Chapter 291
2013 -- H 5675 SUBSTITUTE A
Enacted 07/15/13
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES
Introduced By: Representative Patricia A. Serpa
Date Introduced: February 27, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 31-22-30 of the General Laws in Chapter
31-22 entitled
"Miscellaneous
Rules" is hereby amended to read as follows:
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),
or a license suspension for up to thirty (30)
days, or both;
for a second conviction shall be subject to a fine of one hundred dollars
($100), or a
license suspension for up to three (3) months, or both; and for a third or subsequent conviction a
person shall be subject to a fine of one hundred twenty-five
dollars ($125), or a license
suspension for up to six (6) months, or both. All violations arising out of this section shall be
heard in the Rhode Island Traffic Tribunal.
SECTION 2. This act shall take effect upon passage and apply
to violations occurring on
or after July 1, 2013.
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LC01315/SUB A
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