2023 -- H 5229

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LC000507

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SPECIAL LICENSE FOR

MOTORCYCLES, MOTOR SCOOTERS AND OTHER MOTOR-DRIVEN CYCLES

     

     Introduced By: Representatives Perez, Cardillo, and Fellela

     Date Introduced: January 25, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-10.1-4 of the General Laws in Chapter 31-10.1 entitled "Special

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License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to

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read as follows:

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     31-10.1-4. Required equipment.

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     Operators of motorcycles, motor scooters, and motor-driven cycles shall use eye protection

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of a type approved by the administrator of the division of motor vehicles when operating their

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vehicles on streets and highways. Every motorcycle, motor scooter, and motor-driven cycle shall

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be equipped with a rear view mirror. Any operator under the age of twenty-one (21) of a

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motorcycle, motor scooter or motor-driven cycle shall wear a helmet of a type approved by the

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administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required,

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for a period of one year from the date of issuance of the first license pursuant to § 31-10.1-1, to

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wear a helmet of a type approved by said administrator. Any person deemed in violation of this

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provision shall be subject to the fines enumerated in § 31-41.1-4, which shall be paid in accordance

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with the provisions of chapter 41.1 of this title. The administrator of the division of motor vehicles

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is authorized to set forth rules and regulations governing the use of other equipment on those

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vehicles. All fines collected under this section shall be deposited in a general restricted receipt

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account for the use of the Rhode Island governor’s office on highway safety in order to promote

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educational and informational programs encouraging helmet use.

 

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     SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled

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"Adjudication of Traffic Offenses" is hereby amended to read as follows:

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     31-41.1-4. Schedule of violations.

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     (a) The penalties for violations of the enumerated sections, listed in numerical order,

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correspond to the fines described. However, those offenses for which punishments may vary

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according to the severity of the offense, or punishment that requires the violator to perform a

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service, shall be heard and decided by the traffic tribunal or municipal court. The following

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violations may be handled administratively through the method prescribed in this chapter. This list

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is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other

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violations.

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VIOLATIONS SCHEDULE

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Section of Total

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General

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Laws Fine   

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8-8.2-2 DOT, DEM, or other agency and department violations $85.00

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24-10-17 Soliciting rides in motor vehicles 85.00

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24-10-18 Backing up prohibited 85.00

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24-10-19 Advertising motor vehicle for sale on state highways 100.00

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24-10-20 Park and ride lots 85.00

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24-12-37 Nonpayment of toll 100.00

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31-3-12 Visibility of plates 85.00

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31-3-18 Display of plates 85.00

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31-3-32 Driving with expired registration 85.00

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31-3-34 Failure to notify division of change of address 85.00

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31-3-35 Notice of change of name 85.00

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31-3-40 Temporary plates – dealer issued 85.00

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31-4-3 Temporary registration – twenty-day (20) bill of sale 85.00

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31-10-10 Rules as to armed forces license 85.00

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31-10-30 Driving on expired license 85.00

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31-10-32 Notice of change of address 85.00

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31-10.1-4 No motorcycle helmet (operator) 85.00 100.00

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31-10.1-5 Motorcycle handlebar violation 85.00

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31-10.1-6 No motorcycle helmet (passenger) 85.00 100.00

 

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31-10.1-7 Inspection of motorcycle required 85.00

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31-12-12 Local motor vehicle ordinance 85.00

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31-13-4 Obedience to devices 85.00

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31-13-6(3)(i) Eluding traffic light 85.00

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31-13-9 Flashing signals 85.00

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31-13-11 Injury to signs or devices 85.00

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31-14-1 Reasonable and prudent speed 95.00

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31-14-3 Condition requiring reduced speed 95.00

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31-14-9 Below minimum speed 95.00

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31-14-12 Speed limit on bridges and structures 95.00

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31-15-1 Leaving lane of travel 85.00

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31-15-2 Slow traffic to right 85.00

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31-15-3 Operator left of center 85.00

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31-15-4 Overtaking on left 85.00

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31-15-5(a) Overtaking on right 85.00

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31-15-6 Clearance for overtaking 85.00

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31-15-7 Places where overtaking prohibited 85.00

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31-15-8 No passing zone 85.00

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31-15-9 One way highways 85.00

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31-15-10 Rotary traffic islands 85.00

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31-15-11 Laned roadway violation 85.00

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31-15-12 Following too closely 85.00

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31-15-12.1 Entering intersection 100.00

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31-15-13 Crossing center section of divided highway 85.00

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31-15-14 Entering or leaving limited access roadways 85.00

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31-15-16 Use of emergency break-down lane for travel 85.00

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31-15-17 Crossing bicycle lane 85.00

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31-15-18 Unsafe passing of person operating a bicycle 85.00

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31-16-1 Care in starting from stop 85.00

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31-16-2 Manner of turning at intersection 85.00

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31-16-4 U turn where prohibited 85.00

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31-16-5 Turn signal required 85.00

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31-16-6 Time of signaling turn 85.00

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31-16-7 Failure to give stop signal 85.00

 

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31-16-8 Method of giving signals 85.00

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31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00

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second and subsequent offense not to exceed 500.00

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31-17-1 Failure to yield right of way 85.00

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31-17-2 Vehicle turning left 85.00

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31-17-3 Yield right of way (intersection) 85.00

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31-17-4 Obedience to stop signs 85.00

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31-17-5 Entering from private road or driveway 85.00

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31-17-8 Vehicle within right of way, rotary 85.00

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31-17-9 Yielding to bicycles on bicycle lane 85.00

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31-18-3 Right of way in crosswalks first violation 85.00

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second violation or any subsequent violation $100.00

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31-18-5 Crossing other than at crosswalks 85.00

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31-18-8 Due care by drivers 85.00

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31-18-12 Hitchhiking 85.00

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31-18-18 Right of way on sidewalks 85.00

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31-19-3 Traffic laws applied to bicycles 85.00

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31-19-20 Sale of new bicycles 85.00

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31-19-21 Sale of used bicycles 85.00

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31-19.1-2 Operating motorized bicycle on an interstate highway 85.00

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31-19.2-2 Operating motorized tricycle on an interstate highway 85.00

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31-20-1 Failure to stop at railroad crossing 85.00

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31-20-2 Driving through railroad gate 85.00

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31-20-9 Obedience to stop sign 85.00

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31-21-4 Places where parking or stopping prohibited 85.00

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31-21-14 Opening of vehicle doors 85.00

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31-21-18 Electric vehicle charging station restriction 85.00

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31-22-2 Improper backing up 85.00

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31-22-4 Overloading vehicle 85.00

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31-22-5 Violation of safety zone 85.00

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31-22-6 Coasting 85.00

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31-22-7 Following fire apparatus 85.00

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31-22-8 Crossing fire hose 85.00

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31-22-9 Throwing debris on highway – snow removal 85.00

 

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31-22-11.5 Improper use of school bus – not to exceed five hundred dollars

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($500)

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for each day of improper use

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31-22-22(a) No child restraint 85.00

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31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00

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31-22-22(b), (f) No seat belt – passenger 40.00

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31-22-22(g) No seat belt – operator 40.00

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31-22-23 Tow trucks – proper identification 275.00

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31-22-24 Operation of interior lights 85.00

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31-23-1(b)(2) U.S. department of transportation motor carrier safety rules

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and regulations Not less than $85.00

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or more than $500.00

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31-23-1(e)(6) Removal of an “out of service vehicle” sticker 125.00

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31-23-1(e)(7) Operation of an “out of service vehicle” 100.00

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31-23-2(b) Installation or adjustment of unsafe or prohibited parts,

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equipment, or accessories:

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(first offense) 250.00

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(second offense) 500.00

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(third and subsequent offenses) 1,000.00

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31-23-4 Brake equipment required 85.00

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31-23-8 Horn required 85.00

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31-23-10 Sirens prohibited 85.00

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31-23-13 Muffler required 85.00

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31-23-13.1 Altering height or operating a motor vehicle with an

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altered height 85.00

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31-23-14 Prevention of excessive fumes or smoke 85.00

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31-23-16 Windshield and window stickers (visibility) 85.00

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31-23-17 Windshield wipers 85.00

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31-23-19 Metal tires prohibited 85.00

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31-23-20 Protuberances on tires 85.00

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31-23-26 Fenders and wheel flaps required 85.00

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31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00

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31-23-29 Flares or red flag required over four thousand pounds

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(4,000 lbs.) 85.00

 

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31-23-40 Approved types of seat belt requirements 85.00

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31-23-42.1 Special mirror – school bus 85.00

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31-23-43 Chocks required (1 pair) – over four thousand pounds

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(4,000 lbs.) 85.00

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31-23-45 Tire treads – defective tires 85.00

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31-23-47 Slow moving emblem required 85.00

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31-23-49 Transportation of gasoline – passenger vehicle 85.00

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31-23-51 Operating bike or motor vehicle wearing ear phones

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(first offense) 85.00

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second offense 95.00

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for the third and each subsequent offense 140.00

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31-24-1 through 31-24-54 Times when lights required 85.00

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31-25-9 Leaking load 85.00

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31-25-11 Connections between coupled vehicles 85.00

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31-25-12 Towing chain, twelve-inch (12") square flag required 85.00

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31-25-12.1 Tow truck – use of lanes

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(first offense) 85.00

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second offense 95.00

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for the third and each subsequent offense 100.00

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31-25-17 Identification of trucks and truck-tractors

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(first offense) 85.00

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(second offense) 95.00

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for the third and subsequent offenses 125.00

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31-25-24 Carrying and inspection of excess load limit 350.00

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31-27-2.3 Refusal to take preliminary breath test 85.00

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31-28-7(d) Wrongful use of handicapped parking placard 500.00

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31-28-7(f) Handicapped parking space violation:

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First offense 100.00

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Second offense 175.00

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Third offense and subsequent offenses 325.00

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31-28-7.1(e) Wrongful use of institutional handicapped parking

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placard 125.00

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31-33-2 Failure to file accident report 85.00

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31-34-2 Proof of insurance – motor vehicle rental 85.00

 

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31-34-3 Operation by person other than lessee 85.00

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31-36.1-17 No fuel tax stamp (out-of-state) 85.00

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and not exceeding ($100) for subsequent offense

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31-38-3 No inspection sticker 85.00

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31-38-4 Violation of inspection laws 85.00

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31-41.3-15 Automated school zone speed enforcement system 50.00

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31-47.2-6 Heavy-duty vehicle emission inspections:

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First offense 125.00

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Second offense 525.00

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Third and subsequent offenses 1,025.00

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37-15-7 Littering not less than 55.00,

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not more than five hundred dollars ($500)

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39-12-26 Public carriers violation 300.00 

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SPEEDING Fine

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(A) One to ten miles per hour (1-10 m.p.h.) in excess of posted speed limit $ 95.00

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(B) Eleven miles per hour (11 m.p.h.) in excess of posted speed limit with 205.00 minimum

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a fine of ten dollars ($10.00) per mile in excess of speed limit shall be

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assessed.

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     (b) In addition to any other penalties provided by law, a judge may impose the following

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penalties for speeding:

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     (1) For speeds up to and including ten miles per hour (10 m.p.h.) over the posted speed

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limit on public highways, a fine as provided for in subsection (a) of this section for the first offense;

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ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if

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within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile

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in excess of the speed limit for the third and any subsequent offense if within twelve (12) months

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of the first offense. In addition, the license may be suspended up to thirty (30) days.

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     (2) For speeds in excess of ten miles per hour (10 m.p.h.) over the posted speed limit on

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public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the

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first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the

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second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per

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mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve

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(12) months of the first offense. In addition, the license may be suspended up to sixty (60) days.

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     (c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person

 

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charged with a violation who pays the fine administratively pursuant to this chapter shall not be

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subject to any additional costs or assessments, including, but not limited to, the hearing fee

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established in § 8-18-4.

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     SECTION 3. This act shall take effect upon passage.

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LC000507

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SPECIAL LICENSE FOR

MOTORCYCLES, MOTOR SCOOTERS AND OTHER MOTOR-DRIVEN CYCLES

***

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     This act would require any operator of a motorcycle, motor scooter or motor-driven cycle

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to wear a helmet. Violations would be punished by a fine of one hundred dollars ($100) and would

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increase the fines for failure of a passenger to wear a helmet to one hundred dollars ($100).

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     This act would take effect upon passage.

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LC000507

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