House Bill #5152 (2017)

AN ACT RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES

Provides for an exception to the prohibition on texting while driving for any person activating, viewing or deactivating a global positioning device or navigation application.

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Changes since original draft

  • 2017 – H 5152
  • 2017 – H 5152 SUBSTITUTE A
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  • LC000643
  • LC000643/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES
  • Introduced By: Representatives Lima, Kennedy, Casimiro, Vella-Wilkinson, and Fellela
  • Date Introduced: January 19, 2017
  • Referred To: House Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 31-22-30 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby amended to read as follows:
  • 31-22-30. Text messaging 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 for the purpose of composing, reading, or sending text messages 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, but not limited to, text messages, instant messages, electronic messages, or e-mails, in order to communicate with any person or device.
  • (9) "Use" means to operate a wireless handset or a personal wireless communication device in a manner not consistent with hands-free operation.
  • (10) "Wireless handset" means a portable electronic or computing device, including cellular telephones and digital personal assistants (PDAs), capable of transmitting data in the form of a text message.
  • (b) No person shall use a wireless handset or personal wireless communication device to compose, read, or send text messages while driving a motor vehicle on any public street or public highway within the state of Rhode Island.
  • (c) Notwithstanding the provisions of subsection (b), this section shall not be construed to prohibit the use of any wireless handset or personal wireless communication device by:
  • (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 (c)(1); or
  • (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.
  • (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. ; or
  • (4) A person activating, viewing or deactivating a global positioning or navigation device or a global positioning or navigation application.
  • (d) Nothing in this section shall be construed to prohibit a person, other than a pilot/escort vehicle driver, 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 except to communicate hazard-related information to the escorted vehicle.
  • The nonemergency use by pilot/escort vehicle drivers of portable electronic devices is prohibited except to communicate hazard-related information to the escorted vehicle.
  • (e) Any person who violates any of the provisions of this section shall, upon conviction, be subject to a fine of one hundred dollars ($100), or a license suspension for up to thirty (30) days, or both; for a second conviction a person shall be subject to a fine of one hundred fifty dollars ($150), or a license suspension for up to three (3) months, or both; and for a third or subsequent conviction a person shall be subject to a fine of two hundred fifty dollars ($250), or a license suspension for up to six (6) months, or both. All violations arising out of this section shall be heard in the Rhode Island traffic tribunal.
  • (f) Nothing in this section shall be construed to prohibit a person from utilizing a wireless handset or personal wireless communication device for initiating a telephone call or from utilizing any global positioning system (GPS) or navigation device or application.
  • SECTION 2. This act shall take effect upon passage.
  • SECTION 2. This act shall take effect upon passage.
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  • LC000643
  • LC000643/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES
  • ***
  • This act would amend the law prohibiting texting while operating a motor vehicle in order to clarify that drivers are permitted to make phone calls or use GPS navigation tools and applications.
  • This act would take effect upon passage. ======== LC000643 ========
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES
  • ***
  • This act would provide for an exception to the prohibition on texting while driving for any person activating, viewing or deactivating a global positioning device or navigation application.
  • This act would take effect upon passage. ======== LC000643/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 27, 2017 at 7:25pm
Yeas: 68 / Nays: 0 / Not voting: 7 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida NV
Rep. Amore NV
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino NV
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull NV
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips NV
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y