2014 -- S 2591 SUBSTITUTE A
Enacted 07/01/14
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES
Introduced By: Senators Archambault, DiPalma, Satchell, Raptakis, and Lombardi
Date Introduced: March 04, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-22-11.8, 31-22-11.9 and 31-22-30 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" are hereby amended to read as follows:
31-22-11.8. Unauthorized use of cell phones on school bus Unauthorized use of personal
wireless communication devices on a school bus. -- (a) The use of
a cell phone personal
wireless communications device by a school bus driver shall be
prohibited, while the bus is transporting children, except in the case
of an emergency.
(b) Any person who violates any of the provisions of subsection (a) of this section shall, upon conviction, be punished by a fine of fifty dollars ($50.00).
(c) For a subsequent conviction under this section, a person shall be punished by a fine of fifty dollars ($50.00).
(d) If any civil action is brought as a result of a violation of this section, the violation shall be evidence on negligence.
31-22-11.9. Use of cell phones by minors while operating motor vehicles
prohibited
Use of personal wireless communications devices by minors while operating motor
vehicles is prohibited. -- (a) The use of a cell phone personal
wireless communication device by a minor, while said the
minor is operating a motor vehicle shall be prohibited, except in the case of
an emergency. For purposes of this section, the term “minor” shall include any
person less than eighteen (18) years of age.
(b) Any person who violates any of the provisions of subsection (a) of this section shall, upon conviction, be punished by a fine of fifty dollars ($50.00).
(c) For a second conviction under this section, a person shall be punished by a fine of fifty dollars ($50.00).
(d) For a third or subsequent conviction, a person shall be punished by a fine of one hundred dollars ($100) and/or loss of license until the user reaches his/her eighteenth (18th) birthday.
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) "Driving" means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.
(1)(2) "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, except to activate, deactivate, or initiate a feature or function thereof.
(2)(3) "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)(4) "Motor Vehicle" means any vehicle
that is self-propelled by a motor, including but not limited to, automobiles,
trucks, vans, construction vehicles, etc.
(4)(5) "Person" means any natural person,
corporation, unincorporated association, firm, partnership, joint venture,
joint stock association, or other entity or business organization of any
kind.
(6) "Personal wireless communication device" means a hand-held device through which personal wireless services (commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services) are transmitted, but does not include a global navigation satellite receiver used for positioning, emergency notification, or navigation purposes.
(5)(7) "Stopped" means not in motion.
(7)(8)
"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.
(8)(9)
"Use" means to hold a wireless handset or
a personal wireless communication device in one's hands.
(9)(10)
"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 or personal wireless
communication device to compose, read, or send text messages
while operating driving a motor vehicle on any public street or
public highway within the state of Rhode Island.
(c) Notwithstanding the provisions of subsection (b), this section shall not be construed to prohibit the use of any wireless handset or personal wireless communication device 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 or wireless device to contact an individual listed in subsection (c) (1); or
(3) A person using a wireless handset or personal wireless communication device 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
driving 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 a person shall be subject to a
fine of one hundred dollars ($100); 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 Rhode Island Ttraffic
Ttribunal.
SECTION 2. This act shall take effect upon passage.
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LC004252/SUB A
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