2020 -- S 2450 | |
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LC004318 | |
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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: Senators Sosnowski, Coyne, Raptakis, Lombardi, and McKenney | |
Date Introduced: February 13, 2020 | |
Referred To: Senate Judiciary | |
(Judiciary) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 31-22-31 of the General Laws in Chapter 31-22 entitled |
2 | "Miscellaneous Rules" is hereby amended to read as follows: |
3 | 31-22-31. Mobile telephone usage by motor vehicle operators. |
4 | (a) For purposes of this section, the following terms shall have the following meanings: |
5 | (1) "Engage in a call" means talking into or listening on a hand-held personal wireless |
6 | communication device, but does not include holding a hand-held personal wireless |
7 | communication device to activate, deactivate, or initiate a function of such telephone. |
8 | (2) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a |
9 | personal wireless communication device, whether or not permanently installed in a motor vehicle, |
10 | that, when used, allows the vehicle operator to maintain both hands on the steering wheel. |
11 | (3) "Hands-free personal wireless communication device" means a hand-held personal |
12 | wireless communication device that has an internal feature or function, or that is equipped with an |
13 | attachment or addition, whether or not permanently part of such hand-held personal wireless |
14 | communication device, by which a user engages in a call without the use of either hand, whether |
15 | or not the use of either hand is necessary to activate, deactivate, or initiate a function of such |
16 | telephone. |
17 | (4) "Hand-held personal wireless communication device" means a personal wireless |
18 | communication device with which a user engages in a call using at least one hand. |
19 | (5) "Immediate proximity" means the distance that permits the operator of a hand-held |
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1 | personal wireless communication device to hear telecommunications transmitted over such hand- |
2 | held personal wireless communication device, but does not require physical contact with such |
3 | operator's ear. |
4 | (6) "Mobile telephone" means a personal wireless communication device, analog, |
5 | wireless, or digital telephone capable of sending or receiving telephone communication without |
6 | an access line for service. |
7 | (7) "Public utility" means a business that provides electricity, natural gas, water, and |
8 | communications and other information services to residential and commercial customers. |
9 | (8) "Using" or "use" means holding a hand-held personal wireless communication device |
10 | to, or in the immediate proximity of, the user's ear. |
11 | (b)(1) Except as otherwise provided in this section, no person shall operate a motor |
12 | vehicle while using a hand-held personal wireless communication device to engage in a call while |
13 | such vehicle is in motion. |
14 | (2) An operator of a motor vehicle who holds a hand-held personal wireless |
15 | communication device to, or in the immediate proximity of, the operator's ear while such vehicle |
16 | is in motion is presumed to be engaging in a call within the meaning of this section. The |
17 | presumption established by this subdivision is rebuttable by evidence tending to show that the |
18 | operator was not engaged in a call. |
19 | (3) The provisions of this section shall not be construed as authorizing the seizure or |
20 | forfeiture of a hand-held personal wireless communication device, unless otherwise provided by |
21 | law. |
22 | (4) Subsection (b)(1) of this section shall not apply to: |
23 | (i) The use of a hand-held personal wireless communication device for the sole purpose |
24 | of communicating with any of the following regarding an emergency situation: an emergency |
25 | response operator; a hospital, physician's office or health clinic; an ambulance company; a fire |
26 | department; a police department; or a public utility; or |
27 | (ii) Any of the following persons while in the performance of their official duties and |
28 | within the scope of their employment: a peace officer, as defined in ยง 12-7-21, a firefighter or an |
29 | operator of an ambulance or authorized emergency vehicle, or the operator of a taxi cab, tow |
30 | truck, or bus without passengers; or employees or agents of a public utility; or |
31 | (iii) The use of a hands-free personal wireless communication device. |
32 | (c) Any person who violates the provisions of subsection (b)(1) of this section shall be |
33 | fined not more than one hundred dollars ($100); except that provided, however, until September |
34 | 1, 2020, the fine shall be suspended for a first-time violator who provides proof of acquisition of |
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1 | a hands-free accessory subsequent to the violation, but prior to the imposition of a fine. |
2 | SECTION 2. This act shall take effect upon passage. |
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LC004318 | |
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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 sunset the provision which allows first-time violators to avoid the fine by |
2 | presenting proof of acquisition of a hands-free device prior to the imposition of the fine effective |
3 | September 1, 2020. |
4 | This act would take effect upon passage. |
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LC004318 | |
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