2013 -- S 0546 SUBSTITUTE A

=======

LC01316/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES

     Introduced By: Senators Sosnowski, and Lombardo

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

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

1-2

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

1-3

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

1-4

section, the following terms shall have the following meanings:

1-5

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

1-6

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

1-7

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

1-8

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

1-9

without the use of hands.

1-10

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

1-11

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

1-12

engine overheating or tire failure.

1-13

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

1-14

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

1-15

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

1-16

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

1-17

kind.

1-18

      (5) "Stopped" means not in motion.

1-19

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

1-20

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

2-1

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

2-2

any person or device.

2-3

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

2-4

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

2-5

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

2-6

form of a text message.

2-7

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

2-8

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

2-9

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

2-10

to prohibit the use of any wireless handset by:

2-11

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

2-12

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

2-13

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

2-14

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

2-15

or

2-16

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

2-17

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

2-18

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

2-19

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

2-20

vehicle from utilizing a hands-free wireless handset.

2-21

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

2-22

be subject to a fine of eighty-five dollars ($85.00), or a license suspension for up to thirty (30)

2-23

days, or both; for a second conviction shall be subject to a fine of one hundred dollars ($100), or a

2-24

license suspension for up to three (3) months, or both; and for a third or subsequent conviction a

2-25

person shall be subject to a fine of one hundred twenty-five dollars ($125), or a license

2-26

suspension for up to six (6) months, or both. All violations arising out of this section shall be

2-27

heard in the Rhode Island Traffic Tribunal.

2-28

     SECTION 2. This act shall take effect upon passage and apply to violations occurring on

2-29

or after July 1, 2013.

=======

LC01316/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES

***

3-1

     This act would increase the penalties for violations of the offense of texting while driving

3-2

to include the suspension of an operator's license in the discretion of the Rhode Island traffic

3-3

tribunal.

3-4

     This act would take effect upon passage, and would apply to violations occurring on or

3-5

after July 1, 2013.

=======

LC01316/SUB A

=======