2014 -- H 7794 | |
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LC005033 | |
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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 -- ELECTRONIC CONFIRMATION AND | |
COMPLIANCE SYSTEM | |
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Introduced By: Representative Robert B.Jacquard | |
Date Introduced: March 04, 2014 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER |
2 | VEHICLES" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 21.3 |
4 | ELECTRONIC CONFIRMATION AND COMPLIANCE SYSTEM |
5 | 31-21.3-1. Short title. – This act shall be known and may be cited as the "Rhode Island |
6 | Electronic Confirmation and Compliance System." |
7 | 31-21.3-2. Definitions. – When used in this chapter: |
8 | (1) "Administrator" means the director of the division of motor vehicles. |
9 | (2) "Department" means the department of public safety. |
10 | (3) "Director" means the administrator of the department of public safety. |
11 | (4) "Division" means the division of motor vehicles (DMV). |
12 | (5) "Financial responsibility" means the ability to satisfy the requirements established in |
13 | chapter 31-31. |
14 | (6) "IICMVA" means the Insurance Industry Committee on Motor Vehicle |
15 | Administration. |
16 | (7) "NLETS" means the National Law Enforcement TeleCommunications System. |
17 | (8) "Noninvasive" means does not contain or display personal identifying information |
18 | including a name and address. |
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1 | (9) "RILETS" means the Rhode Island Law Enforcement TeleCommunications System. |
2 | 31-21.3-3. Electronic insurance confirmation and compliance system. – (a) The |
3 | director of the department of public safety and/or his or her designees shall contract with a third |
4 | party no later than ninety (90) days after enactment of this chapter to implement an electronic |
5 | automobile and commercial vehicle liability insurance confirmation and compliance system in the |
6 | state that shall include the following: |
7 | (1) A system to make both interstate and intrastate vehicle insurance and registration |
8 | status available to law enforcement for automated query at any time through the (NLETS) used |
9 | by law enforcement in this state and all others and which is fully interfaced with the RILETS |
10 | system, (department's law enforcement message switch communications and hot file database |
11 | system) and which is in turn linked to the division of motor vehicles (DMV). |
12 | (2) A system to make available by use of current connections, only so as to require no |
13 | modification to existing or planned DMV systems, the administrator of the division of motor |
14 | vehicles, a financial responsibility verification system for use when an entity or individual |
15 | registers a vehicle pursuant to chapter 31-31, such system to be accessed via the division's current |
16 | connection with RILETS or directly via the internet or a combination of both when and in the |
17 | manner as the administrator of the division of motor vehicles may determine; |
18 | (3) A system to provide automobile and commercial vehicle insurance information to |
19 | emergency medical service providers; |
20 | (4) A verification system to provide courts with financial responsibility status for the |
21 | court date, the citation date, the day prior to the citation date, and a history of the vehicle's periods |
22 | of coverage, regarding both intrastate and whenever possible, interstate vehicles identified as non- |
23 | compliant; |
24 | (5) An automatic license plate recognition system to electronically capture license plate |
25 | images in two (2) seconds or less and noninvasively attempt verification of the insurance and |
26 | when possible, the registration status of the vehicle. If the vehicle is covered under an automobile |
27 | insurance policy or properly registered or there is no conclusive proof of non-compliance as |
28 | determined by a law enforcement officer, the automatic license plate recognition system shall |
29 | erase the record of the vehicle's license plate within one minute. |
30 | (6) A system to provide secure postal notification, telephone and internet-based help |
31 | desk, verification and secure collection services for the state regarding citations issued by this |
32 | system; |
33 | (7) A system that provides secure, dedicated, electronic portals with appropriate |
34 | information for authorized users as determined by the director. |
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1 | (8) A system that provides a help desk service with live operators, but also a fax service |
2 | and internet-based response service so that citations can be challenged and any errors corrected in |
3 | support of the public, and also to reduce the burdens that might otherwise be placed upon the |
4 | traffic tribunal. |
5 | (b) All costs, including, but not limited to, development, manufacture, implementation, |
6 | maintenance, operation and purchasing shall be the burden of the third party and not the state. |
7 | 31-21.3-4. Mandatory reporting. – (a) Each insurer that delivers, issues for delivery, or |
8 | renews automobile and commercial vehicle liability insurance policies in this state shall furnish to |
9 | NLETS acting for the department, on at least a daily basis, all of the following information |
10 | concerning vehicles owned by any persons or entity to whom it issued such policies of insurance |
11 | on the previous day and for whom/which any persons or entities on the previous day, cancelled |
12 | such policies or allowed such policies to lapse through failure to pay the premium due or for |
13 | whom/which such policies were otherwise cancelled or suspended by said insurer: |
14 | (1) The effective or termination date of the policy; |
15 | (2) The policy number; |
16 | (3) The vehicle identification number (or if a commercial policy, the asset identification |
17 | number or USDOT number) of the vehicle covered under the policy; |
18 | (4) The make, model, and model year of the vehicle covered under the policy; |
19 | (5) The zip code (but no other name or address elements) of residence of the |
20 | policyholder; |
21 | (6) Any lien holder identified in the policy and/or the federal lien holder identification |
22 | number; |
23 | (7) The level of insurance coverage expressed in the following categories: liability, |
24 | comprehensive, collision, and uninsured motorist coverage; |
25 | (8) Any other file elements as determined to be advantageous by the insurer; and |
26 | (9) Any other file elements determined to be necessary by the administrator. |
27 | (b) The insurance commissioner and administrator will require insurers to submit the |
28 | information required under subsection (a) of this section to the department and to NLETS, which |
29 | is owned and controlled by this state and all other states, via electronic means or, if in the case of |
30 | a small insurer with fewer than ten thousand (10,000) policies, by either fax or electronic |
31 | spreadsheet as they may choose. |
32 | (c) The state shall incur no liability concerning the accuracy of any insurance policy data |
33 | reported pursuant to this section. |
34 | 31-21.3-5. Rules and regulations. – The administrator shall adopt rules and regulations |
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1 | to implement this chapter including rules to determine the method insurers must use to submit |
2 | information to the department and to NLETS under § 31-21.3-4(a) and which may include the use |
3 | of the IICMVA web-enabled standard, provided that no privacy data is used to obtain information |
4 | and that actual status is provided. |
5 | 31-21.3-6. Procedure -- Notice. – (a) Except as expressly provided in this chapter, all |
6 | prosecutions based on evidence produced by this confirmation and compliance system shall |
7 | follow the procedures established in chapter 41.1 of this title, chapter 8-18 of the general laws and |
8 | the rules promulgated by the chief magistrate of the traffic tribunal for the hearing of civil traffic |
9 | violations in the traffic tribunal. Provided, that in an action brought pursuant to the provisions of |
10 | this chapter, references in chapter 31-41.1 to an "operator" shall apply to the registered owner of |
11 | the vehicle. A summons shall be issued by an officer solely based on evidence obtained by use of |
12 | a live digital video vehicle confirmation and compliance system. All summonses issued based on |
13 | evidence obtained from a live digital video vehicle confirmation and compliance system shall be |
14 | issued within seven (7) days of the violation. Notwithstanding any provisions of the general laws |
15 | to the contrary, exclusive jurisdiction to hear and decide any violation under this chapter shall be |
16 | with the traffic tribunal. |
17 | (b) It shall be sufficient to commence a prosecution based on evidence obtained from a |
18 | live digital video vehicle confirmation and compliance system. A copy of the summons and |
19 | supporting documentation shall be mailed to the address of the registered owner kept on file by |
20 | the registry of motor vehicles pursuant to § 31-3-34. For purposes of this section, the date of |
21 | issuance shall be the date of mailing. |
22 | (c) The officer issuing the summons shall certify under penalties of perjury that the |
23 | evidence obtained from the live digital video vehicle confirmation and compliance system was |
24 | sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be |
25 | sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment |
26 | upon sufficient proof of actual notice in all cases where the citation is not answered within the |
27 | time period permitted. |
28 | (d) The summons shall contain all the information provided for on the uniform summons |
29 | as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the |
30 | traffic tribunal as well as the date, time, and location of the violation. In addition, the following |
31 | information shall be attached to or accompany the summons: |
32 | (1) Copies of two (2) or more photographs, or microphotographs, videos, or other |
33 | enforcement information approved by the officer that, based on inspection of recorded images, |
34 | the motor vehicle was being operated in violation of this chapter; |
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1 | (2) A signed statement that the recorded images are evidence of a violation of this |
2 | chapter. |
3 | (3) A statement that the person who receives the summons under this chapter may either |
4 | pay the civil fine or elect to stand trial for the alleged violation, |
5 | (4) A signed affidavit by a person who witnessed the motor vehicle being operated in |
6 | violation of this chapter as he or she reviewed recorded images; |
7 | (5) The contact telephone numbers, addresses and both facsimile and internet addresses |
8 | to provide proof of compliance along with a statement of procedures and confirmation that the |
9 | record will be modified should proper proof be provided and pending charges dismissed; and |
10 | (6) A signed statement certified under the penalties of perjury by a trained law |
11 | enforcement officer that the summons and attachments required under this subsection were |
12 | mailed to the address of the registered owner kept on file by the registry of motor vehicles. |
13 | (e) Any summons issued pursuant to this chapter shall be issued by a law enforcement |
14 | officer authorized to issue a traffic violation summons pursuant to title 31 of the general laws. |
15 | 31-21.3-7. Driver/registered owner liability. – (a) The registered owner of a motor |
16 | vehicle shall not operate or allow the motor vehicle to be operated in violation of this chapter. |
17 | (b) In all prosecutions of civil traffic violations based on evidence obtained from a live |
18 | digital video vehicle confirmation and compliance system as provided under this chapter, the |
19 | registered owner of the vehicle shall be responsible in all prosecutions of violations pursuant to |
20 | the provisions of this chapter, except as otherwise provided under this chapter. |
21 | (c) In the event that the registered owner of the vehicle operated in violation of this |
22 | chapter was not the operator of the vehicle at the time of the violation, the registered owner shall |
23 | be responsible for the violation: |
24 | 31-21.3-8. Fines revenue allocation. – (a) The state shall not pay the cost of the |
25 | implementation and administration of the electronic verification system created by this chapter. |
26 | (b) Only the revenue generated by the fines imposed through the use of the license plate |
27 | recognition system referenced in §§ 31-21.3-3(9) and 31.21.3-3(10) shall be shared equally by the |
28 | state and the third party. |
29 | SECTION 2. Section 31-8-1 of the General Laws in Chapter 31-8 entitled "Offenses |
30 | Against Registration and Certificate of Title Laws" is hereby amended to read as follows: |
31 | 31-8-1. Operation of vehicles without evidences of registration. -- No person shall |
32 | operate, nor shall an owner knowingly permit to be operated, upon any highway or bicycle trail or |
33 | path, any vehicle required to be registered pursuant to this title unless there has been issued for it |
34 | a valid registration card and unless there is attached to it and displayed on it, when and as |
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1 | required by chapters 3 -- 9 of this title, a valid registration plate or plates issued for it by the |
2 | division of motor vehicles for the current registration year except as otherwise expressly |
3 | permitted in those chapters. Any violation of this section shall be punishable by a fine of eighty- |
4 | five dollars ($85.00) for a first offense of three hundred fifty dollars ($350). The fine for a second |
5 | offense shall be six hundred dollars ($600). The fine for a third and subsequent offense shall be |
6 | seven hundred fifty dollars ($750). |
7 | SECTION 3. Section 31-47-9 of the General Laws in Chapter 31-47 entitled "Motor |
8 | Vehicle Reparations Act" is hereby amended to read as follows: |
9 | 31-47-9. Penalties. -- (a) Any owner of a motor vehicle registered in this state who shall |
10 | knowingly operate the motor vehicle or knowingly permit it to be operated in this state without |
11 | having in full force and effect the financial security required by the provisions of this chapter, and |
12 | any other person who shall operate in this state any motor vehicle registered in this state with the |
13 | knowledge that the owner of it does not have in full force and effect financial security, except a |
14 | person who, at the time of operation of the motor vehicle, had in effect an operator's policy of |
15 | liability insurance, as defined in this chapter, with respect to his or her operation of the vehicle, |
16 | may be subject to a mandatory suspension of license and registration as follows: |
17 | (1) For a first offense, a suspension of up to three (3) two (2) months and may shall be |
18 | fined one hundred dollars ($100) up to five hundred dollars ($500) three hundred fifty dollars |
19 | ($350); |
20 | (2) For a second offense, a suspension of six (6) months; and may shall be fined five |
21 | hundred dollars ($500) six hundred dollars ($600); and |
22 | (3) For a third and subsequent offense, a suspension of up to one year. Additionally, any |
23 | person violating this section a third or subsequent time shall be punished as a civil violation and |
24 | may shall be fined one thousand dollars ($1,000) seven hundred fifty dollars ($750). |
25 | (b) An order of suspension and impoundment of a license or registration, or both, shall |
26 | state that date on or before which the person is required to surrender the person's license or |
27 | certificate of registration and registration plates. The person is deemed to have surrendered the |
28 | license or certificate of registration and registration plates, in compliance with the order, if the |
29 | person does either of the following: |
30 | (1) On or before the date specified in the order, personally delivers the license or |
31 | certificate of registration and registration plates, or causes the delivery of those items, to the |
32 | administrator of the division of motor vehicles or court, whichever issued the order; |
33 | (2) Mails the license or certificate of registration and registration plates to the |
34 | administrator of the division of motor vehicles, in an envelope or container bearing a postmark |
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1 | showing a date no later than the date specified in the order. |
2 | (c) The administrator of the division of motor vehicles shall not restore any operating |
3 | privileges or registration rights suspended under this section or return any license, certificate of |
4 | registration, or registration plates impounded under this section unless the rights are not subject to |
5 | suspension or revocation under any other law and unless the person, in addition to complying |
6 | with all other conditions required by law for reinstatement of operating privileges or registration |
7 | rights, complies with all of the following: |
8 | (1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be |
9 | increased, upon approval of the administrator of the division of motor vehicles, up to an amount |
10 | not exceeding fifty dollars ($50.00). |
11 | (2) Files and maintains proof of financial security. To facilitate the administration of this |
12 | chapter the clerk of the courts shall notify the administrator of the division of motor vehicles of |
13 | all persons against whom judgments have been entered arising out of a motor vehicle collision. |
14 | SECTION 4. This act shall take effect upon passage. |
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LC005033 | |
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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 | |
*** | |
1 | This act would create an electronic automobile and commercial vehicle liability insurance |
2 | confirmation and compliance system in the state. The act would also provide for mandatory fines |
3 | for operating a vehicle without evidence of registration and for operating without having financial |
4 | security in full force and effect. |
5 | This act would take effect upon passage. |
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LC005033 | |
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