01 -- H SUBSTITUTE A LC000/SUB A S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC OFFENSES Introduced By: Representatives Craven, Diaz, Kennedy, Williams, and McEntee Date Introduced: March 1, 01 Referred To: House Judiciary It is enacted by the General Assembly as follows: 1 SECTION 1. Section 1-1.1- of the General Laws in Chapter 1-1.1 entitled "Adjudication of Traffic Offenses" is hereby amended to read as follows: 1-1.1-. 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 1 1 Sections of General Laws Total Fine 1 1 1 1 1 -.- DOT, DEM, or other agency and department violations $.00 --1 Soliciting rides in motor vehicles.00 --1 Backing up prohibited.00 --0 Park and ride lots.00-1- Nonpayment of toll 0.00
1 1 1 1 1 1 1 1 0 1 0 1 1--1 Visibility of plates.00 1--1 Display of plates.00 1-- Driving with expired registration.00 1-- Failure to notify division of change of address.00 1-- Notice of change of name.00 1--0 Temporary plates dealer issued.00 1-- Temporary registration twenty (0) day bill of sale.00 1-- Rules as to armed forces license.00 1--0 Driving on expired license.00 1-- Notice of change of address.00 1-.1- No motorcycle helmet (operator).00 1-.1- Motorcycle handlebar violation.00 1-.1- No motorcycle helmet (passenger).00 1-.1- Inspection of motorcycle required.00 1-1-1 Local motor vehicle ordinance.00 1-1-0 Obedience to devices.00 1-1-()(i) Eluding traffic light.00 1-1-0 Flashing signals.00 1-1- Injury to signs or devices.00 1-1-1 Reasonable and prudent speed.00 1-1-0 Condition requiring reduced speed.00 1-1-0 Below minimum speed.00 1-1-1 Speed limit on bridges and structures.00 1-1-1 Leaving lane of travel.00 1-1- Slow traffic to right.00 1-1- Operator left of center.00 1-1- Overtaking on left.00 1-1-(a) Overtaking on right.00 1-1- Clearance for overtaking.00 1-1- Places where overtaking prohibited.00 1-1- No passing zone.00 1-1- One way highways.00 1-1- Rotary traffic islands.00 1-1- Laned roadway violation.00 LC000/SUB A - Page of
1 1 1 1 1 1 1 1 0 1 0 1 1-1-1 Following too closely.00 1-1-1.1 Entering intersection 0.00 1-1-1 Crossing center section of divided highway.00 1-1-1 Entering or leaving limited access roadways.00 1-1-1 Use of emergency break-down lane for travel.00 1-1-1 Crossing bicycle lane.00 1-1-1 Unsafe passing of person operating a bicycle.00 1-1-1 Care in starting from stop.00 1-1- Manner of turning at intersection.00 1-1- U turn where prohibited.00 1-1- Turn signal required.00 1-1- Time of signaling turn.00 1-1- Failure to give stop signal.00 1-1- Method of giving signals.00 1-1.1- Diesel vehicle idling rules first offense not to exceed 0.00 second and subsequent offense not to exceed 00.00 1-1-1 Failure to yield right of way.00 1-1- Vehicle turning left.00 1-1- Yield right of way (intersection).00 1-1- Obedience to stop signs.00 1-1- Entering from private road or driveway.00 1-1- Vehicle within right of way, rotary.00 1-1- Yielding to bicycles on bicycle lane.00 1-1- Right of way in crosswalks first violation.00 second violation or any subsequent violation $0.00 1-1- Crossing other than at crosswalks.00 1-1- Due care by drivers.00 1-1-1 Hitchhiking.00 1-1-1 Right of way on sidewalks.00 1-1- Traffic laws applied to bicycles.00 1-1-0 Sale of new bicycles.00 1-1-1 Sale of used bicycles.00 1-1.1- Operating motorized bicycle on an interstate highway.00 1-1.- Operating motorized tricycle on an interstate highway.00 LC000/SUB A - Page of
1 1 1 1 1 1 1 1 0 1 1-0-1 Failure to stop at railroad crossing.00 1-0- Driving through railroad gate.00 1-0- Obedience to stop sign.00 1-1- Places where parking or stopping prohibited.00 1-1-1 Opening of vehicle doors.00 1-1-1 Electric vehicle charging station restriction.00 1-- Improper backing up.00 1-- Overloading vehicle.00 1-- Violation of safety zone.00 1-- Coasting.00 1-- Following fire apparatus.00 1-- Crossing fire hose.00 1-- Throwing debris on highway snow removal.00 1--. Improper use of school bus not to exceed five hundred dollars for each day of improper use ($00) 1--(a) No child restraint.00 1--(a) Child restraint/seat belt but not in any rear seating position.00 1--(b), (f) No seat belt passenger 0.00 1--(g) No seat belt operator 0.00 1-- Tow trucks proper identification.00 1-- Operation of interior lights.00 1--1(b)() U.S. department of transportation motor carrier safety rules and regulations Not less than $.00 or more than $00.00 1--1(e)() Removal of an "out of service vehicle" sticker 1.00 1--1(e)() Operation of an "out of service vehicle" 0.00 0 1 1--(b) Installation or adjustment of unsafe or prohibited parts, equipment, or accessories: (first offense) 0.00 (second offense) 00.00 (third and subsequent offenses 1,000.00 1-- Brake equipment required.00 1-- Horn required.00 1-- Sirens prohibited.00 LC000/SUB A - Page of
1 1 1 1 1 1 1 1 0 1 0 1 1--1 Muffler required.00 1--1.1 Altering height or operating a motor vehicle with an altered height.00 1--1 Prevention of excessive fumes or smoke.00 1--1 Windshield and window stickers (visibility).00 1--1 Windshield wipers.00 1--1 Metal tires prohibited.00 1--0 Protuberances on tires.00 1-- Fenders and wheel flaps required.00 1-- Rear wheel flaps on buses, trucks and trailer.00 1-- Flares or red flag required over four thousand pounds (,000 lbs.).00 1--0 Approved types of seat belt requirements.00 1--.1 Special mirror school bus.00 1-- Chocks required (1 pair) over four thousand pounds (,000 lbs.).00 1-- Tire treads defective tires.00 1-- Slow moving emblem required.00 1-- Transportation of gasoline passenger vehicle.00 1--1 Operating bike or motor vehicle wearing ear phones (first offense).00 second offense.00 for the third and each subsequent offense.00 1--1 through 1-- Times when lights required.00 1--0 Maximum width of one hundred and two inches (") exceeded.00 1--0 Maximum height of one hundred sixty-two inches (1") exceeded.00 1--0 Maximum number and length of coupled vehicles 00.00 1--0 Load extending three feet (') front, six feet (') rear exceeded.00 1-- Leaking load.00 1-- Connections between coupled vehicles.00 1--1 Towing chain, twelve inch (1") square flag required.00 LC000/SUB A - Page of
1--1.1 Tow truck use of lanes (first offense).00 second offense.00 for the third and each subsequent offense 0.00 1--1(d)(1) Maximum weight and tandem axles 1.00 1--1(d)() Maximum weight and tandem axles 1.00 1--1(d)() Maximum weight and tandem axles 1.00 1--1(c)() 1--1(c)() Maximum weight shown in registration per thousand lbs. overweight or portion thereof.00 Maximum weight shown in registration per thousand lbs. overweight or portion thereof. 1.00 1 1 1 1 1 1 1 1--1(c)() Maximum weight shown in registration 1,0.00 plus per thousand pounds overweight or portion thereof $1.00 1--1 Identification of trucks and truck-tractors (first offense).00 (second offense).00 for the third and subsequent offenses 1.00 1-- Carrying and inspection of excess load limit 1.00 1 0 1 1--(c) Maximum axle (first offense),000.00 not to exceed,000.00 for each and every subsequent offense 1--0 Maximum axle Pawtucket River Bridge and Sakonnet River Bridge (first offense),000.00 not to exceed,000.00 for each and every subsequent offense 1--. Refusal to take preliminary breath test.00 1--(d) Wrongful use of handicapped parking placard 00.00 0 1 1--(f) 1--.1(e) Handicapped parking space violation: First offense 0.00 Second offense 1.00 Third offense and subsequent offenses.00 Wrongful use of institutional handicapped parking LC000/SUB A - Page of
1 1 1 1 1 1 1 1 0 1 0 1 placard 1.00 1-- Failure to file accident report.00 1-.1-1 No fuel tax stamp (out-of-state).00 and not exceeding for subsequent offense ($0) 1-- No inspection sticker.00 1-- Violation of inspection laws.00 1-1.-1 Automated school-zone-speed-enforcement system (First offense) 0.00 (Second offense) 0.00 (Third and subsequent offenses).00 1-.-0 Heavy-duty vehicle emission inspections: First offense 1.00 Second offense.00 Third and subsequent offenses 1,0.00-1- Littering not less than.00 not more than five hundred dollars ($00) -1- Public carriers violation 00.00 SPEEDING Fine Fine (A) One to ten miles per hour (1- mph) in excess of posted speed limit $.00 (B) Eleven miles per hour ( mph) in excess of posted speed limit with a fine of ten dollars ($.00) per mile in excess of speed limit shall be assessed. 0.00 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 ( 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 ($.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (1) months of the first offense; and fifteen dollars ($1.00) per mile for each mile in excess of the speed limit for the third and any subsequent offense if within twelve (1) months of the first offense. In addition, the license may be suspended up to thirty (0) days. () For speeds in excess of ten miles per hour ( mph) over the posted speed limit on public highways, a mandatory fine of ten dollars ($.00) for each mile over the speed limit for the first offense; fifteen dollars ($1.00) per mile for each mile in excess of the speed limit for the LC000/SUB A - Page of
1 1 1 1 1 1 1 1 0 1 0 1 second offense if within twelve (1) months of the first offense; and twenty dollars ($0.00) per mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve (1) months of the first offense. In addition, the license may be suspended up to sixty (0) days. (c) Except for a technology surcharge assessed in accordance with -1-, any person charged with a violation who pays the fine administratively pursuant to chapter 1.1 of title 1 shall not be subject to any additional costs or assessments, including, but not limited to, the hearing fee established in -1-. SECTION. Section 1-1.- of the General Laws in Chapter 1-1. entitled "Automated School-Zone-Speed-Enforcement System Act of 01" is hereby amended to read as follows: 1-1.-. 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. () All automated school-zone-speed-enforcement systems operated under this chapter shall record at least two () photographic images of the vehicle exceeding the speed limit, one of which shall include the license plate attached to the rear of the vehicle. () 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 LC000/SUB A - Page of
1 1 1 1 1 1 1 1 0 1 (v) The consecutive event number of each photograph taken. () At least one hundred feet (0') prior to entering an automated school-zone area where a speed-enforcement system is being operated, and on each approach to that area, four () signs each measuring three feet (') in height by four feet (') 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. (:00 a.m.) to four o'clock p.m. (:00 p.m.) on school days of the promulgated one hundred eighty (10) day school calendar year adopted in the applicable community. () 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. Chapter 1-1. of the General Laws entitled "Automated School-Zone- Speed-Enforcement System Act of 01" is hereby amended by adding thereto the following section: 1-1.-1. Penalties. (a) Every person found to have violated the provisions of this chapter shall receive the following penalties: (1) For a first or second offense a fine of fifty dollars ($0.00). () For a third or subsequent offense a fine of ninety-five dollars ($.00). (b) A violation of this chapter shall not be considered a driving violation for purposes of the motorist's driving record. (c) Every three () years from the date of a motorist's first offense under this chapter, the court shall expunge all previous offenses during that three () year period. SECTION. This act shall take effect upon passage. LC000/SUB A LC000/SUB A - Page of
EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC OFFENSES *** 1 This act would provide for a specific signage size of three feet (') by four feet (') at automated school-zone-speed-enforcement system locations, would provide for graduated monetary fines for violations, would provide that a person's court records for violations be expunged every three () years from the date of a motorist's first offense, and would provide that violations under this act not be reflected on a person's driving record. This act would take effect upon passage. LC000/SUB A LC000/SUB A - Page of