Chapter 179

2008 -- S 3161

Enacted 07/02/08

 

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SNOWMOBILES AND

RECREATIONAL VEHICLES

          

     Introduced By: Senators Blais, and Raptakis

     Date Introduced: June 21, 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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LC03271

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