Chapter 405
2011 -- S 1063 SUBSTITUTE A AS
AMENDED
Enacted 07/13/11
A N A C T
RELATING TO HIGHWAYS
- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY -
Introduced By: Senators DiPalma, Lanzi, and Bates
Date Introduced: June 21, 2011
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
24-12-37. Penalty
for nonpayment of toll.Penalty for nonpayment of toll – Toll
Violators. (a) For the
first (1st) violation within a calendar year, any Any person who uses any
project and fails
or refuses to pay or prepay the required toll shall be required to pay the toll
amount and an administrative fee of six dollars ($6.00)
within thirty (30) days of receiving
issuance of the
notice of violation.
(b) Any person
who fails to pay the due toll amount and the administrative fee within
thirty (30) days of the issuance of the notice of the
violation after receiving notice
shall be
punished by a fine of fifty dollars ($50.00) eighty-five
dollars ($85.00) and may have his or her drivers
license suspended pursuant to section 31-41.1-6 for a period
not to exceed thirty (30) days for the
violation. and shall pay the toll amount due. Toll evaders
shall receive notice of the violation
from the
receipt requested. Toll
violators, who fail to pay the due toll amount and the administrative fee
within thirty (30) days of the issuance of the notice of the
violation shall receive a traffic violation
summons which shall be subject to the jurisdiction of the
Traffic Tribunal. The fine and
toll
amount, and administrative fee due under this subsection shall be remitted to the
turnpike Turnpike and bridge
Bridge authority Authority.
(c) "Toll
Violator" means, for the purposes of this section, any person who uses any
project and fails to pay the required toll and accepts an
Unpaid Toll Invoice from the 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
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
of in accordance with applicable law or regulations.
(4)(2)
The authority shall promulgate appropriate rules and regulations to ensure the
proper administration of the provisions of this section.
(5)(3)
For the purposes of this section only, "person" means the registered
owner, driver,
rentee or lessee of a motor vehicle.
(b)(4) 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
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
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. Chapter 24-12 of the General Laws entitled
"Rhode Island Turnpike and
Bridge Authority" is
hereby amended by adding thereto the following sections:
24-12-37.1.
Additional penalties – Toll evaders. -- (a) Any toll evader who fails or
refuses to pay or prepay the required toll, and such
violation may be evidenced by video or
photograph, shall be required to pay a fine not exceeding five
hundred dollars ($500) and shall
pay the toll amount due and an administrative fee of six
dollars ($6.00) or may have his or her
driver's license suspended for up to six (6) months for the
violation, or both. A toll evader under
this subsection shall receive a traffic violation summons
which shall be subject to the jurisdiction
of the Traffic Tribunal. The administrative fee and toll
amount due under this subsection shall be
remitted to the
(b) "Toll
Evader" means, for the purposes of this section, any person who: (1) Uses any
project and fails or refuses to pay the required toll; (2)
Does not accept an unpaid toll invoice
from the authority upon entering the toll plaza area or
uses the project without obtaining an
unpaid toll invoice prior to using the project; and (3)
Whose actions can be reasonably construed
as a deliberate attempt to avoid paying the toll.
24-12-37.2.
Driver/registered owner liability. -- (a) The
registered owner of the motor
vehicle shall be primarily responsible in all prosecutions
brought pursuant to the provisions of
sections 24-12-37 and 24-12-37.1.
(b) In all
prosecutions of nonpayment of toll violations, there is a rebuttable
presumption
that the registered owner of the vehicle was the operator
of the vehicle and may be liable for the
violation. The registered owner of the vehicle may assume
liability for the violation by paying the
fine; or by defending the violation.
SECTION 3. This act shall take effect upon passage.
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LC02832/SUB A
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