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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