2020 -- H 7919

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LC004862

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SCHOOL BUS SAFETY

ENFORCEMENT

     Introduced By: Representative Stephen R. Ucci

     Date Introduced: February 26, 2020

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-51-5 of the General Laws in Chapter 31-51 entitled "School Bus

Safety Enforcement" is hereby amended to read as follows:

     31-51-5. Driver/registered owner liability.

     (a) The registered owner of a motor vehicle shall not operate or allow the motor vehicle to

be operated in violation of this chapter. There shall be a rebuttable presumption that the registered

owner of the vehicle that is photographed pursuant to this chapter was operating the vehicle.

     (b) In all prosecutions of civil traffic violations based on evidence obtained from a live

digital video school bus violation detection monitoring system as provided under this chapter, the

registered owner of the vehicle shall be primarily responsible in all prosecutions of violations

pursuant to the provisions of this chapter, except as otherwise provided under this chapter.

     (c) In the event that the registered owner of the vehicle operated in violation of this chapter

was not the operator of the vehicle at the time of the violation, the registered owner shall either:

     (1) Accept responsibility for the violation by paying the fine; or

     (2) Upon receipt of the notice of the violation, provide the issuing authority, within twenty

(20) days of the date of issuance, the name and address of the individual operating the vehicle at

the time which the violation occurred.

     (d) It shall be prima facie evidence, establishing a rebuttable presumption, that the owner

of the registered motor vehicle was the operator of the vehicle at the time of the violation if the

registered owner of the motor vehicle fails to pay the fine and fails to proceed under subdivision

31-51-5(c)(2). Evidence offered pursuant to this chapter shall be sufficient to establish a violation

of § 31-51-2.2 by clear and convincing evidence.

     (e) The owner of a rented or leased motor vehicle may establish non-liability for violations

issued pursuant to this chapter by providing to the issuing authority a copy of the written rental or

a lease agreement which shall be prima facie evidence, establishing a rebuttable presumption, that

the lessee was the operator of the vehicle. In the event that the lessee was not the operator of the

motor vehicle at the time of the violation, the lessee shall either:

     (1) Accept responsibility for the violation by paying the fine; or

     (2) Upon receipt of the notice of the violation, provide the issuing authority within twenty

(20) days of the date of issuance, the name and address of the individual operating the vehicle at

the time which the violation occurred.

     (f) The lessee of a leased vehicle shall be considered the owner of a motor vehicle for

purposes of this section.

     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 -- SCHOOL BUS SAFETY

ENFORCEMENT

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     This act would consider the lessee of a leased vehicle as the owner of the motor vehicle for

purposes of this section.

     This act would take effect upon passage.

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