2013 -- S 0220

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LC00420

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE TELEPHONE USE

     Introduced By: Senators Sosnowski, Lombardo, Walaska, Cool Rumsey, and Gallo

     Date Introduced: February 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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      SECTION 1. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is

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hereby amended by adding thereto the following section:

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     31-22-31. Mobile telephone usage by motor vehicle operators. – (a) For purposes of

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this section, the following terms shall have the following meanings:

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     (1) "Mobile telephone" means a cellular, analog, wireless or digital telephone capable of

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sending or receiving telephone communications without an access line for service.

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     (2) "Using" or "use" means holding a hand-held mobile telephone to, or in the immediate

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proximity of, the user's ear.

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     (3) "Hand-held mobile telephone" means a mobile telephone with which a user engages

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in a call using at least one hand.

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     (4) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a

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mobile telephone, whether or not permanently installed in a motor vehicle, that, when used,

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allows the vehicle operator to maintain both hands on the steering wheel.

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     (5) "Hands-free mobile telephone" means a hand-held mobile telephone that has an

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internal feature or function, or that is equipped with an attachment or addition, whether or not

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permanently part of such hand-held mobile telephone, by which a user engages in a call without

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the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or

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initiate a function of such telephone.

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     (6) "Engage in a call" means talking into or listening on a hand-held mobile telephone,

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but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a

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function of such telephone.

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     (7) "Immediate proximity" means the distance that permits the operator of a hand-held

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mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone,

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but does not require physical contact with such operator's ear.

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     (b)(1) Except as otherwise provided in this section, no person shall operate a motor

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vehicle, while using a hand-held mobile telephone to engage in a call while such vehicle is in

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motion.

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     (2) An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the

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immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging

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in a call within the meaning of this section. The presumption established by this subdivision is

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rebuttable by evidence tending to show that the operator was not engaged in a call.

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     (3) The provisions of this section shall not be construed as authorizing the seizure or

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forfeiture of a hand-held mobile telephone, unless otherwise provided by law.

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     (4) Subdivision (1) of this subsection does not apply to: (i) The use of a hand-held mobile

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telephone for the sole purpose of communicating with any of the following regarding an

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emergency situation: an emergency response operator; a hospital, physician's office or health

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clinic; an ambulance company; a fire department; or a police department; or (ii) Any of the

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following persons while in the performance of his or her official duties and within the scope of

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his or her employment: a peace officer, as defined in section 12-7-21, a firefighter or an operator

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of an ambulance or authorized emergency vehicle, or the operator of a taxi cab, tow truck or bus

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without passengers; or (iii) The use of a hands-free mobile telephone.

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     (c) Any person who violates subsection (a) shall be fined not more than one hundred

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dollars ($100) except that the fine shall be suspended for a first time violator who provides proof

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of acquisition of a hands-free accessory subsequent to the violation but prior to the imposition of

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a fine.

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     (d) Except as otherwise provided in this section, no person shall engage in any activity

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not related to the actual operation of a motor vehicle in a manner that interferes with the safe

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operation of such vehicle on any highway.

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     SECTION 2. This act shall take effect upon passage.

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LC00420

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE TELEPHONE USE

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     This act would make unlawful the use of a non-hands-free mobile telephone while

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operating a motor vehicle, except for public safety personnel.

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     This act would take effect upon passage.

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LC00420

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