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2013 -- H 5968 | |
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LC02259 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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____________ | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC | |
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OFFENSES | |
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Introduced By: Representatives Williams, O'Brien, Walsh, Palangio, and Hull | |
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Date Introduced: April 09, 2013 | |
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Referred To: House Judiciary | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled |
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"Adjudication of Traffic Offenses" is hereby amended to read as follows: |
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31-41.1-4. Schedule of violations. -- (a) The penalties for violations of the enumerated |
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sections, listed in numerical order, correspond to the fines described. However, those offenses for |
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which punishments which may vary according to the severity of the offense, or punishment which |
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require the violator to perform a service, shall be heard and decided by the traffic tribunal or |
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municipal court. The following violations may be handled administratively through the method |
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prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the |
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traffic tribunal with regard to other violations. |
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VIOLATIONS SCHEDULE |
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1-11 |
8-8.2-2 DOT, DEM, or other agency and department violations $85.00 |
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1-12 |
24-10-17 Soliciting rides in motor vehicles 85.00 |
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1-13 |
24-10-18 Backing up prohibited 85.00 |
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1-14 |
24-10-20 Park and ride lots 85.00 |
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1-15 |
24-12-37 Nonpayment of toll 100.00 |
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1-16 |
31-3-12 Visibility of plates 85.00 |
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1-17 |
31-3-18 Display of plates 85.00 |
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1-18 |
31-3-32 Driving with expired registration 85.00 |
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2-19 |
31-3-34 Failure to notify division of change of address 85.00 |
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2-20 |
31-3-35 Notice of change of name 85.00 |
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2-21 |
31-3-40 Temporary plates - dealer issued 85.00 |
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2-22 |
31-4-3 Temporary registration - twenty (20) day bill of sale 85.00 |
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2-23 |
31-10-10 Rules as to armed forces license 85.00 |
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2-24 |
31-10-30 Driving on expired license 85.00 |
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2-25 |
31-10-32 Notice of change of address 85.00 |
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2-26 |
31-10.1-4 No motorcycle helmet (operator) 85.00 |
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2-27 |
31-10.1-5 Motorcycle handlebar violation 85.00 |
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2-28 |
31-10.1-6 No motorcycle helmet (passenger) 85.00 |
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2-29 |
31-10.1-7 Inspection of motorcycle required 85.00 |
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2-30 |
31-12-12 Local motor vehicle ordinance 85.00 |
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2-31 |
31-13-04 Obedience to devices 85.00 |
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2-32 |
31-13-6(3)(i) Eluding traffic light 85.00 |
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2-33 |
31-13-09 Flashing signals 85.00 |
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2-34 |
31-13-11 Injury to signs or devices 85.00 |
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2-35 |
31-14-1 Reasonable and prudent speed 95.00 |
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2-36 |
31-14-03 Condition requiring reduced speed 95.00 |
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31-14-09 Below minimum speed 95.00 |
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2-38 |
31-14-12 Speed limit on bridges and structures 95.00 |
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2-39 |
31-15-1 Leaving lane of travel 85.00 |
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2-40 |
31-15-2 Slow traffic to right 85.00 |
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2-41 |
31-15-3 Operator left of center 85.00 |
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2-42 |
31-15-4 Overtaking on left 85.00 |
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2-43 |
31-15-5(a) Overtaking on right 85.00 |
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2-44 |
31-15-6 Clearance for overtaking 85.00 |
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2-45 |
31-15-7 Places where overtaking prohibited 85.00 |
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2-46 |
31-15-8 No passing zone 85.00 |
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2-47 |
31-15-9 One way highways 85.00 |
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2-48 |
31-15-10 Rotary traffic islands 85.00 |
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2-49 |
31-15-11 Laned roadway violation 85.00 |
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2-50 |
31-15-12 Following too closely 85.00 |
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2-51 |
31-15-12.1 Entering intersection 100.00 |
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31-15-13 Crossing center section of divided highway 85.00 |
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3-53 |
31-15-14 Entering or leaving limited access roadways 85.00 |
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3-54 |
31-15-16 Use of emergency break-down lane for travel 85.00 |
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3-55 |
31-15-17 Crossing bicycle lane 85.00 |
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3-56 |
31-15-18 Unsafe passing of person operating a bicycle 85.00 |
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3-57 |
31-16-1 Care in starting from stop 85.00 |
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3-58 |
31-16-2 Manner of turning at intersection 85.00 |
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3-59 |
31-16-4 U turn where prohibited 85.00 |
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3-60 |
31-16-5 Turn signal required 85.00 |
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3-61 |
31-16-6 Time of signaling turn 85.00 |
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3-62 |
31-16-7 Failure to give stop signal 85.00 |
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3-63 |
31-16-8 Method of giving signals 85.00 |
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3-64 |
31-16.1-3 Diesel vehicle idling rules |
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first offense not to exceed 100.00 |
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second and subsequent offense not to exceed 500.00 |
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31-17-1 Failure to yield right of way 85.00 |
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3-68 |
31-17-2 Vehicle turning left 85.00 |
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3-69 |
31-17-3 Yield right of way (intersection) 85.00 |
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3-70 |
31-17-4 Obedience to stop signs 85.00 |
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3-71 |
31-17-5 Entering from private road or driveway 85.00 |
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3-72 |
31-17-8 Vehicle within right of way, rotary 85.00 |
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31-17-9 Yielding to bicycles on bicycle lane 85.00 |
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31-18-3 Right of way in crosswalks |
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first violation 85.00 |
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second violation or any subsequent violation $100.00 |
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3-77 |
31-18-5 Crossing other than at crosswalks 85.00 |
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31-18-8 Due care by drivers 85.00 |
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31-18-12 Hitchhiking 85.00 |
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31-18-18 Right of way on sidewalks 85.00 |
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31-19-3 Traffic laws applied to bicycles 85.00 |
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31-19-20 Sale of new bicycles 85.00 |
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31-19-21 Sale of used bicycles 85.00 |
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31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 |
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31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 |
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31-20-1 Failure to stop at railroad crossing 85.00 |
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4-87 |
31-20-2 Driving through railroad gate 85.00 |
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4-88 |
31-20-9 Obedience to stop sign 85.00 |
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4-89 |
31-21-4 Places where parking or stopping prohibited 85.00 |
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4-90 |
31-21-14 Opening of vehicle doors 85.00 |
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4-91 |
31-22-2 Improper backing up 85.00 |
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4-92 |
31-22-4 Overloading vehicle 85.00 |
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4-93 |
31-22-5 Violation of safety zone 85.00 |
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4-94 |
31-22-6 Coasting 85.00 |
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4-95 |
31-22-7 Following fire apparatus 85.00 |
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4-96 |
31-22-8 Crossing fire hose 85.00 |
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4-97 |
31-22-9 Throwing debris on highway - snow removal 85.00 |
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4-98 |
31-22-11.5 Improper use of school bus not to exceed five hundred dollars ($500) |
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for each day of improper use |
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4-100 |
31-22-22(a) No child restraint 85.00 |
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4-101 |
31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00 |
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31-22-22(b), (f) No seat belt - passenger 85.00 |
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31-22-22(g) No seat belt - operator 85.00 |
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31-22-23 Tow trucks - proper identification 275.00 |
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31-22-24 Operation of interior lights 85.00 |
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31-23-1(b)(2) U.S. department of transportation motor carrier safety rules and regulations |
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Not less than $85.00 |
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or more than $500.00 |
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31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00 |
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31-23-1(e)(7) Operation of an "out of service vehicle" 100.00 |
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31-23-2(b) Installation or adjustment of unsafe prohibited parts, equipment, or accessories: |
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(first offense) 250.00 |
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(second offense) 500.00 |
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(third and subsequent offenses) 1,000.00 |
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4-115 |
31-23-4 Brake equipment required 85.00 |
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4-116 |
31-23-8 Horn required 85.00 |
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31-23-10 Sirens prohibited 85.00 |
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31-23-13 Muffler required 85.00 |
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4-119 |
31-23-13.1 Altering height or operating a motor vehicle with an altered height 85.00 |
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4-120 |
31-23-14 Prevention of excessive fumes or smoke 85.00 |
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5-121 |
31-23-16 Windshield and window stickers (visibility) 85.00 |
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5-122 |
31-23-17 Windshield wipers 85.00 |
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5-123 |
31-23-19 Metal tires prohibited 85.00 |
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5-124 |
31-23-20 Protuberances on tires 85.00 |
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5-125 |
31-23-26 Fenders and wheel flaps required 85.00 |
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5-126 |
31-23-27 Rear wheel flaps on buses, trucks and trailers 85.00 |
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5-127 |
31-23-29 Flares or red flag required over four thousand pounds (4,000 lbs.) 85.00 |
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5-128 |
31-23-40 Approved types of seat belt requirements 85.00 |
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5-129 |
31-23-42.1 Special mirror - school bus 85.00 |
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31-23-43 Chocks required (1 pair) - over four thousand pounds (4,000 lbs.) 85.00 |
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5-131 |
31-23-45 Tire treads - defective tires 85.00 |
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5-132 |
31-23-47 Slow moving emblem required 85.00 |
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5-133 |
31-23-49 Transportation of gasoline - passenger vehicle 85.00 |
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31-23-51 Operating bike or motor vehicle wearing ear phones |
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(first offense) 85.00 |
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second offense 95.00 |
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or the third and each subsequent offense 140.00 |
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5-138 |
31-24-1 Times when lights required 85.00 |
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through |
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5-140 |
31-24-54 |
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5-141 |
31-25-03 Maximum width of one hundred and two inches (102") exceeded 85.00 |
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5-142 |
31-25-04 Maximum height of one hundred sixty-two inches (162") exceeded 85.00 |
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5-143 |
31-25-06 Maximum number and length of coupled vehicles 500.00 |
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31-25-07 Load extending three feet (3') front, six feet (6') rear exceeded 85.00 |
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5-145 |
31-25-9 Leaking load 85.00 |
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5-146 |
31-25-11 Connections between coupled vehicles 85.00 |
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5-147 |
31-25-12 Towing chain, twelve inch (12") square flag required 85.00 |
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5-148 |
31-25-12.1 Tow truck - use of lanes |
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(first offense) 85.00 |
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second offense 95.00 |
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for the third and each subsequent offense 100.00 |
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5-152 |
31-25-14(d)(1) Maximum weight and tandem axles 125.00 |
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31-25-14(d)(2 Maximum weight and tandem axles 125.00 ) |
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31-25-14(d)(3 )Maximum weight and tandem axles 125.00 |
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31-25-16(c)(2) Maximum weight shown in registration per thousand lbs. |
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overweight or portion thereof. 85.00 |
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6-157 |
31-25-16(c)(3) Maximum weight shown in registration per thousand lbs. |
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overweight or portion thereof. 125.00 |
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31-25-16(c)(4) Maximum weight shown in registration 1,025.00 |
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plus $125.00 |
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per thousand pounds overweight or portion thereof. |
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6-162 |
31-25-17 Identification of trucks and truck-tractors |
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(first offense) 85.00 |
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6-164 |
(second offense) 95.00 |
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or the third and subsequent offenses 125.00 |
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6-166 |
31-25-24 Carrying and inspection of excess load limit 175.00 |
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6-167 |
31-25-27(c) Maximum axle |
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(first offense) 3,000.00 |
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not to exceed 5,000.00 |
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for each and every subsequent offense |
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31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River Bridge |
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(first offense) 3,000.00 |
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not to exceed 5,000.00 |
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for each and every subsequent offense |
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6-175 |
31-27-2.3 Refusal to take preliminary breath test 85.00 |
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6-176 |
31-28-7(d) Wrongful use of handicapped parking placard 500.00 |
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6-177 |
31-28-7(f) Handicapped parking space violation: First offense 100.00 |
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6-178 |
Second offense 175.00 |
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6-179 |
Third offense and subsequent offenses 325.00 |
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6-180 |
31-28-7.1(e) Wrongful use of institutional handicapped parking placard 125.00 |
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6-181 |
31-33-2 Failure to file accident report 85.00 |
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6-182 |
31-36.1-17 No fuel tax stamp (out-of-state) 85.00 |
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6-183 |
and not exceeding for subsequent offense ($100) |
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6-184 |
31-38-3 No inspection sticker 85.00 |
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6-185 |
31-38-4 Violation of inspection laws 85.00 |
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6-186 |
31-47.2-06 Heavy-duty vehicle emission inspections: First offense 125.00 |
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6-187 |
Second offense 525.00 |
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6-188 |
Third and subsequent offenses 1,025.00 |
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7-189 |
37-15-7 Littering not less than 55.00 |
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7-190 |
not more than five hundred dollars ($500) |
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7-191 |
39-12-26 Public carriers violation 300.00 |
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SPEEDING Fine |
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Fine |
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(A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $95.00 |
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7-195 |
(B) Eleven miles per hour (11 mph) in excess of posted speed limit with |
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a fine of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. 205.00 |
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minimum |
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(b) In addition to any other penalties provided by law, a judge may impose the following |
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penalties for speeding: |
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(1) For speeds up to and including ten miles per hour (10 mph) over the posted speed |
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limit on public highways, a fine as provided for in subsection (a) of this section for the first |
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offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second |
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offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for |
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each mile in excess of the speed limit for the third and any subsequent offense if within twelve |
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(12) months of the first offense. In addition, the license may be suspended up to thirty (30) days. |
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(2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on |
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public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for |
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the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the |
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second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per |
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mile for each mile in excess of the speed limit for the third and subsequent offense if within |
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twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) |
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days. |
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(c) Any driver of a vehicle who pleads guilty to or is adjudicated to be in violation of |
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subsection 31-14-2(a)(4) (prima facie limits for school zone), the fine for said traffic violation |
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shall be twice the amount otherwise set by chapter 31-41.1. |
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chapter 8.2 of title 8 shall not be subject to any additional costs or assessments, including, but not |
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limited to, the hearing fee established in section 8-18-4 or assessment for substance abuse |
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prevention. |
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SECTION 2. This act shall take effect upon passage. |
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LC02259 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC | |
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OFFENSES | |
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This act would double the fine for a driver who pleads guilty or is found to be in violation |
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of the motor vehicle law on school zones. |
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This act would take effect upon passage. |
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LC02259 | |
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