2013 -- S 0491

=======

LC01922

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PASSING, USING OF LANES, AND

RULES OF THE ROAD

     

     

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 31-15-12.1 of the General Laws in Chapter 31-15 entitled "Passing,

1-2

Use of Lanes, and Rules of the Road" is hereby amended to read as follows:

1-3

     31-15-12.1. Entering intersections. -- (a) The driver of a motor vehicle shall not enter an

1-4

intersection whether or not any traffic signal is green unless there is sufficient space in the

1-5

roadway he or she is about to enter beyond the intersection to receive his or her vehicle without

1-6

blocking the intersection. Violations of this section are subject to fines enumerated in section 31-

1-7

41.1-4.

1-8

     (b) When bodily injury of any person other than the operator of any motor vehicle is

1-9

caused by violation of this section, the person so operating the vehicle shall be fined two hundred

1-10

dollars ($200). When serious bodily injury of any person other than the operator of any motor

1-11

vehicle is caused by violation of this section, the person so operating the vehicle shall be fined

1-12

five hundred dollars ($500) and his/her driver's license shall be suspended for a period of three

1-13

(3) months. When the death of any person other than the operator of any motor vehicle is caused

1-14

by violation of this section, the person so operating the vehicle shall be fined one thousand dollars

1-15

($1,000) and his/her driver's license shall be suspended for a period of one year.

1-16

     (c) As used in this section, "serious bodily injury" means physical injury that creates a

1-17

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

1-18

of the function of any bodily member or organ.

2-19

     SECTION 2. Sections 31-17-1, 31-17-2, 31-17-4, 31-17-7 and 31-17-8 of the General

2-20

Laws in Chapter 31-17 entitled "Right-of-Way" are hereby amended to read as follows:

2-21

     31-17-1. Right-of-way in absence of signs or signals. -- (a) The driver of a vehicle

2-22

approaching an intersection shall yield the right-of-way to a vehicle which has entered the

2-23

intersection from a different highway.

2-24

      (b) When two vehicles enter an intersection from different highways at approximately

2-25

the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on

2-26

the right.

2-27

      (c) The right-of-way rules declared in subsections (a) and (b) of this section are modified

2-28

at through highways and otherwise as stated in this chapter.

2-29

      (d) Violations of this section are subject to the fines enumerated in section 31-41.1-4.

2-30

     (e) When bodily injury of any person other than the operator of any motor vehicle is

2-31

caused by violation of this section, the person so operating the vehicle shall be fined two hundred

2-32

dollars ($200). When serious bodily injury of any person other than the operator of any motor

2-33

vehicle is caused by violation of this section, the person so operating the vehicle shall be fined

2-34

five hundred dollars ($500) and his/her driver's license shall be suspended for a period of three

2-35

(3) months. When the death of any person other than the operator of any motor vehicle is caused

2-36

by violation of this section, the person so operating the vehicle shall be fined one thousand dollars

2-37

($1,000) and his/her driver's license shall be suspended for a period of one year.

2-38

     (f) As used in this section, "serious bodily injury" means physical injury that creates a

2-39

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

2-40

of the function of any bodily member or organ.

2-41

     31-17-2. Vehicle turning left or right. -- (a) The driver of a vehicle within an

2-42

intersection intended to turn to the left or right shall yield the right-of-way to any vehicle

2-43

approaching from the opposite direction which is within the intersection or so close to it as to

2-44

constitute an immediate hazard, or shall yield to a pedestrian intending to cross within a

2-45

crosswalk which the driver of the vehicle must travel to make the left or right turn. The driver,

2-46

having so yielded and having given a signal when and as required by chapter 16 of this title, may

2-47

make the left or right turn, and the drivers of all other vehicles approaching the intersection from

2-48

the opposite direction shall yield the right of way to the vehicle making the left or right turn.

2-49

Violations of this section are subject to the fines enumerated in section 31-41.1-4.

2-50

     (b) When bodily injury of any person other than the operator of any motor vehicle is

2-51

caused by violation of this section, the person so operating the vehicle shall be fined two hundred

2-52

dollars ($200). When serious bodily injury of any person other than the operator of any motor

2-53

vehicle is caused by violation of this section, the person so operating the vehicle shall be fined

3-1

five hundred dollars ($500) and his/her driver's license shall be suspended for a period of three

3-2

(3) months. When the death of any person other than the operator of any motor vehicle is caused

3-3

by violation of this section, the person so operating the vehicle shall be fined one thousand dollars

3-4

($1,000) and his/her driver's license shall be suspended for a period of one year.

3-5

     (c) As used in this section, "serious bodily injury" means physical injury that creates a

3-6

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

3-7

of the function of any bodily member or organ.

3-8

     31-17-4. Vehicle entering stop or yield intersection. -- (a) Preferential right-of-way at

3-9

an intersection may be indicated by stop signs or yield signs.

3-10

      (b) Except when directed to proceed by a police officer or traffic-control signal, every

3-11

driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly

3-12

marked stop line, but if none, before entering the crosswalk on the near side of the intersection,

3-13

or, if none, then at the point nearest the intersecting roadway where the driver has a view of

3-14

approaching traffic on the intersecting roadway before entering the intersection. After having

3-15

stopped, the driver shall yield the right-of-way to any pedestrian intending to cross the lane of

3-16

traffic in a crosswalk or any vehicle which has entered the intersection from another highway or

3-17

which is approaching so closely on the highway as to constitute an immediate hazard during the

3-18

time when the driver is moving across or within the intersection.

3-19

      (c) The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow

3-20

down to a speed reasonable for the existing conditions and, if required for safety to stop, shall

3-21

stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of

3-22

the intersection, or, if none, then at the point nearest the intersecting roadway where the driver

3-23

has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the

3-24

driver shall yield the right-of-way to any pedestrian intending to cross the lane of traffic in a

3-25

crosswalk or any vehicle in the intersection or approaching on another highway so closely as to

3-26

constitute an immediate hazard during the time the driver is moving across or within the

3-27

intersection.

3-28

      (d) Violations of this section are subject to the fines enumerated in section 31-41.1-4.

3-29

     (e) When bodily injury of any person other than the operator of any motor vehicle is

3-30

caused by violation of this section, the person so operating the vehicle shall be fined two hundred

3-31

dollars ($200). When serious bodily injury of any person other than the operator of any motor

3-32

vehicle is caused by violation of this section, the person so operating the vehicle shall be fined

3-33

five hundred dollars ($500) and his/her driver's license shall be suspended for a period of three

3-34

(3) months. When the death of any person other than the operator of any motor vehicle is caused

4-1

by violation of this section, the person so operating the vehicle shall be fined one thousand dollars

4-2

($1,000) and his/her driver's license shall be suspended for a period of one year.

4-3

     (f) As used in this section, "serious bodily injury" means physical injury that creates a

4-4

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

4-5

of the function of any bodily member or organ.

4-6

     31-17-7. Right-of-way of fire companies. -- The officers and men and women of the fire

4-7

department, of any fire engine or hose company, or of any protective department or company

4-8

duly chartered and organized under the laws of this state for the protection of property from fire

4-9

in any city or town, with their registered fire apparatus, shall have the right of way while going to

4-10

a fire or upon any alarm of fire, while responding to an emergency call; when on duty at any fire,

4-11

in, upon, or through any street, highway, lane, avenue, or alley in the city or town; and when

4-12

exiting or entering a fire station, garage or other department facility. Every person in or upon or

4-13

owning any vehicle, or upon the street, highway, lane, avenue, or alley, who shall willfully or

4-14

maliciously refuse the right of way to, or shall in any way willfully or maliciously obstruct or

4-15

retard any registered fire apparatus of the fire department, fire company, protective department, or

4-16

company, or any of the officers or men and women, while going to a fire or upon any alarm of

4-17

fire, while responding to an emergency call, or while on duty at any fire, in, upon, or through the

4-18

street, highway, lane, avenue, or alley, or when exiting or entering a fire station, garage or other

4-19

department facility shall be fined not exceeding twenty dollars ($20.00) two hundred dollars

4-20

($200). However, the rights pursuant to this section of the protective department or company shall

4-21

be subject, at all times, to the rights pursuant to this section of the fire department, fire engine

4-22

company, and hose company.

4-23

     31-17-8. Right-of-way at rotary. -- (a) In the absence of any traffic control device or

4-24

sign, the driver of a vehicle about to enter a rotary, regardless of the direction from which the

4-25

vehicle is approaching, shall yield the right-of-way to all vehicles already in the rotary. The state

4-26

traffic commission shall determine the location of yield signs at rotaries. Violations of this section

4-27

are subject to fines enumerated in section 31-41.1-4.

4-28

     (b) When bodily injury of any person other than the operator of any motor vehicle is

4-29

caused by violation of this section, the person so operating the vehicle shall be fined two hundred

4-30

dollars ($200). When serious bodily injury of any person other than the operator of any motor

4-31

vehicle is caused by violation of this section, the person so operating the vehicle shall be fined

4-32

five hundred dollars ($500) and his/her driver's license shall be suspended for a period of three

4-33

(3) months. When the death of any person other than the operator of any motor vehicle is caused

4-34

by violation of this section, the person so operating the vehicle shall be fined one thousand dollars

5-1

($1,000) and his/her driver's license shall be suspended for a period of one year.

5-2

     (c) As used in this section, "serious bodily injury" means physical injury that creates a

5-3

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

5-4

of the function of any bodily member or organ.

5-5

     SECTION 3. This act shall take effect upon passage.

     

=======

LC01922

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PASSING, USING OF LANES, AND

RULES OF THE ROAD

***

6-1

     This act would create additional penalties for motor vehicle violations at intersections and

6-2

rights-of-way that cause serious bodily injury or death.

6-3

     This act would take effect upon passage.

     

=======

LC01922

=======

S0491