law25402

Chapter 402

2025 -- S 0576 SUBSTITUTE A
Enacted 07/02/2025

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

Introduced By: Senators Sosnowski, Raptakis, Tikoian, McKenney, and Burke

Date Introduced: February 26, 2025

It is enacted by the General Assembly as follows:

SECTION 1. Sections 31-22-30 and 31-22-31 of the General Laws in Chapter 31-22

entitled "Miscellaneous Rules" are hereby amended to read as follows:

31-22-30. Text messaging while operating a motor vehicle Distracted driving

prohibited 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 mobile devices and personal digital assistants (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, or for any other purpose while driving a motor vehicle on

any public street or public highway within the state of Rhode Island. except for:

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)(b)(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. while the handset is mounted or otherwise affixed

to the vehicle to allow for hands-free operation; or

(5) The use of a personal wireless communication device in a hands-free manner, with a

hands-free accessory, or with the activation or deactivation of a feature or function of the personal

wireless communication device with the motion of a single swipe or tap of the finger of the driver.

(d)(c) Nothing in this section shall be construed to prohibit a person 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.

(e)(d) 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.

(e) If the offending operator elects to dispose of the charge without personally appearing

before the traffic tribunal, then in accordance with the provisions of § 31-41.1-3, the operator shall

execute the form indicated and return it to the traffic tribunal not later than twenty (20) days from

the date of the summons, either by mailing or delivering the form and summons, to the violation

section of the traffic tribunal, or to its designee, together with a check or money order in the amount

indicated by the fine schedule on the form in addition to any technology surcharge applied by the

traffic tribunal assessed in accordance with § 8-15-11.

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) “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.

(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.

(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.

(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 § 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.

fined not more than one hundred dollars ($100); 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.

(d) If the offending operator elects to dispose of the charge without personally appearing