2014 -- H 7498

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LC004131

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

     Introduced By: Representative Charlene Lima

     Date Introduced: February 13, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

section, the following terms shall have the following meanings:

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

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

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

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

without the use of hands.

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

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

engine overheating or tire failure.

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

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

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

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

kind.

      (5) "Stopped" means not in motion.

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

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

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

any person or device.

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

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

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

form of a text message.

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

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

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

to prohibit the use of any wireless handset by:

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

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

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

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

or

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

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

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

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

vehicle from utilizing a hands-free wireless handset.

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

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

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

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

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

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

heard in the Rhode Island Traffic Tribunal.

     (f) There shall be an additional mandatory requirement, upon conviction, that a device

which prevents text messaging and cell phone calls be installed in a defendant's vehicle(s). Said

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

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

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

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

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

     SECTION 2. This act shall take effect upon passage.

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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 add a mandatory requirement that, upon conviction, a device which

prevents text messaging and cell phone calls be installed in vehicles belonging to those convicted.

     This act would take effect upon passage.

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