2009 -- H 5242

=======

LC00508

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- USE OF ELECTRONIC DEVICES

     Introduced By: Representatives Kilmartin, McNamara, and Giannini

     Date Introduced: January 28, 2009

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 31-23-51 of the General Laws in Chapter 31-23 entitled

1-2

"Equipment and Accessories Generally" is hereby amended to read as follows:

1-3

     31-23-51. Earphones and headsets prohibited. -- (a) A person shall not drive a bicycle

1-4

or motor vehicle upon any highway while wearing earphones or a headset. Any person who

1-5

violates this section shall be fined (1) eighty-five dollars ($85.00) for the first offense, (2) ninety-

1-6

five dollars ($95.00) for the second offense, and (3) one hundred forty dollars ($140) for the third

1-7

and each subsequent offense.

1-8

      (b) This section shall not apply to any emergency vehicle operator using an integrated

1-9

intercom system.

1-10

     (a) As used in this section:

1-11

     (1) “Use” shall mean talking or listening on a hand-held mobile telephone.

1-12

     (2) “Hands-free device” shall mean speakerphone capability or an attachment, feature,

1-13

function, add-on, or addition to a mobile telephone, or other piece of equipment, whether or not

1-14

permanently installed in the motor vehicle, that when used allows the operator of a motor vehicle

1-15

to talk and/or listen on the mobile telephone.

1-16

     (3) “Mobile telephone” shall mean including, but not limited to, cellular, analog,

1-17

wireless, and digital telephones capable of sending or receiving telephone communications

1-18

without an access line for service.

1-19

     (b) A person shall not drive a bicycle or motor vehicle upon any highway while using a

2-1

mobile telephone that is not equipped with a hands-free device, or while wearing earphones that

2-2

cover both ears or a headset that covers both ears.

2-3

     (c) The provisions of this section shall not apply to the use of a mobile telephone for

2-4

purposes of reporting an emergency to 911, to state or local police or to local fire departments.

2-5

     (d) Any person who violates this section shall be fined the sum of thirty-five dollars

2-6

($35.00) for the first offense, the sum of seventy dollars ($70.00) for the second offense, and the

2-7

sum of one hundred forty dollars ($140) for the third and each subsequent offense.

2-8

     (e) The provisions of this section supersede any and all local laws, ordinances, orders,

2-9

rules or regulations enacted by any political subdivision or municipality to regulate the use of

2-10

mobile telephones by the operator of a motor vehicle.

2-11

     SECTION 2. This act shall take effect on July 1, 2009.

=======

LC00508

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- USE OF ELECTRONIC DEVICES

***

3-1

     This act would make unlawful the operation of nonhands-free mobile telephones while

3-2

driving a motor vehicle or a bicycle. Persons making 911 calls, and state and local police and fire

3-3

department calls would be exempt from the provisions of this act.

3-4

     This act would take effect on July 1, 2009.

=======

LC00508

=======