| Chapter 353 |
| 2018 -- H 7956 SUBSTITUTE B AS AMENDED Enacted 07/10/2018 |
| A N A C T |
| RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED SCHOOL-ZONE-SPEED-ENFORCEMENT SYSTEM |
| Introduced By: Representatives Craven, Diaz, Kennedy, Williams, and McEntee |
| Date Introduced: March 15, 2018 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled |
| "Adjudication of Traffic Offenses" is hereby amended to read as follows: |
| 31-41.1-4. Schedule of violations. |
| (a) The penalties for violations of the enumerated sections, listed in numerical order, |
| correspond to the fines described. However, those offenses for which punishments may vary |
| according to the severity of the offense, or punishment that require the violator to perform a |
| service, shall be heard and decided by the traffic tribunal or municipal court. The following |
| violations may be handled administratively through the method prescribed in this chapter. This |
| list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other |
| violations. |
| VIOLATIONS SCHEDULE |
| Sections of Total |
| General Laws Fine |
| 8-8.2-2 DOT, DEM, or other agency and department violations $85.00 |
| 24-10-17 Soliciting rides in motor vehicles 85.00 |
| 24-10-18 Backing up prohibited 85.00 |
| 24-10-20 Park and ride lots 85.00 |
| 24-12-37 Nonpayment of toll 100.00 |
| 31-3-12 Visibility of plates 85.00 |
| 31-3-18 Display of plates 85.00 |
| 31-3-32 Driving with expired registration 85.00 |
| 31-3-34 Failure to notify division of change of address 85.00 |
| 31-3-35 Notice of change of name 85.00 |
| 31-3-40 Temporary plates – dealer issued 85.00 |
| 31-4-3 Temporary registration – twenty- (20) day (20) bill of sale 85.00 |
| 31-10-10 Rules as to armed forces license 85.00 |
| 31-10-30 Driving on expired license 85.00 |
| 31-10-32 Notice of change of address 85.00 |
| 31-10.1-4 No motorcycle helmet (operator) 85.00 |
| 31-10.1-5 Motorcycle handlebar violation 85.00 |
| 31-10.1-6 No motorcycle helmet (passenger) 85.00 |
| 31-10.1-7 Inspection of motorcycle required 85.00 |
| 31-12-12 Local motor vehicle ordinance 85.00 |
| 31-13-04 4 Obedience to devices 85.00 |
| 31-13-6(3)(i) Eluding traffic light 85.00 |
| 31-13-09 9 Flashing signals 85.00 |
| 31-13-11 Injury to signs or devices 85.00 |
| 31-14-1 Reasonable and prudent speed 95.00 |
| 31-14-03 3 Condition requiring reduced speed 95.00 |
| 31-14-09 9 Below minimum speed 95.00 |
| 31-14-12 Speed limit on bridges and structures 95.00 |
| 31-15-1 Leaving lane of travel 85.00 |
| 31-15-2 Slow traffic to right 85.00 |
| 31-15-3 Operator left of center 85.00 |
| 31-15-4 Overtaking on left 85.00 |
| 31-15-5(a) Overtaking on right 85.00 |
| 31-15-6 Clearance for overtaking 85.00 |
| 31-15-7 Places where overtaking prohibited 85.00 |
| 31-15-8 No passing zone 85.00 |
| 31-15-9 One way highways 85.00 |
| 31-15-10 Rotary traffic islands 85.00 |
| 31-15-11 Laned roadway violation 85.00 |
| 31-15-12 Following too closely 85.00 |
| 31-15-12.1 Entering intersection 100.00 |
| 31-15-13 Crossing center section of divided highway 85.00 |
| 31-15-14 Entering or leaving limited access roadways 85.00 |
| 31-15-16 Use of emergency break-down lane for travel 85.00 |
| 31-15-17 Crossing bicycle lane 85.00 |
| 31-15-18 Unsafe passing of person operating a bicycle 85.00 |
| 31-16-1 Care in starting from stop 85.00 |
| 31-16-2 Manner of turning at intersection 85.00 |
| 31-16-4 U turn where prohibited 85.00 |
| 31-16-5 Turn signal required 85.00 |
| 31-16-6 Time of signaling turn 85.00 |
| 31-16-7 Failure to give stop signal 85.00 |
| 31-16-8 Method of giving signals 85.00 |
| 31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00 |
| second and subsequent offense not to exceed 500.00 |
| 31-17-1 Failure to yield right of way 85.00 |
| 31-17-2 Vehicle turning left 85.00 |
| 31-17-3 Yield right of way (intersection) 85.00 |
| 31-17-4 Obedience to stop signs 85.00 |
| 31-17-5 Entering from private road or driveway 85.00 |
| 31-17-8 Vehicle within right of way, rotary 85.00 |
| 31-17-9 Yielding to bicycles on bicycle lane 85.00 |
| 31-18-3 Right of way in crosswalks first violation 85.00 |
| second violation or any subsequent violation $100.00 |
| 31-18-5 Crossing other than at crosswalks 85.00 |
| 31-18-8 Due care by drivers 85.00 |
| 31-18-12 Hitchhiking 85.00 |
| 31-18-18 Right of way on sidewalks 85.00 |
| 31-19-3 Traffic laws applied to bicycles 85.00 |
| 31-19-20 Sale of new bicycles 85.00 |
| 31-19-21 Sale of used bicycles 85.00 |
| 31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 |
| 31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 |
| 31-20-1 Failure to stop at railroad crossing 85.00 |
| 31-20-2 Driving through railroad gate 85.00 |
| 31-20-9 Obedience to stop sign 85.00 |
| 31-21-4 Places where parking or stopping prohibited 85.00 |
| 31-21-14 Opening of vehicle doors 85.00 |
| 31-21-18 Electric vehicle charging station restriction 85.00 |
| 31-22-2 Improper backing up 85.00 |
| 31-22-4 Overloading vehicle 85.00 |
| 31-22-5 Violation of safety zone 85.00 |
| 31-22-6 Coasting 85.00 |
| 31-22-7 Following fire apparatus 85.00 |
| 31-22-8 Crossing fire hose 85.00 |
| 31-22-9 Throwing debris on highway – snow removal 85.00 |
| 31-22-11.5 Improper use of school bus– not to exceed five hundred dollars |
| for each day of improper use ($500) |
| 31-22-22(a) No child restraint 85.00 |
| 31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00 |
| 31-22-22(b), (f) No seat belt – passenger 40.00 |
| 31-22-22(g) No seat belt – operator 40.00 |
| 31-22-23 Tow trucks – proper identification 275.00 |
| 31-22-24 Operation of interior lights 85.00 |
| 31-23-1(b)(2) U.S. department of transportation motor carrier safety rules |
| and regulations Not less than $85.00 |
| or more than $500.00 |
| 31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00 |
| 31-23-1(e)(7) Operation of an "out of service vehicle" 100.00 |
| 31-23-2(b) Installation or adjustment of unsafe or prohibited parts, |
| equipment, or accessories: |
| (first offense) 250.00 |
| (second offense) 500.00 |
| (third and subsequent offenses) 1,000.00 |
| 31-23-4 Brake equipment required 85.00 |
| 31-23-8 Horn required 85.00 |
| 31-23-10 Sirens prohibited 85.00 |
| 31-23-13 Muffler required 85.00 |
| 31-23-13.1 Altering height or operating a motor vehicle with an |
| altered height 85.00 |
| 31-23-14 Prevention of excessive fumes or smoke 85.00 |
| 31-23-16 Windshield and window stickers (visibility) 85.00 |
| 31-23-17 Windshield wipers 85.00 |
| 31-23-19 Metal tires prohibited 85.00 |
| 31-23-20 Protuberances on tires 85.00 |
| 31-23-26 Fenders and wheel flaps required 85.00 |
| 31-23-27 Rear wheel flaps on buses, trucks, and trailer trailers 85.00 |
| 31-23-29 Flares or red flag required over four thousand pounds |
| (4,000 lbs.) 85.00 |
| 31-23-40 Approved types of seat belt requirements 85.00 |
| 31-23-42.1 Special mirror – school bus 85.00 |
| 31-23-43 Chocks required (1 pair) – over four thousand pounds |
| (4,000 lbs.) 85.00 |
| 31-23-45 Tire treads – defective tires 85.00 |
| 31-23-47 Slow moving emblem required 85.00 |
| 31-23-49 Transportation of gasoline – passenger vehicle 85.00 |
| 31-23-51 Operating bike or motor vehicle wearing ear phones |
| (first offense) 85.00 |
| second offense 95.00 |
| for the third and each subsequent offense 140.00 |
| 31-24-1 through 31-24-54 Times when lights required 85.00 |
| 31-25-03 3 Maximum width of one hundred and two inches (102") |
| exceeded 85.00 |
| 31-25-04 4 Maximum height of one hundred sixty-two inches (162") |
| exceeded 85.00 |
| 31-25-06 6 Maximum number and length of coupled vehicles 500.00 |
| 31-25-07 7 Load extending three feet (3') front, six feet (6') rear |
| exceeded 85.00 |
| 31-25-9 Leaking load 85.00 |
| 31-25-11 Connections between coupled vehicles 85.00 |
| 31-25-12 Towing chain, twelve-inch (12") square flag required 85.00 |
| 31-25-12.1 Tow truck – use of lanes |
| (first offense) 85.00 |
| second offense 95.00 |
| for the third and each subsequent offense 100.00 |
| 31-25-14(d)(1) Maximum weight and tandem axles 125.00 |
| 31-25-14(d)(2) Maximum weight and tandem axles 125.00 |
| 31-25-14(d)(3) Maximum weight and tandem axles 125.00 |
| 31-25-16(c)(2) Maximum weight shown in registration per thousand lbs. |
| overweight or portion thereof 85.00 |
| 31-25-16(c)(3) Maximum weight shown in registration per thousand lbs. |
| overweight or portion thereof. 125.00 |
| 31-25-16(c)(4) Maximum weight shown in registration 1,025.00 |
| plus per thousand pounds overweight or portion thereof $125.00 |
| 31-25-17 Identification of trucks and truck-tractors |
| (first offense) 85.00 |
| (second offense) 95.00 |
| for the third and subsequent offenses 125.00 |
| 31-25-24 Carrying and inspection of excess load limit 175.00 |
| 31-25-27(c) Maximum axle |
| (first offense) 3,000.00 |
| not to exceed 5,000.00 |
| for each and every subsequent offense |
| 31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River |
| Bridge |
| (first offense) 3,000.00 |
| not to exceed 5,000.00 |
| for each and every subsequent offense |
| 31-27-2.3 Refusal to take preliminary breath test 85.00 |
| 31-28-7(d) Wrongful use of handicapped parking placard 500.00 |
| 31-28-7(f) Handicapped parking space violation: |
| First offense 100.00 |
| Second offense 175.00 |
| Third offense and subsequent offenses 325.00 |
| 31-28-7.1(e) Wrongful use of institutional handicapped parking |
| placard 125.00 |
| 31-33-2 Failure to file accident report 85.00 |
| 31-36.1-17 No fuel tax stamp (out-of-state) 85.00 |
| and not exceeding for subsequent offense ($100) |
| 31-38-3 No inspection sticker 85.00 |
| 31-38-4 Violation of inspection laws 85.00 |
| 31-41.3-15 Automated school-zone-speed-enforcement system 50.00 |
| 31-47.2-06 6 Heavy-duty vehicle emission inspections: |
| First offense 125.00 |
| Second offense 525.00 |
| Third and subsequent offenses 1,025.00 |
| 37-15-7 Littering not less than 55.00 |
| not more than five hundred dollars ($500) |
| 39-12-26 Public carriers violation 300.00 |
| SPEEDING Fine |
| Fine |
| (A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 95.00 |
| (B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine |
| of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. 205.00 |
| minimum |
| (b) In addition to any other penalties provided by law, a judge may impose the following |
| penalties for speeding: |
| (1) For speeds up to and including ten miles per hour (10 mph) over the posted speed |
| limit on public highways, a fine as provided for in subsection (a) of this section for the first |
| offense; ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second |
| offense if within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for |
| each mile in excess of the speed limit for the third and any subsequent offense if within twelve |
| (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days. |
| (2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on |
| public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for |
| the first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the |
| second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per |
| mile for each mile in excess of the speed limit for the third and subsequent offense if within |
| twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) |
| days. |
| (c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person |
| charged with a violation who pays the fine administratively pursuant to this chapter 41.1 of title |
| 31 shall not be subject to any additional costs or assessments, including, but not limited to, the |
| hearing fee established in § 8-18-4. |
| SECTION 2. Section 31-41.3-4 of the General Laws in Chapter 31-41.3 entitled |
| "Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as |
| follows: |
| 31-41.3-4. Automated school-zone-speed-enforcement system operational |
| requirements and certification. |
| No automated school-zone-speed-enforcement system shall be used in the state of Rhode |
| Island unless the system has been approved and certified for use in the state by the director of the |
| department of transportation. The director of the department of transportation, in cooperation with |
| the state police, shall require that any automated school-zone-speed-enforcement system |
| approved and certified for use in the state of Rhode Island meets the following requirements: |
| (1) All automated school-zone-speed-enforcement systems operated under this chapter |
| shall record the speed of vehicles within plus or minus one mile per hour of the actual speed. |
| (2) All automated school-zone-speed-enforcement systems operated under this chapter |
| shall record at least two (2) photographic images of the vehicle exceeding the speed limit, one of |
| which shall include the license plate attached to the rear of the vehicle. |
| (3) All automated school-zone-speed-enforcement systems operated under this chapter |
| shall, at the time of violation, imprint upon the photographic images of vehicles exceeding the |
| speed limit: |
| (i) The date and time of the violation; and |
| (ii) The identity of the street, or school zone being monitored, and location upon that |
| street, or within that school zone, including the direction of travel and lane of travel; this |
| requirement may be met with code designations; and |
| (iii) The posted or lawfully designated speed limit for the street or school zone being |
| monitored; and |
| (iv) The monitored speed of the vehicle identified in the photographic images as |
| exceeding the posted or lawfully designated school zone speed limit; and |
| (v) The consecutive event number of each photograph taken. |
| (4) At least one hundred feet (100') prior to entering an automated school-zone area |
| where a speed-enforcement system is being operated, and on each approach to that area, four (4) |
| signs, each measuring three feet (3') in height by four feet (4') in width, shall be erected in |
| locations where the view is unobstructed, warning motorists that they will be entering an area |
| monitored by an automated speed-zone-enforcement system and that violators of speed |
| limitations may be prosecuted. The automated school-zone-speed-enforcement system shall be |
| operational only from seven o'clock a.m. (7:00 a.m.) to six o'clock p.m. (6:00 p.m.) on school |
| days of the promulgated one-hundred-eighty-(180) day (180) school calendar year adopted in the |
| applicable community. |
| (5) It shall be the vendor's responsibility to furnish an annual report with all pertinent data |
| to the speaker of the house and the senate president. |
| SECTION 3. Section 31-41.3-12 of the General Laws in Chapter 31-41.3 entitled |
| "Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as |
| follows: |
| 31-41.3-12. Nature of violations. |
| Notwithstanding any other provision of law: |
| (1) No violation for which a civil penalty is imposed under this chapter shall be |
| considered a moving violation; nor shall it be included on the driving record of the person on |
| whom the liability is imposed; nor shall it be used for insurance rating purposes in providing |
| motor vehicle insurance coverage until there is a final adjudication of the violation. |
| (2) Impositions of a penalty pursuant to this chapter shall not be deemed a criminal |
| conviction of an owner or operator. |
| (3) The defense available under § 31-41.1-7 shall not be available for any violation |
| imposed under this chapter. |
| SECTION 4. Chapter 31-41.3 of the General Laws entitled "Automated School-Zone- |
| Speed-Enforcement System Act of 2016" is hereby amended by adding thereto the following |
| section: |
| 31-41.3-15. Penalties. |
| (a) Every person found to have violated the provisions of this chapter shall be fined fifty |
| dollars ($50.00) for each offense; provided, however that for a period of thirty (30) days |
| following the installation of any new automated school-zone-speed-enforcement system, a |
| violation recorded by said the system shall only be enforced by the issuance of a warning. |
| (b) A violation of this chapter shall not be considered a moving violation for purposes of |
| the motorist’s driving record. |
| (c) Every three (3) years from the date of the motorist's first offense under this chapter, |
| the court shall expunge any automated school-zone-speed-enforcement violations during the |
| preceding three-(3) year (3) period. |
| SECTION 5. This act shall take effect upon passage. |
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| LC005209/SUB B |
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