§ 31-22-30 - Text messaging while operating a motor vehicle.
SECTION 31-22-30
§ 31-22-30 Text messaging while operatinga motor vehicle. – (a) For purposes of this section, the following terms shall have the followingmeanings:
(1) "Hands Free" means the manner in which a wireless handsetis operated for the purpose of composing, reading or sending text messages, byusing an internal feature or function, or through an attachment or addition,including but not limited to, an earpiece, headset, remote microphone or shortrange wireless connection, thereby allowing the user to operate said devicewithout the use of hands.
(2) "Inoperability" means a motor vehicle that is incapableof being operated or being operated in a safe and prudent manner due tomechanical failure, including but not limited to, engine overheating or tirefailure.
(3) "Motor Vehicle" means any vehicle that is self-propelledby a motor, including but not limited to, automobiles, trucks, vans,construction vehicles, etc.
(4) "Person" means any natural person, corporation,unincorporated association, firm, partnership, joint venture, joint stockassociation or other entity or business organization of any kind.
(5) "Stopped" means not in motion.
(6) "Text Message", also referred to as short messagingservice (SMS) means the process by which users send, read, or receive messageson a wireless handset, including but not limited to, text messages, instantmessages, electronic messages or e-mails, in order to communicate with anyperson or device.
(7) "Use" means to hold a wireless handset in one's hands.
(8) "Wireless Handset" means a portable electronic orcomputing 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 to compose, reador send text messages while operating a motor vehicle on any public street orpublic highway within the state of Rhode Island.
(c) Notwithstanding the provisions of subsection (b), thissection shall not be construed to prohibit the use of any wireless handset by:
(1) Any law enforcement, public safety or police officers,emergency services officials, first aid, emergency medical technicians andpersonnel, and fire safety officials in the performance of duties arising outof and in the course of their employment as such;
(2) A person using a wireless handset to contact anindividual listed in subsection (c)(1); or
(3) A person using a wireless handset inside a motor vehiclewhile such motor vehicle is parked, standing or stopped and is removed from theflow of traffic, in accordance with applicable laws, rules or ordinances, or isstopped due to the inoperability of such motor vehicle.
(d) Nothing in this section shall be construed to prohibit aperson operating a motor vehicle from utilizing a hands-free wireless handset.
(e) Any person who violates any of the provisions of thissection shall, upon conviction, be subject to a fine of eighty-five dollars($85.00); for a second conviction shall be subject to a fine of one hundreddollars ($100); and for a third or subsequent conviction a person shall besubject to a fine of one hundred twenty-five dollars ($125). All violationsarising out of this section shall be heard in the Rhode Island Traffic Tribunal.