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2013 -- S 0546 | |
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LC01316 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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____________ | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES | |
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Introduced By: Senators Sosnowski, and Lombardo | |
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Date Introduced: February 28, 2013 | |
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Referred To: Senate Judiciary | |
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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 a fine of eighty-five dollars ($85.00); for a second conviction shall be subject to a |
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fine of one hundred dollars ($100), or a license suspension for up to three (3) months, or both; |
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and for a third or subsequent conviction a person shall be subject to a fine of one hundred twenty- |
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five dollars ($125), or a license suspension for up to six (6) months, or both. All violations arising |
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out of this section shall be heard in the Rhode Island Traffic Tribunal. |
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SECTION 2. This act shall take effect upon passage and apply to violations occurring on |
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or after July 1, 2013. |
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LC01316 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES | |
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This act would increase the penalty for second or subsequent violations of the offense of |
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texting while driving to include the suspension of an operator's driving license in the discretion of |
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the Rhode Island traffic tribunal in addition to a monetary fine. |
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This act would take effect upon passage and apply to violations occurring on or after July |
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1, 2013. |
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LC01316 | |
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