Rhode Island: Cell phone laws, legislation

Cell phone, texting update: : Several bills have been filed for the 2010 session seeking to ban use of handheld cell phones by drivers. All allow for mobile phone use if hands-free accessories are employed.

Rhode Island’s ban on text messaging while driving went into effect in November 2009.

Current prohibitions:
Text messaging outlawed for all drivers on Rhode Island roads.

Drivers under the age of 18 prohibited from using cell phones.

School bus operators prohibited from using cell phones while driving.

2010 legislation
HB 7103: Would prohibit motor vehicle drivers and bicyclists from using cell phones unless a hands-free accessory is employed. Ear phones and headsets cannot cover both ears. Fines of $35 to $140. (Kilmartin)

HB 7117: Would create a general inattentive-driving law that comes into play when driver has committed a moving violation. $50 fine in addition to any other fines. (Kilmartin)

HB 7031: Would prohibit use of handheld mobile phones on Rhode Island roads and highways. Use of cell phones OK if a hands-free attachment is employed. $100 fine for first-time violator who shows proof of purchase of a hands-free attachment. (Giannini)

2009 legislation:
HB 5021 and SB 204 (Substitute A): Bans sending, reading or writing a text messaging while driving a motor vehicle. Approved by the Rhode Island Senate on April 7. (SB 204 was filed as a handheld cell phone ban.) Approved by the House on Oct. 29 and sent to the governor. Signed into law by the governor on Nov. 10, 2009, and effective immediately.

HB 5022 seeks to ban drivers from cell phoning unless a hands-free device is utilized. Also targets text messaging.

HB 5242 would change the existing law against driving or bicycling while wearing earphones or headphones to add a ban against handheld cell phones.

HB 5198 would bar minors from text messaging while driving.

HB 5604: Seeks to ban text messaging while driving on Rhode Island roads.

SB 8: Would outlaw texting while driving. Held in committee. (See SB 204 above)

Legislation notes:
Rep. Peter Kilmartin, D-Pawtucket, and Sen. Susan Sosnowski, D-South Kingstown, pushed through the General Assembly the ban on text messaging while driving on Rhode Island roads. It brings a $85 fine for the first offense, $100 for the second and $125 for the third. The DOT ran an ad campaign alerting drivers to the Rhode Island texting and driving law.

Kilmartin said after House approval of the texting ban on Oct. 29: “The bill we passed addresses the most egregious form of distracted driving, but I still believe we should pass hands-free cell phone legislation and I will continue that fight next year.”

Debate on the texting ban included criticisms that the bill did not go far enough and ban cell phone use by drivers. “I realize this is a 10-year effort, and if we can get the most egregious offense out of the way at this time I’m happy doing this,” Kilmartin said.

In 2001, the General Assembly passed Kilmartin’s bill banning handheld cell phones. The Rhode Island governor vetoed the legislation, which would have created one of the nation’s earliest cell phoning while driving laws. Kilmartin, a former policeman, was almost hit by a driver using a handheld electronic device a decade ago.

Sen. Sosnowski sponsored the Senate cell phone and text messaging bills. Under the texting legislation, approved by the Senate on April 7, fines scale from $50 to $75 to $100.

After her texting legislation cleared the Senate Judiciary Committee — but not her handheld cell phone ban — Sosnowski said: “I think it’s a good start. … Texting is just so dangerous, and we have to tell people this is not acceptable, especially our young drivers.”