Chapter 193

2010 -- H 8143

Enacted 06/25/10

 

A N A C T

RELATING TO HIGHWAYS - RHODE ISLAND BRIDGE AND TURNPIKE AUTHORITY

     

     Introduced By: Representatives Martin, Ruggiero, Jackson, and A Rice

     Date Introduced: May 18, 2010

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 24-12-37 of the General Laws in Chapter 24-12 entitled "Rhode

Island Turnpike and Bridge Authority" is hereby amended to read as follows:

 

     24-12-37. Penalty for nonpayment of toll. -- (a)(1) For the first (1st) violation within a

calendar year, Any any person who uses any project and fails or refuses to pay the toll or prepay

the required toll provided therefor shall be punished by a fine of not more than one hundred

dollars ($100). Toll evasion violators shall receive a traffic violation summons which shall be

subject to the jurisdiction of the traffic tribunal required to pay the toll amount within thirty (30)

days of receiving the notice of violation. Any person who fails to pay the due toll amount after

receiving notice shall be punished by a fine of fifty dollars ($50.00) and shall pay the toll amount

due. Toll evaders shall receive notice of the violation from the Rhode Island turnpike and bridge

authority by first class mail or by certified mail, return receipt requested. The fine and toll amount

due under this subsection shall be remitted to the Rhode Island turnpike and bridge authority.

     (2) For the second (2nd) violation within a calendar year, any person who uses any project

and fails or refuses to pay or prepay the required toll shall be punished by a fine of one hundred

dollars ($100) and shall pay the toll amount due. Toll evasion violators under this subsection shall

receive a traffic violation summons which shall be subject to the jurisdiction of the traffic

tribunal. Any violation issued under this subsection shall be paid within thirty (30) days of

receiving the notice of the violation. The traffic tribunal shall remit the toll amount due to the

Rhode Island turnpike and bridge authority.

     (3) For the third (3rd) and subsequent violations within a calendar year, any person who

uses any project and fails or refuses to pay or prepay the required toll or fails to pay in a timely

manner a fine issued pursuant to subdivision 24-12-37(a)(1) or (a)(2) after having received notice

thereof, the person shall be subject to a fine of two hundred fifty dollars ($250) and shall pay the

toll amount due within thirty (30) days of receiving the notice of violation. Toll evasion violators

under this subsection shall receive a traffic violation summons which shall be subject to the

jurisdiction of the traffic tribunal. The traffic tribunal shall remit the toll amount due to the Rhode

Island turnpike and bridge authority.

     The Rhode Island turnpike and bridge authority shall notify the administrator of the

division of motor vehicles, who shall place the matter on the record and shall not renew a license

to operate a motor vehicle or the registration of any vehicle owned by the person, or both, until

the matter has been disposed of in accordance with applicable law or regulation. If the person is

found to be a resident of another state or jurisdiction, the administrator of motor vehicles shall

revoke the violator's right to operate a vehicle in Rhode Island until the matter has been disposed

of in accordance with applicable law or regulations.

     (4) The authority shall promulgate appropriate rules and regulations to ensure the proper

administration of the provisions of this section.

     (5) For the purposes of this section only, "person" means the registered owner, driver,

rentee or lessee of a motor vehicle.

     (b) It is unlawful for any person or business, other than an authorized representative of

the authority: (i) to sell, offer for sale or attempt to sell tokens, tickets, passes or other evidences

of payment issued for passage on any project of the authority, including but not limited to, the

Claiborne Pell Bridge, if originally issued by the authority pursuant to any program of the

authority providing for a reduced rate of toll based upon frequency of use of the project, volume

of tokens, passes or other evidences of payment purchased, or method of payment for the toll; or

(ii) to sell, offer for sale, or attempt to sell tokens, passes or other evidences of payment

issued for passage on any project of the authority, including but not limited to, the Claiborne Pell

Bridge for a profit. Any person or business who is found in violation of this subsection shall be

punished, for each offense, by a fine of not more than five hundred dollars ($500).

 

     SECTION 2. Section 31-3-5 of the General Laws in Chapter 31-3 entitled "Registration

of Vehicles – Grounds for Refusal of Registration" is hereby amended to read as follows:

 

     31-3-5. Grounds for refusal of registration. -- The division of motor vehicles shall

refuse registration or any transfer of registration upon any of the following grounds:

      (1) That the application contains any false or fraudulent statement, or that the applicant

has failed to furnish required information, or reasonable additional information requested by the

division of motor vehicles, or that the applicant is not entitled to the issuance of registration of the

vehicle under chapters 3 -- 9 of this title;

      (2) That the vehicle is mechanically unfit or unsafe to be operated upon the highways;

      (3) That the division of motor vehicles has reasonable ground to believe that the vehicle

is a stolen or embezzled vehicle, or that the granting of registration would constitute a fraud

against the rightful owner;

      (4) That the registration of the vehicle stands suspended or revoked for any reason as

provided in the motor vehicle laws of this state;

      (5) That the vehicle has been reported by any city or town to the division of motor

vehicles as having unpaid fines in the aggregate amount of two hundred dollars ($200) or more;

provided, the registration shall be issued upon presentation of proof of payment of the

outstanding fines owed to the cities or towns reporting the unpaid fines. The sum of two hundred

dollars ($200) shall represent the aggregate value of the sum of the fines on the face of the

ticket(s) and shall not include interest, penalties, or any other monetary amount which may be

imposed for failure to pay the ticket(s) or summons(es) by a specified date. Before the division of

motor vehicles denies a registration to any person pursuant to this subsection, it shall have first

received a five dollar ($5.00) fee for each request from the city or town requesting the denial of

registration, which fee may be added to the aggregate value of the sum of the fines;

      (6) That the vehicle does not comply with regulations promulgated pursuant to section

23-23-5(18), entitled "Air Pollution";

      (7) That the vehicle does not comply with the provisions of chapter 47.1 of this title and

any rules and regulations promulgated under that chapter; or

      (8) That a commercial motor vehicle is being operated by a commercial motor carrier

that has been prohibited from operating in interstate commerce by a federal agency with authority

to do so under federal law.; or

     (9) That the registered owner of a vehicle failed to pay the required fine and toll as

prescribed in subdivision 24-12-37(a)(3) of the general laws.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC02617

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