Texting and distracted driving laws in Rhode Island
If another driver was staring at a phone when they hit you, Rhode Island law gives you two useful things: a specific statute they very likely broke, and a way to put that violation to work in your injury claim. The rules here are stricter than most people assume, and they are spread across four separate statutes rather than one.
One law bans texting and nearly any other hand-held device use. A second bans holding a phone for a call. Two more set tougher standards for teen drivers and for school bus operators. Here is what each one actually says, and why it matters after a crash.
The texting and device ban
The main statute is R.I. Gen. Laws § 31-22-30, "Distracted driving prohibited while operating a motor vehicle." It bars any driver from using a wireless handset or personal wireless communication device to "compose, read, or send text messages, or for any other purpose" while driving on a public road.1 That "or for any other purpose" phrase is broad by design. It reaches email, apps, social media, and plain scrolling in addition to text messages.
The statute allows a few narrow exceptions. Police, fire, and emergency personnel performing their duties are exempt, as is anyone contacting them. You may handle a device while parked or stopped outside the flow of traffic, use a mounted GPS in hands-free mode, and activate a hands-free feature with a single tap or swipe of one finger.1
A red light is not a loophole. The Rhode Island Department of Transportation is explicit that the rule still applies when you are stopped at a red light or a stop sign, because you remain in the flow of traffic. The statute only frees you to pick up a device once you are parked or pulled over outside that flow, such as on a shoulder.21
Penalties escalate with each offense: a $100 fine for a first conviction, $150 for a second, and $250 for a third or later one.13
The hand-held call ban, or hands-free law
Rhode Island's "hands-free law" is a different statute, § 31-22-31, and it took effect June 1, 2018.4 It says no driver may operate a vehicle "while using a hand-held personal wireless communication device to engage in a call while such vehicle is in motion."5 Put simply, you cannot hold a phone to your ear and talk while the car is moving. A Bluetooth connection, a dashboard system, or a single-ear setup is allowed. The state does draw a line at headphones or accessories that cover both ears, which are banned outright.4
A violation carries a $100 fine plus a court technology surcharge, though a first offender can have the fine waived by showing proof of purchase of a hands-free device.45 The statute exempts genuine emergencies and certain on-duty operators such as police, firefighters, ambulance drivers, and bus and tow operators.5 Lawmakers revisited this section in 2025, with amendments that took effect July 2, 2025.5
Both the texting ban and the hand-held call ban are primary offenses. An officer who sees you holding or using a phone can pull you over and cite you for that alone, without any other traffic violation.4
Stricter rules for teen drivers and school buses
Drivers under 18 face a total ban. Under § 31-22-11.9, a minor may not use a personal wireless communication device at all while driving, except in an emergency.6 The DMV spells out how far that goes: for drivers under 18 the prohibition "includes a prohibition from using a hands-free device or speakerphone."3 The Bluetooth allowance that adults rely on simply does not exist for teens. Fines run $100, then $150, then $250, and a third or later conviction can cost a young driver their license until they turn 18.63
School bus drivers have their own statute. Section 31-22-11.8 bars a bus driver from using a wireless device while the bus is carrying children, again with an emergency exception.7 Fines are $100, $150, and $200 for repeat violations. That statute adds a line that matters if you or your child were involved: a violation "shall be evidence of negligence" in a civil case.7
Why the statute matters to your injury claim
Rhode Island is an at-fault state, so the driver who caused your crash, and their insurer, are responsible for the harm they did. Showing that the driver was on a phone does real work in that dispute. A driver who broke a safety statute like the texting ban was doing something the legislature has already defined as unsafe, which supports the argument that they drove negligently. In the school bus setting the law is even more direct, treating the violation as evidence of negligence on its face.7
Rhode Island also follows pure comparative negligence. Under § 9-20-4, your recovery is reduced by your own share of fault, but you can still recover even if your share is large.8 Proof that the other driver was texting can move that percentage in your direction, which changes the dollar figure you actually collect.
Timing matters too. You generally have three years from the date of the crash to file a personal injury lawsuit in Rhode Island under § 9-1-14.9 The phone and carrier records that prove distraction are not kept forever, so the sooner a lawyer can move to preserve and subpoena them, the better your odds of pinning down what the other driver was doing.
If you need the official police account of the collision, you can request your Rhode Island crash report. If your vehicle is worth less on paper after the repair, that loss is a separate claim covered on our Rhode Island diminished value page. And if you would rather have someone handle the record subpoenas and the fault argument, you can find a Rhode Island attorney.
Being hit by a distracted driver is not your fault, and these statutes exist because the state agrees. Knowing exactly which one the other driver broke is the first step toward holding them to it.
This article is general information, not legal advice.
Sources
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Rhode Island General Laws § 31-22-30, "Distracted driving prohibited while operating a motor vehicle." https://webserver.rilegislature.gov/Statutes/TITLE31/31-22/31-22-30.htm
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Rhode Island Department of Transportation, "Distracted Driving." https://www.dot.ri.gov/safety/distracted_safety.php
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Rhode Island Division of Motor Vehicles, "Cellular Phone Usage - Personal Wireless Communications Devices." https://dmv.ri.gov/node/1211
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Rhode Island Department of Transportation, "RI Hands-Free Law." https://www.dot.ri.gov/handsfree/
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Rhode Island General Laws § 31-22-31, "Mobile telephone usage by motor vehicle operators." https://webserver.rilegislature.gov/Statutes/TITLE31/31-22/31-22-31.htm
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Rhode Island General Laws § 31-22-11.9, "Use of personal wireless communications devices by minors while operating motor vehicles is prohibited." https://webserver.rilegislature.gov/Statutes/TITLE31/31-22/31-22-11.9.htm
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Rhode Island General Laws § 31-22-11.8, "Unauthorized use of personal wireless communication devices on a school bus." https://webserver.rilegislature.gov/Statutes/TITLE31/31-22/31-22-11.8.htm
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Rhode Island General Laws § 9-20-4, "Comparative negligence." https://webserver.rilegislature.gov/Statutes/TITLE9/9-20/9-20-4.HTM
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Rhode Island General Laws § 9-1-14, "Limitation of actions for words spoken or personal injuries." https://webserver.rilegislature.gov/Statutes/title9/9-1/9-1-14.htm