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5 | 5 | | 2025 -- S 0576 |
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6 | 6 | | ======== |
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7 | 7 | | LC001658 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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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: Senators Sosnowski, Raptakis, Tikoian, McKenney, and Burke |
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17 | 17 | | Date Introduced: February 26, 2025 |
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18 | 18 | | Referred To: Senate Judiciary |
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19 | 19 | | (Judiciary) |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 31-22-30 of the General Laws in Chapter 31-22 entitled 1 |
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23 | 23 | | "Miscellaneous Rules" is hereby amended to read as follows: 2 |
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24 | 24 | | 31-22-30. Text messaging while operating a motor vehicle Distracted driving 3 |
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25 | 25 | | prohibited while operating a motor vehicle. 4 |
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26 | 26 | | (a) For purposes of this section, the following terms shall have the following meanings: 5 |
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27 | 27 | | (1) “Driving” means operating a motor vehicle on a public road, including operation while 6 |
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28 | 28 | | temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does not 7 |
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29 | 29 | | include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active 8 |
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30 | 30 | | roadway and has stopped in a location where it can safely remain stationary. 9 |
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31 | 31 | | (2) “Hands free” means the manner in which a wireless handset is operated for the purpose 10 |
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32 | 32 | | of composing, reading, or sending text messages by using an internal feature or function, or through 11 |
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33 | 33 | | an attachment or addition, including, but not limited to, an earpiece, headset, remote microphone, 12 |
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34 | 34 | | or short-range wireless connection, thereby allowing the user to operate said device without the use 13 |
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35 | 35 | | of hands, except to activate, deactivate, or initiate a feature or function thereof. 14 |
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36 | 36 | | (3) “Inoperability” means a motor vehicle that is incapable of being operated or being 15 |
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37 | 37 | | operated in a safe and prudent manner due to mechanical failure, including, but not limited to, 16 |
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38 | 38 | | engine overheating or tire failure. 17 |
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39 | 39 | | (4) “Motor vehicle” means any vehicle that is self-propelled by a motor, including, but not 18 |
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40 | 40 | | limited to: automobiles, trucks, vans, construction vehicles, etc. 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001658 - Page 2 of 4 |
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44 | 44 | | (5) “Person” means any natural person, corporation, unincorporated association, firm, 1 |
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45 | 45 | | partnership, joint venture, joint stock association, or other entity or business organization of any 2 |
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46 | 46 | | kind. 3 |
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47 | 47 | | (6) “Personal wireless communication device” means a hand-held device through which 4 |
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48 | 48 | | personal wireless services (commercial mobile services, unlicensed wireless services, and common 5 |
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49 | 49 | | carrier wireless exchange access services) are transmitted, but does not include a global navigation 6 |
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50 | 50 | | satellite receiver used for positioning, emergency notification, or navigation purposes. 7 |
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51 | 51 | | (7) “Stopped” means not in motion. 8 |
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52 | 52 | | (8) “Text message,” also referred to as short messaging service (SMS), means the process 9 |
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53 | 53 | | by which users send, read, or receive messages on a wireless handset, including text messages, 10 |
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54 | 54 | | instant messages, electronic messages, or e-mails, in order to communicate with any person or 11 |
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55 | 55 | | device. 12 |
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56 | 56 | | (9) “Use” means to operate a wireless handset or a personal wireless communication device 13 |
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57 | 57 | | in a manner not consistent with hands-free operation. 14 |
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58 | 58 | | (10) “Wireless handset” means a portable electronic or computing device, including 15 |
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59 | 59 | | cellular telephones mobile devices and personal digital assistants (PDAs), capable of transmitting 16 |
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60 | 60 | | data in the form of a text message. 17 |
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61 | 61 | | (b) No person shall use a wireless handset or personal wireless communication device to 18 |
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62 | 62 | | compose, read, or send text messages, or for any other purpose while driving a motor vehicle on 19 |
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63 | 63 | | any public street or public highway within the state of Rhode Island. except for: 20 |
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64 | 64 | | (c) Notwithstanding the provisions of subsection (b), this section shall not be construed to 21 |
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65 | 65 | | prohibit the use of any wireless handset or personal wireless communication device by: 22 |
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66 | 66 | | (1) Any law enforcement, public safety or police officers, emergency services officials, 23 |
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67 | 67 | | first aid, emergency medical technicians and personnel, and fire safety officials in the performance 24 |
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68 | 68 | | of duties arising out of, and in the course of, their employment as such; 25 |
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69 | 69 | | (2) A person using a wireless handset to contact an individual listed in subsection (c)(b)(1); 26 |
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70 | 70 | | (3) A person using a wireless handset or personal wireless communication device inside a 27 |
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71 | 71 | | motor vehicle while such motor vehicle is parked, standing, or stopped and is removed from the 28 |
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72 | 72 | | flow of traffic, in accordance with applicable laws, rules, or ordinances, or is stopped due to the 29 |
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73 | 73 | | inoperability of such motor vehicle; or 30 |
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74 | 74 | | (4) A person activating, viewing, or deactivating a global positioning or navigation device 31 |
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75 | 75 | | or a global positioning or navigation application. while the handset is mounted or otherwise affixed 32 |
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76 | 76 | | to the vehicle to allow for hands-free operation; or 33 |
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77 | 77 | | (5) The use of a personal wireless communication device in a hands-free manner, with a 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001658 - Page 3 of 4 |
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81 | 81 | | hands-free accessory, or with the activation or deactivation of a feature or function of the personal 1 |
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82 | 82 | | wireless communication device with the motion of a single swipe or tap of the finger of the driver. 2 |
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83 | 83 | | (d)(c) Nothing in this section shall be construed to prohibit a person driving a motor vehicle 3 |
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84 | 84 | | from utilizing a hands-free wireless handset. 4 |
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85 | 85 | | The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is 5 |
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86 | 86 | | prohibited. 6 |
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87 | 87 | | (e)(d) Any person who violates any of the provisions of this section shall, upon conviction, 7 |
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88 | 88 | | be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) days, 8 |
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89 | 89 | | or both; for a second conviction a person shall be subject to a fine of one hundred fifty dollars 9 |
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90 | 90 | | ($150), or a license suspension for up to three (3) months, or both; and for a third or subsequent 10 |
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91 | 91 | | conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a license 11 |
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92 | 92 | | suspension for up to six (6) months, or both. All violations arising out of this section shall be heard 12 |
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93 | 93 | | in the Rhode Island traffic tribunal. 13 |
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94 | 94 | | SECTION 2. This act shall take effect upon passage. 14 |
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95 | 95 | | ======== |
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96 | 96 | | LC001658 |
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99 | 99 | | |
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100 | 100 | | LC001658 - Page 4 of 4 |
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101 | 101 | | EXPLANATION |
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102 | 102 | | BY THE LEGISLATIVE COUNCIL |
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103 | 103 | | OF |
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104 | 104 | | A N A C T |
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105 | 105 | | RELATING TO MOTOR AN D OTHER VEHICLES -- MISCELLANEOUS RULES |
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106 | 106 | | *** |
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107 | 107 | | This act would provide an additional exception to the prohibition on the usage of a wireless 1 |
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108 | 108 | | communication device while driving and clarify that the use of a wireless communication device 2 |
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109 | 109 | | for the purpose of navigation must be while the device is mounted or otherwise affixed to the 3 |
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110 | 110 | | vehicle and not held in the motorist’s hand. 4 |
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111 | 111 | | This act would take effect upon passage. 5 |
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113 | 113 | | LC001658 |
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