of Oahu. It was Bart WH6AA that gave the guidance and counsel to achieve this mind share with the Council.]

Amateurs Wayne KH6MEI, Ron AH6RH and Kimo KH7U met with Council Member Okino and assistant Frank Streed on March 30, and had a positive, productive session.

Ron AH6RH happened upon Councilman Duke Bainum at a public function on Saturday, April 4, 2009. In the brief conversation, Duke acknowledged that [the legislative process is] "a matter of education, and once I went through the written testimony, I found it [the case for amateur radio] very compelling." Ron thanked Duke for his support of amateur radio.

Results of Transportation and Planning Committee Meeting, April 9th

The following have submitted their written testimonies for the Bill 4 (2009), Proposed CD2: KH6MEI, WH7LH, AH6NF, KB1PCX, WH7QR, AH6RH, NH6RZ, KH7U, KH6ZZ.

The following amateur radio operators attended the Transportation and Planning Committee meeting on April 9, 2009. KH6GL, AH6NF, N7WAP, NH6XO.

Bev, AH6NF reports that the Transportation and Planning Committee Meeting is visible on Olelo on Demand. You can "Jump To..." 5., Bill 4, CD1. The session spans from timeline 46:57 to 2:12:26.

Testimony included:

  • There seemed to be a general favor of those presenting testimony that Okino's version was preferred, including representatives from HECO and the Police Department.
  • Council member Apo asked if the amateur radio operators held a device to their ear while operating a two-way radio, and the testimony was no, generally, the microphone is held near the mouth, and not near the ear.
  • Council member Apo asked if the amateur radio operators were agreeable with exempting all two-way radio, and they were.

Among the (paraphrased) items expressed by various council members were:

  • If there was a ready way of identifying vehicles with amateur radio, such that the driver would not be incorrectly pulled over. The specially designated license plates were mentioned.
  • The discipline, training and licensing of two-way radio operators were factors of interest and consideration to them.

The preferred version was Okino's proposal with the exemption for amateur radio and the definition of operating a vehicle referencing Hawaii Revised Statute (HRS 291 E-1). The version passed, and will be presented to Council for the Third Reading.

Bob, NH6XO reports that the original DOT Federal study on driver inattention cited by the representative from the Prosecutor's office (DOT HS 810 594 April 2006 The Impact of Driver Inattention On Near-Crash/Crash Risk) is visible at this web site.

The Honolulu Star Bulletin provided media coverage.

Council Meeting April 22 - Third Reading

Bill 4, CD2 FD1 passed Third Hearing on Wed Apr 22, 10:38 am at the City Council Chambers at the third floor of Honolulu Hale. The bill requires hands-free cellular telephone devices while driving a vehicle on the island of Oahu starting July 1, 2009. The bill exempts mobile amateur radio operations.

The following have submitted their written testimonies for Bill 4, CD2 FD1: WH7BH, WH7BTE, KC6CBB, AH6CP, WH6CPD, KH6DAD, WH7GG, KH6GL, KH7GN, N6GOZ, KH6IB, KH6IRT, WH7LH, KH6MEI, KH6MG, KH6MP, N6NCT, AH6NM, KH6OM, AH6RH, AH6RN, KH7RM, KH7RN, WH6TP, AH6TW, NH6TY, WH6UG, WH7ZB, NH7ZD, KH6ZZ.

A petition letter signed by 30 amateurs is visible at this link.

The following amateur radio operators attended the Council meeting on April 22, 2009. KH6GL, AH6RH, N7WAP.

The Council Meeting is visible on Olelo on Demand. You can "Jump To..." CR-129 Bill 4, CD2. The session spans from timeline 1:18:15 to 1:35:38.

The Honolulu Star Bulletin provided media coverage before the event.

The Honolulu Star Bulletin, Honolulu Advertiser, KHON, KITV and KHNL provided media coverage on April 22.

The Honolulu Star Bulletin, Honolulu Advertiser and KHNL provided media coverage on April 23.

The Honolulu Star-Bulletin reports in the April 23rd article: "Most of those who showed up to testify on the measure during the hearing process were amateur radio operators, who successfully lobbied for an exemption allowing them to use their equipment when at the wheel."

Amateur Radio Newsline featured the exemption in it's May 1, 2009 weekly report.

Bill 4 was signed into law by Mayor Hannemann on May 7, 2009. The Honolulu Star Bulletin, Honolulu Advertiser and KITV and KGMB provided media coverage on May 7.

Hawaii County Legislation

Bob AH6J reports that the Hawaii Tribune reports on Saturday, April 11 the Council of Hawaii County is considering a cellular telephone bill.

The text for Bill 66 CD2 can be found on this web page. This draft DOES have a provision to exempt amateur radio.

The meeting of the Hawaii County Council Public Safety and Parks and Recreation Committee was held in Hilo on Tuesday, May 19 at 3:00 pm. The Chairperson of the Public Safety Committee is Guy Enriques. A view of the the actions taken shows that action on Bill 66 was deferred to the May 19th PSPRC meeting. Bill 66 has been amended to include an exemption for amateur radio and has been amended to a CD2 version to be effective January 1, 2010. It passed PSPRC.

The Hawaii Tribune provided media coverage.

Bill 66 CD2 passed the Second and Final hearing. Second reading occurred on June 16th. See Page 10.

The West Hawaii Today provided media coverage.

The Mayor signed it into law on Friday, June 26, 2009.

The Honolulu Advertiser, Hawaii Tribune-Hereald, West Hawaii Today and provided media coverage.

You can also get additional information at the Hawaii County Council's web page.

A PDF file containing instructions and deadlines on submitting testimony can be found at this link. In addition to written testimony, public testimony can be provided during meetings from three videoconferencing centers located at the (a) Council Chambers in Hilo, (b) Kona Council Office, or (c) Waimea Council Office.

Inactive Bills

Due to the volume of previous legislative activity, the bills that are no longer active are captured in this section.

City Council Bill 67 (2008), FD1 vetoed by the Mayor

Dan KH6DAN found a KITV report and a KHNL report of an Associated Press report that the bill has passed City Council. The Honolulu Advertiser on Jan 16 reports that a bill was introduced. Thanks Dan for the report.

Stacy WH7LH found this KHON2 Report that Charles Djou authored the measure before the Mayor.

Ron AH6RH found 2008 Council Bill 67 (2008), FD1. This bill affects the use of certain APRS devices, and messaging devices used in government, commercial and other vehicles that use fleet dispatching systems. The Mayor vetoed the bill on Feb 12, 2009.

Dick NH7RS reports that Charles Djou is on Rick Hamada's program KHVH radio (AM 830) on Tuesdays from 7:05 to 8:00 am, and takes call-ins.

2009 State Legislature

Gary WH6C suggested that rather than having a stand-alone bill for the City and County of Honolulu that differs from the practices on the Neighbor Islands, that the matter be tabled at the City Council and referred to the State Legislature to craft a uniform state-wide bill.

Wayne KH6MEI reports that the Governor has previously introduced legislation this session banning cellphone use by teenage drivers, and provides this Star Bulletin article.

Ron AH6RH reports that House Bill 14 originally intended to address cellphone use by teenage drivers. This bill is of greater concern to amateur radio operators as it has broad scope and has language in it that would restrict wireless electronic communications device while operating a motor vehicle. It appears that the current draft of the bill has deleted the restriction on age aimed at banning cell phone use by teenagers, so all cell phone activity without a hands free unit is restricted. It would also restrict the installation of an LCD screen in the driver's compartment, which would affect mobile radio installations. The conditions for this proposed bill is quite lengthy, so you should read the text for yourself. You can track the status at this link.

Bev AH6NF reports that two Senate bills address cellular telephone usage while driving motor vehicles. Senate Bill 760 is intended to address cellular telephones, but may also be construed to affect commercial mobile radio services as defined in the Code of Federal Regulations Part 47, Section 20.3 and could affect SMR radio services. There's other conditions, so read the text of the bill for details. You can track the status at this link.

Senate Bill 249 is intended to address cellular or mobile telephones, text message or email device. There's other conditions and fines listed, so read the text of the bill for details. You can track the status at this link.

Bart, WH6AA reports additional House and Senate Bills are of interest.

House Bill 15 would outlaw text messaging while operating a motor vehicle and drivers' use of handheld cell phones. There's other conditions, so read the text of the bill for details. You can track the status at this link.

House Bill 143 Prohibits the use of a mobile telephone while driving unless equipped with a hands-free accessory and being used in the hands-free mode. Exempts mobile radios. Prohibits transit drivers from using cellular phones whenever their vehicle is in motion. There's other conditions, so read the text of the bill for details. You can track the status at this link. 2/20/09 Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and Bertram, McKelvey, Takai, Takumi, Tokioka excused (5).

House Bill 223 Prohibits the use of mobile telephones without hands free accessories while operating a motor vehicle. Prohibits the use of electronic wireless communication devices while operating a motor vehicle. Sets forth exemptions. There's other conditions, so read the text of the bill for details. You can track the status at this link.

Senate Bill 13 seeks to ban drivers from using cell phones without a hands-free attachment. Would outlaw text messaging for all drivers. There's other conditions, so read the text of the bill for details. You can track the status at this link.

Senate Bill 250 would ban text messaging and emailing by all drivers. There's other conditions, so read the text of the bill for details. You can track the status at this link.

Senate Bill 275 would prohibit drivers from using cell phones not equipped for hands-free use. Provides for forfeiture of violators' cell phones. There's other conditions, so read the text of the bill for details. You can track the status at this link.

Senate Bill 976 Drivers under the age of 18 with restricted licenses would be banned from a range of distracted driving behaviors, including use of electronic devices and making cell phone calls (regardless of whether a hands-free device is employed). There's other conditions, so read the text of the bill for details. You can track the status at this link.

Senate Bill 1054 had crossed over from the Senate to the House. It prohibits the use of "other electronic device". It did not make Second Decking, so this bill is dead for 2009. You can track the status at this link.

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February 1, 2009 Updated: October 24, 2009

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