§ 31-22-31. Mobile telephone usage by motor vehicle operators.
(a) For purposes of this section, the following terms shall have the following meanings:
(1) "Engage in a call� means talking into or listening on a hand-held personal wireless
communication device, but does not include holding a hand-held personal wireless communication
device to activate, deactivate, or initiate a function of such telephone.
(2) "Hand-held personal wireless communication device� means a personal wireless communication
device with which a user engages in a call using at least one hand.
(3) "Hands-free accessory� means an attachment, add-on, built-in feature, or addition
to a personal wireless communication device, whether or not permanently installed
in a motor vehicle, that, when used, allows the vehicle operator to maintain both
hands on the steering wheel.
(4) "Hands-free personal wireless communication device� means a hand-held personal wireless
communication device that has an internal feature or function, or that is equipped
with an attachment or addition, whether or not permanently part of such hand-held
personal wireless communication device, by which a user engages in a call without
the use of either hand, whether or not the use of either hand is necessary to activate,
deactivate, or initiate a function of such telephone.
(5) "Immediate proximity� means the distance that permits the operator of a hand-held
personal wireless communication device to hear telecommunications transmitted over
such hand-held personal wireless communication device, but does not require physical
contact with such operator's ear.
(6) "Mobile telephone� means a personal wireless communication device, analog, wireless,
or digital telephone capable of sending or receiving telephone communication without
an access line for service.
(7) "Public utility� means a business that provides electricity, natural gas, water, and
communications and other information services to residential and commercial customers.
(8) "Using� or "use� means holding a hand-held personal wireless communication device
to, or in the immediate proximity of, the user's ear.
(b)(1) Except as otherwise provided in this section, no person shall operate a motor vehicle
while using a hand-held personal wireless communication device to engage in a call
while such vehicle is in motion.
(2) An operator of a motor vehicle who holds a hand-held personal wireless communication
device to, or in the immediate proximity of, the operator's ear while such vehicle
is in motion is presumed to be engaging in a call within the meaning of this section.
The presumption established by this subdivision is rebuttable by evidence tending
to show that the operator was not engaged in a call.
(3) The provisions of this section shall not be construed as authorizing the seizure or
forfeiture of a hand-held personal wireless communication device, unless otherwise
provided by law.
(4) Subsection (b)(1) of this section shall not apply to:
(i) The use of a hand-held personal wireless communication device for the sole purpose
of communicating with any of the following regarding an emergency situation: an emergency
response operator; a hospital, physician's office or health clinic; an ambulance company;
a fire department; a police department; or a public utility; or
(ii) Any of the following persons while in the performance of their official duties and
within the scope of their employment: a peace officer, as defined in § 12-7-21, a firefighter or an operator of an ambulance or authorized emergency vehicle, or
the operator of a taxi cab, tow truck, or bus without passengers; or employees or
agents of a public utility; or
(iii) The use of a hands-free personal wireless communication device.
(c) Any person who violates the provisions of subsection (b)(1) of this section shall
be fined one hundred dollars ($100).
(d) If the offending operator elects to dispose of the charge without personally appearing
before the traffic tribunal, then in accordance with the provisions of § 31-41.1-3, the operator shall execute the form indicated and return it to the traffic tribunal
not later than twenty (20) days from the date of the summons, either by mailing or
delivering the form and summons, to the violation section of the traffic tribunal,
or to its designee, together with a check or money order in the amount indicated by
the fine schedule on the form in addition to any technology surcharge applied by the
traffic tribunal assessed in accordance with § 8-15-11.