Chapter 214
2009 -- H 5150 SUBSTITUTE A
Enacted 11/09/09
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES
Introduced By: Representatives Kilmartin, McNamara, and Giannini
Date Introduced: January 27, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Chapter 31-22 of the General Laws entitled
"Miscellaneous Rules" is
hereby amended by adding thereto the following section:
31-22-30.
Text messaging while operating a motor vehicle. --
(a) For purposes of this
section, the following terms shall have the following
meanings:
(1) “Hands Free”
means the manner in which a wireless handset is operated for the
purpose of composing, reading or sending text messages, by
using an internal feature or function,
or through an attachment or addition, including but not
limited to, an earpiece, headset, remote
microphone or short range wireless connection, thereby allowing
the user to operate said device
without the use of hands.
(2) “Inoperability”
means a motor vehicle that is incapable of being operated or being
operated in a safe and prudent manner due to mechanical
failure, including but not limited to,
engine overheating or tire failure.
(3) “Motor Vehicle”
means any vehicle that is self-propelled by a motor, including but
not limited to, automobiles, trucks, vans, construction
vehicles, etc.
(4) “Person” means
any natural person, corporation, unincorporated association, firm,
partnership, joint venture, joint stock association or other
entity or business organization of any
kind.
(5) “Stopped” means
not in motion.
(6) “Text Message”,
also referred to as short messaging service (SMS) means the process
by which users send, read, or receive messages on a
wireless handset, including but not limited to,
text messages, instant messages, electronic messages or
e-mails, in order to communicate with
any person or device.
(7) “Use” means to
hold a wireless handset in one’s hands.
(8) “Wireless
Handset” means a portable electronic or computing device, including
cellular telephones and digital personal assistants (PDAs),
capable of transmitting data in the
form of a text message.
(b) No person shall
use a wireless handset to compose, read or send text messages while
operating a motor vehicle on any public street or public
highway within the state of
(c) Notwithstanding
the provisions of subsection (b), this section shall not be construed
to prohibit the use of any wireless handset by:
(1) Any law
enforcement, public safety or police officers, emergency services officials,
first aid, emergency medical technicians and personnel, and
fire safety officials in the
performance of duties arising out of and in the course of their
employment as such;
(2) A person using a
wireless handset to contact an individual listed in subsection (c)(1);
or
(3) A person using a
wireless handset inside a motor vehicle while such motor vehicle is
parked, standing or stopped and is removed from the flow of
traffic, in accordance with
applicable laws, rules or ordinances, or is stopped due to the
inoperability of such motor vehicle.
(d) Nothing in this
section shall be construed to prohibit a person operating a motor
vehicle from utilizing a hands-free wireless handset.
(e) Any person who
violates any of the provisions of this section shall, upon conviction,
be subject to a fine of eighty-five dollars ($85.00);
for a second conviction shall be subject to a
fine of one hundred dollars ($100.00); and for a third or
subsequent conviction a person shall be
subject to a fine of one hundred twenty-five dollars ($125).
All violations arising out of this
section shall be heard in the
SECTION 2. This act shall take effect upon passage.
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LC00512/SUB A/2
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