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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

     

     Introduced By: Representatives Noret, and Craven

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-22-30 of the General Laws in Chapter 31-22 entitled

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"Miscellaneous Rules" is hereby amended to read as follows:

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     31-22-30. Text messaging while operating a motor vehicle Distracted driving

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prohibited while operating a motor vehicle.

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     (a) For purposes of this section, the following terms shall have the following meanings:

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     (1) "Driving" means operating a motor vehicle on a public road, including operation while

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temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does not

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include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active

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roadway and has stopped in a location where it can safely remain stationary.

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     (2) "Hands free" means the manner in which a wireless handset is operated for the purpose

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of composing, reading, or sending text messages by using an internal feature or function, or through

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an attachment or addition, including, but not limited to, an earpiece, headset, remote microphone,

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or short-range wireless connection, thereby allowing the user to operate said device without the use

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of hands, except to activate, deactivate, or initiate a feature or function thereof.

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     (3) "Inoperability" means a motor vehicle that is incapable of being operated or being

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operated in a safe and prudent manner due to mechanical failure, including, but not limited to,

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engine overheating or tire failure.

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     (4) "Motor vehicle" means any vehicle that is self-propelled by a motor, including, but not

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limited to: automobiles, trucks, vans, construction vehicles, etc.

 

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     (5) "Operate" means the act of activating the wireless handset to transmit electronic data

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or to display any image or information on the wireless handset's screen.

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     (5)(6) "Person" means any natural person, corporation, unincorporated association, firm,

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partnership, joint venture, joint stock association, or other entity or business organization of any

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kind.

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     (6)(7) "Personal wireless communication device" means a hand-held device through which

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personal wireless services (commercial mobile services, unlicensed wireless services, and common

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carrier wireless exchange access services) are transmitted, but does not include a global navigation

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satellite receiver used for positioning, emergency notification, or navigation purposes.

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     (7)(8) "Stopped" means not in motion.

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     (8) "Text message," also referred to as short messaging service (SMS), means the process

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by which users send, read, or receive messages on a wireless handset, including text messages,

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instant messages, electronic messages, or e-mails, in order to communicate with any person or

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device.

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     (9) "Use" means to operate a wireless handset or a personal wireless communication device

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in a manner not consistent with hands-free operation.

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     (10)(9) "Wireless handset" means a portable electronic or computing device, including

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cellular mobile telephones and personal digital assistants (PDAs), capable of transmitting data in

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the form of a text message.

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     (b) No person shall use operate a wireless handset or personal wireless communication

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device to compose, read, or send text messages while driving a motor vehicle on any public street

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or public highway within the state State of Rhode Island except for:.

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     (c) Notwithstanding the provisions of subsection (b), this section shall not be construed to

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prohibit the use of any wireless handset or personal wireless communication device by:

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     (1) Any law enforcement, public safety or police officers, emergency services officials,

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first aid, emergency medical technicians and personnel, and fire safety officials in the performance

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of duties arising out of, and in the course of, their employment as such;

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     (2) A person using a wireless handset to contact an individual listed in subsection

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(c)(1)(b)(1);

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     (3) A person using a wireless handset or personal wireless communication device inside a

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motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the

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flow of traffic, in accordance with applicable laws, rules, or ordinances, or is stopped due to the

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inoperability of such motor vehicle; or

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     (4) A person activating, viewing, or deactivating a global positioning or navigation device

 

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or a global positioning or navigation application while the handset is mounted or otherwise

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electronically connected to the vehicle to allow for hands-free operation.

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     (d)(c) Nothing in this section shall be construed to prohibit a person driving a motor vehicle

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from utilizing a hands-free wireless handset.

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     The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is

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prohibited.

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     (e)(d) Any person who violates any of the provisions of this section shall, upon conviction,

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be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) days,

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or both; for a second conviction a person shall be subject to a fine of one hundred fifty dollars

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($150), or a license suspension for up to three (3) months, or both; and for a third or subsequent

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conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a license

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suspension for up to six (6) months, or both. All violations arising out of this section shall be heard

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in the Rhode Island traffic tribunal.

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     SECTION 2. This act shall take effect upon passage.

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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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     This act would clarify that the use of a wireless communication device for the purpose of

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navigation must be while the device is mounted or otherwise affixed to the vehicle and not held in

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the motorist’s hand.

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     This act would take effect upon passage.

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