2017 -- H 5150 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

     

     Introduced By: Representatives Kennedy, Edwards, Keable, Jacquard, and Craven

     Date Introduced: January 19, 2017

     Referred To: House Judiciary

     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.

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     (a) For purposes of 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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     (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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     (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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     (4) "Motor vehicle" means any vehicle that is self-propelled by a motor, including but not

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limited to, automobiles, trucks, vans, construction vehicles, etc.

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

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     (8) "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

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

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with any person or device.

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

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device in a manner not consistent with hands-free operation.

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     (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 to

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

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highway within the state of Rhode Island.

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

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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 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 or personal wireless communication device inside a

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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. ; or

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     (4) A person activating, viewing or deactivating a global positioning or navigation device

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or a global positioning or navigation application.

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     (d) Nothing in this section shall be construed to prohibit a person, other than a pilot/escort

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vehicle driver, driving a motor vehicle from utilizing a hands-free wireless handset.

 

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     The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is

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prohibited except to communicate hazard-related information to the escorted vehicle.

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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 one hundred dollars ($100), or a license suspension for up to thirty (30)

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days, or both; for a second conviction a person shall be subject to a fine of one hundred fifty

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dollars ($150), or a license suspension for up to three (3) months, or both; and for a third or

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subsequent conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a

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

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be heard in the Rhode Island traffic tribunal.

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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 provide for an exception to the prohibition on texting while driving for

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any person activating, viewing or deactivating a global positioning device or navigation

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application.

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     This act would take effect upon passage.

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