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. |
======== |
LC005071/SUB A |
======== |