A ban on text messaging while driving was allowed to move forward by Honolulu City Council members yesterday, despite concerns from police and prosecutors about the difficulty of enforcement and other issues.

The ban, which also covers playing video games while driving, was under consideration by the council's Transportation and Public Works Committee. If the bill passes, it would be the first restriction on using mobile phones while driving in the state, excluding military bases.

The bill would ban writing, sending or reading text-based communication while driving — including text messaging, instant messaging and e-mail.

Honolulu police Maj. Thomas T. Nitta said the department neither supports nor opposes the proposed legislation, but said it would be difficult for officers to differentiate between a driver dialing a phone number and a driver sending a text or e-mail.

"Anything that can distract you from driving we consider hazardous," said Nitta, speaking before the council committee. "We would have a hard time enforcing this law."

Honolulu police would be able to enforce the law on all O'ahu roads, county or state, Nitta added.

The proposed ban is similar to legislation passed by the state of California and by several cities, including Phoenix and Detroit. The bill will go to the full council for more discussion and a public hearing will be scheduled.

Lori Nishimura, a city deputy prosecuting attorney, said the wording of the proposed bill is very specific, raising the burden of proof for prosecutors and police. Nishimura said the state statute governing reckless driving already is broad enough to encompass all reckless activity that a reasonable person would not engage in.

"We're in complete agreement that people should not be texting while driving. It's a distraction that is a bad idea," said Nishimura, speaking before the committee. "That being said, when we reviewed the bill we had some concerns about enforcement."

POSSIBLE EXEMPTIONS

The committee also discussed language that would exempt emergency service personnel and commercial truck drivers from the text-message ban.

Gareth K. Sakakida, managing director of The Hawaii Transportation Association, said the HTA supports the intent of the bill but would like it to exempt commercial truck drivers and other commercial transport operators.

"The driver of a car has the opportunity to pull over to the side of the road to receive communications," Sakakida said. "It's not easy (for truck drivers). When a company sends a text message, they would like the driver to acknowledge receipt."

The bill would not outlaw talking on a cell phone while driving, but the bill's author, Councilman Charles K. Djou, said he would gladly change the language if there was enough consensus on the council to do so without risking the bill's chance of passing.

Previous attempts to pass such legislation have failed.

"This is legislation that has been adopted in numerous states around the country. I understand the difficulties with enforcement but I think it is important that this council make a clear public policy statement, and I think the overwhelming majority of citizens will obey the law, regardless of whether the police enforce it," Djou said. "I think it's needed and I think the community recognizes that text messaging and video game playing while driving is unacceptable."

The City Council in 2002 tried to ban cell phone use while driving, and variations on that bill failed at the state Legislature in 2005 and 2007.

The 2005 measure would have prohibited talking on a cell phone while driving unless using a hands-free device, and included a $200 fine with exemptions for safety and medical emergencies.