Introduced By: Senators Roney, Patterson, Paiva-Weed, Blais and Roberts
Date Introduced : April 23, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Section 31-22-22 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby amended to read as follows:
{DEL 31-22-22. Child passenger restraint DEL} {ADD
31-22-22. Child restraint -- Safety belt use. -- ADD} (a)
{DEL Any person transporting a child five (5) years of age
or under in a motor vehicle operated on the roadways, streets,
or highways of this state, shall transport the child in the back
seat of the motor vehicle unless the motor vehicle is not so equipped.
Except that the front seat may be used for the transportation
of children (i) if there is no back seat and the required seat
belt or child restraint system is utilized in the front seat or
(ii) if all seats in the back of the vehicle are being utilized
by other children and if the required seat belt or child restraint
system is utilized in the front seat. DEL} Any person transporting
a child {DEL three (3) years or under DEL} {ADD under the
age of four (4) years ADD} in a motor vehicle operated on the roadways,
streets, or highways of this state, shall provide for the protection
of the child and properly use a child {DEL passenger DEL}
restraint system approved by the United States department of transportation
under federal standard 213.
(b) Any person transporting a child {DEL over DEL} {ADD under ADD}
the age of {DEL three (3) DEL} {ADD six (6) ADD} {DEL years
of age and through the age of twelve (12) years of age in the
front or back seat of a passenger DEL} {DEL (a) DEL}
{ADD in a ADD}motor vehicle operated on the roadways, streets,
or highways of this state, {DEL will ensure that DEL} {ADD shall
transport ADD} the child {ADD in the back seat of the motor vehicle
properly restrained ADD} {DEL be DEL} in a child {DEL passenger DEL}
restraint system {DEL as described above or be wearing a regular
seat belt or shoulder harness. DEL} {ADD approved by the United
States Department of Transportation under Federal Standard 213
or if the child is between the ages of four (4) to six (6) years
old the child shall be properly wearing a safety belt and/or shoulder
harness approved by the department of transportation pursuant
to federal standard 208 in the back seat of the motor vehicle
unless ADD} {ADD (i) the vehicle is not equipped with a back seat;
or ADD}
{ADD (ii) all back seating positions are being utilized by other children. ADD}
Provided, that in no event shall failure to wear a child {DEL passenger DEL}
restraint system or {DEL regular DEL} {DEL seat DEL}
{ADD safety ADD} belt be considered as contributory or comparative
negligence, nor the failure to wear said child {DEL passenger DEL}
restraint system, {DEL regular DEL} seat belt {DEL , DEL}
{ADD and/ ADD} or shoulder harness be admissible as evidence in the
trial of any civil action.
(c) Any person deemed in violation of subsection (a) herein shall
be issued a citation. If the cited person presents proof of purchase
of a federally approved child restraint system under standard
213 to the issuing police department within seven (7) days of
issuance, the department shall void the violation. If the individual
fails to present proof of purchase, he or she shall be required
to appear for a hearing before the {DEL division for DEL}
administrative adjudication {ADD court ADD}. Any person who violates
the provisions of {DEL this DEL} {ADD sub ADD}section {ADD (a) ADD}
shall be fined one hundred fifty dollars ($150) for each offense,
and it shall not be recorded on the person's driving record within
the rules and regulations governing chapter 43 of this title.
(d) Any person deemed to be in violation of subsection (b) herein
shall be fined thirty dollars ($30.00) {DEL for the first offense,
sixty dollars ($60.00) for the second offense, and one hundred
dollars ($100) for every subsequent offense DEL} and it shall
not be recorded on the person's driving record within the rules
and regulations governing chapter 43 of this title.
(e) All fines collected for violations of this section shall be payable to the state of Rhode Island. Provided, that fifty percent (50%) of the proceeds will be shared with the municipality whose law enforcement department issued the citation for the violations.
(f) Any operator of a motor vehicle transporting a person {DEL over
the age of twelve (12) DEL} {DEL six DEL} {ADD thirteen
(13) years of age and older ADD} in the front or back seat of a
motor vehicle operated on the roadways, streets or highways of
this state shall {DEL provide for the protection of the person
a safety belt system as defined by federal motor vehicle safety
standard 209. DEL} {ADD ensure that the person be properly wearing
a safety belt and/or shoulder harness system, as defined by federal
motor vehicle safety standard 208. ADD} The provisions of this
subsection shall apply only to those motor vehicles required by
federal law to have safety belts.
(g) Any person who is an operator of {DEL or passenger in DEL}
a motor vehicle shall {ADD be properly ADD} {DEL wear DEL}
{ADD wearing ADD} a safety belt and/or {ADD shoulder harness system ADD}
as defined by federal motor vehicle safety standard {DEL 209 DEL}
{ADD 208 ADD} while the vehicle is in operation on any of the roadways,
streets, or highways of this state. The provisions of this subsection
shall apply only to those motor vehicles required by federal law
to have safety belts.
In no event shall failure to wear a child {DEL passenger DEL}
restraint system or safety belt be considered as negligence, nor
the failure to wear the child {DEL passenger DEL} restraint
system or safety belt be admissible as evidence in the trial of
any civil action.
(h) The provisions of subsection (f) {DEL and DEL} {ADD , ADD}
(g) {ADD and (n) ADD} shall not apply to a driver or passenger of:
(1) A passenger motor vehicle manufactured before July 1, 1966;
(2) A passenger motor vehicle in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons; {ADD The verification time period shall not exceed twelve (12) months at which time a new verification may be issued. ADD}
(3) A passenger motor vehicle which is not required to be equipped with a safety seat belt system under federal laws; or
(4) A passenger motor vehicle operated by a letter carrier of the United States postal service while performing the duties of a letter carrier.
(i) A program of public information and education designed to educate the motoring public to the benefits of wearing safety belt systems, shall e developed by the Rhode Island department of transportation's governor's office on highway safety. The Rhode Island department of transportation's office on highway safety, in cooperation with the Rhode Island department of health, shall study the effectiveness of the implementation of this section and shall submit to the general assembly a report containing its findings by July 1, {DEL 1991 DEL {ADD 1999 ADD}
{DEL (i) A program of public information and education designed
to educate the motoring public to the benefits of wearing safety
belt systems, shall be developed by the Rhode Island department
of transportation's governor's office on highway safety. The Rhode
Island department of transportation's office on highway safety,
in cooperation with the Rhode Island department of health, shall
study the effectiveness of the implementation of this section
and shall submit to the general assembly a report containing its
findings by July 1, 1991. DEL}
(j) Violations of subsections (f) {DEL and DEL} {ADD , ADD}
(g) shall be considered secondary offenses and no motor vehicle
may be stopped by any state or municipal law enforcement agency
for failure of an operator or passenger to wear a safety belt
system or for any violation of subsections (f) and (g); provided,
however, that a motor vehicle may be stopped for failure to comply
with the child {DEL passenger DEL} restraint system as
described in subsections (a) and (b) and (n).
{ADD Any person deemed to be in violation of (f) and, (g) during the period from July 1, 1998 to December 31, 1998, shall be issued a verbal warning of violation only. Any person violating subsection (f) and, (g) herein after December 31, 1998 shall be fined thirty dollars ($30.00) and it shall not be recorded on said persons driving record within the rules and regulations governing chapter 43 of this title. ADD}
(k) {DEL No fine or sanction shall be imposed for a violation
of subsections (f) and (g) other than a verbal warning. DEL}
(l) {DEL No record of any kind shall be maintained regarding
any operator or passenger for violation of subsections (g) and
(h), including any records of verbal warnings. DEL}
{DEL (m) Any verbal warnings issued for violations of subsections
(g) and (h) shall not be recorded regarding any motor vehicle's
operator's driving record within the rules and regulations of
chapter 43 of this title. DEL}
{ADD (n) Any operator of a motor vehicle transporting a child between the ages of six (6) through twelve (12) in the front or back seat of a motor vehicles operated on the roadways, streets or highways of the state shall ensure that the person be properly wearing a safety belt and/or shoulder harness system, as defined by federal motor vehicle safety standard 208. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts. ADD}
SECTION 2. Section 31-41-4 of the General Laws in Chapter 31-41 entitled "Administrative Payment of Certain Traffic Offenses" is hereby amended to read as follows:
31-41-4. Violations to which applicable and schedule. -- The penalties for violations of the enumerated sections correspond to the fines described; provided, however, second and subsequent moving offenses, punishments which may vary according to the severity of the offense, or punishments which require the violator to perform a service, shall be heard and decided by the administrative adjudication court or municipal court. The following violations may be handled administratively through the method as prescribed in the chapter; provided, however, this list is not exclusive and jurisdiction may be conferred on the administrative adjudication court with regard to other violations.
{ADD Fines provided for in Section 31-22-22 shall not be supplemented with additional assessments under this chapter. ADD}
VIOLATIONS SCHEDULE
| Section of General Laws | Fine | |
| 31-10-32 | Notice of change of address | $ 30.00 |
| 31-15-9 | One way highways | 30.00 |
| 31-14-3 | Condition requiring reduced speed | 30.00 |
| 31-13-9 | Flashing signals | 30.00 |
| 31-16-5 | Turn signal required | 30.00 |
| 31-16-2 | Manner of turning at intersection | 30.00 |
| 31-21-4 | Places where parking or stopping prohibited | 30.00 |
| 31-15-6 | Clearance for overtaking | 30.00 |
| 31-25-10 | Fastening of load and covering | 70.00 |
| 31-24-1 | Times when lights required | 30.00 |
| 31-24-53 | Safety lights required on food vending vehicles | |
| 31-15-4 | Overtaking on left | 30.00 |
| 31-15-5(a) | Overtaking on right | 30.00 |
| 31-16-6 | Time of signaling turn | 30.00 |
| 31-17-4 | Obedience to stop signs | 30.00 |
| 31-22-9 | Throwing debris on highway -- snow removal | 55.00 |
| 31-17-2 | Vehicle turning left | 30.00 |
| 31-23-15 | Rear view mirror | 30.00 |
| 31-10.1-4 | No motorcycle helmet (operator) | 30.00 /35.00 |
| 31-10.1-6 | No motorcycle helmet (passenger) | 30.00 /35.00 |
| 31-15-12 | Following too closely | 30.00 |
| 31-14-9 | Below minimum speed | 30.00 |
| 31-15-3 | Operator left of center | 30.00 |
| 31-15-7 | Places where overtaking prohibited | 30.00 |
| 31-13-4 | Obedience to devices | 30.00 |
| 31-38-3 | No inspection sticker | 30.00 |
| 31-15-16 | Use of emergency break-down lane for travel | 30.00 |
| 31-3-18 | Display of plates | 30.00 |
| 31-19-20 | Sale of new bicycles | 30.00 |
| 31-19-21 | Sale of used bicycles | 30.00 |
| 31-27-2.3 | Refusal to take preliminary breath test | 30.00 |
| 24-10-17 | Soliciting rides in motor vehicles | 30.00 |
| 24-10-18 | Backing up prohibited | 50.00 |
| 31-3-32 | Driving with expired registration | 30.00 |
| 31-3-34 | Failure to notify registry of change of address | 30.00 |
| 31-3-35 | Notice of change of name | 30.00 |
| 31-3-40 | Temporary plates -- dealer issued | 30.00 |
| 31-4-3 | Temporary registration -- twenty (20) day bill of sale | 30.00 |
| 31-7-1 | Operating on foreign registration | 30.00 |
| 31-8-1 | Operating without evidence of registration | 30.00 |
| 31-10-10 | Rules as to armed forces license | 30.00 |
| 31-10-30 | Driving on expired license | 30.00 |
| 31-10.1-5 | Motorcycle handlebar violation | 30.00 |
| 31-10.1-7 | Inspection of motorcycle required | 30.00 |
| 31-12-2 | Obedience to laws | 30.00 |
| 31-13-6(c)(1) | Eluding traffic light | 30.00 |
| 31-13-11 | Injury to signs or devices | 30.00 |
| 31-14-1 | Reasonable and prudent speed | 50.00 |
| 31-14-12 | Speed limit on bridges and structures | 30.00 |
| 31-15-1 | Leaving lane of travel | 30.00 |
| 31-15-2 | Slow traffic to right | 30.00 |
| 31-15-8 | No passing zone | 30.00 |
| 31-15-10 | Rotary traffic islands | 30.00 |
| 31-15-11 | Laned roadway violation | 30.00 |
| 31-15-12.1 | Entering intersection | 30.00 |
| 31-15-13 | Crossing center section of divided highway | 50.00 |
| 31-15-14 | Entering or leaving limited access roadways | 50.00 |
| 31-16-1 | Care in starting from stop | 30.00 |
| 31-16-4 | U turn where prohibited | 30.00 |
| 31-16-7 | Failure to give stop signal | 30.00 |
| 31-16-8 | Method of giving signals | 30.00 |
| 31-17-1 | Failure to yield right of way | 30.00 |
| 31-17-3 | Yield right of way (intersection) | 30.00 |
| 31-17-5 | Entering from private road or driveway | 30.00 |
| 31-17-8 | Vehicle within right of way, rotary | 30.00 |
| 31-18-3 | Right of way in crosswalks | 30.00 |
| 31-18-5 | Crossing other than at crosswalks | 30.00 |
| 31-18-8 | Due care by drivers | 30.00 |
| 31-18-12 | Hitchhiking | 30.00 |
| 31-18-18 | Right of way on sidewalks | 30.00 |
| 31-19-3 | Traffic laws applied to bicycles | 30.00 |
| 31-19.1-2 | Operating motorized bicycle on an interstate highway | 50.00 |
| 31-19.2-2 | Operating motorized tricycle on an interstate highway | 50.00 |
| 31-20-1 | Failure to stop at railroad crossing | 30.00 |
| 31-20-2 | Driving through railroad gate | 30.00 |
| 31-20-9 | Obedience to stop sign | 30.00 |
| 31-21-14 | Opening of vehicle doors | 30.00 |
| 31-22-2 | Improper backing up | 30.00 |
| 31-22-4 | Overloading vehicle | 50.00 |
| 31-22-5 | Violation of safety zone | 30.00 |
| 31-22-6 | Coasting | 30.00 |
| 31-22-7 | Following fire apparatus | 50.00 |
| 31-22-8 | Crossing fire hose | 50.00 |
| 31-22-11.5 | Improper use of school bus -- not to exceed five hundred dollars ($500) for each day of improper use | |
| 31-22-22 {DEL | No child restraint | {DEL |
| 31-22-22-{DEL | No child restraint {ADD /seat belt and/or not in back seatADD} | 30.00 |
| {ADD31-22-22 (f)(n) | No seat belt -- passenger | 30.00 ADD} |
| 31-22-22(g) | No seat belt -- operator | 30.00 |
| 31-22-23 | Tow trucks -- proper identification | 70.00 |
| 31-22-24 | Operation of interior lights | 30.00 |
| 31-23-1(b) | Department of Transportation motor carrier safety rules and regulations | 30.00 |
| 31-23-10 | Sirens prohibited | 30.00 |
| 31-23-13.1 | Altering height or operating a motor vehicle with an altered height | 50.00 |
| 31-23-16 | Windshield and window stickers (visibility) | 30.00 |
| 31-23-19 | Metal tires prohibited | 30.00 |
| 31-23-29 | Flares or red flag required over four thousand pounds (4,000 lbs). | 30.00 |
| 31-23-38 | Television receivers prohibited | 70.00 |
| 31-23-42.1 | Special mirror -- school bus | 30.00 |
| 31-23-43 | Chocks required (1 pair) -- over four thousand pounds (4,000 lbs.) | 30.00 |
| 31-23-47 | Slow moving emblem required | 30.00 |
| 31-23-49 | Transportation of gasoline -- passenger vehicle | 50.00 |
| 31-23-51 | Operating bike or motor vehicle wearing ear phones (first offense) | 35.00 |
| 31-24-5 | Headlamp required on motorcycle | 30.00 |
| 31-24-31 | Flashing lights -- permit required | 30.00 |
| 31-24-34 | Failure to dim lights | 30.00 |
| 31-24-45 | Red flag required, load projecting four feet (4') rear | 30.00 |
| 31-25-3 | Maximum width of one hundred two inches (102") exceeded | 50.00 |
| 31-25-4 | Maximum height of one hundred sixty two inches (162") exceeded | 50.00 |
| 31-25-7 | Load extending three feet (3') front, six feet (6') feet rear exceeded | 50.00 |
| 31-25-9 | Leaking load | 30.00 |
| 31-25-11 | Connections between coupled vehicles | 50.00 |
| 31-25-12 | Towing chain, twelve inch (12") square flag required | 50.00 |
| 31-25-12.1 | Tow truck -- use of lanes (first offense) | 30.00 |
| 31-25-17 | Identification of trucks and truck-tractors (1st offense) | 30.00 |
| 31-27-6 | Use of lanes, commercial vehicles | 30.00 |
| 31-27-16 | Funeral processions | 30.00 |
| 31-28-7(3)(a) | Handicapped parking violation | 30.00 |
| 31-33-2 | Failure to file accident report | 30.00 |
| 31-36.1-17 | No fuel tax stamp (out-of-state) | 50.00 |
| 31-38-4 | Violation of inspection laws | 30.00 |
| 31-43-1(1) | D.O.T. and D.E.M. violations | 30.00 |
| 31-45-1 | Noise limits | 30.00 |
| 37-15-7 | Littering | 30.00 |
| 39-12-26 | Public carriers violation | 50.00 |
| 31-45-5 | Audio Systems | $50.00 |
SPEEDING
| Fine | Substance Abuse Prevention Assessment | Total | ||
| (A) one to five miles per hour (1-5 mph) in excess of posted speed limit -- | $30.00 | $30.00 | $60.00 | |
| (B) six to ten miles per hour (6-10 mph)in excess of posted speed limit -- | $40.00 | $30.00 | $70.00 | |
| (C) eleven to fifteen miles per hour (11-15 mph) in excess of posted speed limit -- | $50.00 | $30.00 | $80.00 | |
| (D) sixteen to eighteen miles per hour (16-18 mph) in excess of posted speed limit for a first offense, a fine of ten dollars ($10.00) per mile for each mile in excess of speed limit shall be assessed. | $160.00 to | $30.00 | $190.00 to | |
| $180.00 | $210.00 | |||
| (E) nineteen to twenty-four miles per hour (19-24 mph) in excess of posted speed limit, for the first offense, a fine of ten dollars ($10.00) per mile for each mile in excess of speed limit shall be assessed. | $190.00 to | $30.00 | $220.00 to | |
| $240.00 | $270.00 | |||
| (F) twenty-five miles per hour (25 mph) or more in excess of posted speed limit, mandatory hearing at AAD, with a fine of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. | $250.00 minimum | $30.00 | $280.00 minimum |
Mail certified check or money order only, together with properly executed form provided to the appropriate address as set forth in the summons.
SECTION 3. This act shall take effect upon passage.
This Act would revise child restraint and driver/passenger seat belt use violations and fines.
This act would take effect upon passage.
