2009 -- H 5021

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LC00200

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES

     Introduced By: Representatives McNamara, Giannini, and Wasylyk

     Date Introduced: January 08, 2009

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is

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hereby amended by adding thereto the following section:

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     31-22-30. Text messaging prohibited. – (a) Except as provided in subsection (b) of this

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section, a person operating a moving motor vehicle who, by means of an electronic wireless

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communications device, other than a voice-activated global positioning or navigation system that

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is permanently affixed to the vehicle, sends, reads, or writes a text message, is guilty of a traffic

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infraction. A person shall not be considered to be sending, reading, or writing a text message

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when he or she reads, selects, or enters a phone number or name in a wireless communications

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device for the purpose of making a phone call.

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     (b) Subsection (a) of this section does not apply to a person operating:

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     (1) An authorized emergency vehicle as defined in section 31-1-3; or

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     (2) A moving motor vehicle while using an electronic wireless communications device

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to:

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     (i) Report illegal activity;

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     (ii) Summon medical or other emergency help;

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     (iii) Prevent injury to a person or property; or

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     (iv) Relay information between a transit or for-hire operator and that operator's

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dispatcher, in which the device is permanently affixed to the vehicle.

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     (c) Enforcement of this section by law enforcement officers may be accomplished only as

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a secondary action when a driver of a motor vehicle has been detained for a suspected violation of

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this title or an equivalent local ordinance or some other offense.

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     (d) Infractions under this act shall not become part of the driver's record under this title

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and a finding that a person has committed a traffic infraction under this section shall not be made

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available to insurance companies or employers.

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     (e) Any person violating this section shall be fined not more than one hundred dollars

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($100) upon conviction for a first offense, and not more than two hundred fifty dollars ($250) for

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any subsequent offense.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES

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     This act would prohibit text messaging while driving, with certain exceptions.

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     This act would take effect upon passage.

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