ARTICLE 12 SUBSTITUTE A AS AMENDED

 

RELATING TO MOTOR VEHICLE OFFENSES

 

SECTION 1. Sections 8-18-4 and 8-18-6 of the General Laws in Chapter 8-18 entitled "State and Municipal Court Compact" are hereby amended to read as follows:

 

8-18-4. Adjudication of summonses by municipal courts. -- (a) All summonses to be adjudicated by a municipal court shall be forwarded to the municipal court.

 (b) Summonses to be adjudicated by a municipal court shall be adjudicated by a judge of the municipal court pursuant to section 31-41.1-6 and the rules established by the chief judge magistrate.  Municipal courts shall have jurisdiction over matters brought pursuant to section 31-41.1-7.

 (c) If a motorist fails to appear to answer a summons before a municipal court, the municipal court may proceed pursuant to section 31-41.1-5 to enter a default judgment and determine whether the charges have been established. Where a determination is made that a charge has been established, an appropriate order shall be entered and the motorist's license and registration privileges may be ordered by the municipal court to be suspended by the division of motor vehicles as provided by law.

 (d) All summonses which have been adjudicated by the municipal court and entered into the data electronic system shall be returned to the traffic tribunal for storage as required by section 8-14-1.

 (e) All municipal courts shall be courts of record, shall tape record all sessions, maintain dockets, and adjudicate all violations on the summonses and shall be responsible for data entry into an electronic data processing system of all citations heard and decided by said municipal courts pursuant to procedures and rules promulgated by the chief judge of the district court magistrate of the Rhode Island traffic tribunal.

 (f) Municipal court judges may, in their discretion, order driver retraining courses in appropriate cases.

 (g) [Deleted by P.L. 1999, ch. 218, art. 5, section 1.]

 (h) A twenty five dollar ($25.00) thirty-five dollar ($35.00) hearing fee shall be assessed by both municipal courts and the traffic tribunal against each person pleading guilty to or found guilty of a traffic offense or violation, as provided in the general laws. In no case shall any municipal court exercising jurisdiction pursuant to this chapter impose or assess any fees or costs except as expressly authorized by state law.

 (i) If a payment for any fine assessed in the municipal court for any violation is attempted with a check written against insufficient funds, then an additional penalty not to exceed twenty-five dollars ($25.00) may be added to the amount due.

 

8-18-6. Joint violation fines -- Distribution of funds. -- Cities or towns with municipal courts shall dedicate four dollars ($4.00) for reimbursement from each summons to the general fund. Cities or towns without a municipal court shall dedicate six dollars ($6.00) for reimbursement from each summons to the general fund. State agencies shall dedicate twenty-two dollars ($22.00) from each summons to the general fund. Provided that cities, towns and state agencies shall also dedicate all revenues generated directly as a result of fee increases effective July 1, 2002 and July 1, 2008 to the general fund.

 

SECTION 2. Sections 31-41.1-4 and 31-41.1-7 of the General Laws in Chapter 31-41.1 entitled "Adjudication of Traffic Offenses" are 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

                                   violations                                                                       $75.00  85.00

24-10-17                     Soliciting rides in motor vehicles                                        40.00  85.00

24-10-18                     Backing up prohibited                                                       75.00  85.00

24-10-20                     Park and ride lots                                                            75.00   85.00

24-12-37                     Nonpayment of toll                                                          100.00

31-3-12                       Visibility of plates                                                            75.00   85.00

31-3-18                       Display of plates                                                             75.00   85.00

31-3-32                       Driving with expired registration                                       75.00   85.00

31-3-34                       Failure to notify division of

                                  change of address                                                           75.00  85.00

31-3-35                       Notice of change of name                                                75.00  85.00

31-3-40                       Temporary plates - dealer issued                                      75.00  85.00

31-4-3                         Temporary registration - twenty

                                  (20) day bill of sale                                                          75.00   85.00

31-10-10                     Rules as to armed forces license                                      75.00   85.00 

31-10-30                     Driving on expired license                                                75.00   85.00

31-10-32                     Notice of change of address                                             75.00   85.00

31-10.1-4                    No motorcycle helmet (operator)                                      60.00   85.00

31-10.1-5                    Motorcycle handlebar violation                                         75.00   85.00

31-10.1-6                    No motorcycle helmet (passenger)                                   75.00   85.00

31-10.1-7                    Inspection of motorcycle required                                     75.00   85.00

31-12-12                     Local motor vehicle ordinance                                          75.00   85.00

31-13-04                     Obedience to devices                                                       75.00   85.00

31-13-6(3)(i)               Eluding traffic light                                                           75.00   85.00

31-13-09                     Flashing signals                                                               75.00   85.00

31-13-11                     Injury to signs or devices                                                  75.00   85.00

31-14-1                       Reasonable and prudent speed                                         85.00   95.00

31-14-03                     Condition requiring reduced speed                                    85.00   95.00

31-14-09                     Below minimum speed                                                     85.00   95.00

31-14-12                     Speed limit on bridges and structures                                85.00   95.00

31-15-1                       Leaving lane of travel                                                      75.00   85.00

31-15-2                       Slow traffic to right                                               `         75.00   85.00

31-15-3                      Operator left of center                                                      75.00   85.00

31-15-4                      Overtaking on left                                                            75.00   85.00

31-15-5(a)                  Overtaking on right                                                          75.00   85.00

31-15-6                      Clearance for overtaking                                                  75.00   85.00

31-15-7                      Places where overtaking prohibited                                   75.00   85.00

31-15-8                      No passing zone                                                               75.00   85.00

31-15-9                      One way highways                                                           75.00   85.00

31-15-10                    Rotary traffic islands                                                        75.00   85.00

31-15-11                    Laned roadway violation                                                   75.00   85.00

31-15-12                    Following too closely                                                         75.00   85.00

31-15-12.1                 Entering intersection                                                         75.00   85.00

31-15-13                    Crossing center section of divided

                                 highway                                                                           75.00   85.00

31-15-14                   Entering or leaving limited access

                                roadways                                                                          75.00   85.00

31-15-16                   Use of emergency break-down lane

                                for travel                                                                           75.00   85.00

13-15-17                   Crossing bicycle lane                                                         75.00   85.00

31-16-1                     Care in starting from stop                                                  75.00   85.00

31-16-2                     Manner of turning at intersection                                        75.00   85.00

31-16-4                     U turn where prohibited                                                     75.00   85.00

31-16-5                     Turn signal required                                                           75.00   85.00

31-16-6                     Time of signaling turn                                                        75.00   85.00

31-16-7                     Failure to give stop signal                                                   75.00   85.00

31-16-8                     Method of giving signals                                                    75.00   85.00

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   85.00

31-17-2                     Vehicle turning left                                                            75.00   85.00

31-17-3                     Yield right of way (intersection)                                         75.00   85.00

31-17-4                     Obedience to stop signs                                                     75.00   85.00

31-17-5                     Entering from private road or

                                driveway                                                                           75.00   85.00

31-17-8                     Vehicle within right of way, rotary                                      75.00   85.00

31-17-9                     Yielding to bicycles on bicycle lane                                     75.00   85.00

31-18-3                     Right of way in crosswalks                                                75.00   85.00

                                                                                                                         first violation

                                                                                                                         $100.00 sec-

                                                                                                                         ond violation

                                                                                                                        or any subse-

                                                                                                                        quent viola-

                                                                                                                        tion

31-18-5                     Crossing other than at crosswalks                                      75.00   85.00

31-18-8                     Due care by drivers                                                           75.00   85.00

31-18-12                   Hitchhiking                                                                        75.00   85.00

31-18-18                   Right of way on sidewalks                                                 75.00   85.00

31-19-3                     Traffic laws applied to bicycles                                          75.00   85.00

31-19-20                    Sale of new bicycles                                                         75.00   85.00

31-19-21                    Sale of used bicycles                                                        75.00   85.00

31-19.1-2                   Operating motorized bicycle on an

                                  interstate highway                                                           75.00   85.00

31-19.2-2                   Operating motorized tricycle on an

                                  interstate highway                                                           75.00   85.00

31-20-1                      Failure to stop at railroad crossing                                     75.00   85.00

31-20-2                      Driving through railroad gate                                             75.00   85.00

31-20-9                      Obedience to stop sign                                                      75.00   85.00

31-21-4                      Places where parking or stopping

                                  prohibited                                                                        75.00   85.00

31-21-14                    Opening of vehicle doors                                                   45.00   85.00

31-22-2                      Improper backing up                                                         75.00   85.00

31-22-4                      Overloading vehicle                                                          75.00   85.00

31-22-5                      Violation of safety zone                                                    75.00   85.00

31-22-6                      Coasting                                                                          75.00   85.00

31-22-7                      Following fire apparatus                                                    75.00   85.00

31-22-8                      Crossing fire hose                                                            75.00   85.00

31-22-9                      Throwing debris on highway –

                                  snow removal                                                                  75.00  85.00

31-22-11.5                  Improper use of school bus –

                                                                                                                         not to ex-

                                                                                                                         ceed five

                                                                                                                         hund-

                                                                                                                         red dollars

                                                                                                                         ($500)

                                                                                                                         for each day

                                                                                                                         of

                                                                                                                         improper use

31-22-22(a)                    No child restraint                                                          75.00   85.00

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

                                      any rear seating position                                               75.00  85.00

31-22-22(b), (f)              No seat belt – passenger                                               75.00  85.00            

31-22-22(g)                    No seat belt - operator                                                  75.00  85.00

31-22-23                        Tow trucks - proper identification                                  275.00

31-22-24                        Operation of interior lights                                             75.00  85.00

31-23-1(b)(2)                 U.S. department of transportation

                                     motor carrier safety

                                     rules and regulations                                                     Not less than

                                                                                                                        $25.00  85.00

                                                                                                                        or more than

                                                                                                                        $500.00

31-23-1(e)(6)                Removal of an "out of service vehi-

                                    cle" sticker                                                                    125.00

31-23-1(e)(7)                Operation of an "out of service ve-

                                    hicle"                                                                            100.00

31-23-4                        Brake equipment required                                               75.00  85.00

31-23-8                        Horn required                                                                75.00  85.00

31-23-10                      Sirens prohibited                                                             75.00  85.00

31-23-13                      Muffler required                                                             75.00  85.00

31-23-13.1                   Altering height or operating a mo-

                                   tor vehicle with an

                                   altered height                                                                 75.00  85.00

31-23-14                      Prevention of excessive fumes or

                                    smoke                                                                           75.00  85.00

31-23-16                      Windshield and window stickers

                                   (visibility)                                                                       75.00  85.00

31-23-17                      Windshield wipers                                                          75.00  85.00

31-23-19                      Metal tires prohibited                                                      75.00  85.00

31-23-20                      Protuberances on tires                                                    75.00  85.00

31-23-26                      Fenders and wheel flaps required                                    75.00  85.00

31-23-27                      Rear wheel flaps on buses, trucks

                                   and trailers                                                                    75.00  85.00

31-23-29                      Flares or red flag required over

                                   four thousand pounds (4,000 lbs.)                                     75.00  85.00

31-23-40                      Approved types of seat belt re-

                                   quirements                                                                     75.00  85.00

31-23-42.1                   Special mirror - school bus                                              75.00  85.00

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

                                   four thousand pounds (4,000 lbs.)                                     75.00  85.00

31-23-45                      Tire treads - defective tires                                             75.00  85.00

31-23-47                      Slow moving emblem required                                         75.00  85.00

31-23-49                     Transportation of gasoline – pas-

                                  senger vehicle                                                                 75.00  85.00

31-23-51                     Operating bike or motor vehicle

                                  wearing ear phones                                                         60.00 85.00 (first

                                                                                                                           offense)

                                                                                                                        70.00 95.00 second

                                                                                                                         offense

                                                                                                                        140.00 for the

                                                                                                                         third and

                                                                                                                         each subse-

                                                                                                                         quent offense

31-24-1                       Times when lights required                                              75.00  85.00

through

31-24-54

31-25-03                     Maximum width of one hundred

                                  and two inches (102") exceeded                                       75.00  85.00

31-25-04                     Maximum height of one hundred

                                  sixty-two inches (162") exceeded                                     75.00  85.00

31-25-06                     Maximum number and length of

                                  coupled vehicles                                                              500.00

31-25-07                     Load extending three feet (3')

                                  front, six feet (6') rear exceeded                                       75.00  85.00

31-25-9                       Leaking load                                                                   75.00  85.00

31-25-11                     Connections between coupled vehi-

                                  cles                                                                                75.00  85.00

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

                                 square flag required                                                          75.00  85.00

31-25-12.1                 Tow truck - use of lanes (first

                                 offense)                                                                           50.00  85.00

                                 second offense                                                                 75.00  95.00

                                                                                                                        100.00 for the

                                                                                                                         third and

                                                                                                                         each subse-

                                                                                                                         quent offense

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

                                les                                                                                    125.00 

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

                                les                                                                                    125.00 

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

                                les                                                                                    125.00 

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

                                tration                                                                               65.00 85.00 per 

                                                                                                                        thousand lbs.

                                                                                                                        overweight or

                                                                                                                        portion

                                                                                                                        thereof.

31-25-16(c)(3)         Maximum weight shown in Regis-

                               tration                                                                                125.00 per 

                                                                                                                        thousand lbs.

                                                                                                                        overweight or

                                                                                                                        portion thereof.

31-25-16(c)(4)         Maximum weight shown in Regis-

                               tration                                                                                1,025.00  plus

                                                                                                                        $125.00 per

                                                                                                                        thousand

                                                                                                                        pounds

                                                                                                                        overweight or

                                                                                                                        portion thereof.

31-25-17                 Identification of trucks and truck-

                              tractors (first offense)                                                          50.00  85.00

                             (second offense)                                                                  75.00  95.00

                                                                                                                        125.00 for the

                                                                                                                        third and

                                                                                                                        subsequent

                                                                                                                        offenses

31-25-24               Carrying and inspection of excess

                             load limit                                                                              175.00

31-27-2.3              Refusal to take preliminary breath

                             test                                                                                      75.00   85.00

31-28-7(d)            Wrongful use of handicapped

                            parking placard                                                                      500.00

31-28-7(f)             Handicapped parking space viola-

                            tion:

                            First offense                                                                          100.00

                            Second offense                                                                     175.00

                            Third offense and subsequent of-

                            fenses                                                                                   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   85.00

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

                                                                                                                        75.00  85.00 and not

                                                                                                                        exceeding

                                                                                                                        ($100) for

                                                                                                                        subsequent

                                                                                                                        offense

31-38-3                No inspection sticker                                                              75.00  85.00

31-38-4                Violation of inspection laws                                                     75.00  85.00

31-47.2-06            Heavy-duty vehicle emission in-

                            spections:

                            First offense                                                                          125.00

                            Second offense                                                                     525.00

                            Third and subsequent offenses                                               1,025.00

37-15-7                 Littering                                                                                not less than

                                                                                                                        55.00

                                                                                                                        not more

                                                                                                                        than five

                                                                                                                        hundred dol-

                                                                                                                        lars ($500)

39-12-26              Public carriers violation                                                           300.00

 

 

SPEEDING                                                                                Fine

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

in excess of posted speed limit                                                                          $ 85.00   $95.00

(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  205.00

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.

(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.

 

31-41.1-7. Application for dismissal based on good driving record. -- (a) Any person who has had a motor vehicle operator's license for more than three (3) years, and who has been issued traffic violations which are his or her first violations within the preceding three (3) years, may request a hearing seeking a dismissal of the violations based upon the operator's good driving record.

 (b) Upon submission of proper proof that the operator has not been issued any other traffic violation within the past three (3) years, the charge shall, except for good cause shown or as otherwise provided by law, be dismissed based upon a good driving record; provided, that the operator pay a twenty-five dollar ($25.00) thirty-five dollar ($35.00) administrative fee for court costs associated with the dismissal.

 (c) The traffic tribunal may not dismiss a charge pursuant to this section after six (6) months from the date of disposition. For purposes of this section, a parking ticket shall not constitute a prior violation.

 (d) The following violations shall not be dismissed pursuant to this statute:

 (1) Any violation within the original jurisdiction of superior or district court;

 (2) A refusal to submit to a chemical test of breath, blood or urine pursuant to section 31-27-2.1;

 (3) Any violation involving a school bus;

 (4) Any violation involving an accident where there has been property damage or personal injury;

 (5) Any speeding violation in excess of fourteen miles per hour (14 m.p.h.) above the posted speed limit;

 (6) Any violation involving child restraints in motor vehicles pursuant to section 31-22-22;

 (7) Any violation committed by a holder of a commercial license as defined in section 31-10.3-3 or any violation committed in a commercial motor vehicle as defined in section 31-10.3-3 by an operator who does not hold a commercial license.

 (e) If the charge is dismissed pursuant to this section, records of the dismissal shall be maintained for a period of three (3) years.

 (f) The judge or magistrate shall have the discretion to waive court costs and fees when dismissing a violation pursuant to this section, with the exception of the mandatory twenty-five dollars ($25.00) thirty-five dollars ($35.00) administrative fee provided for in section 31-41.1-7(b).

 

SECTION 3. Section 8-8.2-2 of the General Laws in Chapter 8-8.2 entitled "Traffic tribunal" is hereby amended to read as follows:

 

8-8.2-2. Jurisdiction. -- (a) Notwithstanding any inconsistent provision of law, all probationary license hearings as provided in section 31-10-26, all violations of the department of transportation, department of environmental management or board of governors for higher education regulations regarding parking, standing, or stopping in areas under the jurisdiction of said agencies, all violations of state statutes relating to motor vehicles, littering and traffic offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the United States, and except driving so as to endanger resulting in death, driving so as to endanger resulting in personal injury, driving while under the influence of liquor or drugs, driving while under the influence of liquor or drugs resulting in death, driving while under the influence of liquor or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety as provided in section 31-27-4, eluding a law enforcement officer with a motor vehicle in a high speed pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an accident in violation of section 31-26-1 and section 31-26-2, and driving without the consent of the owner and possession of a stolen motor vehicle in violation of section 31-9-1 and section 31-9-2, shall be heard and determined by the traffic tribunal pursuant to the regulations promulgated by the chief magistrate of the traffic tribunal; provided, however, the traffic tribunal shall not hear any parking, standing or stopping violations which occur in any city or town which has established its own municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate the powers of the Rhode Island family court under the provisions of chapter 1 of title 14.

 (b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief magistrate of the traffic tribunal, all violations of any ordinances, rules and regulations governing the public waters and the speed, management and control of all vessels and the size, type and location and use of all anchorages and moorings within the jurisdiction of the towns of North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms "traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid violations and such violations shall be adjudicated in accordance with the provisions of this chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal management council under the provisions of chapter 23 of title 46.

 (c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief judge of the district court magistrate of the Rhode Island traffic tribunal, all civil violations for sections 20-1-12, 20-11-20, 20-16-17, 23-22.5-9, 32-2-4 and subsection 46-22-19(1) as set forth in section 42-17.10-1.

(d) Violations of any statute, rule, ordinance or regulation referenced in this section are subject to fines enumerated in section 31-41.1-4.

 

SECTION 4. Sections 24-10-17, 24-10-18, and 24-10-20 of the General Laws in Chapter 24-10 entitled "Freeways" are hereby amended to read as follows:

 

24-10-17. Soliciting rides in motor vehicles. -- (a) Any person who endeavors by words, gestures, or otherwise to beg, invite, or secure transportation in any motor vehicle on any freeway within the state, except in the case of a bona fide emergency or in the case of sickness, shall be guilty of a misdemeanor. Violations of this section are subject to fines enumerated in section 31-41.1-4.  and shall be punished by a fine of not more than forty dollars ($40.00).

 (b) Any person who endeavors to solicit a ride in a motor vehicle in the manner described in this section on the traveled portion of any other public highway in this state shall be guilty of a misdemeanor. Violations of this section are subject to fines enumerated in section 31-41.1-4. and shall be punished by a fine of not more than forty dollars ($40.00).

 

24-10-18. Backing up prohibited. -- Any person who backs up a motor vehicle on a roadway or shoulder of any freeway within the state, shall be guilty of a misdemeanor. Violations of this section are subject to fines enumerated in section 31-41.1-4.  and shall be punished by a fine of not more than seventy-five dollars ($75.00).

 

24-10-20. Park and ride lots. -- Park and ride lots, also known as fringe and transportation corridor parking facilities, are facilities which are intended to be used for the temporary parking of passenger vehicles and which are located and designed so as to facilitate the safe and convenient transfer of persons traveling in passenger vehicles to and from high occupancy vehicles and/or public mass transportation systems including rail. Any other vehicle parked and/or property, including but not limited to, boats or commercial type trailer boxes, stored at those lots will be fined and towed at owner's expense. State and local law enforcement officials have authority to ticket and tow any vehicles under this statute. Violations of this section are subject to fines enumerated in section 31-41.1-4. and the fines shall be seventy-five dollars ($75.00) per occurrence.

 

SECTION 5. Section 31-3-18 of the General Laws in Chapter 31-3 entitled "Registration of Vehicles" is hereby amended to read as follows:

 

31-3-18. Display of plates -- Penalties. -- (a) Registration plates issued for a motor vehicle other than a motorcycle, trailer, transporter vehicle, in-transit vehicle, or a bailee engaged in a business as defined in section 31-1-17(a), or other than a motor vehicle owned by a duly authorized dealer in motor vehicles and which is used in the dealer's business shall be attached thereto one in the front and the other in the rear. The registration plate issued for a motorcycle, trailer, bailee, or a dealer's motor vehicle as defined in this subsection shall be attached to the rear of the vehicle.

 (b) Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging at a height of not less than twelve inches (12") from the ground, measuring from the bottom of the plate; in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.

 (c) Penalties. - Any person who shall violate the provisions of this section shall be guilty of a violation and subject to a fine of not more than seventy-five dollars ($75.00) as enumerated in section 31-41.1-4.

 (d) All vehicles registered as passenger, commercial, trailer, motorcycle, suburban, farm, combination, taxi, radio operator, camper, public, racer tow, jitney, and antique must have displayed on them the registration plate(s) commonly known as the general issuance "wave plate". This subsection does not apply to those registrants in possession of an alternative design plate as described in section 31-3-60 or any other specially authorized plate described in this chapter.

 

SECTION 6. Section 31-10.1-4 of the General Laws in Chapter 31-10.1 entitled "Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to read as follows:

 

31-10.1-4. Required equipment. -- Operators of motorcycles, motor scooters, and motor-driven cycles shall use eye protection of a type approved by the administrator of the division of motor vehicles when operating their vehicles on streets and highways. Every motorcycle, motor scooter, and motor-driven cycle shall be equipped with a rear view mirror. Any operator under the age of twenty-one (21) shall wear a helmet of a type approved by the administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, for a period of one year from the date of issuance of the first license pursuant to section 31-10.1-1, to wear a helmet of a type approved by said administrator. Any person deemed in violation of this provision shall be fined sixty dollars ($60.00) subject to the fines enumerated in section 31-41.1-4, which shall be paid in accordance with the provisions of chapter 41.1 of this title. The administrator of the division of motor vehicles is authorized to set forth rules and regulations governing the use of other equipment on those vehicles. All fines collected under this section shall be deposited in a general restricted receipt account for the use of the Rhode Island governor's office on highway safety in order to promote educational and informational programs encouraging helmet use.

 

SECTION 7. Section 31-17-9 of the General Laws in Chapter 31-17 entitled "Right-of-Way" is hereby amended to read as follows:

 

31-17-9. Yielding to riders on bicycle lane. -- (a) The driver of a vehicle about to cross or to turn left or right across a bicycle lane shall yield the right-of-way to any person operating a bicycle or motorized wheelchair upon the bicycle lane.

 (b) Any driver of a vehicle convicted of violating the provisions of this section shall be sentenced to pay a fine of not more than seventy-five dollars ($75.00) subject to the fines enumerated in section 31-41.1-4.

 

SECTION 8. Section 31-21-14 of the General Laws in Chapter 31-21 entitled "Stopping, Standing, and Parking Restrictions" is hereby amended to read as follows:

 

31-21-14. Opening vehicle doors. -- No person shall open the door of a motor vehicle on the roadways, streets, or highways of this state, available to moving traffic, unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, including pedestrians and bicycles on sidewalks, shoulders, or bicycle lanes. No person shall leave a door open on the side of a vehicle available to moving traffic, including pedestrians and bicycles on sidewalks, shoulders or bicycle lanes, for a period of time longer than necessary to load or unload passengers. Any person violating the provisions of this section shall be fined forty-five dollars ($45.00) as provided in section 31-41.1-4.

 

SECTION 9. Sections 31-22-22 and 31-22-23 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" are hereby amended to read as follows:

 

31-22-22. Safety belt use -- Child restraint. -- (a) (1) Any person transporting a child under the age of seven (7), less than fifty-four (54) inches in height and less than eighty (80) pounds in a motor vehicle operated on the roadways, streets, or highways of this state, shall transport the child in any rear seating position of the motor vehicle properly restrained in a child restraint system approved by the United States Department of Transportation under Federal Standard 213. If the child is under seven (7) years old but at least fifty-four (54) inches in height, or at least eighty (80) pounds the child shall be properly wearing a safety belt and/or shoulder harness approved by the Department of Transportation pursuant to Federal Standard 208 in any rear seating position of the motor vehicle. For the purpose of this section, applying to all parts of this section, "rear seating position" means any seating positions located behind the driver and front seat passenger. Under this subsection, a child must be properly restrained in the front seat if:

 (i) The vehicle is not equipped with a back seat; or

 (ii) All rear seating positions are being utilized by other children.

 (2) In no event shall failure to wear a child restraint system or safety belt be considered as contributory or comparative negligence, nor the failure to wear the child restraint system, seat belt and/or shoulder harness be admissible as evidence in the trial of any civil action.

 (b) (1) Any operator of a motor vehicle transporting a child who has attained the age of seven (7) years but is under eighteen (18) years of age in any seating position within a motor vehicle operated on the roadways, streets, or highways of the state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by Federal Standard 208.

 (2) Any operator of a motor vehicle under eighteen (18) years old shall properly wear a safety belt and/or shoulder harness system.

 (3) This subsection applies only to those motor vehicles required by federal law to have safety belts.

 (c) (1) Any person deemed in violation of subsection (a) of this section shall be issued a citation. If the cited person presents proof of purchase of a federally approved child restraint system under Standard 213 to the issuing police department within seven (7) days of issuance, the department shall void the violation. If the individual fails to present proof of purchase, he or she shall be required to appear for a hearing before the traffic tribunal, and shall be fined seventy-five dollars ($75) as provided in section 31-41.1-4 for each offense, and it shall not be recorded on the person's driving record within the rules and regulations governing chapter 41.1 of this title.

 (2) Any person violating subsection (b) of this section shall be fined seventy-five dollars ($75.00) as provided in section 31-41.1-4 for each offense. The conviction shall not be recorded on that person's driving record within the rules and regulations governing chapter 41.1 of this title.

 (d) Notwithstanding the provisions of subsection (a) of this section, any person transporting a child properly restrained in a federally approved child restraint system under Federal Standard 213, but transporting the child in a place other than a rear seating position, in violation of subsection (a) of this section, shall be subject only to the fine contained in subdivision (c)(2) of this section.

 (e) All fines collected for violations of this section shall be payable to the state of Rhode Island. Fifty percent (50%) of the proceeds shall be shared with the municipality whose law enforcement department issued the citation for the violations.

 (f) (1) Any operator of a motor vehicle transporting a person eighteen (18) years of age and older in any seating position of a motor vehicle operated on the roadways, streets or highways of this state shall ensure that the person be properly wearing a safety belt and/or shoulder harness system, as defined by Federal Motor Vehicle Safety Standard 208.

 (2) The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.

 (g) (1) Any person who is an operator of a motor vehicle shall be properly wearing a safety belt and/or shoulder harness system as defined by Federal Motor Vehicle Safety Standard 208 while the vehicle is in operation on any of the roadways, streets, or highways of this state.

 (2) The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.

 (h) In no event shall failure to be properly restrained by a child restraint system or safety belt be considered as negligence, nor the failure to be properly restrained by the child restraint system or safety belt be admissible as evidence in the trial of any civil action.

 (i) The provisions of subsections (b), (f) and (g) of this section shall not apply to a driver or passenger of:

 (1) A passenger motor vehicle manufactured before July 1, 1966;

 (2) A passenger motor vehicle in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons. The verification time period shall not exceed twelve (12) months at which time a new verification may be issued;

 (3) A passenger motor vehicle which is not required to be equipped with a safety seat belt system under federal laws; or (4) A passenger motor vehicle operated by a letter carrier of the United States Postal Service while performing the duties of a letter carrier.

 (j) A program of public information and education designed to educate the motoring public to the benefits of wearing safety belt systems, shall be developed by the department of transportation's governor's office on highway safety. The department of transportation's office on highway safety, in cooperation with the department of health, shall study the effectiveness of the implementation of this section and shall submit to the general assembly a report containing its findings by July 1, 1999.

 (k) Violations of subsections (f) and (g) of this section shall be considered secondary offenses and no motor vehicle may be stopped by any state or municipal law enforcement agency for failure of an operator or passenger to wear a safety belt system or for any violation of subsections (f) or (g) of this section; provided, that a motor vehicle may be stopped for failure to comply with the child restraint system as described in subsections (a) and (b) of this section.

 (l) Any person violating subsection (f) or (g) of this section shall be fined seventy-five dollars ($75.00) as provided in section 31-41.1-4. Any conviction for violating subsection (f) or (g) of this section shall not be recorded on that person's driving record within the rules and regulations governing chapter 41.1 of this title.

 

31-22-23. Tow trucks -- Identification required. -- (a) Every motor vehicle used for the purpose of towing or assisting disabled motor vehicles shall display, in sharp color contrast to the background, and be of such size, shape, and color as to be readily legible during daylight hours, from a distance of fifty feet (50') while the vehicle is not in motion; the name, address, and telephone number of the registered owner shall be displayed on both sides of the vehicle.

 (b) Any person violating this section shall be fined two hundred and seventy-five dollars ($275)  as provided in section 31-41.1-4.

 (c) Any vehicle, except those vehicles exempt from regulation pursuant to the provisions of section 39-12-3, which are used for the purpose of towing or assisting disabled motor vehicles, which does not have a towing certificate issued by the division of public utilities must have the words "Limited Towing" lettered upon the hood or fenders of the vehicle. The letters must be four inches (4") high in a color which contrasts with the vehicle color and must be on both sides of the hood or both sides of the front fender.

 (d) Any person who shall violate this provision shall be fined not more than one hundred dollars ($100) upon conviction for a first offense, not more than two hundred and fifty dollars ($250) upon conviction for a second offense, and for each subsequent conviction may be fined not more than five hundred dollars ($500).

 

SECTION 10. Sections 31-23-1, 31-23-49 and 31-23-51 of the General Laws in Chapter 31-23 entitled "Equipment and Accessories Generally" are hereby amended to read as follows:

 

31-23-1. Driving of unsafe vehicle -- Disobedience of requirements -- Inspections of motor carriers -- Fines. -- (a) It is a civil violation for any person to drive or move, or for the owner, employer or employee to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such an unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with lamps and other equipment in proper condition and adjustment as required in this chapter or chapter 24 of this title, or for any person to do any act forbidden or fail to perform any act required under these chapters.

 (b) (1) For the purpose of reducing the number and severity of accidents, all commercial motor vehicles must meet applicable standards set forth in this chapter and chapter 24 of this title and in the federal motor carrier safety regulations (FMCSR) contained in 49 CFR Parts 387 and 390-399, and the Hazardous Materials Regulations in 49 CFR Parts 107 (subparts F and G only), 171-173, 177, 178 and 180, as amended except as may be determined by the administrator to be inapplicable to a state enforcement program, as amended and adopted by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration, as may be amended from time to time. Part 391.11(b)(1) of FMCSR, 49 CFR 391.11(b)(1) shall not apply to intrastate drivers of commercial motor vehicles except for drivers of school buses and vehicles placarded under 49 CFR Part 172, Subpart F. Rules and Regulations shall be promulgated by the director of the department of administration for the administration and enforcement of motor carrier safety. The rules and regulations shall be promulgated to ensure uniformity in motor carrier safety enforcement activities and to increase the likelihood that safety defects, driver deficiencies, and unsafe carrier practices will be detected and corrected.

 (2) Any carrier convicted of violating the rules and regulations established pursuant to this subsection shall be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500) as provided in section 31-41.1-4 for each offense.

 (c) For the purposes of this section, "carrier" is defined as any company or person who furthers their commercial or private enterprise by use of a vehicle that has a gross vehicle weight rating (GVWR) of ten thousand and one (10,001) or more pounds, or that transports hazardous material.

 (d) Authorized examiners, investigators, officers, or regulatory inspectors from the department of administration with proper identification issued by the director of the department of administration, the state police, and local law enforcement officials with proper identification certifying they are qualified motor carrier enforcement personnel trained according to subsection (f) of this section, shall have a right of entry and authority to examine all equipment of motor carriers and lessors and enter upon and perform inspections of motor carrier vehicles in operation. They shall have authority to inspect, examine, and copy all accounts, books, records, memoranda, correspondence and other documents of the motor carriers and or lessors and the documents, accounts, books, records, correspondence, and memoranda of any person controlling, controlled by, or under common control of any carrier which relate to the enforcement of this chapter.

 (e) (1) Authorized examiners, investigators, officers, or regulatory inspectors from the state police, local law enforcement officials or the department of administration shall declare "out of service" any motor vehicle which, by reason of its mechanical condition or loading, is so imminently hazardous to operate as to be likely to cause an accident or a breakdown. An "out of service vehicle" sticker shall be used to mark vehicles out of service. The "out of service vehicle" sticker shall be affixed to the driver's window on power units placed out of service and, affixed to the left front corner of trailers or semi-trailers placed out of service.

 (2) No person shall remove the "out of service vehicle" sticker from any motor vehicle prior to completion of all repairs required by the "out of service" notice.

 (3) Any motor vehicle discovered to be in an unsafe condition while being operated on the highway may be continued in operation only to the nearest place where repairs can be safely effected.

 (4) Operation in an unsafe condition will be conducted only if it is less hazardous to the public than to permit the vehicle to remain on the highway.

 (5) A motor carrier shall not require or permit a person to operate a motor vehicle declared out of service until all the repairs required by the out of service notice are satisfactorily completed.

 (6) Any person convicted of unauthorized removal or causing to be removed an "out of service vehicle" sticker shall be fined one hundred twenty-five dollars ($125) as provided in section 31-41.1-4.

 (7) Any person convicted of operating or causing to operate an "out of service vehicle" on a public highway shall be fined one hundred dollars ($100) as provided in section 31-41.1-4.

 (f) In order to enforce the provisions of this section, authorized examiners, investigators, officers, or regulatory inspectors must satisfactorily complete a course of instruction as prescribed by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration in the federal motor carrier safety regulations (FMCSR) safety inspection procedures, and out of service criteria with at least annual in-service training covering the prescribed instruction.

 (g) Violations of the provisions of this section shall be recorded in the commercial vehicle inspection report approved by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration in addition to the appropriate Rhode Island state uniform summons.

 (h) Any fine imposed as a result of a violation of this section shall not be subject to any additional assessments imposed pursuant to any other laws of the state of Rhode Island.

 

31-23-49. Transportation of gasoline -- Penalty. -- (a) No motor vehicle shall be used to transport gasoline, except those which are duly registered with and approved by the division of motor vehicles. No container of whatever kind may be used to transport gasoline, except under the rules and regulations that may be promulgated and approved by the state fire marshal. The rules and regulations on containers shall, among other facets, regulate the size and kinds of containers that may be used to transport gasoline in the state of Rhode Island. Unless there exists an emergency condition that would require the transportation of gasoline by motor vehicle in a container or otherwise in response to an individual's or the general public's health, safety, or welfare, no person, firm, or corporation shall transport gasoline by motor vehicle, container, or otherwise except as provided in this section. This section shall not be applicable to any vehicle subject to the jurisdiction and regulatory authority of the federal government or any of its agencies.

 (b) Any person, firm, or corporation convicted of violating the provisions of this section or the rules and regulations promulgated by the state fire marshal or the division of motor vehicles under this section shall, upon conviction, be subject to a fine of not more than seventy-five dollars ($75.00)  the fines enumerated in section 31-41.1-4.

 

31-23-51. Earphones and headsets prohibited. -- (a) A person shall not drive a bicycle or motor vehicle upon any highway while wearing earphones or a headset. Any person who violates this section shall be fined (1) sixty dollars ($60.00) eighty-five dollars ($85.00) for the first offense, (2) seventy dollars ($70.00) ninety-five dollars ($95.00) for the second offense, and (3) one hundred forty dollars ($140) for the third and each subsequent offense.

 (b) This section shall not apply to any emergency vehicle operator using an integrated intercom system.

 

SECTION 11. Sections 31-25-12.1, 31-25-16 and 31-25-17 of the General Laws in Chapter 31-25 entitled "Size, Weight, and Load Limits" are hereby amended to read as follows:

 

31-25-12.1. Vehicles to be towed in right lane. -- (a) When a tow truck or other vehicle is towing another vehicle, except those vehicles designed to be in combination, in this state upon any public highway divided into two (2) or more clearly marked lanes for travel in the same direction, it shall be unlawful to tow except in the right lane of travel on a two (2) line highway, and in the two (2) right lanes of travel on a highway with three (3) or more lanes.

 (b) Any person who violates the provisions of this section shall, upon conviction, be fined : in accordance with the penalties provided in section 31-41.1-4.

 (1) Fifty dollars ($50.00) for the first offense;

 (2) Seventy five dollars ($75.00) for the second offense; and

 (3) One hundred dollars ($100) for the third and each subsequent offense.

 

31-25-16. Authorized weight shown in registration -- Exceeding limit. -- (a) The administrator of the division of motor vehicles shall insert in the registration card issued for a vehicle the gross weight for which it is registered. If it is a truck tractor to be used for propelling semi-trailers, he or she shall separately insert the total permissible gross weight of the truck tractor and semi-trailers to be propelled by it. It shall be unlawful for any carrier to operate or permit to be operated any vehicle or combination of vehicles of a gross weight in excess of that registered or permitted by the administrator of the division of motor vehicles, or in excess of the limitations set forth in this chapter.

 (b) For the purposes of this section, "carrier" means and includes any company or person who furthers their commercial or private enterprise by use of the vehicle.

 (c) (1) Penalties for violations of this section will be calculated on the registered or permitted weight in comparison to the actual weight and shall be heard and adjudicated at the traffic tribunal.

 (2) The overweight penalties for vehicles with ten thousand pounds (10,000 lbs.) gross vehicle weight or less shall be sixty-five dollars ($65.00) eighty-five dollars ($85.00) per thousand pounds overweight or portion of it.

 (3) The overweight penalties for vehicles exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight shall be one hundred twenty-five dollars ($125.00) per thousand pounds overweight or portion of it.

 (4) The overweight penalty for vehicles being operated in excess of one hundred four thousand, eight hundred pounds (104,800 lbs.) gross vehicle weight shall be one thousand twenty-five dollars ($1,025) in addition to the penalties enumerated in subsection (b)(2) of this section.

 

31-25-17. Identification of trucks and truck-tractors. -- (a) Every motor truck and every truck-tractor exceeding a gross vehicle weight or gross combination weight of ten thousand pounds (10,000 lbs.) shall be identified with the name, trade name, or company identifying logo and the city and state of the owner and operating carrier, or individual transporting property, when that transportation is for the furtherance of any commercial enterprise. However, in lieu of the city and state, one of the following may be displayed on the vehicle:

 (1) The interstate commerce commission number if a regulated interstate carrier; or

 (2) An identifying number issued by an official state agency.

 (b) The display of identification prescribed by this section shall be in letters in sharp color contrast to the background and be of such size, shape, and color as to be readily legible, during daylight hours, from a distance of fifty feet (50') while the vehicle is not in motion. The display of identification may be accomplished through the use of a removable device so prepared as to otherwise meet the identification requirements and legibility requirements of this section, if the vehicle is operated by any company or carrier. Nothing in this section shall prohibit the display of additional identification as may be required by other laws of this state or any other state, or agency or department of the federal government.

 (c) Penalties for violations of this section shall be handled by the traffic tribunal and the fines shall be as follows: as provided for in section 31-41.1-4.

 (1) Fifty dollars ($50.00) for the first offense;

 (2) Seventy-five dollars ($75.00) for the second offense;

 (3) One hundred twenty-five dollars ($125) for the third and subsequent offenses.

 

SECTION 12. Section 31-33-2 of the General Laws in Chapter 31-33 entitled "Safety Responsibility Violations - General Provisions" is hereby amended to read as follows:

 

31-33-2. Failure to file accident report. -- Failure to report an accident as required in section 31-33-1 shall be punished by a fine of forty-five dollars ($45.00) as provided for in section 31-41.1-4, and the division of motor vehicles shall suspend the license of the person failing to make report, or the nonresident's operating privilege of the person, until a report has been filed and for any further period not to exceed thirty (30) days that the division of motor vehicles may fix.

 

SECTION 13. Section 31-36.1-17 of the General Laws in Chapter 31-36.1 entitled "Fuel Use Reporting Law" is hereby amended to read as follows:

 

31-36.1-17. Penalties. -- (a) Any motor carrier failing to secure or display upon demand the license or identification device required in section 31-36.1-3, or under the International Fuel Tax Agreement shall be guilty of a civil violation and subject to a fine not exceeding: (1) seventy-five dollars ($75) eighty-five dollars ($85.00) for the first offense and (2) not exceeding one hundred dollars ($100) for subsequent offenses. Any motor carrier willfully violating any other provisions of this chapter shall be deemed guilty of a civil violation and subject to a fine not exceeding one hundred dollars ($100) for the first offense and not exceeding five hundred dollars ($500) for subsequent offenses.

 (b) Filing of a false statement to obtain credit or refund. - Any person who willfully and knowingly makes a false statement orally, in writing, or in the form of a receipt for the sale of motor fuel, for the purpose of obtaining, attempting to obtain, or to assist any other person, partnership, or corporation to obtain or attempt to obtain a credit or refund or reduction of liability for taxes under this chapter, shall be fined not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), or be imprisoned not more than one year, or both.

 (c) Failure to file return or pay tax. - When any motor carrier fails to file a return within the time prescribed by this chapter for the filing of it or fails to pay the amount of taxes due when they are payable, a penalty of ten percent (10%) or fifty dollars ($50.00), whichever is greater, shall be added to the amount of the tax due, and the penalty shall immediately accrue, and the tax shall bear interest at the annual rate provided by section 44-1-7, as amended, until the tax is paid. The tax administrator may waive all or part of the penalties provided in this chapter when it is proved to the tax administrator's satisfaction that the failure to file the return or pay the taxes on time was due to reasonable cause.

 

SECTION 14. Section 31-8-1 of the General Laws in Chapter 31-8 entitled "Offenses Against Registration and Certificate of Title Laws" is hereby amended to read as follows:

 

31-8-1. Operation of vehicles without evidences of registration. -- No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway or bicycle trail or path, any vehicle required to be registered pursuant to this title unless there has been issued for it a valid registration card and unless there is attached to it and displayed on it, when and as required by chapters 3 -- 9 of this title, a valid registration plate or plates issued for it by the division of motor vehicles for the current registration year except as otherwise expressly permitted in those chapters. Any violation of this section shall be punishable by a fine of not less than fifteen dollars ($15.00) nor more than fifty dollars ($50.00) eighty-five dollars ($85.00).

 

SECTION 15. Section 31-10-6.4 of the General Laws in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" is hereby amended to read as follows:

 

31-10-6.4. Violations. -- It is unlawful for the holder of a limited learner's permit, a temporary permit or a limited provisional license to drive a motor vehicle in violation of the restrictions that apply to that permit or license. Failure to comply with a restriction concerning time of driving or the presence of a supervising driver in the vehicle constitutes operating a motor vehicle without a license. Failure to comply with any other restriction, including seating and passenger limitations, is an infraction punishable by a monetary fine of thirty eighty-five dollars ($30.00) ($85.00) for the first offense, sixty ninety-five dollars ($60.00) ($95.00) for the second offense, and one hundred dollars ($100.00) for a third or any subsequent offenses.

 

SECTION 16. Section 31-27-6 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" is hereby amended to read as follows:

 

31-27-6. Lanes of operation. -- (a) Any bus, commercial vehicle, camper, vehicle registered as a camper, trailer, or vehicle carrying a camper or trailer traveling on Rhode Island interstate highways shall be allowed to travel only in the first two (2) right hand lanes, except in cases of left hand exits, in which case the vehicle shall be allowed to enter the third and fourth left hand lanes one mile prior to an exit.

 (b) For the purpose of this section, "commercial vehicle" means any vehicle registered for commercial purposes and designed and used primarily for the transportation of goods, wares, or merchandise. "Bus" means any vehicle designed for carrying ten (10) or more passengers and used primarily for the transportation of persons.

 (c) The provisions of this section shall only be effective during the period that official traffic signs are in place to notify operators of the provisions of this section. Any persons violating the provisions of this section upon conviction shall be fined not more than twenty-five dollars ($25.00) eighty-five dollars ($85.00).

 

SECTION 17. Section 37-15-7 of the General Laws in Chapter 37-15 entitled "Litter Control and Recycling" is hereby amended to read as follows:

 

37-15-7. Penalties. -- (a) Any person convicted of a first violation of this chapter shall, except where a penalty is specifically set forth, be subject to a fine of not less than fifty-five dollars ($55.00) eighty-five dollars ($85.00) nor more than five hundred dollars ($500). In addition to or in lieu of the fine imposed hereunder, the person so convicted may be ordered to pick up litter for not less than two (2), nor more than twenty-five (25) hours.

 (b) Any person convicted of a second or subsequent violation of this chapter shall, except where a penalty is specifically set forth, be subject to a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500). In addition to or in lieu of the fine imposed upon a second or subsequent violation of this chapter, the person so convicted may be ordered to pick up litter for not less than four (4), nor more than fifty (50) hours.

 (c) Jurisdiction to punish violators of the provisions of this chapter is conferred on the traffic tribunal.

 (d) Any person convicted of a violation of this chapter shall, in addition to all other penalties, be liable for the removal or cost of removal of all litter illegally disposed of by that person. The traffic tribunal may hold the registration of any vehicle owned by the violator and used in the act of littering until the aforementioned liability is satisfied.

 (e) The funds received by a state law enforcement agency shall be deposited as general revenues.

 (f) Penalties of fifty-five dollars ($55.00) eighty-five dollars ($85.00) for violations of section 37-15-7 may be disposed of without the necessity of personally appearing before the traffic tribunal. Said penalty may be handled administratively by mailing a check or money order, together with properly executed form provided to the appropriate address as set forth in the summons issued by the enforcing agent.

 

SECTION 18. All additional revenue received by the Rhode Island Traffic Tribunal or any municipal court as a direct result of increase in fees as provided for in this article shall be deposited in the general fund as general revenues. In the event that a fine listed in section 31-41.1-4 does not correspond to a fine listed in the section of law that creates the violation, the fine listed in section 31-41.1-4 shall take precedence.

 

SECTION 19. This article shall take effect July 1, 2008 and shall apply to all offenses committed on July 1, 2008 and thereafter.