2014 -- H 7683 SUBSTITUTE A

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LC004451/SUB A

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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: Representatives Johnston, and Hull

     Date Introduced: February 27, 2014

     Referred To: House Judiciary

     (Transportation)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-22-11.8, 31-22-11.9 and 31-22-30 of the General Laws in

Chapter 31-22 entitled "Miscellaneous Rules" are hereby amended to read as follows:

     31-22-11.8. Unauthorized use of cell phones on school bus Unauthorized use of

personal wireless communication devices on a school bus. -- (a) The use of a cell phone

personal wireless communications device by a school bus driver shall be prohibited, while the bus

is transporting children, except in the case of an emergency.

      (b) Any person who violates any of the provisions of subsection (a) of this section shall,

upon conviction, be punished by a fine of fifty dollars ($50.00).

      (c) For a subsequent conviction under this section, a person shall be punished by a fine

of fifty dollars ($50.00).

      (d) If any civil action is brought as a result of a violation of this section, the violation

shall be evidence on negligence.

      31-22-11.9. Use of cell phones by minors while operating motor vehicles prohibited

Use of personal wireless communications devices by minors while operating motor vehicles

is prohibited. -- (a) The use of a cell phone personal wireless communication device by a minor,

while said the minor is operating a motor vehicle shall be prohibited, except in the case of an

emergency. For purposes of this section, the term “minor” shall include any person less than

eighteen (18) years of age.

      (b) Any person who violates any of the provisions of subsection (a) of this section shall,

upon conviction, be punished by a fine of fifty dollars ($50.00).

      (c) For a second conviction under this section, a person shall be punished by a fine of

fifty dollars ($50.00).

      (d) For a third or subsequent conviction, a person shall be punished by a fine of one

hundred dollars ($100) and/or loss of license until the user reaches his/her eighteenth (18th)

birthday.

        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) "Driving" means operating a motor vehicle on a public road, including operation

while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does

not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an

active roadway and has stopped in a location where it can safely remain stationary.

      (1)(2) "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, except to activate, deactivate, or initiate a feature or function thereof.

      (2)(3) "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)(4) "Motor Vehicle" means any vehicle that is self-propelled by a motor, including

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

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

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

kind.

      (6) "Personal wireless communication device" means a hand-held device through which

personal wireless services (commercial mobile services, unlicensed wireless services, and

common carrier wireless exchange access services) are transmitted, but does not include a global

navigation satellite receiver used for positioning, emergency notification, or navigation purposes.

       (5)(7) "Stopped" means not in motion.

       (7)(8) "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.

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       (8)(9) "Use" means to hold a wireless handset or a personal wireless communication

device in one's hands.

       (9)(10) "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 or personal wireless communication device

to compose, read, or send text messages while operating driving 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 or personal wireless communication device 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 or wireless device to contact an individual listed

in subsection (c) (1); or

        (3) A person using a wireless handset or personal wireless communication device 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 driving 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); for a second conviction a person shall be

subject to a fine of one hundred dollars ($100); and for a third or subsequent conviction a person

shall be subject to a fine of one hundred twenty-five dollars ($125). All violations arising out of

this section shall be heard in the Rhode Island Ttraffic Ttribunal.

     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 substitute the words "personal wireless communication devices" in place

of the words "cell phones", and would prohibit the use of a personal wireless communication

device while driving a motor vehicle or school bus. This act would align state law with federal

guidelines.

     This act would take effect upon passage.

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