Rhode Island 2025 Regular Session

Rhode Island House Bill H5901 Compare Versions

Version 1 (Old)

Version 2 (New)

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9	9		S T A T E O F R H O D E I S L A N D
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2025
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO MOTOR AN D OTHER VEHICLES -- MISCELLANEOUS RULES
16	16		Introduced By: Representatives Noret, Read, Corvese, Hull, Casey, Phillips, DeSimone,
17	17		Kazarian, Speakman, and Lima
18	18		Date Introduced: February 28, 2025
19	19		Referred To: House Judiciary
20	20		(Judiciary)
21	21
22	22		It is enacted by the General Assembly as follows:
23		-	SECTION 1. ~~Sections~~ 31-22-30 ~~and 31-22-31~~ of the General Laws in Chapter 31-22 1
24		-	~~entitled~~ "Miscellaneous Rules" ~~are~~ hereby amended to read as follows: 2
	23	+	SECTION 1. Section 31-22-30 of the General Laws in Chapter 31-22 entitled 1
	24	+	"Miscellaneous Rules" is hereby amended to read as follows: 2
25	25		31-22-30. Text messaging while operating a motor vehicle Distracted driving 3
26	26		prohibited while operating a motor vehicle. 4
27	27		(a) For purposes of this section, the following terms shall have the following meanings: 5
28	28		(1) “Driving” means operating a motor vehicle on a public road, including operation while 6
29	29		temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does not 7
30	30		include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active 8
31	31		roadway and has stopped in a location where it can safely remain stationary. 9
32	32		(2) “Hands free” means the manner in which a wireless handset is operated for the purpose 10
33	33		of composing, reading, or sending text messages by using an internal feature or function, or through 11
34	34		an attachment or addition, including, but not limited to, an earpiece, headset, remote microphone, 12
35	35		or short-range wireless connection, thereby allowing the user to operate said device without the use 13
36	36		of hands, except to activate, deactivate, or initiate a feature or function thereof. 14
37	37		(3) “Inoperability” means a motor vehicle that is incapable of being operated or being 15
38	38		operated in a safe and prudent manner due to mechanical failure, including, but not limited to, 16
39	39		engine overheating or tire failure. 17
40	40		(4) “Motor vehicle” means any vehicle that is self-propelled by a motor, including, but not 18
41	41		limited to: automobiles, trucks, vans, construction vehicles, etc. 19
42	42
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45	45		(5) “Person” means any natural person, corporation, unincorporated association, firm, 1
46	46		partnership, joint venture, joint stock association, or other entity or business organization of any 2
47	47		kind. 3
48	48		(6) “Personal wireless communication device” means a hand-held device through which 4
49	49		personal wireless services (commercial mobile services, unlicensed wireless services, and common 5
50	50		carrier wireless exchange access services) are transmitted, but does not include a global navigation 6
51	51		satellite receiver used for positioning, emergency notification, or navigation purposes. 7
52	52		(7) “Stopped” means not in motion. 8
53	53		(8) “Text message,” also referred to as short messaging service (SMS), means the process 9
54	54		by which users send, read, or receive messages on a wireless handset, including text messages, 10
55	55		instant messages, electronic messages, or e-mails, in order to communicate with any person or 11
56	56		device. 12
57	57		(9) “Use” means to operate a wireless handset or a personal wireless communication device 13
58	58		in a manner not consistent with hands-free operation. 14
59	59		(10) “Wireless handset” means a portable electronic or computing device, including 15
60	60		cellular telephones mobile devices and personal digital assistants (PDAs), capable of transmitting 16
61	61		data in the form of a text message. 17
62	62		(b) No person shall use a wireless handset or personal wireless communication device to 18
63	63		compose, read, or send text messages, or for any other purpose while driving a motor vehicle on 19
64	64		any public street or public highway within the state of Rhode Island. except for: 20
65	65		(c) Notwithstanding the provisions of subsection (b), this section shall not be construed to 21
66	66		prohibit the use of any wireless handset or personal wireless communication device by: 22
67	67		(1) Any law enforcement, public safety or police officers, emergency services officials, 23
68	68		first aid, emergency medical technicians and personnel, and fire safety officials in the performance 24
69	69		of duties arising out of, and in the course of, their employment as such; 25
70	70		(2) A person using a wireless handset to contact an individual listed in subsection (c)(b)(1); 26
71	71		(3) A person using a wireless handset or personal wireless communication device inside a 27
72	72		motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the 28
73	73		flow of traffic, in accordance with applicable laws, rules, or ordinances, or is stopped due to the 29
74	74		inoperability of such motor vehicle; or 30
75	75		(4) A person activating, viewing, or deactivating a global positioning or navigation device 31
76	76		or a global positioning or navigation application. while the handset is mounted or otherwise affixed 32
77	77		to the vehicle to allow for hands-free operation; or 33
78	78		(5) The use of a personal wireless communication device in a hands-free manner, with a 34
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82	82		hands-free accessory, or with the activation or deactivation of a feature or function of the personal 1
83	83		wireless communication device with the motion of a single swipe or tap of the finger of the driver. 2
84	84		(d)(c) Nothing in this section shall be construed to prohibit a person driving a motor vehicle 3
85	85		from utilizing a hands-free wireless handset. 4
86	86		The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is 5
87	87		prohibited. 6
88	88		(e)(d) Any person who violates any of the provisions of this section shall, upon conviction, 7
89	89		be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) days, 8
90	90		or both; for a second conviction a person shall be subject to a fine of one hundred fifty dollars 9
91	91		($150), or a license suspension for up to three (3) months, or both; and for a third or subsequent 10
92	92		conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a license 11
93	93		suspension for up to six (6) months, or both. All violations arising out of this section shall be heard 12
94	94		in the Rhode Island traffic tribunal. 13
95		-	(e) If the offending operator elects to dispose of the charge without personally appearing 14
96		-	before the traffic tribunal, then in accordance with the provisions of § 31-41.1-3, the operator shall 15
97		-	execute the form indicated and return it to the traffic tribunal not later than twenty (20) days from 16
98		-	the date of the summons, either by mailing or delivering the form and summons, to the violation 17
99		-	section of the traffic tribunal, or to its designee, together with a check or money order in the amount 18
100		-	indicated by the fine schedule on the form in addition to any technology surcharge applied by the 19
101		-	traffic tribunal assessed in accordance with § 8-15-11. 20
102		-	31-22-31. Mobile telephone usage by motor vehicle operators. 21
103		-	(a) For purposes of this section, the following terms shall have the following meanings: 22
104		-	(1) “Engage in a call” means talking into or listening on a hand-held personal wireless 23
105		-	communication device, but does not include holding a hand-held personal wireless communication 24
106		-	device to activate, deactivate, or initiate a function of such telephone. 25
107		-	(2) “Hand-held personal wireless communication device” means a personal wireless 26
108		-	communication device with which a user engages in a call using at least one hand. 27
109		-	(3) “Hands-free accessory” means an attachment, add-on, built-in feature, or addition to a 28
110		-	personal wireless communication device, whether or not permanently installed in a motor vehicle, 29
111		-	that, when used, allows the vehicle operator to maintain both hands on the steering wheel. 30
112		-	(4) “Hands-free personal wireless communication device” means a hand-held personal 31
113		-	wireless communication device that has an internal feature or function, or that is equipped with an 32
114		-	attachment or addition, whether or not permanently part of such hand-held personal wireless 33
115		-	communication device, by which a user engages in a call without the use of either hand, whether 34
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119		-	or not the use of either hand is necessary to activate, deactivate, or initiate a function of such 1
120		-	telephone. 2
121		-	(5) “Immediate proximity” means the distance that permits the operator of a hand-held 3
122		-	personal wireless communication device to hear telecommunications transmitted over such hand-4
123		-	held personal wireless communication device, but does not require physical contact with such 5
124		-	operator’s ear. 6
125		-	(6) “Mobile telephone” means a personal wireless communication device, analog, wireless, 7
126		-	or digital telephone capable of sending or receiving telephone communication without an access 8
127		-	line for service. 9
128		-	(7) “Public utility” means a business that provides electricity, natural gas, water, and 10
129		-	communications and other information services to residential and commercial customers. 11
130		-	(8) “Using” or “use” means holding a hand-held personal wireless communication device 12
131		-	to, or in the immediate proximity of, the user’s ear. 13
132		-	(b)(1) Except as otherwise provided in this section, no person shall operate a motor vehicle 14
133		-	while using a hand-held personal wireless communication device to engage in a call while such 15
134		-	vehicle is in motion. 16
135		-	(2) An operator of a motor vehicle who holds a hand-held personal wireless communication 17
136		-	device to, or in the immediate proximity of, the operator’s ear while such vehicle is in motion is 18
137		-	presumed to be engaging in a call within the meaning of this section. The presumption established 19
138		-	by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in 20
139		-	a call. 21
140		-	(3) The provisions of this section shall not be construed as authorizing the seizure or 22
141		-	forfeiture of a hand-held personal wireless communication device, unless otherwise provided by 23
142		-	law. 24
143		-	(4) Subsection (b)(1) of this section shall not apply to: 25
144		-	(i) The use of a hand-held personal wireless communication device for the sole purpose of 26
145		-	communicating with any of the following regarding an emergency situation: an emergency 27
146		-	response operator; a hospital, physician’s office or health clinic; an ambulance company; a fire 28
147		-	department; a police department; or a public utility; or 29
148		-	(ii) Any of the following persons while in the performance of their official duties and within 30
149		-	the scope of their employment: a peace officer, as defined in § 12-7-21, a firefighter or an operator 31
150		-	of an ambulance or authorized emergency vehicle, or the operator of a taxi cab, tow truck, or bus 32
151		-	without passengers; or employees or agents of a public utility; or 33
152		-	(iii) The use of a hands-free personal wireless communication device. 34
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156		-	(c) Any person who violates the provisions of subsection (b)(1) of this section shall be 1
157		-	fined not more than one hundred dollars ($100); provided, however, until January 1, 2023, the fine 2
158		-	shall be suspended for a first-time violator who provides proof of acquisition of a hands-free 3
159		-	accessory subsequent to the violation, but prior to the imposition of a fine. 4
160		-	(d) If the offending operator elects to dispose of the charge without personally appearing 5
161		-	before the traffic tribunal, then in accordance with the provisions of § 31-41.1-3, the operator shall 6
162		-	execute the form indicated and return it to the traffic tribunal not later than twenty (20) days from 7
163		-	the date of the summons, either by mailing or delivering the form and summons, to the violation 8
164		-	section of the traffic tribunal, or to its designee, together with a check or money order in the amount 9
165		-	indicated by the fine schedule on the form in addition to any technology surcharge applied by the 10
166		-	traffic tribunal assessed in accordance with § 8-15-11. 11
167		-	SECTION 2. This act shall take effect upon passage. 12
	95	+	SECTION 2. This act shall take effect upon passage. 14
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174	102		EXPLANATION
175	103		BY THE LEGISLATIVE COUNCIL
176	104		OF
177	105		A N A C T
178	106		RELATING TO MOTOR AN D OTHER VEHICLES -- MISCELLANEOUS RULES
179	107		***
180	108		This act would provide an additional exception to the prohibition on the usage of a wireless 1
181	109		communication device while driving and clarify that the use of a wireless communication device 2
182	110		for the purpose of navigation must be while the device is mounted or otherwise affixed to the 3
183		-	vehicle and not held in the motorist’s hand. The act would also amend the violation provisions for 4
184		-	distracted driving and the use of a hand-held communication device while driving, and would 5
185		-	provide a method to pay certain fines by mail. 6
186		-	This act would take effect upon passage. 7
	111	+	vehicle and not held in the motorist’s hand. 4
	112	+	This act would take effect upon passage. 5
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