2017 -- S 0064 | |
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LC000435 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE REPARATIONS | |
ACT | |
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Introduced By: Senators Archambault, Lombardi, McCaffrey, Jabour, and Conley | |
Date Introduced: January 18, 2017 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 31-47-9 of the General Laws in Chapter 31-47 entitled "Motor |
2 | Vehicle Reparations Act" is hereby amended to read as follows: |
3 | 31-47-9. Penalties. |
4 | (a) Any owner of a motor vehicle registered in this state who shall knowingly operate the |
5 | motor vehicle or knowingly permit it to be operated in this state without having in full force and |
6 | effect the financial security required by the provisions of this chapter, and any other person who |
7 | shall operate in this state any motor vehicle registered in this state with the knowledge that the |
8 | owner of it does not have in full force and effect financial security, except a person who, at the |
9 | time of operation of the motor vehicle, had in effect an operator's policy of liability insurance, as |
10 | defined in this chapter, with respect to his or her operation of the vehicle, may shall be subject to |
11 | a mandatory suspension of license and registration as follows: |
12 | (1) For a first offense, a suspension of up to three (3) months and may be fined one |
13 | hundred dollars ($100) up to five hundred dollars ($500); |
14 | (2) For a second offense, a suspension of six (6) months; and may be fined five hundred |
15 | dollars ($500); and |
16 | (3) For a third and subsequent offense, a suspension of up to one year. Additionally, any |
17 | person violating this section a third or subsequent time shall be punished as a civil violation and |
18 | may be fined one thousand dollars ($1,000). |
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1 | (b) An order of suspension and impoundment of a license or registration, or both, shall |
2 | state that date on or before which the person is required to surrender the person's license or |
3 | certificate of registration and registration plates. The person is deemed to have surrendered the |
4 | license or certificate of registration and registration plates, in compliance with the order, if the |
5 | person does either of the following: |
6 | (1) On or before the date specified in the order, personally delivers the license or |
7 | certificate of registration and registration plates, or causes the delivery of those items, to the |
8 | administrator of the division of motor vehicles or court, whichever issued the order; |
9 | (2) Mails the license or certificate of registration and registration plates to the |
10 | administrator of the division of motor vehicles, in an envelope or container bearing a postmark |
11 | showing a date no later than the date specified in the order. |
12 | (c) The administrator of the division of motor vehicles shall not restore any operating |
13 | privileges or registration rights suspended under this section or return any license, certificate of |
14 | registration, or registration plates impounded under this section unless the rights are not subject to |
15 | suspension or revocation under any other law and unless the person, in addition to complying |
16 | with all other conditions required by law for reinstatement of operating privileges or registration |
17 | rights, complies with all of the following: |
18 | (1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be |
19 | increased, upon approval of the administrator of the division of motor vehicles, up to an amount |
20 | not exceeding fifty dollars ($50.00). |
21 | (2) Files and maintains proof of financial security. To facilitate the administration of this |
22 | chapter the clerk of the courts shall notify the administrator of the division of motor vehicles of |
23 | all persons against whom judgments have been entered arising out of a motor vehicle collision. |
24 | (d) Any owner or operator, as set forth in subsection (a) of this section, shall be presumed |
25 | to have knowledge that the vehicle did not have the required financial security, if they have been |
26 | previously charged under this section within the six (6) months immediately preceding a new |
27 | charge. This presumption may be rebutted by admissible and competent evidence. |
28 | SECTION 2. This act shall take effect upon passage. |
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LC000435 | |
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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 | |
*** | |
1 | This act would create a rebuttable presumption that an owner or operator of a motor |
2 | vehicle is in noncompliance with financial security if they have been previously been charged |
3 | with the same violation within six (6) months preceding the new charge. |
4 | This act would take effect upon passage. |
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LC000435 | |
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