2016 -- S 2425

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LC004715

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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

     

     Introduced By: Senators Nesselbush, P Fogarty, and Miller

     Date Introduced: February 11, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-38-3 and 31-38-4 of the General Laws in Chapter 31-38

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entitled “Inspection of Motor Vehicles” are hereby amended to read as follows:

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     31-38-3. Owners and drivers to comply with inspection laws. -- (a) No seller at retail

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or person driving a vehicle shall refuse to submit the vehicle to an inspection and test as required

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by § 31-38-2.

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     (b) Every seller at retail, owner, or driver, upon receiving a notice as provided in § 31-38-

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2, shall comply with it and shall within five (5) days forward the approved notice to the

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department of revenue. In the event of noncompliance with this subsection, the vehicle shall not

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be operated on any highways of this state.

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     (c) Any vehicle which is found to be in such unsafe condition as to the brakes, steering,

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or other equipment as to be hazardous to permit it to be sold or driven from the place of

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inspection, then the vehicle shall not be permitted to be operated under its own power. The

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registration shall be immediately suspended by the department of revenue and the plates and

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certificates immediately returned to the department of revenue.

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     (d) In the event repair or adjustment of any vehicle or its equipment is found necessary

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upon inspection, the seller at retail or owner of the vehicle may obtain the repair or adjustment at

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any place he or she may choose, but in every event an approval shall be obtained, otherwise the

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vehicle shall not be operated upon the highways of this state.

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     (e) Violations of this section are subject to fines enumerated in § 31-41.1-4. In no event

 

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shall the operator of a vehicle that is not inspected as required by subsection (a) of this section, be

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subject to any fine pursuant to §31-41.1-4 or any other penalty for the failure of the owner to

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have the vehicle inspected, provided that the operator is not the registered or title owner of said

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vehicle. Any citations issued for a violation of this chapter shall be issued to the seller at retail or

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the registered and/or titled owner.

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     31-38-4. Director of department of revenue to require periodic inspection. -- (a)(1)

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The director of revenue shall at least once each year, but not more frequently than twice each

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year, or on the schedule defined pursuant to chapter 47.1 of this title require that every vehicle,

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trailer, semitrailer, and pole trailer registered in this state or upon a retail seller's premise, be

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inspected and that an official certificate of inspection and approval be obtained for the vehicle,

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provided, that the director of revenue shall require the first inspection of any new motor vehicle

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within two (2) years from the date of purchase or before the vehicle accumulates twenty-four

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thousand (24,000) miles whichever occurs first.

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     (2) The inspections shall be made and the certificates obtained with respect to the

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mechanism, brakes, and equipment of the vehicle as shall be designated by the director of

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department of revenue.

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     (3) The director of the department of revenue is authorized to make necessary rules and

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regulations for the administration and enforcement of this chapter including, but not limited to,

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upgraded standards of operation and standards for mechanical testing equipment, and to designate

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any period or periods of time during which sellers at retail and owners of any vehicles, subject to

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this chapter, shall display upon the vehicles certificates of inspection and approval, or shall

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produce these certificates upon demand of any proper officer or employee of the department of

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revenue designated by the director of the department of revenue. In addition, the director shall

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require each inspection facility to file a copy of their active garage keeper's legal liability

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insurance policy and maintain a minimum of twenty-five thousand dollars ($25,000) liability

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coverage. Said coverage shall be purchased for the purpose of insuring against any damage

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sustained to a vehicle while under the control of the inspection facility.

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     (b) The director of the department of revenue may authorize the acceptance in this state

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of a certificate of inspection and approval issued in another state having an inspection law similar

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to this chapter, and may extend the time within which a certificate shall be obtained.

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     (c) The director of the department of revenue, or the director's designee, may suspend the

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registration of any vehicle which he or she determines is in such unsafe condition as to constitute

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a menace to safety, or which, after notice and demand, is not equipped as required in this chapter

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or for which a required certificate of inspection and approval has not been obtained.

 

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     (d) The director of the department of revenue shall provide for a staggered inspection

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system by regulations.

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     (e) Violations by any seller at retail or any owner of a motor vehicle, of this section are

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subject to fines enumerated in § 31-41.1-4. In no event shall the operator of a vehicle that is not

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inspected as required by subsection (a)(3) of this section, be subject to any fine pursuant to §31-

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41.1-4 or any other penalty for the failure of the owner to have the vehicle inspected, provided

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that the operator is not the registered or title owner of said vehicle. Any citations issued for a

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violation of this chapter shall be issued to the registered and/or titled owner.

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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

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     This act would make the owner of any vehicle not inspected as required by §§31-38-3 or

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31-38-4 responsible for any fines or penalties imposed as a result of non-inspection and would

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prohibit any law enforcement officer, from citing the operator of said vehicle.

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     This act would take effect upon passage.

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