2013 -- H 5061 SUBSTITUTE A

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LC00049/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PASSING, USING OF LANES, AND

RULES OF THE ROAD

     

     

     Introduced By: Representatives Corvese, Malik, Palangio, Ucci, and Azzinaro

     Date Introduced: January 10, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-15-12.1 of the General Laws in Chapter 31-15 entitled "Passing,

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Use of Lanes, and Rules of the Road" is hereby amended to read as follows:

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     31-15-12.1. Entering intersections. -- (a) The driver of a motor vehicle shall not enter an

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intersection whether or not any traffic signal is green unless there is sufficient space in the

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roadway he or she is about to enter beyond the intersection to receive his or her vehicle without

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blocking the intersection. Violations of this section are subject to fines enumerated in section 31-

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41.1-4, unless bodily injury, serious bodily injury or death occurs to any person other than the

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offending operator under this section.

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     (b) When bodily injury of any person other than the offending operator of any motor

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vehicle is caused by violation of this section, the offending operator shall be fined two hundred

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dollars ($200). When serious bodily injury of any person other than the offending operator of any

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motor vehicle is caused by violation of this section, the offending operator shall be fined five

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hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)

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months. When the death of any person other than the offending operator of any motor vehicle is

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caused by violation of this section, the offending operator shall be fined one thousand dollars

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($1,000) and his/her driver's license shall be suspended for a period of one year.

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     (c) As used in this section, "serious bodily injury" means physical injury that creates a

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substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

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of the function of any bodily member or organ.

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     SECTION 2. Sections 31-17-1, 31-17-2, 31-17-4, 31-17-7 and 31-17-8 of the General

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Laws in Chapter 31-17 entitled "Right-of-Way" are hereby amended to read as follows:

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     31-17-1. Right-of-way in absence of signs or signals. -- (a) The driver of a vehicle

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approaching an intersection shall yield the right-of-way to a vehicle which has entered the

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intersection from a different highway.

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      (b) When two vehicles enter an intersection from different highways at approximately

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the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on

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the right.

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      (c) The right-of-way rules declared in subsections (a) and (b) of this section are modified

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at through highways and otherwise as stated in this chapter.

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      (d) Violations of this section are subject to the fines enumerated in section 31-41.1-4,

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unless bodily injury, serious bodily injury or death occurs to any person other than the offending

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operator under this section.

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     (e) When bodily injury of any person other than the offending operator of any motor

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vehicle is caused by violation of this section, the offending operator shall be fined two hundred

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dollars ($200). When serious bodily injury of any person other than the offending operator of any

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motor vehicle is caused by violation of this section, the offending operator shall be fined five

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hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)

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months. When the death of any person other than the offending operator of any motor vehicle is

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caused by violation of this section, the offending operator shall be fined one thousand dollars

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($1,000) and his/her driver's license shall be suspended for a period of one year.

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     (f) As used in this section, "serious bodily injury" means physical injury that creates a

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substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

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of the function of any bodily member or organ.

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     31-17-2. Vehicle turning left or right. -- (a) The driver of a vehicle within an

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intersection intended to turn to the left or right shall yield the right-of-way to any vehicle

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approaching from the opposite direction which is within the intersection or so close to it as to

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constitute an immediate hazard, or shall yield to a pedestrian intending to cross within a

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crosswalk which the driver of the vehicle must travel to make the left or right turn. The driver,

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having so yielded and having given a signal when and as required by chapter 16 of this title, may

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make the left or right turn, and the drivers of all other vehicles approaching the intersection from

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the opposite direction shall yield the right of way to the vehicle making the left or right turn.

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Violations of this section are subject to the fines enumerated in section 31-41.1-4, unless bodily

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injury, serious bodily injury or death occurs to any person other than the offending operator under

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this section.

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     (b) When bodily injury of any person other than the offending operator of any motor

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vehicle is caused by violation of this section, the offending operator shall be fined two hundred

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dollars ($200). When serious bodily injury of any person other than the offending operator of any

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motor vehicle is caused by violation of this section, the offending operator shall be fined five

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hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)

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months. When the death of any person other than the offending operator of any motor vehicle is

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caused by violation of this section, the offending operator shall be fined one thousand dollars

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($1,000) and his/her driver's license shall be suspended for a period of one year.

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     (c) As used in this section, "serious bodily injury" means physical injury that creates a

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substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

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of the function of any bodily member or organ.

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     31-17-4. Vehicle entering stop or yield intersection. -- (a) Preferential right-of-way at

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an intersection may be indicated by stop signs or yield signs.

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      (b) Except when directed to proceed by a police officer or traffic-control signal, every

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driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly

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marked stop line, but if none, before entering the crosswalk on the near side of the intersection,

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or, if none, then at the point nearest the intersecting roadway where the driver has a view of

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approaching traffic on the intersecting roadway before entering the intersection. After having

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stopped, the driver shall yield the right-of-way to any pedestrian intending to cross the lane of

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traffic in a crosswalk or any vehicle which has entered the intersection from another highway or

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which is approaching so closely on the highway as to constitute an immediate hazard during the

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time when the driver is moving across or within the intersection.

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      (c) The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow

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down to a speed reasonable for the existing conditions and, if required for safety to stop, shall

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stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of

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the intersection, or, if none, then at the point nearest the intersecting roadway where the driver

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has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the

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driver shall yield the right-of-way to any pedestrian intending to cross the lane of traffic in a

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crosswalk or any vehicle in the intersection or approaching on another highway so closely as to

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constitute an immediate hazard during the time the driver is moving across or within the

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intersection.

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      (d) Violations of this section are subject to the fines enumerated in section 31-41.1-4,

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unless bodily injury, serious bodily injury or death occurs to any person other than the offending

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operator under this section.

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     (e) When bodily injury of any person other than the offending operator of any motor

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vehicle is caused by violation of this section, the offending operator shall be fined two hundred

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dollars ($200). When serious bodily injury of any person other than the offending operator of any

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motor vehicle is caused by violation of this section, the offending operator shall be fined five

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hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)

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months. When the death of any person other than the offending operator of any motor vehicle is

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caused by violation of this section, the offending operator shall be fined one thousand dollars

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($1,000) and his/her driver's license shall be suspended for a period of one year.

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     (f) As used in this section, "serious bodily injury" means physical injury that creates a

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substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

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of the function of any bodily member or organ.

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     31-17-7. Right-of-way of fire companies. -- The officers and men and women of the fire

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department, of any fire engine or hose company, or of any protective department or company

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duly chartered and organized under the laws of this state for the protection of property from fire

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in any city or town, with their registered fire apparatus, shall have the right of way while going to

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a fire or upon any alarm of fire, while responding to an emergency call; when on duty at any fire,

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in, upon, or through any street, highway, lane, avenue, or alley in the city or town; and when

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exiting or entering a fire station, garage or other department facility. Every person in or upon or

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owning any vehicle, or upon the street, highway, lane, avenue, or alley, who shall willfully or

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maliciously refuse the right of way to, or shall in any way willfully or maliciously obstruct or

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retard any registered fire apparatus of the fire department, fire company, protective department, or

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company, or any of the officers or men and women, while going to a fire or upon any alarm of

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fire, while responding to an emergency call, or while on duty at any fire, in, upon, or through the

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street, highway, lane, avenue, or alley, or when exiting or entering a fire station, garage or other

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department facility shall be fined not exceeding twenty dollars ($20.00) two hundred dollars

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($200). However, the rights pursuant to this section of the protective department or company shall

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be subject, at all times, to the rights pursuant to this section of the fire department, fire engine

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company, and hose company.

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     31-17-8. Right-of-way at rotary. -- (a) In the absence of any traffic control device or

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sign, the driver of a vehicle about to enter a rotary, regardless of the direction from which the

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vehicle is approaching, shall yield the right-of-way to all vehicles already in the rotary. The state

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traffic commission shall determine the location of yield signs at rotaries. Violations of this section

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are subject to fines enumerated in section 31-41.1-4, unless bodily injury, serious bodily injury or

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death occurs to any person other than the offending operator under this section.

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     (b) When bodily injury of any person other than the offending operator of any motor

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vehicle is caused by violation of this section, the offending operator shall be fined two hundred

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dollars ($200). When serious bodily injury of any person other than the offending operator of any

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motor vehicle is caused by violation of this section, the offending operator shall be fined five

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hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)

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months. When the death of any person other than the offending operator of any motor vehicle is

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caused by violation of this section, the offending operator shall be fined one thousand dollars

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($1,000) and his/her driver's license shall be suspended for a period of one year.

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     (c) As used in this section, "serious bodily injury" means physical injury that creates a

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substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

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of the function of any bodily member or organ.

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     SECTION 3. This act shall take effect upon passage.

     

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LC00049/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- PASSING, USING OF LANES, AND

RULES OF THE ROAD

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     This act would create additional penalties for motor vehicle violations at intersections and

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rights-of-way that cause serious bodily injury or death.

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     This act would take effect upon passage.

     

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LC00049/SUB A

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H5061A