2014 -- H 7098

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LC003084

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - VEHICLE INSURANCE

     

     Introduced By: Representatives Amore, Ackerman, Melo, Kazarian, and Valencia

     Date Introduced: January 15, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-47-12 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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     31-47-12. Police officers and agents of administrator of the division of motor

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vehicles -- Fees collected, forms of proof. -- (a) For the purpose of enforcing the provisions of

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this chapter, every police officer of a state, town, or municipality is deemed an agent of the

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administrator of the division of motor vehicles. Any police officer who, in the performance of his

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or her duties as authorized by law, becomes aware of a person whose license is under an order of

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suspension, or whose certificate of registration and registration plates are under an order of

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impoundment, pursuant to this section may confiscate the license, certificate of registration, and

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registration plates, and return them to the administrator of the division of motor vehicles. Any

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forms used by law enforcement agencies in administering this section shall be prescribed by the

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administrator of the division of motor vehicles, the cost of which shall be borne by these

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agencies. No police officer, law enforcement agency employing a police officer, or political

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subdivision or governmental agency that employs a police officer shall be liable in a civil action

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for damages or loss to persons arising out of the performance of the duty required or authorized

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by this section. "Police officer" means the full-time police from the rank of patrolman up to and

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including the rank of chief, including policewomen of any police department in any city or town

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within the state of Rhode Island or of the state police.

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      (b) All fees, except court costs, collected under this chapter shall be paid into the state

 

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treasury and credited to the highway safety fund in a special account hereby created, to be known

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as the "financial responsibility compliance special account". This special account shall be used

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exclusively to cover costs incurred by the division of motor vehicles in the administration of this

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chapter, and by any law enforcement agency employing any police officer who returns any

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license, certificate of registration, and registration plates to the administrator of the division of

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motor vehicles pursuant to this chapter.

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      (c) The administrator of the division of motor vehicles, court, or traffic tribunal may

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require proof of financial security to be demonstrated by use of standard form SR 22. If the use of

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a standard form is not required, a person may demonstrate proof of financial responsibility under

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this section by presenting to the court, traffic tribunal, or administrator of the division of motor

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vehicles any of the following documents or a copy of these documents:

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      (1) A certificate of proof of financial responsibility;

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      (2) A bond or certification of the issuance of a bond;

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      (3) A certificate of deposit of money or securities; or

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      (4) A certificate of self insurance.

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     (d) At the time of investigation of a motor vehicle offense or accident by a police officer

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or when a motor vehicle is stopped by a police officer for probable cause, the police officer

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making the investigation or stopping the motor vehicle shall ask for evidence of proof of financial

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security as defined in this chapter. Proof of financial responsibility may be provided using a

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mobile electronic device; provided, however, that the police officer requiring the proof of

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financial responsibility shall be prohibited from viewing any other content on the mobile

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electronic device. Any person utilizing an electronic device to provide proof of insurance shall

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assume any and all liability for any damage sustained to the mobile electronic device. If the

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evidence is not provided, a citation to appear before the traffic tribunal shall be issued to the

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operator. However, any citation issued solely for failing to provide evidence of financial

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responsibility shall be held by the issuing police officer or law enforcement agency for at least

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one business day before submitting the citation to the traffic tribunal. Any operator who receives

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a citation for failing to provide valid evidence of financial responsibility shall have the

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opportunity to provide evidence of financial responsibility that existed at the time of the violation

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within the one-business-day period, at which time the issuing police officer or law enforcement

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agency shall withdraw the citation, and the motorist shall not be required to appear before the

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traffic tribunal. Notwithstanding this provision, police officers who issue a citation for lack of

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evidence of financial responsibility, in addition to one or more other citations, need not wait the

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one-business-day waiting period before submitting the citation for lack of evidence of financial

 

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responsibility to the traffic tribunal. The traffic tribunal may, by rule and regulation, prescribe the

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procedures for processing the citations. Motor vehicles may not be stopped solely for the purpose

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of checking for evidence of proof of financial security.

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      (e) (1) Upon a first offense, one must provide proof of current insurance and a binder or

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release letter covering the cost of the accident, as long as the accident does not include bodily

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injury, death, etc.

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      (2) In addition, penalties do not release the motorist from any pending matter before any

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other appropriate court.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - VEHICLE INSURANCE

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     This act would allow proof of financial responsibility to be provided using a mobile

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electronic device.

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     This act would take effect upon passage.

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