2022 -- H 7495

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LC004317

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE REPARATIONS

ACT

     Introduced By: Representatives Perez, Vella-Wilkinson, and C Lima

     Date Introduced: February 16, 2022

     Referred To: House Finance

     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 registered or 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 registered or required to be

registered in this state with the knowledge that the owner of it 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 with respect to his or her operation of the vehicle, may be

subject to a mandatory suspension of license and registration as follows:

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

of one hundred dollars ($100) up to five hundred dollars ($500) one hundred twenty-five dollars

($125);

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

dollars ($500); and

     (3) For a third and subsequent offense, a suspension of 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; or

     (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); and

     (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.

     (d) For the purpose of this section, an "operator's policy of liability insurance" means a

policy issued by an insurance carrier duly authorized to transact business in this state that 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.

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     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 amend the fine imposed for a first offense for failure to maintain financial

security, to a maximum of one hundred twenty-five dollars ($125).

     This act would take effect upon passage.

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LC004317

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