2018 -- H 8128

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LC005521

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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

     Introduced By: Representatives Lima, Ucci, Messier, Costantino, and McNamara

     Date Introduced: April 27, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

VEHICLES" is hereby amended by adding thereto the following chapter:

CHAPTER 18.1

FREE FLOWING ACCESS TO AND AROUND STATE HIGHWAYS AND CROSSWALKS

     31-18.1-1. Definitions.

     As used in this section:

     (1) "Active lane of travel" means the entire width of every travel lane of every state or

municipal highway used for the purposes of movement of vehicles from one destination to

another, not including shoulders.

     (2) "Shoulder" means the portion of the roadway contiguous with the traveled way that

accommodates stopped vehicles, emergency use, and lateral support of the subbase, base, and

surface courses.

     31-18.1-2. Findings.

     The general assembly finds as follows:

     (1) Standing in the roadway, on medians dividing highways and in crosswalks or in or on

any highway creates a hazard for pedestrians and motorists.

     (2) The purpose of highway medians includes dividing the flow of traffic and preventing

head on collisions.

     (3) Research shows that in 2006 alone there were eight hundred twenty-one (821) median

crossover crashes that resulted in fatalities. Further studies show that in 2013 there were four

thousand seven hundred thirty-five (4,735) pedestrian fatalities and an estimated sixty-six

thousand (66,000) injured in traffic crashes in the United States and in the period between

January and June 2015 two thousand three hundred sixty-eight (2,368) pedestrians were killed as

a result of automobile accidents.

     (4) It is the goal of this legislation to reduce the amount of injuries and fatalities suffered

by pedestrians and motorists in crosswalks, and on points of egress and ingress to state highways.

     (5) It is not the general assembly's intent to prohibit anyone's right to "panhandle" but

rather to provide a safe environment for the "panhandler" and the motoring public.

     31-18 .1-3. Prohibiting solicitations from a motor vehicle in an active lane of travel.

     (a) No operator of an motor vehicle, as defined in § 31-1-3, or a passenger therein shall

pass anything from inside a motor vehicle to any individual or group of individuals outside the

motor vehicle while the motor vehicle is in an active lane of travel as defined in § 31-18.1-1.

     (b) Nothing in this chapter shall prevent any individual from soliciting from an operator

of a motor vehicle or passenger therein when not in an active lane of travel.

     (c) Nothing in this chapter shall prevent an operator of a motor vehicle or passenger

therein from passing anything to an individual outside the motor vehicle when not in an active

lane of travel.

     (d) A city or town may by ordinance establish a procedure for the issuance of special

solicitation permits to any individual, group of individuals or organization to solicit from a motor

vehicle currently in the active lane of travel provided that:

     (1) The issuance of these special solicitation permits shall be limited to no more than two

(2) times a year and shall require a valid certificate of liability from the individual, group of

individuals or organization applying for the permit.

     (2) The city or town shall establish safety rules and regulations for the issuance of the

special solicitation permits.

     (3) The individual, group of individuals or organization applying for the permit shall

meet all safety requirements established by the city or town for the issuance of the special

solicitations permits.

     (4) The provisions of this chapter shall not apply to the collection of tolls on any

municipal, state road or highway.

     31-18.1-4. Penalties.

     (a) Any person who, following a notice to refrain from the prohibited activity, knowingly

violates a provision of this chapter shall be punished as follows:

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     (1) For a first violation, by a fine of up to one hundred dollars ($100);

     (2) For a second violation, by a fine of up to one hundred fifty dollars ($150); and

     (3) For a third and subsequent violation, by a fine of up to two hundred fifty dollars

($250).

     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 provide that no person shall pass any item to another person while located

in an active lane of travel without a special solicitation permit issued by the city or town.

     This act would take effect upon passage.

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