Chapter 308
2017 -- H 5182
Enacted 09/27/2017

A N   A C T
RELATING TO MOTOR AND OTHER VEHICLES -- MOBILE TELEPHONE USE

Introduced By: Representatives Fogarty, Tanzi, Regunberg, Carson, and Maldonado
Date Introduced: January 19, 2017

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:
     31-22-31. Mobile telephone usage by motor vehicle operators.
     (a) For purposes of this section, the following terms shall have the following meanings:
     (1) "Engage in a call" means talking into or listening on a hand-held personal wireless
communication device, but does not include holding a hand-held personal wireless
communication device to activate, deactivate, or initiate a function of such telephone.
     (2) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a
personal wireless communication device, whether or not permanently installed in a motor vehicle,
that, when used, allows the vehicle operator to maintain both hands on the steering wheel.
     (3) "Hands-free personal wireless communication device" means a hand-held personal
wireless communication device that has an internal feature or function, or that is equipped with an
attachment or addition, whether or not permanently part of such hand-held personal wireless
communication device, by which a user engages in a call without the use of either hand, whether
or not the use of either hand is necessary to activate, deactivate, or initiate a function of such
telephone.
     (4) "Hand-held personal wireless communication device" means a personal wireless
communication device with which a user engages in a call using at least one hand.
     (5) "Immediate proximity" means the distance that permits the operator of a hand-held
personal wireless communication device to hear telecommunications transmitted over such hand-
held personal wireless communication device, but does not require physical contact with such
operator's ear.
     (6) "Mobile telephone" means a personal wireless communication device, analog,
wireless, or digital telephone capable of sending or receiving telephone communication without
an access line for service.
     (7) "Public utility" means a business that provides electricity, natural gas, water, and
communications and other information services to residential and commercial customers.
     (8) "Using" or "use" means holding a hand-held personal wireless communication device
to, or in the immediate proximity of, the user's ear.
     (b)(1) Except as otherwise provided in this section, no person shall operate a motor
vehicle, while using a hand-held personal wireless communication device to engage in a call
while such vehicle is in motion.
     (2) An operator of a motor vehicle who holds a hand-held personal wireless
communication device to, or in the immediate proximity of, the operator's ear while such vehicle
is in motion is presumed to be engaging in a call within the meaning of this section. The
presumption established by this subdivision is rebuttable by evidence tending to show that the
operator was not engaged in a call.
     (3) The provisions of this section shall not be construed as authorizing the seizure or
forfeiture of a hand-held personal wireless communication device, unless otherwise provided by
law.
     (4) Subsection (b)(1) of this section shall not apply to:
     (i) The use of a hand-held personal wireless communication device for the sole purpose
of communicating with any of the following regarding an emergency situation: an emergency
response operator; a hospital, physician's office or health clinic; an ambulance company; a fire
department; a police department; or a public utility; or
     (ii) Any of the following persons while in the performance of their official duties and
within the scope of their employment: a peace officer, as defined in ยง12-7-21, a firefighter or an
operator of an ambulance or authorized emergency vehicle, or the operator of a taxi cab, tow
truck, or bus without passengers; or employees or agents of a public utility; or
     (iii) The use of a hands-free personal wireless communication device.
     (c) Any person who violates the provisions of subsection (b)(1) of this section shall be
fined not more than one hundred dollars ($100) except that the fine shall be suspended for a first-
time violator, who provides proof of acquisition of a hands-free accessory subsequent to the
violation, but prior to the imposition of a fine.
     SECTION 2. This act shall take effect on June 1, 2018.
========
LC000049
========