2018 -- H 8128

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LC005521

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES

     

     Introduced By: Representatives Lima, Ucci, Messier, Costantino, and McNamara

     Date Introduced: April 27, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

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VEHICLES" is hereby amended by adding thereto the following chapter:

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CHAPTER 18.1

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FREE FLOWING ACCESS TO AND AROUND STATE HIGHWAYS AND CROSSWALKS

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     31-18.1-1. Definitions.

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     As used in this section:

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     (1) "Active lane of travel" means the entire width of every travel lane of every state or

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municipal highway used for the purposes of movement of vehicles from one destination to

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another, not including shoulders.

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     (2) "Shoulder" means the portion of the roadway contiguous with the traveled way that

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accommodates stopped vehicles, emergency use, and lateral support of the subbase, base, and

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surface courses.

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     31-18.1-2. Findings.

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     The general assembly finds as follows:

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     (1) Standing in the roadway, on medians dividing highways and in crosswalks or in or on

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any highway creates a hazard for pedestrians and motorists.

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     (2) The purpose of highway medians includes dividing the flow of traffic and preventing

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head on collisions.

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     (3) Research shows that in 2006 alone there were eight hundred twenty-one (821) median

 

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crossover crashes that resulted in fatalities. Further studies show that in 2013 there were four

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thousand seven hundred thirty-five (4,735) pedestrian fatalities and an estimated sixty-six

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thousand (66,000) injured in traffic crashes in the United States and in the period between

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January and June 2015 two thousand three hundred sixty-eight (2,368) pedestrians were killed as

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a result of automobile accidents.

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     (4) It is the goal of this legislation to reduce the amount of injuries and fatalities suffered

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by pedestrians and motorists in crosswalks, and on points of egress and ingress to state highways.

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     (5) It is not the general assembly's intent to prohibit anyone's right to "panhandle" but

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rather to provide a safe environment for the "panhandler" and the motoring public.

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     31-18 .1-3. Prohibiting solicitations from a motor vehicle in an active lane of travel.

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     (a) No operator of an motor vehicle, as defined in § 31-1-3, or a passenger therein shall

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pass anything from inside a motor vehicle to any individual or group of individuals outside the

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motor vehicle while the motor vehicle is in an active lane of travel as defined in § 31-18.1-1.

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     (b) Nothing in this chapter shall prevent any individual from soliciting from an operator

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of a motor vehicle or passenger therein when not in an active lane of travel.

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     (c) Nothing in this chapter shall prevent an operator of a motor vehicle or passenger

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therein from passing anything to an individual outside the motor vehicle when not in an active

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lane of travel.

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     (d) A city or town may by ordinance establish a procedure for the issuance of special

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solicitation permits to any individual, group of individuals or organization to solicit from a motor

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vehicle currently in the active lane of travel provided that:

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     (1) The issuance of these special solicitation permits shall be limited to no more than two

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(2) times a year and shall require a valid certificate of liability from the individual, group of

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individuals or organization applying for the permit.

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     (2) The city or town shall establish safety rules and regulations for the issuance of the

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special solicitation permits.

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     (3) The individual, group of individuals or organization applying for the permit shall

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meet all safety requirements established by the city or town for the issuance of the special

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solicitations permits.

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     (4) The provisions of this chapter shall not apply to the collection of tolls on any

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municipal, state road or highway.

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     31-18.1-4. Penalties.

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     (a) Any person who, following a notice to refrain from the prohibited activity, knowingly

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violates a provision of this chapter shall be punished as follows:

 

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     (1) For a first violation, by a fine of up to one hundred dollars ($100);

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     (2) For a second violation, by a fine of up to one hundred fifty dollars ($150); and

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     (3) For a third and subsequent violation, by a fine of up to two hundred fifty dollars

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($250).

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES

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     This act would provide that no person shall pass any item to another person while located

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in an active lane of travel without a special solicitation permit issued by the city or town.

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     This act would take effect upon passage.

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