§ 31-22-30. 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 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) [Deleted by P.L. 2025, ch. 401, § 1 and P.L. 2025, ch. 402, § 1.]
(10) “Wireless handset” means a portable electronic or computing device, including mobile devices and personal digital assistants (PDAs), capable of transmitting data.
(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:
(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 (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;
(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.
(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.
(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); for a second conviction a person shall be subject to a fine of one hundred fifty dollars ($150); and for a third or subsequent conviction a person shall be subject to a fine of two hundred fifty dollars ($250). 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.
History of Section.
P.L. 2009, ch. 213, § 1; P.L. 2009, ch. 214, § 1; P.L. 2013, ch. 291, § 1; P.L. 2013,
ch. 393, § 1; P.L. 2014, ch. 155, § 1; P.L. 2014, ch. 167, § 1; P.L. 2014, ch. 256,
§ 1; P.L. 2014, ch. 313, § 1; P.L. 2015, ch. 75, § 1; P.L. 2015, ch. 87, § 1; P.L.
2017, ch. 460, § 1; P.L. 2017, ch. 462, § 1; P.L. 2019, ch. 34, § 1; P.L. 2019, ch.
35, § 1; P.L. 2025, ch. 401, § 1, effective July 2, 2025; P.L. 2025, ch. 402, § 1,
effective July 2, 2025.