2018 -- H 8148 SUBSTITUTE A

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LC005564/SUB A

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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 -- MISCELLANEOUS RULES--MOTOR

VEHICLE OFFENSES

     

     Introduced By: Representatives McEntee, and Craven

     Date Introduced: May 02, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-22-23 of the General Laws in Chapter 31-22 entitled

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"Miscellaneous Rules" is hereby amended to read as follows:

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     31-22-23. Tow trucks -- Identification required.

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     (a) Every motor vehicle used for the purpose of for hire towing or assisting disabled

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motor vehicles regulated pursuant to § 39-12-6 shall display, in sharp color contrast to the

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background, and be of such size, shape, and color as to be readily legible during daylight hours,

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from a distance of fifty feet (50') while the vehicle is not in motion; the name, address, and

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telephone number of the registered owner shall be displayed on both sides of the vehicle.

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     (b) Any person violating this section shall be fined as provided in § 31-41.1-4.

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     (c) Any vehicle, except those vehicles exempt from regulation pursuant to the provisions

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of § 39-12-3, which are used for the purpose of towing or assisting disabled motor vehicles,

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which does not have a towing certificate issued by the division of public utilities must shall have

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the name and address of the registered owner displayed on both sides of the vehicle and shall

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have the words "Limited Towing" "Not for Hire" lettered upon the hood or fenders of the vehicle

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and shall not display a telephone number nor display the words "tow" or "towing" on the exterior

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of the vehicle. The letters must be four inches (4") high in a color which contrasts with the

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vehicle color and must be on both sides of the hood or both sides of the front fender.

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     (d) Any person who shall violate this provision shall be fined not more than one hundred

 

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dollars ($100) upon conviction for a first offense, not more than two hundred and fifty dollars

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($250) upon conviction for a second offense, and for each subsequent conviction may be fined

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not more than five hundred dollars ($500).

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     (e) Any owner of a motor vehicle used for towing who shall knowingly operate the motor

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vehicle or knowingly permit the vehicle to be operated for towing in this state in violation of this

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section, and any person who shall operate a motor vehicle for towing in violation of this section

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shall be fined, and be subject to suspension of license and registration as follows:

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     (1) For a first offense, a person may be fined not more than one hundred dollars ($100);

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     (2) For a second offense, a person may be fined not more than two hundred fifty dollars

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($250);

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     (3) For a third and subsequent offense, a suspension of a license or registration, or both,

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of up to one year. Additionally, any person violating this section a third or subsequent time shall

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be punished as a civil violation and may be fined one thousand dollars ($1,000).

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     (f) An order of suspension and impoundment of a license or registration, or both, shall

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state that date on or before which the person is required to surrender the person's license or

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certificate of registration and registration plates. The person is deemed to have surrendered the

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license of certificate of registration and registration plates, in compliance with the order, if the

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person does either of the following:

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     (1) On or before the date specified in the order, personally delivers the license or

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certificate of registration and registration plates, or causes the delivery of those items, to the

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administrator of the division of motor vehicles or court, whichever issued the order;

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     (2) Mails the license or certificate of registration and registration plates to the

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administrator of the division of motor vehicles, in an envelope or container bearing a postmark

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showing a date no later than the date specified in the order.

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     (g) The administrator of the division of motor vehicles shall not restore any operating

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privileges or registration rights suspended under this section or return any license, certificate of

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registration, or registration plates impounded under this section unless the rights are not subject to

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suspension or revocation under any other law and unless the person, in addition to complying

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with all other conditions required by law for reinstatement of operating privileges or registration

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rights, pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be increased,

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upon approval of the administrator of the division of motor vehicles, up to an amount not

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exceeding fifty dollars ($50.00).

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     SECTION 2. Section 31-27-2.1 of the General Laws in Chapter 31-27 entitled "Motor

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Vehicle Offenses" is hereby amended to read as follows:

 

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     31-27-2.1. Refusal to submit to chemical test.

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     (a) Any person who operates a motor vehicle within this state shall be deemed to have

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given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose

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of determining the chemical content of his or her body fluids or breath. No more than two (2)

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complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or

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any controlled substance, as defined in § 21-28-1.02(8), shall be administered at the direction of a

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law enforcement officer having reasonable grounds to believe the person to have been driving a

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motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any

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controlled substance, as defined in chapter 28 of title 21, or any combination of these. The

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director of the department of health is empowered to make and file, with the secretary of state,

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regulations that prescribe the techniques and methods of chemical analysis of the person's body

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fluids or breath and the qualifications and certification of individuals authorized to administer the

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testing and analysis.

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     (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the

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person may file an affidavit with the division of motor vehicles stating the reasons why he or she

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cannot be required to take blood tests and a notation to this effect shall be made on his or her

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license. If that person is asked to submit to chemical tests as provided under this chapter, the

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person shall only be required to submit to chemical tests of his or her breath or urine. When a

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person is requested to submit to blood tests, only a physician or registered nurse, or a medical

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technician certified under regulations promulgated by the director of the department of health,

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may withdraw blood for the purpose of determining the alcoholic content in it. This limitation

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shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to

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have a physician of his or her own choosing, and at his or her own expense, administer chemical

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tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction

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of a law enforcement officer. If a person, having been placed under arrest, refuses upon the

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request of a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be

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given, but a judge or magistrate of the traffic tribunal or district court judge or magistrate, upon

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receipt of a report of a law enforcement officer: that he or she had reasonable grounds to believe

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the arrested person had been driving a motor vehicle within this state under the influence of

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intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or

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any combination of these; that the person had been informed of his or her rights in accordance

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with § 31-27-3; that the person had been informed of the penalties incurred as a result of

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noncompliance with this section; and that the person had refused to submit to the tests upon the

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request of a law enforcement officer; shall promptly order that the person's operator's license or

 

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privilege to operate a motor vehicle in this state be immediately suspended, however, said

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suspension shall be subject to the hardship provisions enumerated in § 31-27-2.8. Each person

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who refuses the request of a law enforcement officer to submit to the tests, as provided in § 31-

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27-2.1 shall have the vehicle driven by the operator impounded for a period of twelve (12) hours

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after the operator's refusal, with the costs for the towing, storage and maintenance of the vehicle

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to be borne by the operator. A traffic tribunal judge or magistrate, or a district court judge or

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magistrate, pursuant to the terms of subsection (c), shall order as follows:

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     (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to

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five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of

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public community restitution. The person's driving license in this state shall be suspended for a

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period of six (6) months to one year. The traffic tribunal judge or magistrate shall require

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attendance at a special course on driving while intoxicated or under the influence of a controlled

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substance and/or alcohol or drug treatment for the individual. The traffic tribunal judge or

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magistrate may prohibit that person from operating a motor vehicle that is not equipped with an

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ignition interlock system as provided in § 31-27-2.8.

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     (2) Every person convicted for a second violation within a five-year (5) period, except

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with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall

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be imprisoned for not more than six (6) months; and shall pay a fine in the amount of six hundred

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dollars ($600) to one thousand dollars ($1,000), order the person to perform sixty (60) to one

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hundred (100) hours of public community restitution; and the person's driving license in this state

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shall be suspended for a period of one year to two (2) years. The judge or magistrate shall require

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alcohol and/or drug treatment for the individual. The sentencing judge or magistrate shall prohibit

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that person from operating a motor vehicle that is not equipped with an ignition interlock system

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as provided in § 31-27-2.8.

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     (3) Every person convicted for a third or subsequent violation within a five-year (5)

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period, except with respect to cases of refusal to submit to a blood test, shall be guilty of a

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misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars

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($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of

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public community restitution; and the person's operator's license in this state shall be suspended

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for a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit

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that person from operating a motor vehicle that is not equipped with an ignition interlock system

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as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or drug treatment for

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the individual. Provided, that prior to the reinstatement of a license to a person charged with a

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third or subsequent violation within a three-year (3) period, a hearing shall be held before a judge

 

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or magistrate. At the hearing, the judge or magistrate shall review the person's driving record, his

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or her employment history, family background, and any other pertinent factors that would

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indicate that the person has demonstrated behavior that warrants the reinstatement of his or her

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license.

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     (4) For a second violation within a five-year (5) period with respect to a case of a refusal

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to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand

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dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public

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community restitution; and the person's driving license in this state shall be suspended for a

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period of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the

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individual. The sentencing judicial officer shall prohibit that person from operating a motor

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vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. Such a

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violation with respect to refusal to submit to a chemical blood test shall be a civil offense.

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     (5) For a third or subsequent violation within a five-year (5) period with respect to a case

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of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one

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thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of

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public community restitution; and the person's driving license in this state shall be suspended for

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a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from

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operating a motor vehicle that is not equipped with an ignition interlock system as provided in §

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31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the individual. Such

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a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense.

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Provided, that prior to the reinstatement of a license to a person charged with a third or

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subsequent violation within a three-year (3) period, a hearing shall be held before a judicial

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officer. At the hearing, the judicial officer shall review the person's driving record, his or her

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employment history, family background, and any other pertinent factors that would indicate that

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the person has demonstrated behavior that warrants the reinstatement of their license.

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     (6) For purposes of determining the period of license suspension, a prior violation shall

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constitute any charge brought and sustained under the provisions of this section or § 31-27-2.

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     (7) In addition to any other fines, a highway safety assessment of five hundred dollars

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($500) shall be paid by any person found in violation of this section, the assessment to be

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deposited into the general fund. The assessment provided for by this subsection shall be collected

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from a violator before any other fines authorized by this section.

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     (8) In addition to any other fines and highway safety assessments, a two hundred dollar

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($200) assessment shall be paid by any person found in violation of this section to support the

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department of health's chemical testing programs outlined in § 31-27-2(4), that shall be deposited

 

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as general revenues, not restricted receipts.

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     (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

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driving while intoxicated or under the influence of a controlled substance, or public community

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restitution provided for under this section can be suspended.

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     (c) Upon suspending or refusing to issue a license or permit as provided in subsection (a),

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the traffic tribunal or district court shall immediately notify the person involved in writing, and

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upon his or her request, within fifteen (15) days, shall afford the person an opportunity for a

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hearing as early as practical upon receipt of a request in writing. Upon a hearing, the judge may

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administer oaths and may issue subpoenas for the attendance of witnesses and the production of

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relevant books and papers. If the judge finds after the hearing that:

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     (1) The law enforcement officer making the sworn report had reasonable grounds to

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believe that the arrested person had been driving a motor vehicle within this state while under the

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influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of

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title 21, or any combination of these;

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     (2) The person, while under arrest, refused to submit to the tests upon the request of a law

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enforcement officer;

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     (3) The person had been informed of his or her rights in accordance with § 31-27-3; and

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     (4) The person had been informed of the penalties incurred as a result of noncompliance

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with this section, the judge shall sustain the violation. The judge shall then impose the penalties

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set forth in subsection (b). Action by the judge must be taken within seven (7) days after the

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hearing or it shall be presumed that the judge has refused to issue his or her order of suspension.

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     (d) For the purposes of this section, any test of a sample of blood, breath, or urine for the

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presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption

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is considered a chemical test.

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     (e) If any provision of this section, or the application of any provision, shall, for any

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reason, be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the

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section, but shall be confined in this effect to the provisions or application directly involved in the

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controversy giving rise to the judgment.

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     SECTION 3. Sections 39-12.1-2, 39-12.1-12 and 39-12.1-15 of the General Laws in

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Chapter 39-12.1 entitled "The Towing Storage Act" are hereby amended to read as follows:

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     39-12.1-2. Definitions.

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     As used in this chapter, the following words shall have the meaning as set forth in this

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section.

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     (1) "Abandoned vehicle" means (i) a vehicle that is inoperable and over eight (8) years

 

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old and is left unattended on public property for more than forty-eight (48) hours, or (ii) a vehicle

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that has remained illegally on public property for a period of more than three (3) days, or (iii) a

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vehicle that has remained on private property without the consent of the owner or person in

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control of the property for more than three (3) days.

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     (2) "Abandoned vehicle of no value" means (i) a motor vehicle that is inoperable and

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over ten (10) years old and is left unattended on public property for more than forty-eight (48)

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hours, or (ii) a vehicle that has remained illegally on public property for a period of more than

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three (3) days, or (iii) a vehicle that has remained on private property without the consent of the

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owner or person in control of the property for more than three (3) days, and meets the following

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criteria:

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     (A) The vehicle has no evidence of current registration in or upon the vehicle; and

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     (B) The vehicle has a fair market value of five hundred dollars ($500) or less; and

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     (C) The vehicle does not have a valid inspection sticker.

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     (3) "After hours release of a vehicle" means the release or return of an operable motor

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vehicle by a tow vehicle operator to the vehicle owner, the owner's agent or an authorized

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operator.

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     (3)(4) "Certificated tower" means a carrier possessing a certificate of public convenience

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and necessity issued by the public utilities administrator for the purpose of transporting vehicles

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by tow-away method.

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     (5) "Collision debris" means broken or damaged vehicle parts that are separated or

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removed from the vehicle to include, but not limited to: shattered glass, body panels, bumpers,

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wheels or drive train. Collision debris shall not include any cargo or fluids to include, but not

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limited to: engine oil, gasoline, transmission oil, antifreeze or battery acid.

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     (6) "Complicated recovery" means the recovery of a vehicle that:

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     (i) Requires the use of multiple tow vehicles to recover the vehicle from a hazard

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situation;

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     (ii) Requires the unloading of cargo or a load prior to towing;

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     (iii) Requires the removal of substantial collision debris prior to or related to the towing;

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     (iv) Involves water recovery of a vehicle submerged in excess of twelve inches (12") of

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water;

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     (v) Involves the loading, reloading or removal of cargo, vehicle load, trailer, livestock or

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camper; or

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     (vi) Involves conditions or circumstances extraordinary in nature.

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     (4)(7) "Legal owner" means the person who has obtained ownership of a vehicle by any

 

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legal means but has not caused the vehicle to be registered with the division of motor vehicles.

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     (5)(8) "Police department" means the police department of a city or town or the Rhode

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Island state department police.

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     (6)(9) "Possessory lien" means the right to retain possession of a vehicle and motor

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vehicle registration plates against all claims of the owner and/or security lien or until all charges

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are paid for recovery, towing, storage in accordance with the certificated tower's tariff.

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     (7)(10) "Private trespass" means the unattended presence of a vehicle on private property

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without the consent of the owner or person in control thereof.

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     (11) "Recovery" means the moving, lifting or righting of a vehicle from a position of

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hazard or from a position or location from which the vehicle is incapable of being operated under

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the vehicle's own power.

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     (8)(12) "Registered owner" means the person recorded in the division of motor vehicles

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as being the one to whom the registration of the vehicle was issued.

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     (13) "Secure storage" means vehicle storage that is either indoors or an area that is lighted

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and enclosed by a fence, wall or barrier that is at least six feet (6') high.

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     (14) "Seizure" means any vehicle removed from a public roadway pursuant to a lawful

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police order to a police department impound lot for investigation.

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     (15) "Simple water recovery" means the recovery of a vehicle which is partially

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submerged in twelve inches (12") of water or less and the water impedes the recovery effort.

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     (9)(16) "Tow truck" means any motor vehicle designed and/or ordinarily used for the

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purpose of towing or removing vehicles or assisting disabled motor vehicles.

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     (10)(17) "Unattended vehicle" means any vehicle other than an "abandoned vehicle" or

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"abandoned vehicle of no value" as which meets the following criteria:

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     (i) Left unoccupied in a place or for a time period prohibited by law or municipal

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ordinance or so as to cause traffic congestion or hazard; or

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     (ii) From which the operator or owner thereof has been removed by any member of a

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police department in the performance of his or her official duties; or

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     (iii) Left on public or private property without the consent of the owner or person in

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control thereof, or one having the exclusive right to the use thereof.

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     (11)(18) "Vehicle" means any motor vehicle as defined in § 39-12-2(m).

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     (12)(19) "Vehicle survey report" means a report printed in the form provided in § 31-42-

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1(f).

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     39-12.1-12. Private trespass towing.

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     (a) The owner or person in control of any parcel of property may cause to be removed

 

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from the property vehicles which are trespassing upon the property without the consent of the

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owner or person in control of the property by retaining, in writing, a certificated tower to remove

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the trespassing vehicle and relocate the vehicle to its private impoundment lot; and this procedure

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may be undertaken and accomplished without the need to resort to the judicial process; provided,

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however, that the impoundment lot shall be within ten (10) miles of the point of removal; and

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provided further that the lot shall be open for business to release the vehicle the same hours it is

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open to receive the vehicle; and provided further that there shall be posted on the outside of the

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office of the lot the business hours.

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     (b) All charges for towing, in accordance with the published tariff and storage shall be

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borne by the last registered and/or legal owner of the vehicle for which charges the certificated

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tower shall have a possessory lien as set forth elsewhere in this chapter; provided, however, that

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should the last registered and/or legal owner prove through judicial process that the vehicle was

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not in fact trespassing on the property of the owner or person in control, the charges shall be

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borne by the owner or person in control of the property who ordered the towing, removal,

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relocation and storage. The last registered and/or legal owner shall, however, as a prerequisite to

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procedure to recover the charges from the owner or person in control of the property, pay in full

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all charges assessed due the certificated tower in accordance with its published tariff.

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     (c) A certificated tower shall remove vehicles from private property at the direction of the

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owner or person in control thereof only upon receiving the direction in writing, which writing and

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notice shall be kept in the records of the certificated tower and which writing shall be a complete

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defense to any civil and criminal charges resulting from removal of the vehicle. A certificated

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tower shall receive a separate writing for each vehicle towed, and the vehicle to be towed shall be

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specifically identified in the writing. An electronic notification may satisfy the writing provisions

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of this section.

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     39-12.1-15. Enforcement and administration of chapter.

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     The public utilities administrator shall supervise, regulate, and enforce the provisions of

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this chapter. The administrator shall have the power to promulgate rules and regulations to

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include, but not limited to: recovery of vehicles; simple water recovery and complicated recovery

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of vehicles; removal of collision debris; after hours release of a vehicle; and secure storage of

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vehicles.

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     SECTION 4. Chapter 39-12.1 of the General Laws entitled "The Towing Storage Act" is

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hereby amended by adding thereto the following section:

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     39-12.1-12.1. Seizure of vehicle by police.

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     (a) Any vehicle removed from a public roadway pursuant to a lawful order issued by a

 

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police officer for investigation and transported to the police station for processing shall not be

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released to the registered owner, lessor and/or a rental car company by the police until the cost of

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the removal has been paid either to the police department or the tow truck operator.

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     (b)(1) Any unregistered motor vehicle removed from a public roadway pursuant to a

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lawful order issued by a police officer and transported to the tow truck operator's storage facility

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shall not be released to the legal owner, lessor and/or a rental car company by the tow truck

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operator until the cost of the removal and storage have been paid and proof of a valid registration

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is presented.

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     (2) In the event the legal owner, lessor and/or a rental car company fails to present a valid

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certificate of registration, the vehicle may be towed out of the storage facility, by any certificated

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tower of the legal owner's choice, to wherever the legal owner wishes, upon payment of the

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original towing cost, and associated storage fees and any additional towing costs associated with

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the towed-removal of the vehicle from the storage lot.

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     (c) A tow truck operator with a certificate of public convenience and necessity issued

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pursuant to § 39-12-6 shall not be liable in any civil or criminal action for release or return of an

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unregistered vehicle to the legal owner, an authorized agent of the owner, or lessor and/or a rental

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car company.

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     SECTION 5. 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 -- MISCELLANEOUS RULES--MOTOR

VEHICLE OFFENSES

***

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     This act would amend the towing storage act and would clarify issues related to the

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towing and storage of vehicles. The act would provide that non-certificated towers have "Not for

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Hire" lettered on their vehicle. The act would provide for penalties up to and including a one

4

thousand dollars ($1,000) fine and suspension of license and/or registration for third and

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subsequent offenses for violation by a non-certificated tower. The act would also provide that an

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operator of a motor vehicle who refuses to submit to a chemical test would have the vehicle

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impounded for twelve (12) hours.

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     This act would take effect upon passage.

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