| Chapter 034 |
| 2019 -- S 0785 Enacted 06/28/2019 |
| A N A C T |
| RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS |
| Introduced By: Senator V. Susan Sosnowski |
| Date Introduced: April 04, 2019 |
| 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) "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. |
| (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. |
| (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. |
| (4) "Motor vehicle" means any vehicle that is self-propelled by a motor, including, but |
| not limited to: automobiles, trucks, vans, construction vehicles, etc. |
| (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. |
| (7) "Stopped" means not in motion. |
| (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 text messages, |
| instant messages, electronic messages, or e-mails, in order to communicate with any person or |
| device. |
| (9) "Use" means to operate a wireless handset or a personal wireless communication |
| device in a manner not consistent with hands-free operation. |
| (10) "Wireless handset" means a portable electronic or computing device, including |
| cellular telephones and digital personal digital assistants (PDAs) (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 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 to contact an individual listed in subsection (c)(1); |
| (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; or |
| (4) A person activating, viewing, or deactivating a global positioning or navigation |
| device or a global positioning or navigation application. |
| (d) Nothing in this section shall be construed to prohibit a person, other than a pilot/escort |
| vehicle driver, driving a motor vehicle from utilizing a hands-free wireless handset. |
| The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is |
| prohibited except to communicate hazard-related information to the escorted vehicle. |
| (e) Any person who violates any of the provisions of this section shall, upon conviction, |
| be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) |
| days, or both; for a second conviction a person shall be subject to a fine of one hundred fifty |
| dollars ($150), 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 two hundred fifty dollars ($250), 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. |
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| LC002324 |
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