2014 -- S 2591 SUBSTITUTE A

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LC004252/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: Senators Archambault, DiPalma, Satchell, Raptakis, and Lombardi

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     (Transportation)

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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of fifty dollars ($50.00).

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

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shall be evidence on negligence.

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

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

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

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

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

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eighteen (18) years of age.

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

 

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

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

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fifty dollars ($50.00).

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

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

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birthday.

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

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

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

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

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

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

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

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

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

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      (4)(5) "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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      (6) "Personal wireless communication device" means a hand-held device through which

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

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

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

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

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

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

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

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communicate with any person or device.

 

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

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device in one's hands.

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

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to compose, read, or send text messages while operating driving a motor vehicle on any public

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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 or personal wireless communication device 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 or wireless device to contact an individual listed

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in subsection (c) (1); or

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        (3) A person using a wireless handset or personal wireless communication device inside

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a motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the

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flow of traffic, in accordance with applicable laws, rules or ordinances, or is stopped due to the

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inoperability of such motor vehicle.

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

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motor 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 a person shall be

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

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

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

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     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

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

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

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guidelines.

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     This act would take effect upon passage.

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