2016 -- S 2117

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LC003847

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE REPARATIONS

ACT

     Introduced By: Senators Archambault, Jabour, Lombardi, and McCaffrey

     Date Introduced: January 21, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-47-12 of the General Laws in Chapter 31-47 entitled "Motor

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

motor vehicles pursuant to this chapter.

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

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

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

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

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

      (1) A certificate of proof of financial responsibility;

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

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

      (4) A certificate of self insurance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of checking for evidence of proof of financial security.

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

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

injury, death, etc.

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

other appropriate court.

     (f) Any operator of a motor vehicle registered in this state who shall operate a motor

vehicle without proof of financial security, as defined in this chapter, being in full force and effect

on the date of the motor vehicle stop or accident, may be subject to suspension of license and

fines as follows:

     (1) For a first offense, a suspension of up to thirty (30) days and may be fined one

hundred dollars ($100) up to two hundred and fifty dollars ($250);

     (2) For a second offense, a suspension of up to three (3) months and may be fined from

two hundred and fifty dollars ($250) up to five hundred ($500); and

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

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

may be fined one thousand dollars ($1,000).

     SECTION 2. This act shall take effect upon passage.

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LC003847

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE REPARATIONS

ACT

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     This act would enhance the penalties for driving a motor vehicle without proof of

financial responsibility.

     This act would take effect upon passage.

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LC003847

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