2016 -- H 7321

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LC003808

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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 -- ELECTRONIC CONFIRMATION AND

COMPLIANCE SYSTEM

     

     Introduced By: Representative Robert B. Jacquard

     Date Introduced: January 27, 2016

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

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VEHICLES" is hereby amended by adding thereto the following chapter:

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CHAPTER 21.3

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ELECTRONIC CONFIRMATION AND COMPLIANCE SYSTEM ACT

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     31-21.3-1. Short title -- Enabling act. – This act shall be known and may be cited as the

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"Rhode Island Electronic Confirmation and Compliance System Act", and any department so

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designated by this act may solicit proposals with a third party in order to implement the

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provisions of this chapter which shall be enabling.

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     31-21.3-2. Definitions. – When used in this chapter:

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     (1) "Administrator" means the administrator of the division of motor vehicles;

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     (2) "Commissioner" means the commissioner of the department of public safety;

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     (3) "Department" means the department of public safety;

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      (4) "Division" means the division of motor vehicles (DMV);

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     (5) "Financial responsibility" means the ability to satisfy the requirements established in

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chapter 31 of this title;

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     (6) "IICMVA" means the Insurance Industry Committee on Motor Vehicle

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Administration;

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     (7) "NLETS" means the national law enforcement telecommunications system;

 

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     (8) "Noninvasive" means personal identifying information including a name and address

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is not contained or displayed;

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     (9) "RILETS" means the Rhode Island law enforcement telecommunications system.

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     31-21.3-3. Electronic insurance confirmation and compliance system. – (a) The

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commissioner of the department of public safety or designee(s) shall be authorized to solicit

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proposals from a third party to implement an electronic automobile and commercial vehicle

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liability insurance confirmation and compliance system in the state that shall be limited to the

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following:

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     (1) A system to make interstate vehicle insurance and registration status available to law

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enforcement for automated query at any time through the NLETS used by law enforcement in this

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state and all others and which is fully interfaced with the RILETS system, department's law

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enforcement message switch communications and hot file database system and which is in turn

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linked to the division;

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     (2) A system to provide interstate automobile and commercial vehicle insurance

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information to emergency medical service providers;

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     (3) A verification system to provide courts with financial responsibility status for the

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court date, the citation date, the day prior to the citation date, and a history of the vehicle's periods

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of coverage, regarding, interstate vehicles identified as non-compliant;

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     (4) An automatic license plate recognition system to electronically capture license plate

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images in two (2) seconds or less and noninvasively attempt verification of the insurance and

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when possible, the registration status of the interstate vehicle. If the vehicle is covered under an

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automobile insurance policy or properly registered or there is no conclusive proof of non-

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compliance as determined by a law enforcement officer, the automatic license plate recognition

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system shall erase the record of the vehicle's license plate within one minute;

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     (5) A system to provide secure postal notification, telephone and internet-based help

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desk, verification and secure collection services for the state regarding citations issued by this

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system;

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     (6) A system that provides secure, dedicated, electronic portals with appropriate

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information for authorized users as determined by the director;

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     (7) A system that provides a help desk service with live operators, but also an internet-

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based response service so that citations can be challenged and any errors corrected in support of

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the public, and also to reduce the burdens that might otherwise be placed upon the traffic tribunal.

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     (b) All costs, including, but not limited to, development, manufacture, implementation,

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maintenance, operation, purchasing, cost of alterations and upgrades to the system, connection

 

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costs, or any other expense necessary to implement and maintain the system authorized by this

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chapter shall be borne by the third party and not the state.

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     31-21.3-4. Procedure -- Notice. – (a) Except as expressly provided in this chapter, all

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prosecutions based on evidence produced by this confirmation and compliance system shall

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follow the procedures established in chapter 41.1 of this title, chapter 18 of title 8 of the general

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laws and the rules promulgated by the chief magistrate of the traffic tribunal for the hearing of

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civil traffic violations in the traffic tribunal; provided, that in an action brought pursuant to the

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provisions of this chapter, referenced in chapter 41.1 of this title to an "operator" shall apply to

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the registered owner of the vehicle. A universal summons shall be issued by a Rhode Island

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police officer solely based on evidence obtained by use of a live digital video vehicle

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confirmation and compliance system. All summonses issued based on evidence obtained from a

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live digital video vehicle confirmation and compliance system shall be issued within seven (7)

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days of the violation. Notwithstanding any provisions of the general or public laws to the

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contrary, exclusive jurisdiction to hear and decide any violation under this chapter shall be with

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the traffic tribunal.

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     (b) It shall be sufficient to commence a prosecution based on evidence obtained from a

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live digital video vehicle confirmation and compliance system. A copy of the summons and

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supporting documentation shall be mailed to the address of the registered owner. For purposes of

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this section, the date of issuance shall be the date of mailing.

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     (c) The officer issuing the summons shall certify under penalties of perjury that the

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evidence obtained from the live digital video vehicle confirmation and compliance system was

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sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be

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sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment

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upon sufficient proof of actual notice in all cases where the citation is not answered within the

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time period permitted.

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     (d) The summons shall contain all the information provided for on the summons as set

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forth to in §31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the

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traffic tribunal, as well as the date, time, and location of the violation. In addition, the following

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information shall be attached to or accompany the summons:

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     (1) Copies of two (2) or more photographs, or microphotographs, videos, or other

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enforcement information approved by the officer that, based on inspection of recorded images,

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the motor vehicle was being operated in violation of this chapter;

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     (2) A signed statement that the recorded images are evidence of a violation of this

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chapter;

 

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     (3) A statement that the person who receives the summons under this chapter may either

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pay the civil fine or elect to stand trial for the alleged violation;

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     (4) A signed affidavit by a law enforcement officer who witnessed the motor vehicle

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being operated in violation of this chapter as they reviewed recorded images;

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     (5) The contact telephone numbers, addresses and both facsimile and internet addresses

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to provide proof of compliance along with a statement of procedures and confirmation that the

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record will be modified should proper proof be provided and pending charges dismissed; and

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     (6) A signed statement certified under the penalties of perjury by a trained law

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enforcement officer that the summons and attachments required under this subsection were

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mailed to the address of the registered owner kept on file by the registry of motor vehicles.

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     (e) Any summons issued pursuant to this chapter shall be issued by a law enforcement

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officer authorized to issue a traffic violation summons pursuant to title 31.

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     31-21.3-5. Driver/registered owner liability. – (a) The registered owner of a motor

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vehicle shall not operate or allow the motor vehicle to be operated in violation of this chapter.

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     (b) In all prosecutions of civil traffic violations based on evidence obtained from a live

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digital video vehicle confirmation and compliance system as provided under this chapter, the

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registered owner of the vehicle shall be responsible in all prosecutions of violations pursuant to

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the provisions of this chapter, except as otherwise provided under this chapter.

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     (c) In the event that the registered owner of the vehicle operated in violation of this

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chapter was not the operator of the vehicle at the time of the violation, the registered owner shall

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be responsible for the violation:

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     31-21.3-6. Fines revenue allocation. – (a) The state shall not be responsible for the cost

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of the implementation and administration of the electronic verification system created by this

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chapter.

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     (b) All revenue generated by the implementation of this chapter shall be shared equally

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by the state and the third party, unless otherwise agreed to in writing by the parties.

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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 -- ELECTRONIC CONFIRMATION AND

COMPLIANCE SYSTEM

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     This act would create an electronic automobile and commercial vehicle liability insurance

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confirmation and compliance system in the state, which system would be known and cited as the

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"Electronic Confirmation and Compliance System Act".

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     This act would take effect upon passage.

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