2016 -- H 8188

========

LC005732

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO MOTOR VEHICLE AND OTHER VEHICLES - MOVING VIOLATIONS

     Introduced By: Representatives Carson, Lombardi, McEntee, McKiernan, and Almeida

     Date Introduced: May 06, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-14-1 of the General Laws in Chapter 31-14 entitled "Speed

Restrictions" is hereby amended to read as follows:

     31-14-1. Reasonable and prudent speeds. – (a) No person shall drive a vehicle on a

highway at a speed greater than is reasonable and prudent under the conditions and having regard

to the actual and potential hazards then existing. In every event, speed shall be so controlled as

may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering

the highway in compliance with legal requirements and the duty of all persons to use due care.

Violations of this section are subject to fines enumerated in § 31-41.1-4, unless bodily injury,

serious bodily injury or death occurs to any person other than the offending operator under this

section.

     (b) When bodily injury of any person other than the offending operator of any motor

vehicle is caused by violation of this section, the offending operator shall be fined two hundred

dollars ($200). When serious bodily injury of any person other than the offending operator of any

motor vehicle is caused by violation of this section, the offending operator shall be fined five

hundred dollars ($500) and their driver's license shall be suspended for a period of three (3)

months. When the death of any person other than the offending operator of any motor vehicle is

caused by violation of this section, the offending operator shall be fined one thousand dollars

($1,000) and their driver's license shall be suspended for a period of one year.

     (c) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

     SECTION 2. Section 31-15-16 of the General Laws in Chapter 31-15 entitled "Passing,

Use of Lanes, and Rules of the Road" is hereby amended to read as follows:

     31-15-16. Use of emergency break-down lane for travel. – (a) No person shall operate

a motor vehicle for travel on the emergency break-down lane of any highway. Violations of this

section are subject to fines enumerated in § 31-41.1-4, unless bodily injury, serious bodily injury

or death occurs to any person other than the offending operator under this section.

     (b) When bodily injury of any person other than the offending operator of any motor

vehicle is caused by violation of this section, the offending operator shall be fined two hundred

dollars ($200). When serious bodily injury of any person other than the offending operator of any

motor vehicle is caused by violation of this section, the offending operator shall be fined five

hundred dollars ($500) and their driver's license shall be suspended for a period of three (3)

months. When the death of any person other than the offending operator of any motor vehicle is

caused by violation of this section, the offending operator shall be fined one thousand dollars

($1,000) and their driver's license shall be suspended for a period of one year.

     (c) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

     SECTION 3. Sections 31-17-5.1 and 31-17-9 of the General Laws in Chapter 31-17

entitled "Right-of-Way" are hereby amended to read as follows:

     31-17-5.1. Penalties. – (a) Any person who violates any provision of §§ 31-17-1 -- 31-

17-5, pertaining to the right-of-way of pedestrians, upon conviction, shall be sentenced to pay a

fine of not more than seventy-five ($75.00), unless bodily injury, serious bodily injury or death

occurs to any person other than the offending operator under this section.

     (b) When bodily injury of any person other than the offending operator of any motor

vehicle is caused by violation of §§31-17-1 through 31-17-5, the offending operator shall be fined

two hundred dollars ($200). When serious bodily injury of any person other than the offending

operator of any motor vehicle is caused by violation of §§31-17-1 through 31-17-5, the offending

operator shall be fined five hundred dollars ($500) and their driver's license shall be suspended

for a period of three (3) months. When the death of any person other than the offending operator

of any motor vehicle is caused by violation of §§31-17-1 through 31-17-5, the offending operator

shall be fined one thousand dollars ($1,000) and their driver's license shall be suspended for a

period of one year.

LC005732 - Page 2 of 4

     (c) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

     31-17-9. Yielding to riders on bicycle lane. -- (a) The driver of a vehicle about to cross

or to turn left or right across a bicycle lane shall yield the right-of-way to any person operating a

bicycle or motorized wheelchair upon the bicycle lane.

      (b) Any driver of a vehicle convicted of violating the provisions of this section shall be

subject to the fines enumerated in § 31-41.1-4, unless bodily injury, serious bodily injury or death

occurs to any person other than the offending operator under this section.

     (c) When bodily injury of any person other than the offending operator of any motor

vehicle is caused by violation of this section, the offending operator shall be fined two hundred

dollars ($200). When serious bodily injury of any person other than the offending operator of any

motor vehicle is caused by violation of this section, the offending operator shall be fined five

hundred dollars ($500) and their driver's license shall be suspended for a period of three (3)

months. When the death of any person other than the offending operator of any motor vehicle is

caused by violation of this section, the offending operator shall be fined one thousand dollars

($1,000) and their driver's license shall be suspended for a period of one year.

     (d) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

     SECTION 4. This act shall take effect upon passage.

========

LC005732

========

LC005732 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR VEHICLE AND OTHER VEHICLES - MOVING VIOLATIONS

***

     This act would increase the fine motorists pay for not driving reasonable and prudent

speeds, emergency break-down lane travel, and right-of-way violations, if the violation caused

bodily injury to someone other than themselves.

     This act would take effect upon passage.

========

LC005732

========

LC005732 - Page 4 of 4