2012 -- H 7679

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LC01800

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRONIC CONFIRMATION AND

COMPLIANCE SYSTEM

     Introduced By: Representatives San Bento, Carnevale, Williams, Gallison, and Silva

     Date Introduced: February 16, 2012

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

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VEHICLES" is hereby amended by adding thereto the following chapter:

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     CHAPTER 21.3

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ELECTRONIC CONFIRMATION AND COMPLIANCE SYSTEM

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     31-21.3-1. Short title. – This act shall be known and may be cited as the “Rhode Island

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Electronic Confirmation and Compliance System.”

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     31-21.3-2. Definitions. – When used in this chapter:

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     (1) “Administrator” means the director of the division of motor vehicles.

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     (2) “Department” means the department of public safety.

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     (3) “Director” means the administrator of the department of public safety.

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     (4) “Division” means the division of motor vehicles (DMV).

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     (5) “Financial responsibility” means the ability to satisfy the requirements established in

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chapter 31-31.

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     (6) “IICMVA” means the Insurance Industry Committee on Motor Vehicle

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Administration.

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     (7) “NLETS” means the National Law Enforcement Communications network.

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     (8) “Noninvasive” means does not contain or display personal identifying information

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including a name and address.

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     (9) “RILETS” means the Rhode Island Law Enforcement Communications network.

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     31-21.3-3. Electronic insurance confirmation and compliance system. – (a) The

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director of the department of public safety and/or his or her designees shall contract with a third

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(3rd) party no later than ninety (90) days after passage of this act to implement an electronic

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automobile and commercial vehicle liability insurance confirmation and compliance system in the

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state that shall include the following:

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     (1) A system to make both interstate and intrastate vehicle insurance and registration

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status available to law enforcement for automated query at any time through the national law

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enforcement telecommunications network, (NLETS) used by law enforcement in this state and all

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others and which is fully interfaced with the RILETS system, (Department’s Law Enforcement

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Message Switch Communications and Hot File database system) and which is in turn linked to

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the Division of Motor Vehicles (DMV).

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     (2) A system to make available by use of current connections only so as to require no

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modification to existing or planned DMV systems, the administrator of the division of motor

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vehicles, a financial responsibility verification system for use when an entity or individual

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registers a vehicle pursuant to chapter 31-31, such system to be accessed via the division’s current

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connection with RILETS or directly via the internet or a combination of both when and in the

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manner as the administrator of the division of motor vehicles may determine;

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     (3) A system to provide automobile and commercial vehicle insurance information to

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emergency medical service providers;

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     (4) A verification system to provide courts with financial responsibility status for the

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court date, the citation date, the day prior to the citation date, and a history of the vehicle's periods

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of coverage, regarding both intrastate and whenever possible, interstate vehicles identified as non-

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compliant;

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     (5) An automatic license plate recognition system to electronically capture license plate

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images in two (2) seconds or less and non-invasively attempt verification of the insurance and

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when possible, the registration status of the vehicle. If the vehicle is covered under an automobile

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insurance policy or properly registered or there is no conclusive proof of non-compliance as

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determined by a law enforcement officer, the automatic license plate recognition system shall

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erase the record of the vehicle's license plate within one minute.

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     (6) A system to provide secure postal notification, telephone and internet-based help

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desk, verification and secure collection services for the state regarding citations issued by this

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system;

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     (7) A system that provides secure, dedicated, electronic portals with appropriate

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information for authorized users as determined by the director.

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     (8) A system that provides a help desk service with live operators but also a fax service

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and internet-based response service so that citations can be challenged and any errors corrected in

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support of the public and also to reduce the burdens that might otherwise be placed upon the

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traffic tribunal.

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     (b) All costs, including, but not limited to, development, manufacture, implementation,

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maintenance, operation and purchasing shall be the burden of the third party and not the state.

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     31-21.3-4. Mandatory reporting. – (a) Each insurer that delivers, issues for delivery, or

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renews automobile and commercial vehicle liability insurance policies in this state shall furnish to

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NLETS acting for the department, on at least a daily basis, all of the following information

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concerning vehicles owned by any persons or entity to whom it issued such policies of insurance

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on the previous day and for whom/which any persons or entities on the previous day, cancelled

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such policies or allowed such policies to lapse through failure to pay the premium due or for

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whom/which such policies were otherwise cancelled or suspended by said insurer:

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     (1) The effective or termination date of the policy;

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     (2) The policy number;

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     (3) The vehicle identification number (or if a commercial policy, the asset identification

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number or USDOT number) of the vehicle covered under the policy;

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     (4) The make, model, and model year of the vehicle covered under the policy;

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     (5) The zip code (but no other name or address elements) of residence of the

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policyholder;

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     (6) Any lien holder identified in the policy and/or the federal lien holder identification

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number;

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     (7) The level of insurance coverage expressed in the following categories: liability,

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comprehensive, collision, and uninsured motorist coverage;

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     (8) Any other file elements as determined to be advantageous by the insurer; and

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     (9) Any other file elements determined to be necessary by the administrator.

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     (b) The insurance commissioner and administrator will require insurers to submit the

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information required under subsection (a) of this section to the department and to NLETS, which

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is owned and controlled by this state and all other states, via electronic means or, if in the case of

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a small insurer with fewer than ten thousand (10,000) policies, by either fax or electronic

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spreadsheet as they may choose.

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     (c) The state shall incur no liability concerning the accuracy of any insurance policy data

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reported pursuant to this section.

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     31-21.3-5. Rules and regulations. – The administrator shall adopt rules and regulations

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to implement this chapter including rules to determine the method insurers must use to submit

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information to the department and to NLETS under subsection 31-21.3-4(a) and which may

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include the use of the Insurance Industry Committee on Motor Vehicle Administration (IICMVA)

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web-enabled standard, provided that no privacy data is used to obtain information and that actual

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status is provided.

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     31-21.3-6. Procedure -- Notice. – (a) Except as expressly provided in this chapter, all

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prosecutions based on evidence produced by this confirmation and compliance system shall

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follow the procedures established in chapter 41.1 of this title, chapter 8-18 of the general laws and

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the rules promulgated by the chief magistrate of the traffic tribunal for the hearing of civil traffic

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violations in the traffic tribunal. Provided, that in an action brought pursuant to the provisions of

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this chapter, references in chapter 31-41.1 to an “operator” shall apply to the registered owner of

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the vehicle. A summons shall be issued by an officer solely based on evidence obtained by use of

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a live digital video vehicle confirmation and compliance system. All summonses issued based on

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evidence obtained from a live digital video vehicle confirmation and compliance system shall be

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issued within seven (7) days of the violation. Notwithstanding any provisions of the general laws

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to the contrary, exclusive jurisdiction to hear and decide any violation under this chapter shall be

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with the traffic tribunal.

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     (b) It shall be sufficient to commence a prosecution based on evidence obtained from a

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live digital video vehicle confirmation and compliance system. A copy of the summons and

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supporting documentation shall be mailed to the address of the registered owner kept on file by

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the registry of motor vehicles pursuant to section 31-3-34 of the general laws. For purposes of

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this section, the date of issuance shall be the date of mailing.

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     (c) The officer issuing the summons shall certify under penalties of perjury that the

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evidence obtained from the live digital video vehicle confirmation and compliance system was

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sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be

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sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment

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upon sufficient proof of actual notice in all cases where the citation is not answered within the

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time period permitted.

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     (d) The summons shall contain all the information provided for on the uniform summons

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as referred to in section 31-41.1-1 of the general laws and the rules of procedure promulgated by

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the chief magistrate of the traffic tribunal as well as the date, time, and location of the violation.

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In addition, the following information shall be attached to or accompany the summons:

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     (1) Copies of two (2) or more photographs, or microphotographs, videos, or other

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enforcement information approved by the officer that, based on inspection of recorded images,

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the motor vehicle was being operated in violation of this chapter;

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     (2) A signed statement that recorded images is evidence of a violation of this chapter.

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     (3) A statement that the person who receives the summons under this chapter may either

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pay the civil fine or elect to stand trial for the alleged violation,

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     (4) A signed affidavit by a person who witnessed the motor vehicle being operated in

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violation of this chapter as he or she reviewed recorded images;

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     (5) The contact telephone numbers, addresses and both facsimile and internet addresses

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to provide proof of compliance along with a statement of procedures and confirmation that the

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record will be modified should proper proof be provided and pending charges dismissed; and

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     (6) A signed statement certified under the penalties of perjury by a trained law

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enforcement officer that the summons and attachments required under this subsection were

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mailed to the address of the registered owner kept on file by the registry of motor vehicles.

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     (e) Any summons issued pursuant to this chapter shall be issued by a law enforcement

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officer authorized to issue a traffic violation summons pursuant to title 31 of the general laws.

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     31-21.3-7. Driver/registered owner liability. – (a) The registered owner of a motor

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vehicle shall not operate or allow the motor vehicle to be operated in violation of this chapter.

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     (b) In all prosecutions of civil traffic violations based on evidence obtained from a live

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digital video vehicle confirmation and compliance system as provided under this chapter, the

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registered owner of the vehicle shall be responsible in all prosecutions of violations pursuant to

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the provisions of this chapter, except as otherwise provided under this chapter.

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     (c) In the event that the registered owner of the vehicle operated in violation of this

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chapter was not the operator of the vehicle at the time of the violation, the registered owner shall

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be responsible for the violation:

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     31-21.3-8. Fines revenue allocation. – (a) The state shall not pay the cost of the

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implementation and administration of the electronic verification system created by this chapter.

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     (b) Only the revenue generated by the fines imposed through the use of the license plate

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recognition system referenced in subdivisions 31-21.3-3(9) and 31.21.3-3(10) shall be shared

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equally by the state and the third party.

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     SECTION 2. Section 31-8-1 of the General Laws in Chapter 31-8 entitled "Offenses

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Against Registration and Certificate of Title Laws" is hereby amended to read as follows:

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     31-8-1. Operation of vehicles without evidences of registration. -- No person shall

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operate, nor shall an owner knowingly permit to be operated, upon any highway or bicycle trail or

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path, any vehicle required to be registered pursuant to this title unless there has been issued for it

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a valid registration card and unless there is attached to it and displayed on it, when and as

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required by chapters 3 -- 9 of this title, a valid registration plate or plates issued for it by the

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division of motor vehicles for the current registration year except as otherwise expressly

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permitted in those chapters. Any violation of this section shall be punishable by a fine of eighty-

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five dollars ($85.00) for a first offense of three hundred fifty dollars ($350). The fine for a second

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(2nd) offense shall be six hundred dollars ($600). The fine for a third (3rd) and subsequent offense

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shall be seven hundred fifty dollars ($750).

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     SECTION 3. Section 31-47-9 of the General Laws in Chapter 31-47 entitled "Motor

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Vehicle Reparations Act" is hereby amended to read as follows:

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     31-47-9. Penalties. -- (a) Any owner of a motor vehicle registered in this state who shall

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knowingly operate the motor vehicle or knowingly permit it to be operated in this state without

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having in full force and effect the financial security required by the provisions of this chapter, and

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any other person who shall operate in this state any motor vehicle registered in this state with the

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knowledge that the owner of it does not have in full force and effect financial security, except a

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person who, at the time of operation of the motor vehicle, had in effect an operator's policy of

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liability insurance, as defined in this chapter, with respect to his or her operation of the vehicle,

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may be subject to a mandatory suspension of license and registration as follows:

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      (1) For a first offense, a suspension of up to three (3) two (2) months and may shall be

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fined one hundred dollars ($100) up to five hundred dollars ($500) three hundred fifty dollars

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($350);

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      (2) For a second offense, a suspension of six (6) months; and may shall be fined five

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hundred dollars ($500) six hundred dollars ($600); and

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      (3) For a third and subsequent offense, a suspension of up to one year. Additionally, any

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person violating this section a third or subsequent time shall be punished as a civil violation and

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may shall be fined one thousand dollars ($1,000) seven hundred fifty dollars ($750).

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      (b) An order of suspension and impoundment of a license or registration, or both, shall

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state that date on or before which the person is required to surrender the person's license or

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certificate of registration and registration plates. The person is deemed to have surrendered the

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license or certificate of registration and registration plates, in compliance with the order, if the

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person does either of the following:

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      (1) On or before the date specified in the order, personally delivers the license or

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certificate of registration and registration plates, or causes the delivery of those items, to the

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administrator of the division of motor vehicles or court, whichever issued the order;

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      (2) Mails the license or certificate of registration and registration plates to the

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administrator of the division of motor vehicles, in an envelope or container bearing a postmark

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showing a date no later than the date specified in the order.

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      (c) The administrator of the division of motor vehicles shall not restore any operating

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privileges or registration rights suspended under this section or return any license, certificate of

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registration, or registration plates impounded under this section unless the rights are not subject to

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suspension or revocation under any other law and unless the person, in addition to complying

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with all other conditions required by law for reinstatement of operating privileges or registration

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rights, complies with all of the following:

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      (1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be

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increased, upon approval of the administrator of the division of motor vehicles, up to an amount

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not exceeding fifty dollars ($50.00).

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      (2) Files and maintains proof of financial security. To facilitate the administration of this

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chapter the clerk of the courts shall notify the administrator of the division of motor vehicles of

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all persons against whom judgments have been entered arising out of a motor vehicle collision.

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     SECTION 4. This act shall take effect upon passage.

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LC01800

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ELECTRONIC CONFIRMATION AND

COMPLIANCE SYSTEM

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     This act would create an electronic automobile and commercial vehicle liability insurance

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confirmation and compliance system in the state. Also, the financial penalties would be increased.

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     This act would take effect upon passage.

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LC01800

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