2017 -- H 5152 | |
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LC000643 | |
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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 | |
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Introduced By: Representatives Lima, Kennedy, Casimiro, Vella-Wilkinson, and Fellela | |
Date Introduced: January 19, 2017 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 31-22-30 of the General Laws in Chapter 31-22 entitled |
2 | “Miscellaneous Rules” is hereby amended to read as follows: |
3 | 31-22-30. Text messaging while operating a motor vehicle. |
4 | (a) For purposes of this section, the following terms shall have the following meanings: |
5 | (1) "Driving" means operating a motor vehicle on a public road, including operation |
6 | while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does |
7 | not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an |
8 | active roadway and has stopped in a location where it can safely remain stationary. |
9 | (2) "Hands free" means the manner in which a wireless handset is operated for the |
10 | purpose of composing, reading, or sending text messages by using an internal feature or function, |
11 | or through an attachment or addition, including, but not limited to, an earpiece, headset, remote |
12 | microphone, or short-range wireless connection, thereby allowing the user to operate said device |
13 | without the use of hands, except to activate, deactivate, or initiate a feature or function thereof. |
14 | (3) "Inoperability" means a motor vehicle that is incapable of being operated or being |
15 | operated in a safe and prudent manner due to mechanical failure, including, but not limited to, |
16 | engine overheating or tire failure. |
17 | (4) "Motor vehicle" means any vehicle that is self-propelled by a motor, including but not |
18 | limited to, automobiles, trucks, vans, construction vehicles, etc. |
19 | (5) "Person" means any natural person, corporation, unincorporated association, firm, |
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1 | partnership, joint venture, joint stock association, or other entity or business organization of any |
2 | kind. |
3 | (6) "Personal wireless communication device" means a hand-held device through which |
4 | personal wireless services (commercial mobile services, unlicensed wireless services, and |
5 | common carrier wireless exchange access services) are transmitted, but does not include a global |
6 | navigation satellite receiver used for positioning, emergency notification, or navigation purposes. |
7 | (7) "Stopped" means not in motion. |
8 | (8) "Text message", also referred to as short messaging service (SMS), means the process |
9 | by which users send, read, or receive messages on a wireless handset, including, but not limited |
10 | to, text messages, instant messages, electronic messages, or e-mails, in order to communicate |
11 | with any person or device. |
12 | (9) "Use" means to operate a wireless handset or a personal wireless communication |
13 | device in a manner not consistent with hands-free operation. |
14 | (10) "Wireless handset" means a portable electronic or computing device, including |
15 | cellular telephones and digital personal assistants (PDAs), capable of transmitting data in the |
16 | form of a text message. |
17 | (b) No person shall use a wireless handset or personal wireless communication device to |
18 | compose, read, or send text messages while driving a motor vehicle on any public street or public |
19 | highway within the state of Rhode Island. |
20 | (c) Notwithstanding the provisions of subsection (b), this section shall not be construed to |
21 | prohibit the use of any wireless handset or personal wireless communication device by: |
22 | (1) Any law enforcement, public safety or police officers, emergency services officials, |
23 | first aid, emergency medical technicians and personnel, and fire safety officials in the |
24 | performance of duties arising out of, and in the course of, their employment as such; |
25 | (2) A person using a wireless handset to contact an individual listed in subsection (c)(1); |
26 | or |
27 | (3) A person using a wireless handset or personal wireless communication device inside a |
28 | motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the |
29 | flow of traffic, in accordance with applicable laws, rules, or ordinances, or is stopped due to the |
30 | inoperability of such motor vehicle. |
31 | (d) Nothing in this section shall be construed to prohibit a person, other than a pilot/escort |
32 | vehicle driver, driving a motor vehicle from utilizing a hands-free wireless handset. |
33 | The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is |
34 | prohibited except to communicate hazard-related information to the escorted vehicle. |
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1 | (e) Any person who violates any of the provisions of this section shall, upon conviction, |
2 | be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) |
3 | days, or both; for a second conviction a person shall be subject to a fine of one hundred fifty |
4 | dollars ($150), or a license suspension for up to three (3) months, or both; and for a third or |
5 | subsequent conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a |
6 | license suspension for up to six (6) months, or both. All violations arising out of this section shall |
7 | be heard in the Rhode Island traffic tribunal. |
8 | (f) Nothing in this section shall be construed to prohibit a person from utilizing a wireless |
9 | handset or personal wireless communication device for initiating a telephone call or from |
10 | utilizing any global positioning system (GPS) or navigation device or application. |
11 | SECTION 2. This act shall take effect upon passage. |
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LC000643 | |
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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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1 | This act would amend the law prohibiting texting while operating a motor vehicle in |
2 | order to clarify that drivers are permitted to make phone calls or use GPS navigation tools and |
3 | applications. |
4 | This act would take effect upon passage. |
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LC000643 | |
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