2018 -- S 2804

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LC004584

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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 Morgan, Paolino, and Raptakis

     Date Introduced: April 05, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-47-8 of the General Laws in Chapter 31-47 entitled "Motor

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

     31-47-8. Revocation of registrations -- Drivers' licenses and nonresident privileges.

     (a) (1) The administrator of the division of motor vehicles, upon receipt of evidence as

provided for in § 31-47-17, that financial security for any motor vehicle registered in this state is

no longer in effect, may within seven (7) days revoke the registration of the vehicle, except as

provided in subsection (j) of this section.

     (2) The motor vehicle shall not be registered or reregistered in the name of the person, or

in any other name where the administrator of the division of motor vehicles has reasonable

grounds to believe that the registration or re-registration will have the effect of defeating the

purposes of this chapter, and no other motor vehicle shall be registered in the name of the person

for a period of thirty (30) days from the date of the revocation.

     (b) (1) The administrator of the division of motor vehicles, upon receipt of evidence that

the owner of a motor vehicle registered in this state has operated or permitted a motor vehicle to

be operated upon the public highways of this or any other state while financial security was not in

effect with respect to the vehicle, may revoke the registration of the vehicle and the driver's

license, if any, of the owner.

     (2) The motor vehicle shall not be registered in the name of the person or in any other

name where the administrator of the division of motor vehicles has reasonable grounds to believe

that the registration will have the effect of defeating the purpose of this chapter, and no other

motor vehicle shall be registered in the name of the person, nor any driver's license issued to the

person, for a period of three (3) months from the date of the revocation.

     (c) (1) The administrator of the division of motor vehicles, upon receipt of evidence that a

person, other than the owner, has operated upon the public highways of this state a motor vehicle

registered in this state with knowledge that financial security was not in effect with respect to the

vehicle, may revoke the driver's license of the person, or if he or she is a nonresident, the

nonresident driving privileges of the person.

     (2) No new driver's license may be issued, or nonresident driving privilege restored to the

person for a period of one to three (3) months from the date of the revocation.

     (3) This subsection shall not apply to any person who at the time of operation of the

motor vehicle, had in effect an operator's policy of liability insurance with respect to his or her

operation of the vehicle.

     (d) (1) The administrator of the division of motor vehicles, upon receipt of evidence that

the owner of a motor vehicle not registered in this state has operated or permitted a motor vehicle

to be operated upon the public highways of this state while financial security was not in effect

with respect to the vehicle, may revoke the person's privilege to operate any motor vehicle in this

state and the privilege of the operation within this state of any motor vehicle owned by him or

her.

     (2) The nonresident privilege may not be restored for a period of one to three (3) months

from the date of the revocation.

     (e) (1) The administrator of the division of motor vehicles, upon receipt of evidence that a

nonresident, other than the owner of the vehicle, has operated upon the public highways of this

state a motor vehicle not registered in this state, with knowledge that financial security was not in

effect with respect to the vehicle, may revoke the nonresident's privilege to operate any motor

vehicle in this state.

     (2) The nonresident privilege may not be restored for a period of one to three (3) months

from the date of the revocation.

     (3) This subsection shall not apply to any person who at the time of operation of the

motor vehicle had in effect an operator's policy of liability insurance with respect to his or her

operation of the motor vehicle.

     (f) Notice of revocation pursuant to this section may be given to the owner of a vehicle

registered in this state or to a driver licensed in this state, by mailing the notice to the owner or

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licensee at the address contained in the certificate of registration for the vehicle owned by the

person or to the address contained in his or her driving license. The suspension shall be effective

upon receipt of notice and the one to three (3) month period of suspension shall commence upon

receipt of the license, registration, and registration plates by the division.

     (g) Failure of the owner or licensee to deliver a certificate of registration, number plates,

or driver's license to the administrator of the division of motor vehicles after revocation of it or as

otherwise provided in this chapter, may cause the suspension to be continued for an additional

period equal to the number of days between the suspension date and the actual date of

compliance.

     (h) An operator's policy of liability insurance, as used in this section, shall mean a policy

issued by an insurance carrier duly authorized to transact business in this state which shall insure

the person named in it as insured, against loss from the liability imposed upon him or her by law

for damages, including damages for care and loss of services, because of bodily injury to or death

of any person and injury to or destruction of property arising out of the use by him or her, of any

motor vehicle not owned by him or her, subject to the same minimum provisions and approval

required by this chapter, with respect to an owner's policy of liability insurance. With respect to a

nonresident the policy may also be issued by a nonadmitted insurance carrier provided the

requirements of this chapter, with respect to issuance of an owner's policy of liability insurance

by the carrier, have been met.

     (i) (1) If a motor vehicle has been involved in an accident, and its registration or the

driver's license of its operator, or both, have been revoked pursuant to this section, then neither

that vehicle nor any other motor vehicle shall be registered or reregistered in the name of its

owner or of any other person legally responsible for its use, nor shall any driver's license be

issued to the owner, person, or operator until three (3) months have passed since the date of the

revocation and, as the case may be, the administrator of the division of motor vehicles has

received the evidence required by subdivision (3) of this subsection.

     (2) If a motor vehicle not registered in this state is involved in any accident in this state

and the privilege of its operation within the state has been revoked, then neither its owner, any

person legally responsible for its, use, nor its operator, shall exercise the privilege of the operation

within this state of any motor vehicle until three (3) months have passed since the date of the

revocation and, as the case may be, the administrator of the division of motor vehicles has

received the evidence as required in subdivision (3) of this subsection.

     (3) The evidence referred to in subsections (a) and (b) of this section shall be evidence

satisfactory to the administrator of the division of motor vehicles:

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     (i) That no cause of action based upon the accident against the owner, person legally

responsible, or operator has been commenced within a period of one year from the date of the

accident or a release has been given to the owner, person, or operator; or

     (ii) That no judgment arising out of the cause of action for amounts within the limits

stated in § 31-47-2(13)(i)(A) against the owner, person, or operator remains unsatisfied.

     (j)(1) The registration of any motor vehicle being restored, repaired, rebuilt or otherwise

incapable of highway operation, or used on a seasonal basis, and which is not operated within this

or any other state, shall not be subject to revocation of registration for failure to comply with the

financial security requirements of chapter 47 of title 31, or for failure to comply with the

mechanically fit and safe requirement in § 31-8-4 during the period of its registration; provided,

the motor vehicle plates are removed from the vehicle. The owner of the vehicle shall comply

with all provisions of title 31 prior to re-affixing the vehicle plates to the vehicle or operating the

vehicle within this state or any other state and prior to any renewal of the registration. Any person

who violates the provisions of this subsection for failure to remove the motor vehicle plates from

a motor vehicle, without financial security in effect and/or failure to comply with the

mechanically fit and safe requirement in § 31-8-4, shall be subject to a fine up to one hundred

fifty dollars ($150).

     (2) An operator of a motor vehicle described in subsection (j)(1) of this section who fails

to remove the registration plates and operates the vehicle upon the public highways of this or any

other state shall be subject to the suspension or revocation of registration provisions of § 31-8-4.

     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 provide that uninsured and/or uninspected motor vehicles which are not

being operated within this state or any other state may avoid suspension or revocation of the

vehicle registration in effect during the period of its registration if the vehicle plates are removed

from the vehicle. Failure to remove the plates shall result in a fine of up to one hundred fifty

dollars ($150).

     This act would take effect upon passage.

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