A N A C T
RELATING TO MOTOR AND OTHER VEHICLES - DIESEL ENGINE VEHICLES
It is enacted by the General Assembly as follows:
SECTION 1. Title 31 of the General Laws entitled "Motor and Other vehicles" is hereby amended by adding thereto the following chapter:
CHAPTER 47.2
HEAVY DUTY DIESEL VEHICLE EMISSION INSPECTIONS
31-47.2-1. Legislative findings. -- The general assembly hereby finds and declares that:
(a) Exhaust emissions from heavy-duty diesel engines used in trucks and buses traveling within Rhode Island contribute significantly to air pollution within the state;
(b) Heavy-duty diesel engines in a poor state of repair emit higher levels of pollution than engines that are well maintained;
(c) Citizens of Rhode Island frequently raise concerns about emissions from heavy-duty diesel engines;
(d) Such emissions diminish the quality of life and health of our citizens;
(e) Technology exists to determine the level of exhaust emissions from heavy-duty vehicles;
(f) Maintenance and repair procedures are available that can readily be employed to correct unacceptable exhaust emissions;
(g) Rhode Island is a party to a memorandum of understanding among states of the northeast United States in which each state agreed to use its best efforts to implement heavy-duty diesel testing programs consistent with the elements of the memorandum of understanding; and
(h) It is in the public interest to establish a program regulating exhaust emissions from heavy-duty diesel trucks and buses traveling within Rhode Island.
31-47.2-2. Inspection requirement. - The administrator of the division of motor vehicles shall, at the direction of the director of the department of administration and in coordination with the department of environmental management, establish rules and regulations and develop testing techniques and emission standards for motor vehicles subject to the provisions of this chapter.
(1) Motor vehicles subject to this chapter shall be determined by regulation, and shall include, but not necessarily be limited to, all diesel powered trucks and buses of all model years and over eight thousand five hundred pounds (8,500 lbs.) gross vehicle weight rating that operate on the highways of Rhode Island.
(2) Standards for opacity of emissions shall be promulgated for all subject vehicles.
(3) In establishing such standards, the administrator shall review standards in effect in other states in the northeast United States and to the extent practicable shall establish standards consistent with standards in other states.
(4) Emissions inspections may be performed at roadside or in conjunction with any safety or weight inspection.
(5) Any motor vehicle which is inspected and found not to comply with the standards for heavy-duty diesel motor vehicle emissions shall be repaired within forty-five (45) consecutive calendar days after the inspection so as to comply with the standards for heavy-duty diesel motor vehicle emissions, or not be operated on the highways of the state.
31-47.2-3. On-road inspection. - Beginning no later than January 1, 2001, motor vehicles subject to the provisions of this chapter shall be subject to a roadside emissions inspection conducted by the state police.
31-47.2-4. Periodic inspection. - Beginning no later than January 1, 2003, all vehicles subject to the provisions of this chapter and registered in Rhode Island shall be inspected for emissions on a periodic basis.
(1) Vehicles subject to the provisions of this chapter which are operated in fleets of ten (10) or more vehicles may be self-inspected or inspected at a heavy-duty authorized inspection and repair (HD-AIRS) facility on an annual basis.
(2) Individual heavy-duty vehicle owners, not in a fleet of ten (10) or more vehicles, shall have their vehicles inspected at a heavy-duty authorized inspection and repair (HD-AIRS) facility on an annual basis.
31-47.2-5. Inspection fee. - A fee, established in accordance with the rules and regulations of the department of administration, is to be charged for each motor vehicle inspected. The amount of the fee collected shall provide for the cost of inspection, the cost of administering the motor vehicle inspection program, and other costs provided by law.
31-47.2-6. Penalty for violations. - (a) After July 1, 2001, any person who fails to comply with the provisions of this chapter or any rule or regulation promulgated hereunder shall be subject to a civil violation and penalty of:
(1) one hundred dollars ($100) for a first offense;
(2) five hundred dollars ($500) for a second offense; and
(3) one thousand dollars ($1,000) for the third and subsequent offenses.
(b) The penalties may be reduced upon a showing that repairs have been made to bring failing vehicles into compliance with emission standards. There shall be no reduction for a first offense. Any reduction of the penalty for second, third and subsequent offenses shall be by not more than four hundred fifty dollars ($450).
(c) No person shall knowingly give false information to a HD-AIRS, the administrator or his designee concerning compliance with the provisions of this chapter and regulations promulgated hereunder.
31-47.2-7. Contract. - The administrator may contract the services of an independent contractor in order to carry out his or her duties under this chapter.
SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled "Adjudication of Traffic Offenses" is hereby amended to read as follows:
31-41.1-4. Schedule of violations. -- (a) The penalties for violations of the enumerated sections correspond to the fines described; provided, however, those offenses for which punishments which may vary according to the severity of the offense, or punishment which require the violator to perform a service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter; provided, however, this list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations.
VIOLATIONS SCHEDULE
|
Section of |
Total |
|
|
General Laws |
Fine |
|
|
31-10-32 |
Notice of change of address |
50.00 |
|
31-15-9 |
One way highways |
50.00 |
|
31-14-3 |
Condition requiring reduced speed |
50.00 |
|
31-13-9 |
Flashing signals |
50.00 |
|
31-16-5 |
Turn signal required |
50.00 |
|
31-16-2 |
Manner of turning at intersection |
50.00 |
|
31-21-4 |
Places where parking or stopping prohibited |
50.00 |
|
31-15-6 |
Clearance for overtaking |
50.00 |
|
31-25-10 |
Fastening of load and covering |
50.00 |
|
31-24-1 |
Times when lights required |
50.00 |
|
through |
||
|
31-24-53 |
Safety lights required on food vending vehicles |
|
|
31-15-4 |
Overtaking on left |
50.00 |
|
31-15-5(a) |
Overtaking on right |
50.00 |
|
31-16-6 |
Time of signaling turn |
50.00 |
|
31-17-4 |
Obedience to stop signs |
50.00 |
|
31-22-9 |
Throwing debris on highway - snow |
|
|
removal |
50.00 |
|
|
31-17-2 |
Vehicle turning left |
50.00 |
|
31-23-15 |
Rear view mirror |
50.00 |
|
31-10.1-4 |
No motorcycle helmet (operator) |
50.00 |
|
31-10.1-6 |
No motorcycle helmet (passenger) |
50.00 |
|
31-15-12 |
Following too closely |
50.00 |
|
31-14-9 |
Below minimum speed |
50.00 |
|
31-15-3 |
Operator left of center |
50.00 |
|
31-15-7 |
Places where overtaking prohibited |
50.00 |
|
31-13-4 |
Obedience to devices |
50.00 |
|
31-38-3 |
No inspection sticker |
50.00 |
|
31-15-16 |
Use of emergency break-down lane for |
|
|
travel |
50.00 |
|
|
31-3-18 |
Display of plates |
50.00 |
|
31-19-20 |
Sale of new bicycles |
50.00 |
|
31-19-21 |
Sale of used bicycles |
50.00 |
|
31-27-2.3 |
Refusal to take preliminary breath |
|
|
test |
50.00 |
|
|
24-10-17 |
Soliciting rides in motor vehicles |
50.00 |
|
24-10-18 |
Backing up prohibited |
50.00 |
|
31-3-32 |
Driving with expired registration |
50.00 |
|
31-3-34 |
Failure to notify registry of change of |
|
|
address |
50.00 |
|
|
31-3-35 |
Notice of change of name |
50.00 |
|
31-3-40 |
Temporary plates - dealer issued |
50.00 |
|
31-4-3 |
Temporary registration - twenty (20) |
|
|
day bill of sale |
50.00 |
|
|
31-7-1 |
Operating on foreign registration |
50.00 |
|
31-8-1 |
Operating without evidence of regis- |
|
|
tration |
50.00 |
|
|
31-10-10 |
Rules as to armed forces license |
50.00 |
|
31-10-30 |
Driving on expired license |
50.00 |
|
31-10.1-5 |
Motorcycle handlebar violation |
50.00 |
|
31-10.1-7 |
Inspection of motorcycle required |
50.00 |
|
31-12-2 |
Obedience to laws |
50.00 |
|
31-13-6(c)(1) |
Eluding traffic light |
50.00 |
|
31-13-11 |
Injury to signs or devices |
50.00 |
|
31-14-1 |
Reasonable and prudent speed |
50.00 |
|
31-14-12 |
Speed limit on bridges and structures |
50.00 |
|
31-15-1 |
Leaving lane of travel |
50.00 |
|
31-15-2 |
Slow traffic to right |
50.00 |
|
31-15-8 |
No passing zone |
50.00 |
|
31-15-10 |
Rotary traffic islands |
50.00 |
|
31-15-11 |
Laned roadway violation |
50.00 |
|
31-15-12.1 |
Entering intersection |
50.00 |
|
31-15-13 |
Crossing center section of divided |
|
|
highway |
50.00 |
|
|
31-15-14 |
Entering or leaving limited access |
|
|
roadways |
50.00 |
|
|
31-16-1 |
Care in starting from stop |
50.00 |
|
31-16-4 |
U turn where prohibited |
50.00 |
|
31-16-7 |
Failure to give stop signal |
50.00 |
|
31-16-8 |
Method of giving signals |
50.00 |
|
31-17-1 |
Failure to yield right of way |
50.00 |
|
31-17-3 |
Yield right of way (intersection) |
50.00 |
|
31-17-5 |
Entering from private road or |
|
|
driveway |
50.00 |
|
|
31-17-8 |
Vehicle within right of way, rotary |
50.00 |
|
31-18-3 |
Right of way in crosswalks |
50.00 |
|
31-18-5 |
Crossing other than at crosswalks |
50.00 |
|
31-18-8 |
Due care by drivers |
50.00 |
|
31-18-12 |
Hitchhiking |
50.00 |
|
31-18-18 |
Right of way on sidewalks |
50.00 |
|
31-19-3 |
Traffic laws applied to bicycles |
50.00 |
|
31-19.1-2 |
Operating motorized bicycle on an |
|
|
interstate highway |
50.00 |
|
|
31-19.2-2 |
Operating motorized tricycle on an |
|
|
interstate highway |
50.00 |
|
|
31-20-1 |
Failure to stop at railroad crossing |
50.00 |
|
31-20-2 |
Driving through railroad gate |
50.00 |
|
31-20-9 |
Obedience to stop sign |
50.00 |
|
31-21-14 |
Opening of vehicle doors |
50.00 |
|
31-22-2 |
Improper backing up |
50.00 |
|
31-22-4 |
Overloading vehicle |
50.00 |
|
31-22-5 |
Violation of safety zone |
50.00 |
|
31-22-6 |
Coasting |
50.00 |
|
31-22-7 |
Following fire apparatus |
50.00 |
|
31-22-8 |
Crossing fire hose |
50.00 |
|
31-22-11.5 |
Improper use of school bus - not to |
|
|
exceed five hundred dollars ($500) for |
||
|
each day of improper use |
||
|
31-22-22(a) |
No child restraint |
50.00 |
|
31-22-22(b) |
No child restraint/seat belt and/or not |
|
|
in back seat |
50.00 |
|
|
31-22-22(f)(n) |
No seat belt - passenger |
50.00 |
|
31-22-22(g) |
No seat belt operator |
50.00 |
|
31-22-23 |
Tow trucks - proper identification |
50.00 |
|
31-22-24 |
Operation of interior lights |
50.00 |
|
31-23-1(b) |
Department of Transportation motor |
|
|
carrier safety rules and regulations |
50.00 |
|
|
31-23-10 |
Sirens prohibited |
50.00 |
|
31-23-13.1 |
Altering height or operating a motor |
|
|
vehicle with an altered height |
50.00 |
|
|
31-23-16 |
Windshield and window stickers |
|
|
(visibility) |
50.00 |
|
|
31-23-19 |
Metal tires prohibited |
50.00 |
|
31-23-29 |
Flares or red flag required over |
|
|
four thousand pounds (4,000 lbs.) |
50.00 |
|
|
31-23-38 |
Television receivers prohibited |
50.00 |
|
31-23-42.1 |
Special mirror - school bus |
50.00 |
|
31-23-43 |
Chocks required (1 pair) - over |
|
|
four thousand pounds (4,000 lbs.) |
50.00 |
|
|
31-23-47 |
Slow moving emblem required |
50.00 |
|
31-23-49 |
Transportation of gasoline - passenger |
|
|
vehicle |
50.00 |
|
|
31-23-51 |
Operating bike or motor vehicle |
|
|
wearing ear phones (first offense) |
50.00 |
|
|
31-24-5 |
Headlamp required on motorcycle |
50.00 |
|
31-24-31 |
Flashing lights - permit required |
50.00 |
|
31-24-34 |
Failure to dim lights |
50.00 |
|
31-24-45 |
Red flag required, load projecting |
|
|
four feet (4') rear |
50.00 |
|
|
31-25-3 |
Maximum width of one hundred and |
|
|
two inches (102") exceeded |
50.00 |
|
|
31-25-4 |
Maximum height of one hundred |
|
|
sixty-two inches (162") exceeded |
50.00 |
|
|
31-25-7 |
Load extending three feet (3') front, |
|
|
six feet (6') rear exceeded |
50.00 |
|
|
31-25-9 |
Leaking load |
50.00 |
|
31-25-11 |
Connections between coupled vehicles |
50.00 |
|
31-25-12 |
Towing chain, twelve inch (12") |
|
|
square flag required |
50.00 |
|
|
31-25-12.1 |
Tow truck - use of lanes (first |
|
|
offense) |
50.00 |
|
|
31-25-17 |
Identification of trucks and |
|
|
truck-tractors (first offense) |
50.00 |
|
|
31-27-6 |
Use of lanes, commercial vehicles |
50.00 |
|
31-27-16 |
Funeral processions |
50.00 |
|
31-28-7(4)(A) |
Wrongful use of handicapped |
|
|
parking placard |
100.00 |
|
|
Handicapped First offense |
75.00 |
|
|
parking space |
||
|
violation |
||
|
Second offense |
150.00 |
|
|
Third and subsequent offenses |
300.00 |
|
|
31-28-7.1(e) |
Wrongful use of institutional handi- |
|
|
capped parking placard |
100.00 |
|
|
31-33-2 |
Failure to file accident report |
50.00 |
|
31-36.1-17 |
No fuel tax stamp (out-of-state) |
50.00 |
|
31-38-4 |
Violation of inspection laws |
50.00 |
|
31-43-1(1) |
D.O.T. and D.E.M. violations |
50.00 |
|
31-45-1 |
Noise limits |
50.00 |
|
37-15-7 |
Littering |
50.00 |
|
39-12-26 |
Public carriers violation |
50.00 |
|
31-45-5 |
Audio Systems |
50.00 |
|
31-47.2-6 |
Heavy-duty vehicle emission inspections |
|
|
First offense |
100.00 |
|
|
Second offense |
500.00 |
|
|
Third and subsequent offenses |
1,000.00 |
SPEEDING
Fine
(A) One to fifteen miles per $50.00
hour (1-15 mph) in excess of posted speed limit
(B) Sixteen miles per hour (16 mph) 160.00
in excess of posted speed limit - minimum
with a fine of ten dollars ($10.00) per
mile in excess of speed limit shall be assessed.
(b) In addition to any other penalties provided by law, a judge may impose the following penalties for speeding:
(i) For speeds up to and including fifteen miles per hour (15 mph) over the posted speed limit on public highways, a fine as provided for in subsection (a) of this section for the first offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days.
(ii) For speeds in excess of fifteen miles per hour (15 mph) over the posted speed limit on public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) days.
(c) Any person charged with a violation who pays the fine administratively pursuant to section 31-41-3 shall not be subject to any additional costs or assessments, including but not limited to the hearing fee established in section 8-18-4 or assessment for substance abuse prevention.
SECTION 3. This act shall take effect upon passage.