Chapter 485

2007 -- S 0797 AS AMENDED

Enacted 07/07/07

 

A N A C T

MOTOR AND OTHER VEHICLES

     

     

     Introduced By: Senator William A. Walaska

     Date Introduced: March 01, 2007

    

It is enacted by the General Assembly as follows:

 

     SECTION 1. 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, listed in numerical order, correspond to the fines described. 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. This list is not exclusive and jurisdiction may be conferred on the

traffic tribunal with regard to other violations.

     VIOLATIONS SCHEDULE

     8-8.2-2 DOT, DEM, or other agency and department $75.00

      violations

     24-10-17 Soliciting rides in motor vehicles 40.00

     24-10-18 Backing up prohibited 75.00

     24-10-20 Park and ride lots 75.00

     31-3-12 Visibility of plates 75.00

     31-3-18 Display of plates 75.00

     31-3-32 Driving with expired registration 75.00

     31-3-34 Failure to notify division of change of address 75.00

     31-3-35 Notice of change of name 75.00

     31-3-40 Temporary plates - dealer issued 75.00

     31-4-3 Temporary registration - twenty (20) day bill of sale 75.00

     31-10-10 Rules as to armed forces license 75.00

     31-10-30 Driving on expired license 75.00

     31-10-32 Notice of change of address 75.00

     31-10.1-4 No motorcycle helmet (operator) 60.00

     31-10.1-5 Motorcycle handlebar violation 75.00

     31-10.1-6 No motorcycle helmet (passenger) 75.00

     31-10.1-7 Inspection of motorcycle required 75.00

     31-12-12 Local motor vehicle ordinance 75.00

     31-13-04 Obedience to devices 75.00

     31-13-6(3)(i) Eluding traffic light 75.00

     31-13-09 Flashing signals 75.00

     31-13-11 Injury to signs or devices 75.00

     31-14-1 Reasonable and prudent speed 85.00

     31-14-03 Condition requiring reduced speed 85.00

     31-14-09 Below minimum speed 85.00

     31-14-12 Speed limit on bridges and structures 85.00

     31-15-1 Leaving lane of travel 75.00

     31-15-2 Slow traffic to right 75.00

     31-15-3 Operator left of center 75.00

     31-15-4 Overtaking on left 75.00

     31-15-5(a) Overtaking on right 75.00

     31-15-6 Clearance for overtaking 75.00

     31-15-7 Places where overtaking prohibited 75.00

     31-15-8 No passing zone 75.00

     31-15-9 One way highways 75.00

     31-15-10 Rotary traffic islands 75.00

     31-15-11 Laned roadway violation 75.00

     31-15-12 Following too closely 75.00

     31-15-12.1 Entering intersection 75.00

     31-15-13 Crossing center section of divided highway 75.00

     31-15-14 Entering or leaving limited access roadways 75.00

     31-15-16 Use of emergency break-down lane for travel 75.00

     13-15-17 Crossing bicycle lane 75.00

     31-16-1 Care in starting from stop 75.00

     31-16-2 Manner of turning at intersection 75.00

     31-16-4 U turn where prohibited 75.00

     31-16-5 Turn signal required 75.00

     31-16-6 Time of signaling turn 75.00

     31-16-7 Failure to give stop signal 75.00

     31-16-8 Method of giving signals 75.00

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

      second and subsequent offense not

      to exceed 500.00

     31-17-1 Failure to yield right of way 75.00

     31-17-2 Vehicle turning left 75.00

     31-17-3 Yield right of way (intersection) 75.00

     31-17-4 Obedience to stop signs 75.00

     31-17-5 Entering from private road or driveway 75.00

     31-17-8 Vehicle within right of way, rotary 75.00

     31-17-9 Yielding to bicycles on bicycle lane 75.00

     31-18-3 Right of way in crosswalks 75.00

     31-18-5 Crossing other than at crosswalks 75.00

     31-18-8 Due care by drivers 75.00

     31-18-12 Hitchhiking 75.00

     31-18-18 Right of way on sidewalks 75.00

     31-19-3 Traffic laws applied to bicycles 75.00

     31-19-20 Sale of new bicycles 75.00

     31-19-21 Sale of used bicycles 75.00

     31-19.1-2 Operating motorized bicycle on an interstate 75.00

      highway

     31-19.2-2 Operating motorized tricycle on an interstate 75.00

      highway

     31-20-1 Failure to stop at railroad crossing 75.00

     31-20-2 Driving through railroad gate 75.00

     31-20-9 Obedience to stop sign 75.00

     31-21-4 Places where parking or stopping prohibited 75.00

     31-21-14 Opening of vehicle doors 45.00

     31-22-2 Improper backing up 75.00

     31-22-4 Overloading vehicle 75.00

     31-22-5 Violation of safety zone 75.00

     31-22-6 Coasting 75.00

     31-22-7 Following fire apparatus 75.00

     31-22-8 Crossing fire hose 75.00

     31-22-9 Throwing debris on highway - snow removal 75.00

     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 75.00

     31-22-22(a) Child restraint/seat belt but not in any rear 75.00

      seating position

     31-22-22(b), (f) No seat belt - passenger 75.00

     31-22-22(g) No seat belt - operator 75.00

     31-22-23 Tow trucks - proper identification 275.00

     31-22-24 Operation of interior lights 75.00

     31-23-1(d)(2) U.S. department of transportation motor carrier

      safety rules and regulations 125.00

     31-23-4 Brake equipment required 75.00

     31-23-8 Horn required 75.00

     31-23-10 Sirens prohibited 75.00

     31-23-13 Muffler required 75.00

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

      with an altered height 75.00

     31-23-14 Prevention of excessive fumes or smoke 75.00

     31-23-16 Windshield and window stickers (visibility) 75.00

     31-23-17 Windshield wipers 75.00

     31-23-19 Metal tires prohibited 75.00

     31-23-20 Protuberances on tires 75.00

     31-23-26 Fenders and wheel flaps required 75.00

     31-23-27 Rear wheel flaps on buses, trucks and trailers 75.00

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

      pounds (4,000 lbs.) 75.00

     31-23-40 Approved types of seat belt requirements 75.00

     31-23-42.1 Special mirror - school bus 75.00

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

      pounds (4,000 lbs.) 75.00

     31-23-45 Tire treads - defective tires 75.00

     31-23-47 Slow moving emblem required 75.00

     31-23-49 Transportation of gasoline - passenger vehicle 75.00

     31-23-51 Operating bike or motor vehicle wearing

      ear phones (first offense) 60.00

     31-24-1 Times when lights required 75.00

     through

     31-24-53 Safety lights required on food vending vehicles 75.00

     31-24-5 Headlamp required on motorcycle 75.00

     31-24-31 Flashing lights - permit required 75.00

     31-24-34 Failure to dim lights 75.00

     31-24-45 Red flag required, load projecting four feet 75.00

      (4') rear

     31-25-03 Maximum width of one hundred and two

      inches (102") exceeded 75.00

     31-25-04 Maximum height of one hundred

      sixty-two inches (162") exceeded 75.00

     31-25-06 Maximum number and length of coupled vehicles 500.00

     31-25-07 Load extending three feet (3') front, six feet 75.00

      (6') rear exceeded

     31-25-9 Leaking load 75.00

     31-25-11 Connections between coupled vehicles 75.00

     31-25-12 Towing chain, twelve inch (12") square flag 75.00

      required

     31-25-12.1 Tow truck - use of lanes (first offense) 50.00

     31-25-14(d)(1) Maximum weight and tandem axles 125.00

     31-25-14(d)(2) Maximum weight and tandem axles 125.00

     31-25-14(d)(3) Maximum weight and tandem axles 125.00

     31-25-16(c)(1) Maximum weight shown in registration 65.00

      per thousand

lbs. overweight

or portion

      thereof.

     31-25-16(c)(2) Maximum weight shown in registration 125.00

      per thousand

lbs. overweight

or portion

      thereof.

     31-25-16(c)(3) Maximum weight shown in registration 1,025.00

      plus $125.00

      per thousand

lbs. overweight

or portion

      thereof.

     31-25-17 Identification of trucks and truck-tractors 50.00

      (first offense)

     31-25-24 Carrying and inspection of excess load limit 175.00

     31-27-2.3 Refusal to take preliminary breath test 75.00

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

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

      First offense 100.00

      Second offense 175.00

      Third offense and subsequent offenses 325.00

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

      parking placard 125.00

     31-33-2 Failure to file accident report 45.00

     31-36.1-17 No fuel tax stamp (out-of-state) 75.00

     31-38-3 No inspection sticker 75.00

     31-38-4 Violation of inspection laws 75.00

     31-47.2-06 Heavy-duty vehicle emission inspections:

      First offense 125.00

      Second offense 525.00

      Third and subsequent offenses 1,025.00

     37-15-7 Littering 55.00

     39-12-26 Public carriers violation 75.00 300.00

     SPEEDING Fine

     (A) One to ten miles per hour (1-10 mph) in excess of

     posted speed limit $ 85.00

     (B) Eleven miles per hour (11 mph) in excess of posted

     speed limit with a fine of ten dollars ($10.00) per mile in excess 195.00

     of speed limit shall be assessed. minimum

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

penalties for speeding:

     (1) For speeds up to and including ten miles per hour (10 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 any subsequent offense if within twelve

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

     (2) For speeds in excess of ten miles per hour (10 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

chapter 8.2 of title 8 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 2. Sections 39-12-6, 39-12-20 and 39-12-26 of the General Laws in Chapter

39-12 entitled "Motor Carriers of Property" are hereby amended to read as follows:

 

     39-12-6. Requirement of certificate of public convenience and necessity for common

carriers -- Application. -- Except as otherwise provided in this chapter, no person shall engage

in the business of transporting property for compensation in intrastate commerce over the

publicly used highways as a common carrier, unless there shall be in force with respect to the

carrier a certificate of public convenience and necessity issued by the administrator authorizing

the operations. Every person proposing to operate as a common carrier shall file with the

administrator, in the form to be provided by him or her, an application for a certificate,

accompanied by a fee of one hundred dollars ($100) two hundred and fifty dollars ($250). All

revenues received under this section shall be deposited as general revenues. Each application for

a certificate shall be made in writing, shall be verified by oath or written declaration that it is

made under penalties of perjury and shall contain such information as the administrator may

require. The administrator shall, within a reasonable time, fix the time and place of hearing on

every application. Notice of the hearing shall be given by publication or by written notice mailed

by the administrator at least ten (10) days before the date fixed thereof to all common carriers,

including railroad companies, if any, serving any part of the route or territory proposed to be

served by the applicant, to each person filing with the administrator a written request for the

notice, and to any other person who may, in the opinion of the administrator, be interested in or

affected by the issuance of the certificate. The copy of the notice, including a list of the

applications to be heard, shall be publicly posted in the office of the administrator. Any person

having an interest in the matter shall have the right, in accordance with rules prescribed therefor

by the administrator, to make representations and to introduce evidence in favor of or in

opposition to the issuance of the certificate.

 

     39-12-20. Transfer of certificates or permits -- Joint control of common carriers. --

Any common carrier certificate or any contract carrier permit may be assigned and transferred, in

whole or in part, by the holder thereof, his or her assignee, receiver, trustee, or by the holder's

personal representative, or by the surviving partner or partners of the deceased partner to which

the rights and privileges under the certificate or permit shall pass at the death of the holder, upon

his or her application to the administrator. The transfer and assignment must receive the consent

and approval of the administrator, after public notice, in the manner provided in sections 39-12-6

and 39-12-9, and a public hearing, at which the proposed transferee shall have established to the

satisfaction of the administrator his or her willingness, fitness, and ability to perform or furnish

transportation for compensation under the certificate or permit. No certificate or permit may be

transferred in part, unless the rights are clearly severable; and no certificate or permit shall be

transferred, in whole or in part, except in connection with the bona fide sale to the transferee of

the business of the transferor. The application shall be accompanied by a fee of one hundred

dollars ($100) two hundred and fifty dollars ($250). All revenues received under this section shall

be deposited as general revenues. It shall be unlawful for any person to accomplish or effectuate

or to participate in accomplishing or effectuating the control or management in a common interest

of any two (2) or more common carriers, however such a result is attained, whether directly or

indirectly, by use of common directors, officers, or stockholders, or in any manner whatsoever.

As used in this section, the words "control and management" shall be construed to include the

power to exercise control and management. The holder of either a common carrier certificate or a

contract carrier permit shall not acquire the operating rights held by another person through a

transfer proceeding unless, both operating rights are merged simultaneously and not until the

application to transfer is approved by the administrator.

 

     39-12-26. Registration and identification of vehicles. -- Every interstate motor carrier

engaged in the transportation of property for compensation over the highways of this state,

subject to the provisions of this chapter, shall apply to the administrator for the issuance of a

vehicle identification device for the registration and identification of vehicles. The application

shall be accompanied by a filing fee in the amount of eight dollars ($8.00) for each identification

device for which an application is made. All intrastate carriers shall be assessed twenty dollars

($20.00) for each identification device for which an application is made. register and identify all

vehicles to be operated in the state in accordance with the provisions contained in and mandated

under the federal "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for

Users" (SAFETEA-LU) (Public Law 109-59, enacted August 10, 2005), the Unified Carrier

Registration Act of 2005 (Included within SAFETEA-LU), and the United Carrier Registration

Agreement (UCRA) (Sections 4302 through 4308 of SAFETEA-LU), and/or any related

successor federal law(s). All intrastate carriers not subject to the provisions of the foregoing

federal law, shall apply to the administrator for the issuance of a vehicle identification device for

the registration and identification of vehicles and shall be assessed twenty dollars ($20.00) for

each identification device for which an application is made. All revenues received shall be

deposited as general revenues. The identification device shall be furnished annually to every

carrier whose duty it shall be to apply for it. It shall be unlawful for any motor vehicle to be

engaged in transporting property for compensation in either intrastate or interstate commerce

without the owner of it having applied for and received the required identification device, unless

the vehicle is exempted from the provisions of this chapter. Each identification device shall be

accompanied by a registration card issued by the administrator which shall be in the possession of

the vehicle's driver, when the vehicle is operating. Transfers of the identification device from one

vehicle to another are hereby prohibited unless authorized by the administrator. The

administrator, in his or her discretion, may refuse to reissue the identification device to the holder

of any certificate, permit, or permit of registration, pending any complaint or hearing upon the

question of revocation or suspension or in which such question is involved. The administrator

shall prescribe reasonable rules and regulations governing the registration and identification of

motor vehicles authorized for operation under this chapter. Violations of this section are subject

to fines enumerated in section 31-41.1-4.

 

     SECTION 3. Section 39-13-4 of the General Laws in Chapter 39-13 entitled "Motor

Passenger Carriers" is hereby amended to read as follows:

 

     39-13-4. Application for certificate -- Fee -- Domicile of applicant. -- A certificate

shall be issued only after written application for a certificate, accompanied by a fee of one

hundred dollars ($100) two hundred and fifty dollars ($250), has been made by the owner of the

jitney; provided, however, that this fee shall not apply to any city or town, or any agency or

department of any city or town of the state, or any nonprofit jitney service utilized for the

transportation of senior citizens. All revenues received under this section shall be deposited as

general revenues. No certificate shall be issued to any person who is not a citizen resident within

this state, nor to any association, unless all members of the association are citizens resident within

this state, nor to any corporation, unless either all stockholders thereof are citizens resident within

this state or the corporation has been created by a special act of the general assembly, upon

petition for the same, the pendency of which petition shall be notified in such manner as the

general assembly may by general law or special act prescribe.

 

     SECTION 4. Sections 39-13-3 and 39-14-25 of the General Laws in Chapter 39-13

entitled "Motor Passenger Carriers" is hereby amended to read as follows:

 

     39-13-3. Certificate requirement for jitney operation. -- No person, association, or

corporation shall operate a jitney until the owner thereof shall have obtained a certificate from the

division specifying the route over which the jitney may operate, the number of passengers which

it may carry at any one time, the service to be furnished, and that public convenience and

necessity require operation over the route. Certificates issued under this chapter shall be renewed

before the close of business on December 31 of each calendar year. The renewal fee shall be one

hundred dollars ($100) two hundred and fifty dollars ($250) and shall be submitted with the

renewal form. All revenues received under this section shall be deposited as general revenues;

provided, however, that this fee shall not apply to any city or town, or any agency or department

of any city or town of the state, or any nonprofit jitney service utilized for the transportation of

senior citizens.

 

     39-14-25. Transfer of certificate. -- No certificate shall be sold or transferred until the

administrator, upon written application setting forth the purposes, terms, and conditions of the

sale or transfer, shall, after a hearing, approve the application. The application shall be

accompanied by a fee of one hundred dollars ($100) two hundred and fifty dollars ($250). All

revenues received under this section shall be deposited as general revenues. A proposed transfer

of a certificate shall be approved only if the administrator finds the transferee to be fit, willing,

and able, financially and otherwise, to render the service described and authorized in the

certificate; further, the administrator shall only reissue and transfer a certificate upon evidence

that the transferor of the certificate has, during the six (6) month period immediately prior to

receipt of the transfer application, or during the six (6) month period immediately preceding the

filing of a petition for bankruptcy, whether voluntary or involuntary, or the institution of a

petition for receivership, wherein the certificates are assets of the bankruptcy or receivership,

been rendering the service authorized by the certificate.

 

     SECTION 5. This act shall take effect upon passage.

     

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LC02414

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