| 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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