2020 -- H 7565 | |
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LC004446 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- SIZE, WEIGHT, AND LOAD LIMITS | |
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Introduced By: Representative K. Joseph Shekarchi | |
Date Introduced: February 13, 2020 | |
Referred To: House Corporations | |
(Dept. of Transportation) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-25-2, 31-25-3, 31-25-4, 31-25-5, 31-25-6, 31-25-7, 31-25-13, |
2 | 31-25-14, 31-25-16, 31-25-18, 31-25-21, 31-25-22, 31-25-23, 31-25-24, 31-25-28 and 31-25-29 |
3 | of the General Laws in Chapter 31-25 entitled "Size, Weight, and Load Limits" are hereby |
4 | amended to read as follows: |
5 | 31-25-2. Vehicles exempt from limitations. |
6 | (a) The provisions of this chapter governing size, weight, and load shall not apply to: |
7 | (1) Road machinery; |
8 | (2) Farm vehicles, including farm tractors, temporarily moved upon a highway; |
9 | (3) Any vehicle owned and operated by the Rhode Island public transit authority that is |
10 | designed for carrying passengers and is comprised of two (2) sections permanently joined by a |
11 | hinge mechanism or an articulated joint that allows vertical and horizontal movement and a |
12 | passage for riders moving from one section to the other; |
13 | (4) A vehicle operated under the terms of a special permit issued as provided in this |
14 | chapter; |
15 | (5) Covered heavy-duty tow and recovery vehicles; |
16 | (6) Emergency vehicles with a weight limit of up to a maximum gross vehicle weight of |
17 | eighty-six thousand pounds (86,000 lbs.) or less than twenty-four thousand pounds (24,000 lbs.) |
18 | on a single steering axle; thirty-three thousand five hundred pounds (33,500 lbs.) on a single- |
19 | drive axle; sixty-two thousand pounds (62,000 lbs.) on a tandem axle; or fifty-two thousand |
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1 | pounds (52,000 lbs.) on a tandem rear drive steer axle; or |
2 | (7) Natural gas vehicles up to a maximum gross vehicle weight of eighty-two thousand |
3 | pounds (82,000 lbs.) by an amount that is equal to the difference between the weight of the |
4 | vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and the |
5 | weight of a comparable diesel tank and fueling system. |
6 | (b) The provisions of this chapter governing size, weight, and load shall not apply to fire |
7 | apparatus acquired by a city or town within this state prior to July 1, 1999. |
8 | (c) Nothing in this section shall permit these vehicles to travel over any structure, |
9 | highway, or portion of highway which is weight restricted for the vehicle load. |
10 | 31-25-3. Maximum width. |
11 | (a) The total outside width of any vehicle or the load on it shall not exceed one hundred |
12 | two inches (102") excluding any safety and noncargo carrying appurtenances on either motorized |
13 | campers or camping recreational vehicles. Violations of this section are subject to fines |
14 | enumerated in § 31-41.1-4. |
15 | (b) Any persons operating a vehicle that exceeds the maximum width, as permitted or as |
16 | defined in this section, shall be fined one hundred dollars ($100) per inch over width or portion of |
17 | it. |
18 | 31-25-4. Maximum height. |
19 | (a) No vehicle including any load on it shall exceed a height of one hundred sixty-two |
20 | inches (162"). Violations of this section are subject to fines enumerated in § 31-41.1-4. |
21 | (b) Any persons operating a vehicle that exceeds the maximum height, as permitted or as |
22 | defined in this section, shall be fined five hundred dollars ($500) per inch over height or portion |
23 | of it. |
24 | 31-25-5. Maximum length of single vehicle and load. |
25 | (a) No vehicle, including any load on it, except Rhode Island public transit authority |
26 | articulated buses, shall exceed a length of forty feet (40') extreme overall dimension inclusive of |
27 | front and rear bumpers, or in the case of a motor bus, motorized camper or camping recreational |
28 | vehicle forty-five feet (45'). |
29 | (b) Any persons operating a vehicle that exceeds the maximum length, as permitted or as |
30 | defined in this section, shall be fined two hundred dollars ($200) per foot over length or portion |
31 | of it. |
32 | 31-25-6. Maximum number and length of coupled vehicles. |
33 | (a) No combination of vehicles coupled together shall consist of more than three (3) |
34 | units, a truck-tractor, semi-trailer, and trailer. The combination of vehicles shall not be restricted |
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1 | in overall length, except that when a truck-tractor, semi-trailer, and a trailer are used in |
2 | combination, the trailer or semi-trailer each shall not exceed twenty-eight and one-half feet (28' |
3 | 6"), excluding bumpers and accessories. Provided, however, that combinations of vehicles |
4 | consisting of three (3) units shall be permitted to operate only on the interstate highway system |
5 | and on those highways, streets, and roads designated by the director of the department of |
6 | transportation. |
7 | (b) Combinations of vehicles consisting of truck-tractor and semi-trailer coupled together |
8 | shall not be restricted in overall length, and semi-trailers shall not exceed fifty-three feet (53') in |
9 | length, excluding bumpers and accessories. Towaway trailer transporter combinations shall not be |
10 | restricted to an overall length limitation of less than eighty-two feet (82'). Semi-trailers exceeding |
11 | forty-eight and one-half feet (48' 6") shall be permitted to operate only on the interstate highway |
12 | system and on those highways, streets, and roads designated by the director of the department of |
13 | transportation. Exceptions to the requirements of this section include the use of a pole trailer and |
14 | combinations designed to transport motor vehicles and/or automobiles as authorized in §§ 31-25- |
15 | 7 and 31-25-8. The provision that no combination of vehicles coupled together shall consist of |
16 | more than three (3) units shall not apply to vehicles coupled together by a saddle mount device |
17 | used to transport motor vehicles in a drive-away service when no more than three (3) saddle |
18 | mounts are used, and equipment used in the combination is approved by Part 393.71 of the |
19 | federal motor carrier safety regulations, 49 C.F.R. § 393.71, and safety regulations of the division |
20 | of motor vehicles of the department of revenue of the state of Rhode Island as this federal and/or |
21 | state legislation may be amended or revised from time to time. Any owner or operator found |
22 | deviating from the approval approved permitted routes shall be fined a minimum mandatory fine |
23 | of five hundred dollars ($500), but not more than one thousand dollars ($1,000). |
24 | (c) The distance from the kingpin of the trailer to the center of the rear axle may not |
25 | exceed forty-one feet (41'). |
26 | (d) Fifty-three foot (53') trailers shall be equipped with a rear-end protection device of |
27 | substantial construction consisting of a continuous lateral beam extending to within four inches |
28 | (4") of the lateral extremities of the trailer, and located not more than twenty-two inches (22") |
29 | from the surface of the road as measured with the vehicle empty and on level surface. |
30 | (e) Violations of this section are subject to fines enumerated in § 31-41.1-4. Any persons |
31 | operating a vehicle or combination of vehicles that exceed the maximum number or length of |
32 | coupled vehicles, as permitted or as defined in this section, shall be fined two hundred dollars |
33 | ($200) per foot over length or portion of it. |
34 | 31-25-7. Front and rear extensions of load. |
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1 | (a) Subject to the provisions of this chapter limiting the length of vehicles and loads, the |
2 | load upon any vehicle, operated alone or the load upon the front vehicle of a combination of |
3 | vehicles, shall not extend more than three feet (3') beyond the foremost part of the vehicle, and |
4 | the load upon any vehicle, operated alone or the load upon the rear vehicle of a combination of |
5 | vehicles, shall not extend more than six feet (6') beyond the rear of the bed or body of the vehicle. |
6 | Violations of this section are subject to fines enumerated in § 31-41.1-4. |
7 | (b) Any persons operating a vehicle that exceeds the maximum extensions of load, as |
8 | permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over |
9 | length or portion of it. |
10 | 31-25-13. Axle load limit. |
11 | (a) The gross weight imposed on the highway by the wheels of any one axle of a vehicle |
12 | shall not exceed twenty-two thousand four hundred pounds (22,400 lbs.). |
13 | (b) For the purposes of this chapter, "axle load" is defined as the total load transmitted to |
14 | the road by all wheels whose centers are included between two (2) parallel transverse vertical |
15 | planes forty inches (40") apart, extending across the full width of the vehicle. |
16 | (c) Violations of this section are subject to fines enumerated in § 31-41.1-4 31-25-14. |
17 | 31-25-14. Maximum weight and tandem axles. |
18 | (a) It shall be unlawful to transport or operate over or upon any public highway in this |
19 | state any vehicle equipped with tandem axles, should the gross weight of the axles exceed thirty- |
20 | six thousand pounds (36,000 lbs.) if the axle spacing does not exceed eight feet (8'). |
21 | (b) With respect to all public highways, the overall gross weight on a group of two (2) or |
22 | more consecutive axles of a vehicle or combination of vehicles, shall be determined by the |
23 | following bridge gross weight formula: |
24 | W = 500 [(LN /(N-1)) + 12N + 36] |
25 | where W = the overall gross weight on any group of two or more consecutive axles to the |
26 | nearest five hundred pounds (500 lbs.); L = the distance in feet between the extremes of any |
27 | group of two (2) or more consecutive axles; and N = the number of axles in the group under |
28 | consideration. This overall gross weight of any vehicle or combination of vehicles may not |
29 | exceed eighty thousand pounds (80,000 lbs.) except as specified in §§ 31-25-1, 31-25-2, and 31- |
30 | 25-21. |
31 | (c) In any calculation using the formula in subsection (b) of this section in which the |
32 | tandem axle limit is less than thirty-six thousand pounds (36,000 lbs.), thirty-six thousand pounds |
33 | (36,000 lbs.) shall be considered the legal limit. Single axle limits shall be as defined in § 31-25- |
34 | 13. Nothing in this chapter shall be construed to abrogate any of the "grandfather rights" in |
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1 | existence as of April 1, 1989. |
2 | (d) Penalties. |
3 | (1) Any carrier, as defined in § 31-25-16, persons operating a vehicle or combination of |
4 | vehicles that exceeds the weight limits of tandem-axle vehicles, as defined in this section, shall be |
5 | fined one hundred twenty-five dollars ($125) per one hundred pounds (100 lbs.) overweight or |
6 | portion of it. |
7 | (2) Any carrier, as defined in § 31-25-16, persons operating a vehicle or combination of |
8 | vehicles that exceeds the weight limits of twenty-two thousand four hundred pounds (22,400 lbs.) |
9 | single axle limits as cited in § 31-25-13, shall be fined one hundred twenty-five dollars ($125) per |
10 | one hundred pounds (100 lbs.) overweight or portion of it. |
11 | (3) Any carrier, as defined in § 31-25-16, persons operating a vehicle or combination of |
12 | vehicles that exceeds the bridge gross weight formula, as defined in this section, are subject to |
13 | fines enumerated in § 31-25-16(c)(2) through (4) shall be fined one hundred twenty-five dollars |
14 | ($125). |
15 | 31-25-16. Authorized weight shown in registration -- Exceeding limit. |
16 | (a) The administrator of the division of motor vehicles shall insert in the registration card |
17 | issued for a vehicle the gross weight for which it is registered. If it is a truck tractor to be used for |
18 | propelling semi-trailers, he or she shall separately insert the total permissible gross weight of the |
19 | truck tractor and semi-trailers to be propelled by it. It shall be unlawful for any carrier to operate |
20 | or permit to be operated any vehicle or combination of vehicles of a gross weight in excess of that |
21 | registered or permitted by the administrator of the division of motor vehicles, permitted by the |
22 | department of transportation, or in excess of the limitations set forth in this chapter. |
23 | (b) For the purposes of this section, "carrier" means and includes any company or person |
24 | who furthers their commercial or private enterprise by use of the vehicle. |
25 | (c)(1) Penalties for violations of this section will be calculated on the registered or |
26 | permitted legal weight in comparison to the actual weight and shall be heard and adjudicated at |
27 | the traffic tribunal. |
28 | (2) The overweight penalties for vehicles with ten thousand pounds (10,000 lbs.) gross |
29 | vehicle weight or less shall be eighty-five dollars ($85.00) per thousand pounds overweight or |
30 | portion of it. |
31 | (3) The overweight penalties for vehicles exceeding ten thousand pounds (10,000 lbs.) |
32 | gross vehicle weight shall be one hundred twenty-five dollars ($125.00) per thousand five |
33 | hundred pounds (500 lbs.) overweight or portion of it. |
34 | (4) The overweight penalty for vehicles being operated in excess of one hundred four |
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1 | thousand, eight hundred pounds (104,800 lbs.) gross vehicle weight shall be one thousand twenty- |
2 | five dollars ($1,025) in addition to the penalties enumerated in subsection (b)(2) (c)(3) of this |
3 | section. |
4 | (5) The overweight penalty for vehicles being operated in excess of one hundred thirty |
5 | thousand pounds (130,000 lbs.) gross vehicle weight shall be two thousand five hundred dollars |
6 | ($2,500) in addition to the penalties enumerated in subsection (c)(3) of this section. |
7 | 31-25-18. Weighing of suspected overweight vehicles. |
8 | Any proper officer having reason to believe that the weight of a vehicle and load is |
9 | unlawful is authorized to require the driver to stop and submit to a weighing of the vehicle and |
10 | load by means of either portable or stationary scales, and may require that the vehicle be driven to |
11 | the nearest available stationary scales. Any vehicle found to be operating in excess of their |
12 | registered, permitted, and/or legal weight limits may be fined and released, required to reduce |
13 | weight or dimensions to legal, and/or required to pursue a legal permit at the officer’s discretion. |
14 | Any persons or company found to have pending motor vehicle fines in excess of ten thousand |
15 | dollars ($10,000) shall have their permit privileges within the state suspended until pending fines |
16 | are paid. |
17 | 31-25-21. Power to permit excess size or weight of loads. |
18 | (a) The department of transportation, with respect to highways under its jurisdiction, |
19 | may, in its discretion, upon application in writing and good cause being shown for it, approve the |
20 | issuance of a special permit in writing by the division of motor vehicles authorizing the applicant |
21 | to operate or move a vehicle, or combination of vehicles, of a size or weight of vehicle or load |
22 | exceeding eighty thousand pounds (80,000 lbs.) or otherwise not in conformity with the |
23 | provisions of chapters 1 -- 27 of this title upon any highway under the jurisdiction of the party |
24 | granting the permit and for the maintenance of which the party is responsible. Permits that have |
25 | been issued for a full year shall not be required to be renewed for the period of time for which |
26 | payment has been made and the application and other required documentation has been |
27 | completed and filed. Provided, that neither the department of transportation nor the local |
28 | authorities may approve the issuance of permits for divisible loads weighing in excess of one |
29 | hundred four thousand-eight hundred pounds (104,800 lbs.), gross vehicle weight, for five-axle |
30 | (5) vehicles and seventy-six thousand six hundred fifty pounds (76,650 lbs.), gross vehicle |
31 | weight, for three-axle (3) vehicles the limits set by the director of the department of transportation |
32 | by and through the rules and regulations promulgated by the department of transportation entitled |
33 | “rules and regulations regarding overweight and oversize vehicle permits”. |
34 | (1) Provided, however, that for milk products, any vehicle carrying fluid milk products |
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1 | shall be considered a load that cannot be easily dismantled or divided. |
2 | (b) The director of the department of transportation may enter into agreements with other |
3 | states, the District of Columbia, and Canadian provinces providing for the reciprocal enforcement |
4 | of the overweight or over-dimensional vehicle permit laws of those jurisdictions entering into the |
5 | agreement. |
6 | (c) Trip permit fee Single trip non-divisible permit fee. A fee of forty dollars ($40.00) |
7 | shall be paid to the division of motor vehicles department of transportation for the issuance of |
8 | each non-reducible vehicle or load non-divisible single trip permit; provided, however, applicants |
9 | seeking a permit for a non-divisible load exceeding one hundred thirty thousand pounds (130,000 |
10 | lbs.) shall pay a fee of three hundred dollars ($300.00) to the division of motor vehicles for |
11 | consideration of a special trip permit approved by the department of transportation pursuant to |
12 | subsection (e). Upon approval of the application, the department of transportation shall provide |
13 | the approved permit. The driver must possess the permit and documentation as required by the |
14 | permit at all times. |
15 | (d) Annual fee Annual construction equipment blanket permit fee. An annual fee of four |
16 | hundred dollars ($400) paid to the division of motor vehicles department of transportation shall |
17 | exempt the payor from the necessity of paying single trip permit fees for non-divisible |
18 | construction equipment loads of less than one hundred thirty thousand pounds (130,000 lbs.) as |
19 | found in subsection (c). However, payment of the fee shall not be deemed to authorize non- |
20 | compliance with the rules and regulations promulgated by the department of transportation |
21 | entitled "State of Rhode Island Manual for Overweight and Oversize Vehicle Permits." “rules and |
22 | regulations regarding overweight and oversize vehicle permits”. |
23 | (e) Blanket construction equipment permits may be issued, as determined by the |
24 | department of transportation, for intrastate movement of non-reducible non-divisible construction |
25 | equipment loads upon payment of the fee set forth in subsection (d). If used in conjunction with |
26 | an annual divisible load permit, the limits and requirements of the blanket construction equipment |
27 | permit shall supersede the requirements of the divisible load permit. The driver must possess both |
28 | permits and required documentation. The duration of the blanket permit may not exceed one year. |
29 | , and the The construction equipment permit load shall be limited to a minimum overall length of |
30 | fifty-five feet (55'), a maximum overall length of eighty feet (80'), and a maximum width of |
31 | twelve feet four inches (12' 4"), provided that neither the division of motor vehicles nor local |
32 | authorities may issue blanket permits for non-divisible loads weighing in excess a maximum |
33 | gross weight of one hundred thirty thousand pounds (130,000 lbs.) on less than six (6) axles, with |
34 | individual axle weights exceeding and a maximum axle weight of twenty-five thousand pounds |
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1 | (25,000 lbs.); provided, further, that the department of transportation, with respect to highways |
2 | under its jurisdiction, may, in its discretion and upon application and for good cause shown, |
3 | approve the issuance of a special single trip non-divisible permit authorizing the applicant to |
4 | exceed one hundred thirty thousand pounds (130,000 lbs.) for non-divisible loads. A flashing |
5 | amber light shall be in operation above the highest point of the vehicle and shall be visible from |
6 | both the front and rear of the vehicle; and signs and red warning flags shall be affixed to all |
7 | extremities. All blanket permits issued in accordance with this section shall be effective during |
8 | daylight and night-time hours for all over-dimensional moves made and travel shall be allowed on |
9 | state highways. |
10 | (f) Permission to travel is always subject to weather and road conditions. The following |
11 | restrictions on travel times shall apply to all vehicles over eight feet six inches (8’6”) wide, over |
12 | eighty feet (80’) long, or over one hundred thirty thousand pounds (130,000 lbs.): |
13 | (1) Freeways -- in general and arterial roadways. |
14 | No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm |
15 | and 7:00 pm, Monday through Friday on any day of the week. |
16 | (2) Arterial roadways. |
17 | No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm |
18 | and 7:00 pm, Monday through Friday. |
19 | (3)(2) Holidays. |
20 | Memorial Day, Victory Day, Labor Day, Dr. Martin Luther King Jr. Day, and Columbus |
21 | Day -- No Saturday, Sunday, or Monday day or night travel. |
22 | Thanksgiving Day -- No Wednesday night or Thursday day or night travel. No travel on |
23 | Wednesday through Sunday of Thanksgiving week in any calendar year. |
24 | Independence Day, Veterans Day, Christmas Day, New Year’s Day -- No day or night |
25 | travel and no travel the previous night. |
26 | Easter Sunday. No Saturday night or Sunday travel. |
27 | (3) Violations of this section are subject to fines enumerated in § 31-25-24. |
28 | (f)(g) Construction equipment blanket permits shall not be granted for travel over the |
29 | following bridges: |
30 | Blackstone River Viaduct 750 carrying I-295 northbound and southbound over the |
31 | Blackstone River; |
32 | Kingston Road Bridge No. 403 carrying I-95 northbound and southbound over Kingston |
33 | Road. |
34 | (g)(h) Travel of blanket permitted construction equipment through zones with reductions |
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1 | in lane width such as construction zones will not be allowed. Prior to travel, blanket permit |
2 | holders are responsible to verify the location of construction zones and lane width reductions. |
3 | Locations of lane width reduction zones are available through the state department of |
4 | transportation's construction office. |
5 | (i) Upon approval of the annual construction equipment blanket permit application, the |
6 | department of transportation shall provide the approved permit. The driver must possess the |
7 | permit and documentation as required by the permit at all times. |
8 | (j) Any carrier or persons found to be operating without a requirement permit, or in |
9 | excess of their permit limits, three (3) times within a one year period shall be revoked of their |
10 | ability to use and receive permits within the state for up to thirty (30) days. Additional violations |
11 | shall result in revocation of up to ninety (90) days. |
12 | (k) Operation of any vehicle in excess of the requirements of any permit shall void that |
13 | permit and result in the imposition of fines as provide in this chapter. |
14 | 31-25-22. Application for excess load permit Application for Annual Divisible Load |
15 | Permit. |
16 | (a) The application for an excess load permit annual divisible load permit pursuant to § |
17 | 31-25-21 shall specifically describe the vehicle or vehicles and load to be operated or moved, and |
18 | the particular highways for which the permit to operate is requested and whether the permit is |
19 | requested for a single trip or for continuous operation. |
20 | (b) For continuous operation of divisible loads load permits, the specifically described |
21 | vehicle or vehicles must be certified originally by the manufacturer of them to possess the |
22 | braking and carrying capacity for the weight specified on the application. |
23 | (c) Upon approval of the application or renewal of divisible load permits, the department |
24 | of revenue transportation shall provide the approved permit. The driver must possess the permit |
25 | and documentation as required by the permit at all times. identification devices to be placed on |
26 | the lower left corner of the driver's side of the windshield for trucks and tractors and on the front |
27 | left corner of the driver's side for trailers. |
28 | (d) Any motor carrier that has been granted a divisible load permit and has not displayed |
29 | a sticker as required in subsection (c) of this section shall be subject to a fine not exceeding fifty |
30 | dollars ($50.00) for the first offense or not exceeding one hundred dollars ($100) for subsequent |
31 | offenses. |
32 | (e)(d) Divisible load permit fees for Rhode Island registered vehicles are reflected in the |
33 | registration fee as enumerated in § 31-6-1(a)(2). |
34 | (f)(e) Divisible load permit fees for out-of-state registered vehicles are as follows: |
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1 | Trailers $100 flat fee |
2 | 2, 3, or 4 axle Single-unit trucks $50.00 per 1,000 pounds over legal limit |
3 | maximum $1,500 for 76,650 pounds |
4 | Maximum permittable loads for single unit trucks: |
5 | 2 axle - legal weight only per § 31-25-14 (b), (c). |
6 | 3+ axle - 76,650 lbs. |
7 | Not to exceed Manufacturer GVWR. |
8 | Tractors $50.00 per 1,000 over legal limit |
9 | maximum $1,250 for 104,800 pounds. |
10 | Tractors may acquire a permit for up to 104,800 lbs. however the allowable gross weight |
11 | depends on the total number of axles of the tractor/semi-trailer/trailer configuration being used at |
12 | the time. Gross weight limits for tractor/semi-trailer/trailer configurations are as follows: |
13 | 3 axle – 62,000 lbs. |
14 | 4 axle – 87,000 lbs. |
15 | 5+ axle – 104,800 lbs. |
16 | Transfer fee $10.00 |
17 | (g) For the purpose of this section, the "legal limit" is defined as the maximum weight as |
18 | calculated by the Bridge Formula. |
19 | (h) Annual divisible load permits are issued for overweight only and not over- |
20 | dimensional. |
21 | (i) If the annual divisible load permit is used in conjunction with an annual construction |
22 | equipment blanket permit, the limits and requirements of the blanket construction equipment |
23 | permit shall supersede the requirements of the divisible loan permit. The driver must possess both |
24 | permits and all requirement documentation. This shall only apply when divisible load and |
25 | trailered construction equipment are carried simultaneously. |
26 | (j) Violations of this section are subject to fines enumerated in § 31-25-16. |
27 | 31-25-23. Conditions and restrictions on excess load permits. |
28 | (a) The department of revenue transportation or local authority is authorized to issue or |
29 | withhold a permit at its discretion, or if the permit is issued, to limit the number of trips, or to |
30 | establish seasonal or other time limitations within which the described vehicles may be operated |
31 | on the indicated highways, or otherwise to limit or prescribe conditions of operation of the |
32 | vehicle or vehicles, when necessary to assure against undue damage to the road foundations, |
33 | surfaces, or structures, and may require any undertaking or other security that may be deemed |
34 | necessary to compensate for any injury to any roadway or road structure. |
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1 | (b) Whenever a permit is issued by the department of revenue transportation or local |
2 | authority for continuous operation, the permit shall not be issued for a period in excess of the |
3 | registration date of the subject vehicle. |
4 | (c) Upon re-registration of the subject vehicle, permits shall be issued by the department |
5 | of revenue transportation or local authority, upon the re-certification of the braking and carrying |
6 | capacity of the subject vehicle as specified on the expired permit. |
7 | 31-25-24. Carrying and inspection of excess load permits. Carrying and inspection |
8 | of permits. |
9 | Every permit, including all documentation required by that permit, issued under §§ 31- |
10 | 25-21 -- 31-25-23 shall be carried in the vehicle to which it refers and shall be open to inspection |
11 | by any proper officer or authorized agent of any authority granting the permit. No person shall |
12 | violate any of the terms or conditions of the special permit. Violations of this section are subject |
13 | to fines enumerated in § 31-41.1-4. |
14 | 31-25-28. Liability for damages from excess weight Liability for damages from |
15 | oversize or overweight. |
16 | (a) Any person driving any vehicle, object, or contrivance upon any highway or highway |
17 | structure shall be liable for all damage which the highway or structure may sustain as a result of |
18 | any illegal operation, driving, or moving of the vehicle, object, or contrivance, or as a result of |
19 | operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the |
20 | maximum weight, or over the maximum dimensions in this chapter but authorized by a special |
21 | permit issued as provided in this chapter. |
22 | (b) Whenever the driver is not the owner of a vehicle, object, or contrivance, but is so |
23 | operating, driving, or moving it with the express or implied permission of the owner, then the |
24 | owner and driver shall be jointly and severally liable for the damage. |
25 | (c) Damage may be recovered in a civil action brought by the authorities in control of the |
26 | highway or highway structure. |
27 | 31-25-29. Refuse-hauling vehicles -- Exemption from permit. |
28 | Notwithstanding any contrary provisions of this chapter, a motor vehicle designed and |
29 | used for the hauling of refuse shall not be subject to state axle weight restrictions when hauling |
30 | refuse. Nothing in this provision shall waive or modify existing state gross weight restrictions for |
31 | refuse vehicles or other size and weight restrictions. To the extent that application of this section |
32 | to highways which are part of the national system of interstate and defense highways would cause |
33 | this state to be deprived of any federal funds for highway purposes, this section shall not be |
34 | applicable to highways which are part of the system. Nothing in this section shall permit these |
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1 | vehicles to travel over any structure, highway, or portion of highway which is weight restricted |
2 | for the vehicle load. |
3 | SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled |
4 | "Adjudication of Traffic Offenses" is hereby amended to read as follows: |
5 | 31-41.1-4. Schedule of violations. |
6 | (a) The penalties for violations of the enumerated sections, listed in numerical order, |
7 | correspond to the fines described. However, those offenses for which punishments may vary |
8 | according to the severity of the offense, or punishment that require the violator to perform a |
9 | service, shall be heard and decided by the traffic tribunal or municipal court. The following |
10 | violations may be handled administratively through the method prescribed in this chapter. This |
11 | list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other |
12 | violations. |
13 | VIOLATIONS SCHEDULE |
14 | Sections of Total |
15 | General Laws Fine |
16 | 8-8.2-2 DOT, DEM, or other agency and department violations $85.00 |
17 | 24-10-17 Soliciting rides in motor vehicles 85.00 |
18 | 24-10-18 Backing up prohibited 85.00 |
19 | 24-10-20 Park and ride lots 85.00 |
20 | 24-12-37 Nonpayment of toll 100.00 |
21 | 31-3-12 Visibility of plates 85.00 |
22 | 31-3-18 Display of plates 85.00 |
23 | 31-3-32 Driving with expired registration 85.00 |
24 | 31-3-34 Failure to notify division of change of address 85.00 |
25 | 31-3-35 Notice of change of name 85.00 |
26 | 31-3-40 Temporary plates – dealer issued 85.00 |
27 | 31-4-3 Temporary registration – twenty-day (20) bill of sale 85.00 |
28 | 31-10-10 Rules as to armed forces license 85.00 |
29 | 31-10-30 Driving on expired license 85.00 |
30 | 31-10-32 Notice of change of address 85.00 |
31 | 31-10.1-4 No motorcycle helmet (operator) 85.00 |
32 | 31-10.1-5 Motorcycle handlebar violation 85.00 |
33 | 31-10.1-6 No motorcycle helmet (passenger) 85.00 |
34 | 31-10.1-7 Inspection of motorcycle required 85.00 |
| LC004446 - Page 12 of 19 |
1 | 31-12-12 Local motor vehicle ordinance 85.00 |
2 | 31-13-4 Obedience to devices 85.00 |
3 | 31-13-6(3)(i) Eluding traffic light 85.00 |
4 | 31-13-9 Flashing signals 85.00 |
5 | 31-13-11 Injury to signs or devices 85.00 |
6 | 31-14-1 Reasonable and prudent speed 95.00 |
7 | 31-14-3 Condition requiring reduced speed 95.00 |
8 | 31-14-9 Below minimum speed 95.00 |
9 | 31-14-12 Speed limit on bridges and structures 95.00 |
10 | 31-15-1 Leaving lane of travel 85.00 |
11 | 31-15-2 Slow traffic to right 85.00 |
12 | 31-15-3 Operator left of center 85.00 |
13 | 31-15-4 Overtaking on left 85.00 |
14 | 31-15-5(a) Overtaking on right 85.00 |
15 | 31-15-6 Clearance for overtaking 85.00 |
16 | 31-15-7 Places where overtaking prohibited 85.00 |
17 | 31-15-8 No passing zone 85.00 |
18 | 31-15-9 One way highways 85.00 |
19 | 31-15-10 Rotary traffic islands 85.00 |
20 | 31-15-11 Laned roadway violation 85.00 |
21 | 31-15-12 Following too closely 85.00 |
22 | 31-15-12.1 Entering intersection 100.00 |
23 | 31-15-13 Crossing center section of divided highway 85.00 |
24 | 31-15-14 Entering or leaving limited access roadways 85.00 |
25 | 31-15-16 Use of emergency break-down lane for travel 85.00 |
26 | 31-15-17 Crossing bicycle lane 85.00 |
27 | 31-15-18 Unsafe passing of person operating a bicycle 85.00 |
28 | 31-16-1 Care in starting from stop 85.00 |
29 | 31-16-2 Manner of turning at intersection 85.00 |
30 | 31-16-4 U turn where prohibited 85.00 |
31 | 31-16-5 Turn signal required 85.00 |
32 | 31-16-6 Time of signaling turn 85.00 |
33 | 31-16-7 Failure to give stop signal 85.00 |
34 | 31-16-8 Method of giving signals 85.00 |
| LC004446 - Page 13 of 19 |
1 | 31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00 |
2 | second and subsequent offense not to exceed 500.00 |
3 | 31-17-1 Failure to yield right of way 85.00 |
4 | 31-17-2 Vehicle turning left 85.00 |
5 | 31-17-3 Yield right of way (intersection) 85.00 |
6 | 31-17-4 Obedience to stop signs 85.00 |
7 | 31-17-5 Entering from private road or driveway 85.00 |
8 | 31-17-8 Vehicle within right of way, rotary 85.00 |
9 | 31-17-9 Yielding to bicycles on bicycle lane 85.00 |
10 | 31-18-3 Right of way in crosswalks first violation 85.00 |
11 | second violation or any subsequent violation $100.00 |
12 | 31-18-5 Crossing other than at crosswalks 85.00 |
13 | 31-18-8 Due care by drivers 85.00 |
14 | 31-18-12 Hitchhiking 85.00 |
15 | 31-18-18 Right of way on sidewalks 85.00 |
16 | 31-19-3 Traffic laws applied to bicycles 85.00 |
17 | 31-19-20 Sale of new bicycles 85.00 |
18 | 31-19-21 Sale of used bicycles 85.00 |
19 | 31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 |
20 | 31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 |
21 | 31-20-1 Failure to stop at railroad crossing 85.00 |
22 | 31-20-2 Driving through railroad gate 85.00 |
23 | 31-20-9 Obedience to stop sign 85.00 |
24 | 31-21-4 Places where parking or stopping prohibited 85.00 |
25 | 31-21-14 Opening of vehicle doors 85.00 |
26 | 31-21-18 Electric vehicle charging station restriction 85.00 |
27 | 31-22-2 Improper backing up 85.00 |
28 | 31-22-4 Overloading vehicle 85.00 |
29 | 31-22-5 Violation of safety zone 85.00 |
30 | 31-22-6 Coasting 85.00 |
31 | 31-22-7 Following fire apparatus 85.00 |
32 | 31-22-8 Crossing fire hose 85.00 |
33 | 31-22-9 Throwing debris on highway – snow removal 85.00 |
34 | 31-22-11.5 Improper use of school bus– not to exceed five hundred dollars |
| LC004446 - Page 14 of 19 |
1 | for each day of improper use ($500) |
2 | 31-22-22(a) No child restraint 85.00 |
3 | 31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00 |
4 | 31-22-22(b), (f) No seat belt – passenger 40.00 |
5 | 31-22-22(g) No seat belt – operator 40.00 |
6 | 31-22-23 Tow trucks – proper identification 275.00 |
7 | 31-22-24 Operation of interior lights 85.00 |
8 | 31-23-1(b)(2) U.S. department of transportation motor carrier safety rules |
9 | and regulations Not less than $85.00 |
10 | or more than $500.00 |
11 | 31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00 |
12 | 31-23-1(e)(7) Operation of an "out of service vehicle" 100.00 |
13 | 31-23-2(b) Installation or adjustment of unsafe or prohibited parts, |
14 | equipment, or accessories: |
15 | (first offense) 250.00 |
16 | (second offense) 500.00 |
17 | (third and subsequent offenses) 1,000.00 |
18 | 31-23-4 Brake equipment required 85.00 |
19 | 31-23-8 Horn required 85.00 |
20 | 31-23-10 Sirens prohibited 85.00 |
21 | 31-23-13 Muffler required 85.00 |
22 | 31-23-13.1 Altering height or operating a motor vehicle with an |
23 | altered height 85.00 |
24 | 31-23-14 Prevention of excessive fumes or smoke 85.00 |
25 | 31-23-16 Windshield and window stickers (visibility) 85.00 |
26 | 31-23-17 Windshield wipers 85.00 |
27 | 31-23-19 Metal tires prohibited 85.00 |
28 | 31-23-20 Protuberances on tires 85.00 |
29 | 31-23-26 Fenders and wheel flaps required 85.00 |
30 | 31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00 |
31 | 31-23-29 Flares or red flag required over four thousand pounds |
32 | (4,000 lbs.) 85.00 |
33 | 31-23-40 Approved types of seat belt requirements 85.00 |
34 | 31-23-42.1 Special mirror – school bus 85.00 |
| LC004446 - Page 15 of 19 |
1 | 31-23-43 Chocks required (1 pair) – over four thousand pounds |
2 | (4,000 lbs.) 85.00 |
3 | 31-23-45 Tire treads – defective tires 85.00 |
4 | 31-23-47 Slow moving emblem required 85.00 |
5 | 31-23-49 Transportation of gasoline – passenger vehicle 85.00 |
6 | 31-23-51 Operating bike or motor vehicle wearing ear phones |
7 | (first offense) 85.00 |
8 | second offense 95.00 |
9 | for the third and each subsequent offense 140.00 |
10 | 31-24-1 through 31-24-54 Times when lights required 85.00 |
11 | 31-25-3 Maximum width of one hundred and two inches (102") |
12 | exceeded 85.00 |
13 | 31-25-4 Maximum height of one hundred sixty-two inches (162") |
14 | exceeded 85.00 |
15 | 31-25-6 Maximum number and length of coupled vehicles 500.00 |
16 | 31-25-7 Load extending three feet (3') front, six feet (6') rear |
17 | exceeded 85.00 |
18 | 31-25-9 Leaking load 85.00 |
19 | 31-25-11 Connections between coupled vehicles 85.00 |
20 | 31-25-12 Towing chain, twelve-inch (12") square flag required 85.00 |
21 | 31-25-12.1 Tow truck – use of lanes |
22 | (first offense) 85.00 |
23 | second offense 95.00 |
24 | for the third and each subsequent offense 100.00 |
25 | 31-25-14(d)(1) Maximum weight and tandem axles 125.00 |
26 | 31-25-14(d)(2) Maximum weight and tandem axles 125.00 |
27 | 31-25-14(d)(3) Maximum weight and tandem axles 125.00 |
28 | 31-25-16(c)(2) Maximum weight shown in registration per thousand lbs. |
29 | overweight or portion thereof 85.00 |
30 | 31-25-16(c)(3) Maximum weight shown in registration per thousand lbs. |
31 | overweight or portion thereof. 125.00 |
32 | 31-25-16(c)(4) Maximum weight shown in registration 1,025.00 |
33 | plus per thousand pounds overweight or portion thereof $125.00 |
34 | 31-25-17 Identification of trucks and truck-tractors |
| LC004446 - Page 16 of 19 |
1 | (first offense) 85.00 |
2 | (second offense) 95.00 |
3 | for the third and subsequent offenses 125.00 |
4 | 31-25-24 Carrying and inspection of excess load limit 175.00 350.00 |
5 | 31-25-27(c) Maximum axle |
6 | (first offense) 3,000.00 |
7 | not to exceed 5,000.00 |
8 | for each and every subsequent offense |
9 | 31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River |
10 | Bridge |
11 | (first offense) 3,000.00 |
12 | not to exceed 5,000.00 |
13 | for each and every subsequent offense |
14 | 31-27-2.3 Refusal to take preliminary breath test 85.00 |
15 | 31-28-7(d) Wrongful use of handicapped parking placard 500.00 |
16 | 31-28-7(f) Handicapped parking space violation: |
17 | First offense 100.00 |
18 | Second offense 175.00 |
19 | Third offense and subsequent offenses 325.00 |
20 | 31-28-7.1(e) Wrongful use of institutional handicapped parking |
21 | placard 125.00 |
22 | 31-33-2 Failure to file accident report 85.00 |
23 | 31-36.1-17 No fuel tax stamp (out-of-state) 85.00 |
24 | and not exceeding for subsequent offense ($100) |
25 | 31-38-3 No inspection sticker 85.00 |
26 | 31-38-4 Violation of inspection laws 85.00 |
27 | 31-41.3-15 Automated school-zone-speed-enforcement system 50.00 |
28 | 31-47.2-6 Heavy-duty vehicle emission inspections: |
29 | First offense 125.00 |
30 | Second offense 525.00 |
31 | Third and subsequent offenses 1,025.00 |
32 | 37-15-7 Littering not less than 55.00 |
33 | not more than five hundred dollars ($500) |
34 | 39-12-26 Public carriers violation 300.00 |
| LC004446 - Page 17 of 19 |
1 | SPEEDING Fine |
2 | (A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 95.00 |
3 | (B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine 205.00 |
4 | of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. minimum |
5 | (b) In addition to any other penalties provided by law, a judge may impose the following |
6 | penalties for speeding: |
7 | (1) For speeds up to and including ten miles per hour (10 mph) over the posted speed |
8 | limit on public highways, a fine as provided for in subsection (a) of this section for the first |
9 | offense; ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second |
10 | offense if within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for |
11 | each mile in excess of the speed limit for the third and any subsequent offense if within twelve |
12 | (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days. |
13 | (2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on |
14 | public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for |
15 | the first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the |
16 | second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per |
17 | mile for each mile in excess of the speed limit for the third and subsequent offense if within |
18 | twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) |
19 | days. |
20 | (c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person |
21 | charged with a violation who pays the fine administratively pursuant to this chapter shall not be |
22 | subject to any additional costs or assessments, including, but not limited to, the hearing fee |
23 | established in § 8-18-4. |
24 | SECTION 3. This act shall take effect upon passage. |
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| LC004446 - Page 18 of 19 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- SIZE, WEIGHT, AND LOAD LIMITS | |
*** | |
1 | This act would transfer all responsibility for oversize/overweight permitting to the |
2 | department of transportation from the division of motor vehicles. This act further amends and |
3 | increases fines for all oversize and overweight infractions to deter repetitive violations, and to |
4 | offset major costs incurred to repair damage to infrastructure while improving road accessibility |
5 | for permit vehicles, while maintaining safety. |
6 | This act would take effect upon passage. |
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LC004446 | |
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| LC004446 - Page 19 of 19 |