2020 -- H 7481 | |
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LC004341 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES | |
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Introduced By: Representatives Knight, Millea, Shanley, McKiernan, and Jacquard | |
Date Introduced: February 06, 2020 | |
Referred To: House Judiciary | |
(Judiciary/Courts) | |
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 Use of wireless handset |
4 | while operating a motor vehicle. |
5 | (a) For purposes of this section, the following terms shall have the following meanings: |
6 | (1) "Driving" means operating a motor vehicle on a public road, including operation |
7 | while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does |
8 | not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an |
9 | active roadway and has stopped in a location where it can safely remain stationary. |
10 | (2) "Hands free" means the manner in which a wireless handset is operated for the |
11 | purpose of composing, reading, or sending text messages by using an internal feature or function, |
12 | or through an attachment or addition, including, but not limited to, an earpiece, headset, remote |
13 | microphone, or short-range wireless connection, thereby allowing the user to operate said device |
14 | without the use of hands, except to activate, deactivate, or initiate a feature or function thereof |
15 | holding the wireless handset in his or her hand. |
16 | (3) "Inoperability" means a motor vehicle that is incapable of being operated or being |
17 | operated in a safe and prudent manner due to mechanical failure, including, but not limited to, |
18 | engine overheating or tire failure. |
19 | (4) "Motor vehicle" means any vehicle that is self-propelled by a motor, including, but |
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1 | not limited to: automobiles, trucks, vans, construction vehicles, etc. |
2 | (5) "Person" means any natural person, corporation, unincorporated association, firm, |
3 | partnership, joint venture, joint stock association, or other entity or business organization of any |
4 | kind. |
5 | (6) "Personal wireless communication device" means a hand-held device through which |
6 | personal wireless services (commercial mobile services, unlicensed wireless services, and |
7 | common carrier wireless exchange access services) are transmitted, but does not include a an |
8 | integral or fixed, mounted global navigation satellite receiver used for positioning, emergency |
9 | notification, or navigation purposes. |
10 | (7) "Stopped" means not in motion. |
11 | (8) "Text message," also referred to as short messaging service (SMS), means the process |
12 | by which users send, read, or receive messages on a wireless handset, including text messages, |
13 | instant messages, electronic messages, or e-mails, in order to communicate with any person or |
14 | device. |
15 | (9) "Use" means to operate a wireless handset or a personal wireless communication |
16 | device in a manner not consistent with hands-free operation. |
17 | (10) "Wireless handset" means a portable electronic or computing device, including |
18 | cellular mobile telephones and personal digital assistants (PDAs), used for communication and |
19 | capable of transmitting data in the form of a text message. |
20 | (b) No person shall use hold a wireless handset or personal wireless communication |
21 | device to compose, read, or send text messages while driving a motor vehicle on any public street |
22 | or public highway within the state of Rhode Island. except for: |
23 | (c) Notwithstanding the provisions of subsection (b), this section shall not be construed to |
24 | prohibit the use of any wireless handset or personal wireless communication device by: |
25 | (1) Any law enforcement, public safety or police officers, emergency services officials, |
26 | first aid, emergency medical technicians and personnel, and fire safety officials in the |
27 | performance of duties arising out of, and in the course of, their employment as such; |
28 | (2) A person using a wireless handset to contact an individual listed in subsection (c)(b) |
29 | (1); |
30 | (3) A person using a wireless handset or personal wireless communication device inside a |
31 | motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the |
32 | flow of traffic, in accordance with applicable laws, rules, or ordinances, or is stopped due to the |
33 | inoperability of such motor vehicle; or |
34 | (4) A person activating, viewing, or deactivating a global positioning or navigation |
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1 | device or a global positioning or navigation application while the handset is mounted or otherwise |
2 | affixed to the vehicle to allow for hands-free operation. |
3 | (d)(c) Nothing in this section shall be construed to prohibit a person driving a motor |
4 | vehicle from utilizing a hands-free wireless handset. |
5 | The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is |
6 | prohibited. |
7 | (e)(d) Any person who violates any of the provisions of this section shall, upon |
8 | conviction, be subject to a fine of one hundred dollars ($100), or a license suspension for up to |
9 | thirty (30) days, or both; for a second conviction a person shall be subject to a fine of one hundred |
10 | fifty dollars ($150), or a license suspension for up to three (3) months, or both; and for a third or |
11 | subsequent conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a |
12 | license suspension for up to six (6) months, or both. All violations arising out of this section shall |
13 | be heard in the Rhode Island traffic tribunal. |
14 | SECTION 2. This act shall take effect upon passage. |
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LC004341 | |
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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 provide that the permissive use of a wireless communication device for |
2 | the purpose of navigation of a motor vehicle shall only be applicable in cases where the device is |
3 | mounted or otherwise affixed to the vehicle and not held in the motorist's hand. |
4 | This act would take effect upon passage. |
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LC004341 | |
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