2012 -- S 2416

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

     Introduced By: Senators Cote, Sosnowski, Lombardo, and Tassoni

     Date Introduced: February 15, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is

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hereby amended by adding thereto the following section:

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     31-22-31. Use of mobile telephone while driving – Presumption of negligence in a

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motor vehicle accident. – (a) For purposes of this section, the following terms shall have the

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following meanings:

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     (1) “Mobile telephone” means a cellular, analog, wireless, or digital telephone capable of

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sending or receiving telephone communications without an access line for service.

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     (2) “Using” or “use” means holding a mobile telephone to, or in the immediate proximity

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of, the user's ear.

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     (3) “Hand-held mobile telephone” means a mobile telephone with which a user engages

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in a call using at least one hand.

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     (4) “Hands-free mobile telephone” means a mobile telephone that has an internal feature

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or function, or that is equipped with an attachment or addition, whether or not permanently part of

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such mobile telephone, by which a user engages in a call without the use of either hand, whether

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or not the use of either hand is necessary to activate, deactivate or initiate a function of such

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telephone.

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     (5) “Engage in a call” means talking into or listening on a hand-held mobile telephone.

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     (b) Except as otherwise provided in this section, in any civil action in a Rhode Island

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state court that involves a claim for damages, whether to property or person, which damages are

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alleged to arise out of a motor vehicle accident, and it is determined by a preponderance of

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evidence that the operator of a motor vehicle involved in such motor vehicle accident was

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engaged in a call while using a hand-held mobile telephone at the time of said accident, said

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operator shall be presumed to be negligent in the operation of said motor vehicle and that said

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negligence was a proximate cause of the accident. The presumption established by this subsection

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may be rebutted by other evidence. The presumption shall not arise if the motor vehicle being

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operated by the user of the mobile telephone was stationary and not moving both immediately

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prior to and at the time of the accident.

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     (c) The provisions of this section shall not be construed as authorizing the seizure or

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forfeiture of a mobile telephone, unless otherwise provided by law.

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     (d) Subsection (b) of this section shall not apply to:

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     (1) The use of a mobile telephone for the sole purpose of communicating with any of the

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following regarding an emergency situation: an emergency response operator; a hospital,

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physician's office or health clinic; an ambulance company or corps; a fire department, district or

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company; or a police department;

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     (2) Any of the following persons while in the performance of their official duties: a

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peace officer as defined in section 12-7-21; a firefighter or an operator of an ambulance or

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authorized emergency vehicle; or the operator of a taxi cab, tow truck, or bus without passengers;

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or

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     (3) The use of a hands-free mobile telephone.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES

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     This act would create a rebuttable presumption of negligence in any civil action regarding

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a motor vehicle accident whereby it is determined that the operator of a motor vehicle was using a

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mobile telephone at the time of accident.

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     This act would take effect upon passage.

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