|
2012 -- S 2223 | |
|
======= | |
|
LC00562 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2012 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE TELEPHONE USE | |
|
|
|
|
|
|
|
Introduced By: Senators Sosnowski, Tassoni, Crowley, Lombardo, and Bates | |
|
Date Introduced: January 24, 2012 | |
|
Referred To: Senate Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is |
|
1-2 |
hereby amended by adding thereto the following section: |
|
1-3 |
31-22-31. Mobile telephone usage by motor vehicle operators. – (a) For purposes of |
|
1-4 |
this section, the following terms shall have the following meanings: |
|
1-5 |
(1) "Mobile telephone" means a cellular, analog, wireless or digital telephone capable of |
|
1-6 |
sending or receiving telephone communications without an access line for service. |
|
1-7 |
(2) "Using" or "use" means holding a hand-held mobile telephone to, or in the immediate |
|
1-8 |
proximity of, the user's ear. |
|
1-9 |
(3) "Hand-held mobile telephone" means a mobile telephone with which a user engages |
|
1-10 |
in a call using at least one hand. |
|
1-11 |
(4) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a |
|
1-12 |
mobile telephone, whether or not permanently installed in a motor vehicle, that, when used, |
|
1-13 |
allows the vehicle operator to maintain both hands on the steering wheel. |
|
1-14 |
(5) "Hands-free mobile telephone" means a hand-held mobile telephone that has an |
|
1-15 |
internal feature or function, or that is equipped with an attachment or addition, whether or not |
|
1-16 |
permanently part of such hand-held mobile telephone, by which a user engages in a call without |
|
1-17 |
the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or |
|
1-18 |
initiate a function of such telephone. |
|
1-19 |
(6) "Engage in a call" means talking into or listening on a hand-held mobile telephone, |
|
1-20 |
but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a |
|
2-1 |
function of such telephone. |
|
2-2 |
(7) "Immediate proximity" means the distance that permits the operator of a hand-held |
|
2-3 |
mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone, |
|
2-4 |
but does not require physical contact with such operator's ear. |
|
2-5 |
(b)(1) Except as otherwise provided in this section, no person shall operate a motor |
|
2-6 |
vehicle, while using a hand-held mobile telephone to engage in a call while such vehicle is in |
|
2-7 |
motion. |
|
2-8 |
(2) An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the |
|
2-9 |
immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging |
|
2-10 |
in a call within the meaning of this section. The presumption established by this subdivision is |
|
2-11 |
rebuttable by evidence tending to show that the operator was not engaged in a call. |
|
2-12 |
(3) The provisions of this section shall not be construed as authorizing the seizure or |
|
2-13 |
forfeiture of a hand-held mobile telephone, unless otherwise provided by law. |
|
2-14 |
(4) Subdivision (1) of this subsection does not apply to: (i) The use of a hand-held mobile |
|
2-15 |
telephone for the sole purpose of communicating with any of the following regarding an |
|
2-16 |
emergency situation: an emergency response operator; a hospital, physician's office or health |
|
2-17 |
clinic; an ambulance company; a fire department; or a police department; or (ii) Any of the |
|
2-18 |
following persons while in the performance of his or her official duties and within the scope of |
|
2-19 |
his or her employment: a peace officer, as defined in section 12-7-21, a firefighter or an operator |
|
2-20 |
of an ambulance or authorized emergency vehicle, or the operator of a taxi cab, tow truck or bus |
|
2-21 |
without passengers; or (iii) The use of a hands-free mobile telephone. |
|
2-22 |
(c) Any person who violates subsection (a) shall be fined not more than one hundred |
|
2-23 |
dollars ($100) except that the fine shall be suspended for a first time violator who provides proof |
|
2-24 |
of acquisition of a hands-free accessory subsequent to the violation but prior to the imposition of |
|
2-25 |
a fine. |
|
2-26 |
(d) Except as otherwise provided in this section, no person shall engage in any activity |
|
2-27 |
not related to the actual operation of a motor vehicle in a manner that interferes with the safe |
|
2-28 |
operation of such vehicle on any highway. |
|
2-29 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC00562 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE TELEPHONE USE | |
|
*** | |
|
3-1 |
This act would make unlawful the use of a non-hands-free mobile telephone while |
|
3-2 |
operating a motor vehicle, except for public safety personnel. |
|
3-3 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC00562 | |
|
======= |