2012 -- H 7204

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

     Introduced By: Representatives Lima, and McNamara

     Date Introduced: January 19, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-22-30 of the General Laws in Chapter 31-22 entitled

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"Miscellaneous Rules" is hereby amended to read as follows:

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     31-22-30. Text messaging while operating a motor vehicle. -- (a) For purposes of this

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section, the following terms shall have the following meanings:

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      (1) "Hands Free" means the manner in which a wireless handset is operated for the

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purpose of composing, reading or sending text messages, by using an internal feature or function,

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or through an attachment or addition, including but not limited to, an earpiece, headset, remote

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microphone or short range wireless connection, thereby allowing the user to operate said device

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without the use of hands.

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      (2) "Inoperability" means a motor vehicle that is incapable of being operated or being

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operated in a safe and prudent manner due to mechanical failure, including but not limited to,

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engine overheating or tire failure.

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      (3) "Motor Vehicle" means any vehicle that is self-propelled by a motor, including but

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not limited to, automobiles, trucks, vans, construction vehicles, etc.

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      (4) "Person" means any natural person, corporation, unincorporated association, firm,

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partnership, joint venture, joint stock association or other entity or business organization of any

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kind.

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      (5) "Stopped" means not in motion.

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      (6) "Text Message", also referred to as short messaging service (SMS) means the process

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by which users send, read, or receive messages on a wireless handset, including but not limited to,

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text messages, instant messages, electronic messages or e-mails, in order to communicate with

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any person or device.

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      (7) "Use" means to hold a wireless handset in one's hands.

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      (8) "Wireless Handset" means a portable electronic or computing device, including

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cellular telephones and digital personal assistants (PDAs), capable of transmitting data in the

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form of a text message.

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      (b) No person shall use a wireless handset to compose, read or send text messages while

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operating a motor vehicle on any public street or public highway within the state of Rhode Island.

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      (c) Notwithstanding the provisions of subsection (b), this section shall not be construed

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to prohibit the use of any wireless handset by:

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      (1) Any law enforcement, public safety or police officers, emergency services officials,

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first aid, emergency medical technicians and personnel, and fire safety officials in the

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performance of duties arising out of and in the course of their employment as such;

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      (2) A person using a wireless handset to contact an individual listed in subsection (c)(1);

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or

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      (3) A person using a wireless handset inside a motor vehicle while such motor vehicle is

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parked, standing or stopped and is removed from the flow of traffic, in accordance with

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applicable laws, rules or ordinances, or is stopped due to the inoperability of such motor vehicle.

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      (d) Nothing in this section shall be construed to prohibit a person operating a motor

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vehicle from utilizing a hands-free wireless handset.

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      (e) Any person who violates any of the provisions of this section shall, upon conviction,

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be subject to:

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     (1) a A fine of eighty-five dollars ($85.00); and the mandatory requirement that a device

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which prevents text messaging and cell phone calls be installed in their vehicle. Said device shall

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still provide the capability to dial 911 or other emergency numbers which the device

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administrator permits. This requirement cannot be waived by any judge or magistrate and it shall

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be an additional violation for a driver convicted and sentenced pursuant to this section to drive an

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automobile without the device required herein. Any person caught driving without the device

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required herein shall have his or her license to operate a motor vehicle suspended for one year for

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the first offense, and two (2) years for all subsequent offenses;

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     (2) for For a second conviction, shall be subject to a fine of one hundred dollars ($100);

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and for

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     (3) For a third or subsequent conviction, a person shall be subject to a fine of one hundred

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twenty-five dollars ($125). All violations arising out of this section shall be heard in the Rhode

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Island Traffic Tribunal.

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     SECTION 2. This act shall take effect upon passage.

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LC00625

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

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     This act would provide for additional penalties for persons found guilty of texting while

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driving including the installation of a device in their vehicle which prevents text messaging and

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cell phone calls.

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     This act would take effect upon passage.

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LC00625

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