2019 -- H 5080

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LC000204

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLES REPARATION

ACT

     

     Introduced By: Representatives Lombardi, and Hull

     Date Introduced: January 10, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-47-9 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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     31-47-9. Penalties.

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     (a) Any owner of a motor vehicle which is required to be registered in this state who shall

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knowingly operate the motor vehicle or knowingly permit it to be operated in this state without

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having in full force and effect the financial security required by the provisions of this chapter, and

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any other person who shall operate in this state any motor vehicle which is required to be

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registered in this state with the knowledge that the owner of it who knew or should have known

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that the motor vehicle does not have in full force and effect financial security, except a person

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who, at the time of operation of the motor vehicle, had in effect an operator's policy of liability

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insurance, as defined in this chapter, with respect to his or her operation of the vehicle, may be

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subject to a mandatory suspension of license and registration. Every owner or other person, while

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operating a motor vehicle which is required to be registered in this state, shall have in their

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possession evidence of financial security as required by the provisions of this chapter and shall

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display such evidence upon demand by any peace officer or inspector of the division of motor

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vehicles. Violation of this section may result in penalties as follows:

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     (1) For a first offense, a suspension of up to three (3) months and may be fined one

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hundred dollars ($100) up to five hundred dollars ($500);

 

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

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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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     (b) An order of suspension and impoundment of a license or registration, or both, shall

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state that date on or before which the person is required to surrender the person's license or

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certificate of registration and registration plates. The person is deemed to have surrendered the

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license or certificate of registration and registration plates, in compliance with the order, if the

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person does either of the following:

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     (1) On or before the date specified in the order, personally delivers the license or

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certificate of registration and registration plates, or causes the delivery of those items, to the

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administrator of the division of motor vehicles or court, whichever issued the order;

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     (2) Mails the license or certificate of registration and registration plates to the

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administrator of the division of motor vehicles, in an envelope or container bearing a postmark

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showing a date no later than the date specified in the order.

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     (c) The administrator of the division of motor vehicles shall not restore any operating

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privileges or registration rights suspended under this section or return any license, certificate of

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registration, or registration plates impounded under this section unless the rights are not subject to

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suspension or revocation under any other law and unless the person, in addition to complying

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with all other conditions required by law for reinstatement of operating privileges or registration

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rights, complies with all of the following:

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     (1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be

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increased, upon approval of the administrator of the division of motor vehicles, up to an amount

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not exceeding fifty dollars ($50.00).

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     (2) Files and maintains proof of financial security. To facilitate the administration of this

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chapter the clerk of the courts shall notify the administrator of the division of motor vehicles of

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all persons against whom judgments have been entered arising out of a motor vehicle collision.

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     SECTION 2. Section 31-3-1 of the General Laws in Chapter 31-3 entitled "Registration

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of Vehicles" is hereby amended to read as follows:

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     31-3-1. Operation of unregistered vehicle.

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     It is a civil violation for any person to operate, or for an owner knowingly to permit to be

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operated, upon any highway any vehicle of a type required to be registered under this chapter in

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this state which is not registered and for which the appropriate fee has not been paid or not

 

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registered as required in any other state.

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     SECTION 3. Section 31-8-1 of the General Laws in Chapter 31-8 entitled "Offenses

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Against Registration and Certificate of Title Laws" is hereby amended to read as follows:

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     31-8-1. Operation of vehicles without evidences of registration.

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     No person shall operate, nor shall an owner knowingly permit to be operated, upon any

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highway or bicycle trail or path, any vehicle required to be registered pursuant to this title unless

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there has been issued for it a valid registration card and unless there is attached to it and displayed

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on it, when and as required by chapters 3 -- 9 of this title, a valid registration plate or plates issued

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for it by the division of motor vehicles for the current registration year except as otherwise

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expressly permitted in those chapters. Any violation of this section shall be punishable by a fine

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of eighty-five dollars ($85.00).

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     SECTION 4. 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 VEHICLES REPARATION

ACT

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     This act would penalize driving any motor vehicle that is required to be registered in this

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or any other state without insurance and without proof of insurance. It would abolish the

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requirement that the operator knew that the vehicle was uninsured, and would make it a strict

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liability offense. This act would also abolish the knowledge element for operating an unregistered

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vehicle and would delete the penalty provision for operating a vehicle without a registration.

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     This act would take effect upon passage.

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