2015 -- S 0260

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LC000905

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- LEFT TURN PENALTIES

     Introduced By: Senators Sosnowski, Gee, and Sheehan

     Date Introduced: February 11, 2015

     Referred To: Senate Judiciary

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 31-17 of the General Laws entitled "Right-of-Way" is hereby

amended by adding thereto the following section:

     31-17-2.1. Left turns on Route 1 in North Kingstown and South Kingstown. -- Any

driver that makes a left turn in violation of § 31-17-2(a) while operating his or her motor vehicle

on Route 1 in the towns of North Kingstown and South Kingstown, shall pay a fine of two

hundred dollars ($200) which cannot be paid by mail, would require a court appearance to

dispose of the alleged violation, and is exempted from the benefits of the good-driving laws found

in § 31-41.1-7. The enhanced penalties contained in § 31-17-2 if serious bodily injury is sustained

by a person other than the offending motorist, shall apply to violations of this section.

     SECTION 2. Section 31-41.1-7 of the General Laws in Chapter 31-41.1 entitled

"Adjudication of Traffic Offenses" is hereby amended to read as follows:

     31-41.1-7. Application for dismissal based on good driving record. -- (a) Any person

who has had a motor vehicle operator's license for more than three (3) years, and who has been

issued traffic violations which are his or her first violations within the preceding three (3) years,

may request a hearing seeking a dismissal of the violations based upon the operator's good

driving record.

      (b) Upon submission of proper proof that the operator has not been issued any other

traffic violation within the past three (3) years, the charge shall, except for good cause shown or

as otherwise provided by law, be dismissed based upon a good driving record; provided, that the

operator pay a thirty-five dollar ($35.00) administrative fee for court costs associated with the

dismissal. Additionally, beginning July 1, 2014, there shall be imposed a twenty-five dollar

($25.00) surcharge on all dismissals based upon a good driving record to be deposited into the

Rhode Island highway maintenance account.

      (c) The traffic tribunal may not dismiss a charge pursuant to this section after six (6)

months from the date of disposition. For purposes of this section, a parking ticket shall not

constitute a prior violation.

      (d) The following violations shall not be dismissed pursuant to this statute:

      (1) Any violation within the original jurisdiction of superior or district court;

      (2) A refusal to submit to a chemical test of breath, blood or urine pursuant to § 31-27-

2.1;

      (3) Any violation involving a school bus;

      (4) Any violation involving an accident where there has been property damage or

personal injury;

      (5) Any speeding violation in excess of fourteen miles per hour (14 m.p.h.) above the

posted speed limit;

      (6) Any violation involving child restraints in motor vehicles pursuant to § 31-22-22;

      (7) Any violation committed by a holder of a commercial license as defined in § 31-

10.3-3 or any violation committed in a commercial motor vehicle as defined in § 31-10.3-3 by an

operator who does not hold a commercial license. ;

     (8) Any violation involving a left hand turn pursuant to § 31-17-2.1.

      (e) If the charge is dismissed pursuant to this section, records of the dismissal shall be

maintained for a period of three (3) years.

      (f) The judge or magistrate shall have the discretion to waive court costs and fees when

dismissing a violation pursuant to this section, with the exception of the mandatory thirty-five

dollars ($35.00) administrative fee and the twenty-five dollar ($25.00) surcharge provided for in §

31-41.1-7(b).

     SECTION 3. 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 -- LEFT TURN PENALTIES

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     This act would increase the penalties for illegal left turns that occur on Route 1 in the

towns of North Kingstown and South Kingstown. Violators would be required to appear in court

for violations, and would not be allowed the benefits of the good driving record law.

     This act would take effect upon passage.

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