Chapter 180
2022 -- S 2793 SUBSTITUTE A
Enacted 06/27/2022

A N   A C T
RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

Introduced By: Senator V. Susan Sosnowski

Date Introduced: March 24, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 31-22-31 of the General Laws in Chapter 31-22 entitled
"Miscellaneous Rules" is hereby amended to read as follows:
     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) (3) "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) (4) "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) (2) "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 ยง 12-7-21, 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 fined not more than one hundred dollars ($100);
except that provided, however, until January 1, 2023, 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 upon passage.
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LC005071/SUB A
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