Chapter
127
2008 -- H 7768 SUBSTITUTE A
Enacted 07/01/08
A N A C T
RELATING TO MOTOR AND
OTHER VEHICLES -- SNOWMOBILES AND
RECREATIONAL VEHICLES
Introduced By: Representatives Gorham, Walsh, and Mumford
Date Introduced: February 26, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 31-3.2-2, 31-3.2-6, 31-3.2-7.1, 31-3.2-8 and 31-3.2-10 of the
General
Laws in Chapter 31-3.2 entitled "Snowmobiles and Recreational
Vehicles" are hereby
amended
to read as follows:
31-3.2-2.
Registration. -- (a) General requirements. - Except as provided in this
chapter,
no
person shall operate any snowmobile or recreational vehicle within the state
unless the
snowmobile
or recreational vehicle has been registered in accordance with this chapter.
Any
operator
of any snowmobile or recreational vehicle not registered in accordance with
this chapter
shall be
deemed guilty of a civil violation and be subject to a fine of one hundred
dollars ($100)
for each
offense. All recreational vehicles sold by a dealer shall be registered at
time of sale of
such
vehicle. Any recreational vehicle purchased for use exclusively outside of the
state of
Rhode
Island shall not require registration at the time of purchase; provided that
the purchaser of
such
recreational vehicle shall sign a declaration, provided by the director via the
dealer, stating
that
the purchaser understands the conditions under which a recreational vehicle
must be
registered
and the penalty for violation of such registration requirements. Each signed
declaration
shall
be forwarded by the dealer to the director.
(1)
Recreational vehicle safety course and safety certificate. The director shall
establish a
curriculum
or curricula for a recreational vehicle safety training course or courses. Any
such
curriculum
may include, but not be limited to, on-vehicle training and safe riding
practices. The
director
may establish different courses and curricula for different types of
recreational vehicles.
The
director may permit any such safety training course to be given by any private
person, club,
association
or municipality that meets standards established by the director. The director
may
establish
a reasonable fee that any such person or entity may charge for such course or
courses.
(2)
The safety course shall be required for all first time recreational vehicle
buyers, as
well
as all operators under the age of sixteen (16). Proof of completion of safety
course shall be
carried
while operating any recreational vehicle off private property.
(b) Application -- Issuance -- Reports. - Application for registration shall be
made to the
director
in such form as the director shall prescribe, and shall state the name and
address of every
owner of
the snowmobile or recreational vehicle and be signed by at least one owner.
Upon
receipt
of the application and the appropriate fee, the snowmobile or recreational
vehicle shall be
registered
and a reflectorized identification number assigned which shall be affixed to
the
snowmobile
or recreational vehicle in such manner as the director shall prescribe.
(c) Fees for registration.
(1) The fee for registration of each snowmobile or recreational vehicle, other
than those
registered
by a dealer or manufacturer pursuant to subsection (c)(1) or (c)(2) shall be as
follows:
twenty-five
dollars ($25.00) for one year and one dollar ($1.00) for a duplicate or
transfer.
(2) The total registration fee for all snowmobiles or recreational vehicles
owned by a
dealer
and operated for demonstration or testing purposes shall be twenty-five dollars
($25.00)
per
year.
(3) The total registration fee for all snowmobiles or recreational vehicles
owned by a
manufacturer
and operated for research, testing, experimentation, or demonstration purposes
shall
be one
hundred dollars ($100) per year. Dealer and manufacturer registrations are not
transferable.
(4) In addition to the registration fees enumerated in subdivisions (1) -- (3)
of this
subsection,
an annual registration fee of ten dollars ($10.00) for residents and twenty
dollars
($20.00)
for nonresidents on all off-road facilities established by the department of
environmental
management
for such purposes. No person shall operate any recreational vehicles on
off-road
facilities
which has not been registered as required by this subdivision.
(d) Renewal. - Every owner of a snowmobile or recreational vehicle shall renew
his or
her
registration in such manner as the director shall prescribe, upon payment of
the same
registration
fees provided in subsection (c).
(e) Snowmobiles or recreational vehicles owned by state or political
subdivision. - A
registration
number shall be issued without the payment of a fee for snowmobiles or
recreational
vehicles
owned by the state of Rhode Island or a political subdivision of the state upon
application
for it.
(f) Exemptions. - No registration under this section shall be required for the
following
described
snowmobiles or recreational vehicles:
(1) Snowmobiles or recreational vehicles owned and used by the United States,
another
state,
or a political subdivision of the United States or another state.
(g) Special Permits. - The director of environmental management may issue
special
permits
to out of state snowmobiles or recreational vehicles from a state or country
where
registration
is not required to operate in Rhode Island for limited periods of time not to
exceed
thirty
(30) days in connection with organized group outings, trail rides, races,
rallies, and other
promotional
events.
(h)
Non-resident recreational vehicle registration. The registration provisions of
this
section
shall not apply to non-resident owners who have registered their recreational
vehicles in
compliance
with the registration and licensing laws of the state, province, district or
country of
residence
in which they reside, provided that the recreational vehicle is appropriately
identified in
accordance
with the laws of the state of residence. The provisions of this subsection
shall not
apply
to a resident of another state, province, district or country that does not
have a recreational
vehicle
registration and identification law.
31-3.2-6.
Rules and regulations. -- (a) With a view of achieving maximum use of
snowmobiles
and/or recreational vehicles, the director of natural resources shall adopt
rules and
regulations
for the following purposes:
(1) Registration of snowmobiles and recreational vehicles and display of
registration
numbers.
(2) Use of snowmobiles and recreational vehicles insofar as game and fish
resources are
affected.
(3) Use of snowmobiles and recreational vehicles on public lands and waters
under the
jurisdiction
of the director of natural resources.
(4) Uniform signs to be used by the state, counties, cities and towns, which
are necessary
or
desirable to control, direct, or regulate the operation and use of snowmobiles
and recreational
vehicles.
(5) Specifications relating to snowmobiles and recreational vehicles' mufflers.
(b) The administrator of the division of motor vehicles may adopt rules and
regulations
not
inconsistent with this chapter in the manner provided by this title regulating
the use of
snowmobiles
and recreational vehicles on streets and highways.
31-3.2-7.1.
Operation prohibited within valley marshes -- Penalties Operation
prohibited
within valley marshes. -- (a)
No person shall operate a motorcycle, recreational
vehicle
or other motorized vehicle within the Blackstone Valley Flood Plains or
Marshes, also
known as
the "Valley Marshes."
(b) Any person convicted of violating this section shall be punished as
follows:
(1) For the first offense a fine of not less than fifty dollars ($50.00) nor
more than five
hundred
dollars ($500), or imprisonment for thirty (30) days, or both;
(2) For the second offense, a fine of not less than one hundred dollars ($100)
nor more
than
five hundred dollars ($500), or imprisonment of sixty (60) days, or both; or
(3) For any subsequent offense, a fine of not less than one hundred fifty
dollars ($150)
nor
more than five hundred dollars ($500), or imprisonment for ninety (90) days, or
both.
31-3.2-8.
Mufflers. -- Except as provided in this section, every snowmobile or
recreational
vehicle shall be equipped at all times with a muffler in good working order
which
blends
the exhaust noise into the overall snowmobile or recreational vehicle noise and
is in
constant
operation to prevent excessive or unusual noise. The exhaust system shall not
emit or
produce
a sharp popping or crackling sound. This section does not apply to organized
races or
similar
competitive events held on:
(1) Private lands, with the permission of the owner, lessee or custodian of the
land;
(2) Public lands and water under the jurisdiction of the director of natural
resources, with
the
director's permission; or
(3) Other public lands, with the consent of the public agency owning the land.
No person
shall
have for sale, sell, or offer for sale on any new snowmobile or recreational
vehicle any
muffler
that fails to comply with the specifications required by the rules and
regulations of the
director
after the effective date of the rules and regulations.
31-3.2-10.
Penalties. -- Any person who violates any provisions of this chapter or
any
regulation
of the director of the department of environmental management or the
administrator of
the
division of motor vehicles shall be guilty of a misdemeanor for a first
offense and be punished
by a
fine of not more than one hundred dollars ($100) or by imprisonment for not
more than
ninety
(90) days., or both, and shall be required to take or retake a safety
education certificate
course
that has been approved by the director; for a second offense, be punished by a
fine of not
more
than two hundred fifty dollars ($250) or by imprisonment for not more than
ninety (90)
days,
or both; and for a third or subsequent offense, be punished by a fine of not
more than five
hundred
dollars ($500) or by imprisonment for not more than ninety (90) days, or both. The
director
may suspend or revoke the registration of a snow vehicle or a recreational
vehicle, after a
hearing,
for good cause which shall include, but not be limited to:
(1) Nonownership by the applicant;
(2) The failure of the vehicle to meet equipment standards after the owner has
received
notice
to comply with the standards;
(3) Operation of the vehicle improperly or in such a manner as to cause damage
to any
property
or death or injury to any person, or that the registrant has allowed or
permitted the
vehicle
to be so operated.
(4)
Repeat violations of this chapter or any associated regulation.
SECTION
2. Chapter 31-3.2 of the General Laws entitled "Snowmobiles and
Recreational
Vehicles" is hereby amended by adding thereto the following section:
31-3.2-11.
Liability for negligence. – Negligence in the use of operation of a
recreational
vehicle shall be attributable to the owner. Every owner of a recreational
vehicle used
or
operated in this state shall be liable and responsible for injury or death or
damage to property
resulting
from negligence in the use or operation of such vehicle by any person using or
operating
the
same with the permission, express or implied, of such owner; provided, however,
that such
operator's
negligence shall not be attributed to the owner as to any claim or cause of
action
accruing
to the operator or his legal representative for such injuries or death.
SECTION
3. This act shall take effect upon passage.
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LC02347/SUB A
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