| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- MISCELLANEOUS RULES |
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| 16 | 16 | | Introduced By: Representatives Noret, Craven, Phillips, Casimiro, Corvese, Hull, |
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| 17 | 17 | | Kazarian, Casey, J. Brien, and Baginski |
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| 18 | 18 | | Date Introduced: February 17, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 31-22-30 of the General Laws in Chapter 31-22 entitled 1 |
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| 24 | 24 | | "Miscellaneous Rules" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 31-22-30. Text messaging while operating a motor vehicle Distracted driving 3 |
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| 26 | 26 | | prohibited while operating a motor vehicle. 4 |
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| 27 | 27 | | (a) For purposes of this section, the following terms shall have the following meanings: 5 |
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| 28 | 28 | | (1) “Driving” means operating a motor vehicle on a public road, including operation while 6 |
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| 29 | 29 | | temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does not 7 |
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| 30 | 30 | | include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active 8 |
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| 31 | 31 | | roadway and has stopped in a location where it can safely remain stationary. 9 |
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| 32 | 32 | | (2) “Hands free” means the manner in which a wireless handset is operated for the purpose 10 |
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| 33 | 33 | | of composing, reading, or sending text messages by using an internal feature or function, or through 11 |
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| 34 | 34 | | an attachment or addition, including, but not limited to, an earpiece, headset, remote microphone, 12 |
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| 35 | 35 | | or short-range wireless connection, thereby allowing the user to operate said device without the use 13 |
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| 36 | 36 | | of hands, except to activate, deactivate, or initiate a feature or function thereof. 14 |
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| 37 | 37 | | (3) “Inoperability” means a motor vehicle that is incapable of being operated or being 15 |
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| 38 | 38 | | operated in a safe and prudent manner due to mechanical failure, including, but not limited to, 16 |
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| 39 | 39 | | engine overheating or tire failure. 17 |
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| 40 | 40 | | (4) “Motor vehicle” means any vehicle that is self-propelled by a motor, including, but not 18 |
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| 41 | 41 | | limited to: automobiles, trucks, vans, construction vehicles, etc. 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 45 | 45 | | (5) “Person” means any natural person, corporation, unincorporated association, firm, 1 |
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| 46 | 46 | | partnership, joint venture, joint stock association, or other entity or business organization of any 2 |
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| 47 | 47 | | kind. 3 |
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| 48 | 48 | | (6) “Personal wireless communication device” means a hand-held device through which 4 |
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| 49 | 49 | | personal wireless services (commercial mobile services, unlicensed wireless services, and common 5 |
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| 50 | 50 | | carrier wireless exchange access services) are transmitted, but does not include a global navigation 6 |
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| 51 | 51 | | satellite receiver used for positioning, emergency notification, or navigation purposes. 7 |
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| 52 | 52 | | (7) “Stopped” means not in motion. 8 |
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| 53 | 53 | | (8) “Text message,” also referred to as short messaging service (SMS), means the process 9 |
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| 54 | 54 | | by which users send, read, or receive messages on a wireless handset, including text messages, 10 |
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| 55 | 55 | | instant messages, electronic messages, or e-mails, in order to communicate with any person or 11 |
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| 56 | 56 | | device. 12 |
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| 57 | 57 | | (9) “Use” means to operate a wireless handset or a personal wireless communication device 13 |
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| 58 | 58 | | in a manner not consistent with hands-free operation. 14 |
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| 59 | 59 | | (10) “Wireless handset” means a portable electronic or computing device, including 15 |
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| 62 | 62 | | (b) No person shall use a wireless handset or personal wireless communication device to 18 |
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| 63 | 63 | | compose, read, or send text messages, or for any other purpose while driving a motor vehicle on 19 |
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| 64 | 64 | | any public street or public highway within the state of Rhode Island except for. 20 |
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| 65 | 65 | | (c) Notwithstanding the provisions of subsection (b), this section shall not be construed to 21 |
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| 66 | 66 | | prohibit the use of any wireless handset or personal wireless communication device by: 22 |
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| 67 | 67 | | (1) Any law enforcement, public safety or police officers, emergency services officials, 23 |
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| 68 | 68 | | first aid, emergency medical technicians and personnel, and fire safety officials in the performance 24 |
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| 69 | 69 | | of duties arising out of, and in the course of, their employment as such; 25 |
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| 70 | 70 | | (2) A person using a wireless handset to contact an individual listed in subsection (c)(b) 26 |
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| 71 | 71 | | (1); 27 |
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| 72 | 72 | | (3) A person using a wireless handset or personal wireless communication device inside a 28 |
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| 73 | 73 | | motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the 29 |
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| 74 | 74 | | flow of traffic, in accordance with applicable laws, rules, or ordinances, or is stopped due to the 30 |
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| 75 | 75 | | inoperability of such motor vehicle; or 31 |
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| 76 | 76 | | (4) A person activating, viewing, or deactivating a global positioning or navigation device 32 |
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| 77 | 77 | | or a global positioning or navigation application while the handset is mounted or otherwise affixed 33 |
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| 78 | 78 | | to the vehicle to allow for hands-free operation. 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | | - | LC001153/SUB A/2 - Page 3 of 4 |
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| 82 | | - | (5) The use of a personal wireless communication device in a hands-free manner, with a 1 |
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| 83 | | - | hands-free accessory, or with the activation or deactivation of a feature or function of the personal 2 |
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| 84 | | - | wireless communication device with the motion of a single swipe or tap of the finger of the driver. 3 |
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| 85 | | - | (d)(c) Nothing in this section shall be construed to prohibit a person driving a motor vehicle 4 |
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| 86 | | - | from utilizing a hands-free wireless handset. 5 |
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| 87 | | - | The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is 6 |
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| 88 | | - | prohibited. 7 |
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| 89 | | - | (e)(d) Any person who violates any of the provisions of this section shall, upon conviction, 8 |
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| 90 | | - | be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) days, 9 |
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| 91 | | - | or both; for a second conviction a person shall be subject to a fine of one hundred fifty dollars 10 |
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| 92 | | - | ($150), or a license suspension for up to three (3) months, or both; and for a third or subsequent 11 |
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| 93 | | - | conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a license 12 |
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| 94 | | - | suspension for up to six (6) months, or both. All violations arising out of this section shall be heard 13 |
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| 95 | | - | in the Rhode Island traffic tribunal. 14 |
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| 96 | | - | SECTION 2. This act shall take effect upon passage. 15 |
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| 81 | + | LC001153 - Page 3 of 4 |
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| 82 | + | (d)(c) Nothing in this section shall be construed to prohibit a person driving a motor vehicle 1 |
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| 83 | + | from utilizing a hands-free wireless handset. 2 |
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| 84 | + | The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is 3 |
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| 85 | + | prohibited. 4 |
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| 86 | + | (e)(d) Any person who violates any of the provisions of this section shall, upon conviction, 5 |
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| 87 | + | be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) days, 6 |
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| 88 | + | or both; for a second conviction a person shall be subject to a fine of one hundred fifty dollars 7 |
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| 89 | + | ($150), or a license suspension for up to three (3) months, or both; and for a third or subsequent 8 |
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| 90 | + | conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a license 9 |
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| 91 | + | suspension for up to six (6) months, or both. All violations arising out of this section shall be heard 10 |
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| 92 | + | in the Rhode Island traffic tribunal. 11 |
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| 93 | + | SECTION 2. This act shall take effect upon passage. 12 |
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| 109 | | - | This act would provide an additional exception to the prohibition on the usage of a wireless 1 |
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| 110 | | - | communication device while driving and clarify that the use of a wireless communication device 2 |
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| 111 | | - | for the purpose of navigation must be while the device is mounted or otherwise affixed to the 3 |
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| 112 | | - | vehicle and not held in the motorist’s hand. 4 |
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| 113 | | - | This act would take effect upon passage. 5 |
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| 106 | + | This act would clarify that the use of a wireless communication device for the purpose of 1 |
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| 107 | + | navigation must be while the device is mounted or otherwise affixed to the vehicle and not held in 2 |
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| 108 | + | the motorist’s hand. 3 |
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| 109 | + | This act would take effect upon passage. 4 |
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