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

     

     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:

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     SECTION 1. Section 31-47-9 of the General Laws in Chapter 31-47 entitled "Motor

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

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     31-47-9. Penalties.

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     (a) Any owner of a motor vehicle registered in this state who shall knowingly operate the

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motor vehicle or knowingly permit it to be operated in this state without having in full force and

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effect the financial security required by the provisions of this chapter, and any other person who

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shall operate in this state any motor vehicle registered in this state with the knowledge that the

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owner of it does not have in full force and effect financial security, except a person who, at the

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time of operation of the motor vehicle, had in effect an operator's policy of liability insurance, as

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defined in this chapter, with respect to his or her operation of the vehicle, may shall be subject to

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a mandatory suspension of license and registration as follows:

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     (1) For a first offense, a suspension of up to three (3) months and may be fined one

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hundred dollars ($100) up to five hundred dollars ($500);

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     (2) For a second offense, a suspension of six (6) months; and may be fined five hundred

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dollars ($500); and

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

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

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

 

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     (b) An order of suspension and impoundment of a license or registration, or both, shall

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state that date on or before which the person is required to surrender the person's license or

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certificate of registration and registration plates. The person is deemed to have surrendered the

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license or certificate of registration and registration plates, in compliance with the order, if the

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person does either of the following:

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     (1) On or before the date specified in the order, personally delivers the license or

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certificate of registration and registration plates, or causes the delivery of those items, to the

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administrator of the division of motor vehicles or court, whichever issued the order;

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     (2) Mails the license or certificate of registration and registration plates to the

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administrator of the division of motor vehicles, in an envelope or container bearing a postmark

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showing a date no later than the date specified in the order.

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     (c) The administrator of the division of motor vehicles shall not restore any operating

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privileges or registration rights suspended under this section or return any license, certificate of

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registration, or registration plates impounded under this section unless the rights are not subject to

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suspension or revocation under any other law and unless the person, in addition to complying

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with all other conditions required by law for reinstatement of operating privileges or registration

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rights, complies with all of the following:

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     (1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be

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increased, upon approval of the administrator of the division of motor vehicles, up to an amount

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not exceeding fifty dollars ($50.00).

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     (2) Files and maintains proof of financial security. To facilitate the administration of this

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chapter the clerk of the courts shall notify the administrator of the division of motor vehicles of

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all persons against whom judgments have been entered arising out of a motor vehicle collision.

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     (d) Any owner or operator, as set forth in subsection (a) of this section, shall be presumed

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to have knowledge that the vehicle did not have the required financial security, if they have been

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previously charged under this section within the six (6) months immediately preceding a new

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charge. This presumption may be rebutted by admissible and competent evidence.

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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 -- MOTOR VEHICLE REPARATIONS

ACT

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     This act would create a rebuttable presumption that an owner or operator of a motor

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vehicle is in noncompliance with financial security if they have been previously been charged

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with the same violation within six (6) months preceding the new charge.

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     This act would take effect upon passage.

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