2019 -- S 0164

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LC000572

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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 REPARATIONS

ACT

     Introduced By: Senators Nesselbush, Lombardi, Sheehan, Conley, and Ciccone

     Date Introduced: January 24, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-47-9 of the General Laws in Chapter 31-47 entitled "Motor

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

     31-47-9. Penalties.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

hundred dollars ($500); and

     (3) For a third and subsequent offense, a suspension of six (6) months up to one year.

Additionally, any person violating this section a third or subsequent time shall be punished as a

civil violation and may be fined one thousand dollars ($1,000).

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

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

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

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

person does either of the following:

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

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

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

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

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

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

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

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

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

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

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

rights, complies with all of the following:

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

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

not exceeding fifty dollars ($50.00).

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

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

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

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

of Vehicles" is hereby amended to read as follows:

     31-3-1. Operation of unregistered vehicle.

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

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

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. Any violation of this section shall be punished by a fine

of not more than five hundred dollars ($500).

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

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

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

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

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

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

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

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

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

of eighty-five dollars ($85.00) not more than five hundred dollars ($500).

     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 REPARATIONS

ACT

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     This act would penalize a motorist for two (2) separate violations if they are driving an

unregistered motor vehicle and without insurance or proof of insurance. It would remove the

requirement that the owner-operator knew that the vehicle was uninsured by making it a strict

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

vehicle.

     This act would take effect upon passage.

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