2018 -- S 2154

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LC003735

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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 -- MOTOR VEHICLE REPARATIONS

ACT

     

     Introduced By: Senators Archambault, Lynch Prata, McCaffrey, Lombardi, and Jabour

     Date Introduced: January 23, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-47-12 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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     31-47-12. Police officers and agents of administrator of the division of motor

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vehicles -- Fees collected, forms of proof.

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     (a) For the purpose of enforcing the provisions of this chapter, every police officer of a

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state, town, or municipality is deemed an agent of the administrator of the division of motor

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vehicles. Any police officer who, in the performance of his or her duties as authorized by law,

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becomes aware of a person whose license is under an order of suspension, or whose certificate of

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registration and registration plates are under an order of impoundment, pursuant to this section

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may confiscate the license, certificate of registration, and registration plates, and return them to

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the administrator of the division of motor vehicles. Any forms used by law enforcement agencies

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in administering this section shall be prescribed by the administrator of the division of motor

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vehicles, the cost of which shall be borne by these agencies. No police officer, law enforcement

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agency employing a police officer, or political subdivision or governmental agency that employs

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a police officer shall be liable in a civil action for damages or loss to persons arising out of the

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performance of the duty required or authorized by this section. "Police officer" means the full-

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time police from the rank of patrolman up to and including the rank of chief, including

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policewomen of any police department in any city or town within the state of Rhode Island or of

 

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the state police.

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     (b) All fees, except court costs, collected under this chapter shall be paid into the state

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treasury and credited to the highway safety fund in a special account hereby created, to be known

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as the "financial responsibility compliance special account". This special account shall be used

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exclusively to cover costs incurred by the division of motor vehicles in the administration of this

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chapter, and by any law enforcement agency employing any police officer who returns any

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license, certificate of registration, and registration plates to the administrator of the division of

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motor vehicles pursuant to this chapter.

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     (c) The administrator of the division of motor vehicles, court, or traffic tribunal may

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require proof of financial security to be demonstrated by use of standard form SR 22. If the use of

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a standard form is not required, a person may demonstrate proof of financial responsibility under

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this section by presenting to the court, traffic tribunal, or administrator of the division of motor

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vehicles any of the following documents or a copy of these documents:

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     (1) A certificate of proof of financial responsibility;

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     (2) A bond or certification of the issuance of a bond;

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     (3) A certificate of deposit of money or securities; or

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     (4) A certificate of self insurance.

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     (d) At the time of investigation of a motor vehicle offense or accident by a police officer

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or when a motor vehicle is stopped by a police officer for probable cause, the police officer

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making the investigation or stopping the motor vehicle shall ask for evidence of proof of financial

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security as defined in this chapter. Proof of financial responsibility may be provided using a

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mobile electronic device; provided, however, that the police officer requiring the proof of

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financial responsibility shall be prohibited from viewing any other content on the mobile

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electronic device. Any person utilizing an electronic device to provide proof of insurance shall

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assume any and all liability for any damage sustained to the mobile electronic device. If the

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evidence is not provided, a citation to appear before the traffic tribunal shall be issued to the

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operator. However, any citation issued solely for failing to provide evidence of financial

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responsibility shall be held by the issuing police officer or law enforcement agency for at least

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one business day before submitting the citation to the traffic tribunal. Any operator who receives

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a citation for failing to provide valid evidence of financial responsibility shall have the

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opportunity to provide evidence of financial responsibility that existed at the time of the violation

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within the one-business-day period, at which time the issuing police officer or law enforcement

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agency shall withdraw the citation, and the motorist shall not be required to appear before the

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traffic tribunal. Notwithstanding this provision, police officers who issue a citation for lack of

 

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evidence of financial responsibility, in addition to one or more other citations, need not wait the

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one-business-day waiting period before submitting the citation for lack of evidence of financial

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responsibility to the traffic tribunal. The traffic tribunal may, by rule and regulation, prescribe the

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procedures for processing the citations. Motor vehicles may not be stopped solely for the purpose

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of checking for evidence of proof of financial security.

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     (e) (1) Upon a first offense, one must provide proof of current insurance and a binder or

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release letter covering the cost of the accident, as long as the accident does not include bodily

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injury, death, etc.

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     (2) In addition, penalties do not release the motorist from any pending matter before any

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other appropriate court.

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     (f) Any operator of a motor vehicle registered in this state who shall operate a motor

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vehicle without proof of financial security, as defined in this chapter, being in full force and effect

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on the date of the motor vehicle stop or accident, may be subject to suspension of license and

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fines as follows:

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     (1) For a first offense, a suspension of up to thirty (30) days and may be fined one

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hundred dollars ($100) up to two hundred and fifty dollars ($250);

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

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hundred 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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     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 enhance the penalties for driving a motor vehicle without proof of

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financial responsibility.

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     This act would take effect upon passage.

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