2018 -- H 8005

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LC005274

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED SCHOOL-ZONE-

SPEED-ENFORCEMENT SYSTEM

     Introduced By: Representatives Williams, Almeida, Walsh, Tobon, and Ranglin-Vassell

     Date Introduced: March 28, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-41.3-4 of the General Laws in Chapter 31-41.3 entitled

"Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as

follows:

     31-41.3-4. Automated school-zone-speed-enforcement system operational

requirements and certification.

     No automated school-zone-speed-enforcement system shall be used in the state of Rhode

Island unless the system has been approved and certified for use in the state by the director of the

department of transportation. The director of the department of transportation, in cooperation with

the state police, shall require that any automated school-zone-speed-enforcement system

approved and certified for use in the state of Rhode Island meets the following requirements:

     (1) All automated school-zone-speed-enforcement systems operated under this chapter

shall record the speed of vehicles within plus or minus one mile per hour of the actual speed.

     (2) All automated school-zone-speed-enforcement systems operated under this chapter

shall record at least two (2) photographic images of the vehicle exceeding the speed limit, one of

which shall include the license plate attached to the rear of the vehicle.

     (3) All automated school-zone-speed-enforcement systems operated under this chapter

shall, at the time of violation, imprint upon the photographic images of vehicles exceeding the

speed limit:

     (i) The date and time of the violation; and

     (ii) The identity of the street, or school zone being monitored, and location upon that

street, or within that school zone, including the direction of travel and lane of travel; this

requirement may be met with code designations; and

     (iii) The posted or lawfully designated speed limit for the street or school zone being

monitored; and

     (iv) The monitored speed of the vehicle identified in the photographic images as

exceeding the posted or lawfully designated school zone speed limit; and

     (v) The consecutive event number of each photograph taken.

     (4) At least one hundred feet (100') prior to entering an automated school-zone area

where a speed-enforcement system is being operated, signs shall be erected that are yellow in

color, flashing the school zone speed, warning motorists that they will be entering an area

monitored by an automated speed-zone-enforcement system and that violators of speed

limitations may be prosecuted.

     SECTION 2. Chapter 31-41.3 of the General Laws entitled "Automated School-Zone-

Speed-Enforcement System Act of 2016" is hereby amended by adding thereto the following

section:

     31-41.3-15. Penalties.

     (a) All first offense prosecutions based on evidence produced by an automated school-

zone-speed-enforcement system shall result in a written warning citation.

     (b) All second offense prosecutions based on evidence produced by an automated school-

zone-speed-enforcement system shall result in a fine not to exceed forty-five dollars ($45).

     (c) All subsequent prosecutions based on evidence produced by an automated school-

zone-speed-enforcement system shall follow the procedures established in chapter 41.1 of this

title.

     SECTION 3. 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 - AUTOMATED SCHOOL-ZONE-

SPEED-ENFORCEMENT SYSTEM

***

     This act would require the use of yellow, flashing school zone speed signs and require

written warning citations for first offenses, a fine up to forty-five dollars ($45) for second

offenses and referral to the traffic tribunal for all subsequent offenses.

     This act would take effect upon passage.

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