2018 -- H 7956 SUBSTITUTE A AS AMENDED | |
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LC005209/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC | |
OFFENSES | |
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Introduced By: Representatives Craven, Diaz, Kennedy, Williams, and McEntee | |
Date Introduced: March 15, 2018 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled |
2 | "Adjudication of Traffic Offenses" is hereby amended to read as follows: |
3 | 31-41.1-4. Schedule of violations. |
4 | (a) The penalties for violations of the enumerated sections, listed in numerical order, |
5 | correspond to the fines described. However, those offenses for which punishments may vary |
6 | according to the severity of the offense, or punishment that require the violator to perform a |
7 | service, shall be heard and decided by the traffic tribunal or municipal court. The following |
8 | violations may be handled administratively through the method prescribed in this chapter. This |
9 | list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other |
10 | violations. |
11 | VIOLATIONS SCHEDULE |
12 | Sections of Total |
13 | General Laws Fine |
14 | 8-8.2-2 DOT, DEM, or other agency and department violations $85.00 |
15 | 24-10-17 Soliciting rides in motor vehicles 85.00 |
16 | 24-10-18 Backing up prohibited 85.00 |
17 | 24-10-20 Park and ride lots 85.00 |
18 | 24-12-37 Nonpayment of toll 100.00 |
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1 | 31-3-12 Visibility of plates 85.00 |
2 | 31-3-18 Display of plates 85.00 |
3 | 31-3-32 Driving with expired registration 85.00 |
4 | 31-3-34 Failure to notify division of change of address 85.00 |
5 | 31-3-35 Notice of change of name 85.00 |
6 | 31-3-40 Temporary plates – dealer issued 85.00 |
7 | 31-4-3 Temporary registration – twenty (20) day bill of sale 85.00 |
8 | 31-10-10 Rules as to armed forces license 85.00 |
9 | 31-10-30 Driving on expired license 85.00 |
10 | 31-10-32 Notice of change of address 85.00 |
11 | 31-10.1-4 No motorcycle helmet (operator) 85.00 |
12 | 31-10.1-5 Motorcycle handlebar violation 85.00 |
13 | 31-10.1-6 No motorcycle helmet (passenger) 85.00 |
14 | 31-10.1-7 Inspection of motorcycle required 85.00 |
15 | 31-12-12 Local motor vehicle ordinance 85.00 |
16 | 31-13-04 Obedience to devices 85.00 |
17 | 31-13-6(3)(i) Eluding traffic light 85.00 |
18 | 31-13-09 Flashing signals 85.00 |
19 | 31-13-11 Injury to signs or devices 85.00 |
20 | 31-14-1 Reasonable and prudent speed 95.00 |
21 | 31-14-03 Condition requiring reduced speed 95.00 |
22 | 31-14-09 Below minimum speed 95.00 |
23 | 31-14-12 Speed limit on bridges and structures 95.00 |
24 | 31-15-1 Leaving lane of travel 85.00 |
25 | 31-15-2 Slow traffic to right 85.00 |
26 | 31-15-3 Operator left of center 85.00 |
27 | 31-15-4 Overtaking on left 85.00 |
28 | 31-15-5(a) Overtaking on right 85.00 |
29 | 31-15-6 Clearance for overtaking 85.00 |
30 | 31-15-7 Places where overtaking prohibited 85.00 |
31 | 31-15-8 No passing zone 85.00 |
32 | 31-15-9 One way highways 85.00 |
33 | 31-15-10 Rotary traffic islands 85.00 |
34 | 31-15-11 Laned roadway violation 85.00 |
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1 | 31-15-12 Following too closely 85.00 |
2 | 31-15-12.1 Entering intersection 100.00 |
3 | 31-15-13 Crossing center section of divided highway 85.00 |
4 | 31-15-14 Entering or leaving limited access roadways 85.00 |
5 | 31-15-16 Use of emergency break-down lane for travel 85.00 |
6 | 31-15-17 Crossing bicycle lane 85.00 |
7 | 31-15-18 Unsafe passing of person operating a bicycle 85.00 |
8 | 31-16-1 Care in starting from stop 85.00 |
9 | 31-16-2 Manner of turning at intersection 85.00 |
10 | 31-16-4 U turn where prohibited 85.00 |
11 | 31-16-5 Turn signal required 85.00 |
12 | 31-16-6 Time of signaling turn 85.00 |
13 | 31-16-7 Failure to give stop signal 85.00 |
14 | 31-16-8 Method of giving signals 85.00 |
15 | 31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00 |
16 | second and subsequent offense not to exceed 500.00 |
17 | 31-17-1 Failure to yield right of way 85.00 |
18 | 31-17-2 Vehicle turning left 85.00 |
19 | 31-17-3 Yield right of way (intersection) 85.00 |
20 | 31-17-4 Obedience to stop signs 85.00 |
21 | 31-17-5 Entering from private road or driveway 85.00 |
22 | 31-17-8 Vehicle within right of way, rotary 85.00 |
23 | 31-17-9 Yielding to bicycles on bicycle lane 85.00 |
24 | 31-18-3 Right of way in crosswalks first violation 85.00 |
25 | second violation or any subsequent violation $100.00 |
26 | 31-18-5 Crossing other than at crosswalks 85.00 |
27 | 31-18-8 Due care by drivers 85.00 |
28 | 31-18-12 Hitchhiking 85.00 |
29 | 31-18-18 Right of way on sidewalks 85.00 |
30 | 31-19-3 Traffic laws applied to bicycles 85.00 |
31 | 31-19-20 Sale of new bicycles 85.00 |
32 | 31-19-21 Sale of used bicycles 85.00 |
33 | 31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 |
34 | 31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 |
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1 | 31-20-1 Failure to stop at railroad crossing 85.00 |
2 | 31-20-2 Driving through railroad gate 85.00 |
3 | 31-20-9 Obedience to stop sign 85.00 |
4 | 31-21-4 Places where parking or stopping prohibited 85.00 |
5 | 31-21-14 Opening of vehicle doors 85.00 |
6 | 31-21-18 Electric vehicle charging station restriction 85.00 |
7 | 31-22-2 Improper backing up 85.00 |
8 | 31-22-4 Overloading vehicle 85.00 |
9 | 31-22-5 Violation of safety zone 85.00 |
10 | 31-22-6 Coasting 85.00 |
11 | 31-22-7 Following fire apparatus 85.00 |
12 | 31-22-8 Crossing fire hose 85.00 |
13 | 31-22-9 Throwing debris on highway – snow removal 85.00 |
14 | 31-22-11.5 Improper use of school bus– not to exceed five hundred dollars |
15 | for each day of improper use ($500) |
16 | 31-22-22(a) No child restraint 85.00 |
17 | 31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00 |
18 | 31-22-22(b), (f) No seat belt – passenger 40.00 |
19 | 31-22-22(g) No seat belt – operator 40.00 |
20 | 31-22-23 Tow trucks – proper identification 275.00 |
21 | 31-22-24 Operation of interior lights 85.00 |
22 | 31-23-1(b)(2) U.S. department of transportation motor carrier safety rules |
23 | and regulations Not less than $85.00 |
24 | or more than $500.00 |
25 | 31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00 |
26 | 31-23-1(e)(7) Operation of an "out of service vehicle" 100.00 |
27 | 31-23-2(b) Installation or adjustment of unsafe or prohibited parts, |
28 | equipment, or accessories: |
29 | (first offense) 250.00 |
30 | (second offense) 500.00 |
31 | (third and subsequent offenses 1,000.00 |
32 | 31-23-4 Brake equipment required 85.00 |
33 | 31-23-8 Horn required 85.00 |
34 | 31-23-10 Sirens prohibited 85.00 |
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1 | 31-23-13 Muffler required 85.00 |
2 | 31-23-13.1 Altering height or operating a motor vehicle with an |
3 | altered height 85.00 |
4 | 31-23-14 Prevention of excessive fumes or smoke 85.00 |
5 | 31-23-16 Windshield and window stickers (visibility) 85.00 |
6 | 31-23-17 Windshield wipers 85.00 |
7 | 31-23-19 Metal tires prohibited 85.00 |
8 | 31-23-20 Protuberances on tires 85.00 |
9 | 31-23-26 Fenders and wheel flaps required 85.00 |
10 | 31-23-27 Rear wheel flaps on buses, trucks and trailer 85.00 |
11 | 31-23-29 Flares or red flag required over four thousand pounds |
12 | (4,000 lbs.) 85.00 |
13 | 31-23-40 Approved types of seat belt requirements 85.00 |
14 | 31-23-42.1 Special mirror – school bus 85.00 |
15 | 31-23-43 Chocks required (1 pair) – over four thousand pounds |
16 | (4,000 lbs.) 85.00 |
17 | 31-23-45 Tire treads – defective tires 85.00 |
18 | 31-23-47 Slow moving emblem required 85.00 |
19 | 31-23-49 Transportation of gasoline – passenger vehicle 85.00 |
20 | 31-23-51 Operating bike or motor vehicle wearing ear phones |
21 | (first offense) 85.00 |
22 | second offense 95.00 |
23 | for the third and each subsequent offense 140.00 |
24 | 31-24-1 through 31-24-54 Times when lights required 85.00 |
25 | 31-25-03 Maximum width of one hundred and two inches (102") |
26 | exceeded 85.00 |
27 | 31-25-04 Maximum height of one hundred sixty-two inches (162") |
28 | exceeded 85.00 |
29 | 31-25-06 Maximum number and length of coupled vehicles 500.00 |
30 | 31-25-07 Load extending three feet (3') front, six feet (6') rear |
31 | exceeded 85.00 |
32 | 31-25-9 Leaking load 85.00 |
33 | 31-25-11 Connections between coupled vehicles 85.00 |
34 | 31-25-12 Towing chain, twelve inch (12") square flag required 85.00 |
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1 | 31-25-12.1 Tow truck – use of lanes |
2 | (first offense) 85.00 |
3 | second offense 95.00 |
4 | for the third and each subsequent offense 100.00 |
5 | 31-25-14(d)(1) Maximum weight and tandem axles 125.00 |
6 | 31-25-14(d)(2) Maximum weight and tandem axles 125.00 |
7 | 31-25-14(d)(3) Maximum weight and tandem axles 125.00 |
8 | 31-25-16(c)(2) Maximum weight shown in registration per thousand lbs. |
9 | overweight or portion thereof 85.00 |
10 | 31-25-16(c)(3) Maximum weight shown in registration per thousand lbs. |
11 | overweight or portion thereof. 125.00 |
12 | 31-25-16(c)(4) Maximum weight shown in registration 1,025.00 |
13 | plus per thousand pounds overweight or portion thereof $125.00 |
14 | 31-25-17 Identification of trucks and truck-tractors |
15 | (first offense) 85.00 |
16 | (second offense) 95.00 |
17 | for the third and subsequent offenses 125.00 |
18 | 31-25-24 Carrying and inspection of excess load limit 175.00 |
19 | 31-25-27(c) Maximum axle |
20 | (first offense) 3,000.00 |
21 | not to exceed 5,000.00 |
22 | for each and every subsequent offense |
23 | 31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River |
24 | Bridge |
25 | (first offense) 3,000.00 |
26 | not to exceed 5,000.00 |
27 | for each and every subsequent offense |
28 | 31-27-2.3 Refusal to take preliminary breath test 85.00 |
29 | 31-28-7(d) Wrongful use of handicapped parking placard 500.00 |
30 | 31-28-7(f) Handicapped parking space violation: |
31 | First offense 100.00 |
32 | Second offense 175.00 |
33 | Third offense and subsequent offenses 325.00 |
34 | 31-28-7.1(e) Wrongful use of institutional handicapped parking |
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1 | placard 125.00 |
2 | 31-33-2 Failure to file accident report 85.00 |
3 | 31-36.1-17 No fuel tax stamp (out-of-state) 85.00 |
4 | and not exceeding for subsequent offense ($100) |
5 | 31-38-3 No inspection sticker 85.00 |
6 | 31-38-4 Violation of inspection laws 85.00 |
7 | 31-41.3-15 Automated school-zone-speed-enforcement system 50.00 |
8 | 31-47.2-06 Heavy-duty vehicle emission inspections: |
9 | First offense 125.00 |
10 | Second offense 525.00 |
11 | Third and subsequent offenses 1,025.00 |
12 | 37-15-7 Littering not less than 55.00 |
13 | not more than five hundred dollars ($500) |
14 | 39-12-26 Public carriers violation 300.00 |
15 | SPEEDING Fine |
16 | Fine |
17 | (A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 95.00 |
18 | (B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine |
19 | of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. 205.00 |
20 | minimum |
21 | (b) In addition to any other penalties provided by law, a judge may impose the following |
22 | penalties for speeding: |
23 | (1) For speeds up to and including ten miles per hour (10 mph) over the posted speed |
24 | limit on public highways, a fine as provided for in subsection (a) of this section for the first |
25 | offense; ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second |
26 | offense if within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for |
27 | each mile in excess of the speed limit for the third and any subsequent offense if within twelve |
28 | (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days. |
29 | (2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on |
30 | public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for |
31 | the first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the |
32 | second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per |
33 | mile for each mile in excess of the speed limit for the third and subsequent offense if within |
34 | twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) |
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1 | days. |
2 | (c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person |
3 | charged with a violation who pays the fine administratively pursuant to chapter 41.1 of title 31 |
4 | shall not be subject to any additional costs or assessments, including, but not limited to, the |
5 | hearing fee established in § 8-18-4. |
6 | SECTION 2. Section 31-41.3-4 of the General Laws in Chapter 31-41.3 entitled |
7 | "Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as |
8 | follows: |
9 | 31-41.3-4. Automated school-zone-speed-enforcement system operational |
10 | requirements and certification. |
11 | No automated school-zone-speed-enforcement system shall be used in the state of Rhode |
12 | Island unless the system has been approved and certified for use in the state by the director of the |
13 | department of transportation. The director of the department of transportation, in cooperation with |
14 | the state police, shall require that any automated school-zone-speed-enforcement system |
15 | approved and certified for use in the state of Rhode Island meets the following requirements: |
16 | (1) All automated school-zone-speed-enforcement systems operated under this chapter |
17 | shall record the speed of vehicles within plus or minus one mile per hour of the actual speed. |
18 | (2) All automated school-zone-speed-enforcement systems operated under this chapter |
19 | shall record at least two (2) photographic images of the vehicle exceeding the speed limit, one of |
20 | which shall include the license plate attached to the rear of the vehicle. |
21 | (3) All automated school-zone-speed-enforcement systems operated under this chapter |
22 | shall, at the time of violation, imprint upon the photographic images of vehicles exceeding the |
23 | speed limit: |
24 | (i) The date and time of the violation; and |
25 | (ii) The identity of the street, or school zone being monitored, and location upon that |
26 | street, or within that school zone, including the direction of travel and lane of travel; this |
27 | requirement may be met with code designations; and |
28 | (iii) The posted or lawfully designated speed limit for the street or school zone being |
29 | monitored; and |
30 | (iv) The monitored speed of the vehicle identified in the photographic images as |
31 | exceeding the posted or lawfully designated school zone speed limit; and |
32 | (v) The consecutive event number of each photograph taken. |
33 | (4) At least one hundred feet (100') prior to entering an automated school-zone area |
34 | where a speed-enforcement system is being operated, and on each approach to that area, four (4) |
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1 | signs each measuring three feet (3') in height by four feet (4') in width shall be erected in |
2 | locations where the view is unobstructed warning motorists that they will be entering an area |
3 | monitored by an automated speed-zone-enforcement system and that violators of speed |
4 | limitations may be prosecuted. The automated school-zone-speed-enforcement system shall be |
5 | operational only from seven o'clock a.m. (7:00 a.m.) to four o'clock p.m. (4:00 p.m.) on school |
6 | days of the promulgated one hundred eighty (180) day school calendar year adopted in the |
7 | applicable community. |
8 | (5) It shall be the vendor's responsibility to furnish an annual report with all pertinent data |
9 | to the speaker of the house and the senate president. |
10 | SECTION 3. Section 31-41.3-12 of the General Laws in Chapter 31-41.3 entitled |
11 | "Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as |
12 | follows: |
13 | 31-41.3-12. Nature of violations. |
14 | Notwithstanding any other provision of law: |
15 | (1) No violation for which a civil penalty is imposed under this chapter shall be |
16 | considered a moving violation; nor shall it be included on the driving record of the person on |
17 | whom the liability is imposed; nor shall it be used for insurance rating purposes in providing |
18 | motor vehicle insurance coverage until there is a final adjudication of the violation. |
19 | (2) Impositions of a penalty pursuant to this chapter shall not be deemed a criminal |
20 | conviction of an owner or operator. |
21 | (3) The defense available under § 31-41.1-7 shall not be available for any violation |
22 | imposed under this chapter. |
23 | SECTION 4. Chapter 31-41.3 of the General Laws entitled "Automated School-Zone- |
24 | Speed-Enforcement System Act of 2016" is hereby amended by adding thereto the following |
25 | section: |
26 | 31-41.3-15. Penalties. |
27 | (a) Every person found to have violated the provisions of this chapter shall be fined fifty |
28 | dollars ($50.00) for each offense. |
29 | (b) A violation of this chapter shall not be considered a moving violation for purposes of |
30 | the motorist's driving record. |
31 | (c) Every three (3) years from the date of a motorist's first offense under this chapter, the |
32 | court shall expunge any automated school-zone-speed-enforcement moving violation cited during |
33 | the preceding three (3) year period. |
34 | SECTION 5. This act shall take effect upon passage. |
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LC005209/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC | |
OFFENSES | |
*** | |
1 | This act would provide for a specific signage size of three feet (3') by four feet (4') at |
2 | automated school-zone-speed-enforcement system locations, would provide for graduated |
3 | monetary fines for violations, would provide that a person's court records for violations be |
4 | expunged every three (3) years from the date of a motorist's first offense, and would provide that |
5 | violations under this act not be reflected on a person's driving record. |
6 | This act would take effect upon passage. |
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LC005209/SUB A | |
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