Your Phone Behind the Wheel
HRS 291C-137 — no holding a device while driving, a $300 fine, and $400 in a school or work zone
No one operates a motor vehicle while using a mobile electronic device, and using it means holding it. Operating includes being temporarily stationary in traffic, at a light or at a stop sign.
Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.
- Using a device solely to make a 911 emergency call is an affirmative defense.
- No one under eighteen drives while using even a hands-free device, except to call 911.
- A driver stopped completely, with the engine off, in a safe place by the side of the road and out of traffic is exempt, and so are emergency responders on duty and certain radio users.
- Audio equipment and equipment installed in the vehicle for navigation or emergency assistance are not mobile electronic devices.
| Where | Fine |
|---|---|
| WhereAnywhere | Fine$300 |
| WhereIn a school zone or construction area | Fine$400 |
A violation is a traffic infraction, and the section overrides any county ordinance on devices while driving.
Sources for this section (1)
- HRS 291C-137 — Mobile electronic devices
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.