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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.

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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.
  • HRS 291C-137
WhereFine
WhereAnywhereFine$300
WhereIn a school zone or construction areaFine$400
  • HRS 291C-137

A violation is a traffic infraction, and the section overrides any county ordinance on devices while driving.

  • HRS 291C-137
Sources for this section (1)
  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.

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