2019 -- H 5464

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - MOTORCYCLE CHARITY RIDES

     Introduced By: Representatives Jacquard, Bennett, Solomon, and Chippendale

     Date Introduced: February 14, 2019

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 54

MOTORCYCLE CHARITY RIDES

     31-54-1. Event permit.

     (a) Every organizer of a motorcycle charity ride shall make application to the Rhode

Island department of transportation and receive an approved parade/event permit prior to the

operation of any motorcycle charity ride on state roads.

     (b) The organizer of a motorcycle charity ride shall comply with any conditions or

stipulations specified by the department of transportation in approval and issuance of the

parade/event permit.

     (c) Nothing within this chapter shall prohibit any municipality from requiring the

motorcycle charity ride to comply with municipal ordinances, regulations, and permit

requirements for operation of a motorcycle charity ride on municipal roadways pursuant to § 31-

12-12.

     31-54-2. Motorcycle charity rides.

     (a) Operators of motorcycles in a charity ride must exercise due care when participating

in the charity ride.

     (b) A motorcycle in a charity ride shall follow the preceding motorcycle in the charity

ride as closely as is practicable and safe. Any ordinance, law, or regulation requiring that

motorcycles be operated to allow sufficient space between them to enable another vehicle to enter

and occupy that space without danger shall not be applicable to motorcycles in a charity ride.

     (c) The operator of a motorcycle in a charity ride may not drive the motorcycle at a speed

greater than:

     (1) Fifty-five (55) miles per hour on a highway where the posted speed limit is fifty-five

(55) miles per hour or more; or

     (2) Five (5) miles per hour below the posted speed limit on other streets or roads.

     (d) A motorcycle being operated in any charity ride must have its headlights and tail

lights illuminated.

     (e) The turn signals must be flashing simultaneously as warning lights on a motorcycle

that is the first vehicle in a charity ride and that motorcycle which the operator has reason to

believe is the last motorcycle in the charity ride.

     31-54-3. Right-of-way.

     (a) Except as provided in subsection (d) of this section, pedestrians and operators of all

vehicles shall yield the right-of-way to any motorcycle which is part of a charity ride being led by

a police escort vehicle.

     (b) Whenever the police escort vehicle lawfully enters an intersection, either by reason of

a traffic control device or at the direction of law enforcement personnel, the remaining

motorcycles in the charity ride may continue to follow the police escort vehicle through the

intersection despite any traffic control devices or right-of-way provisions of state or local

ordinances; provided, the operator of each vehicle exercises reasonable care toward any other

vehicle or pedestrian on the roadway.

     (c) Except as provided in subsection (d) of this section, an operator of a police escort

vehicle may direct the operators of motorcycles in a charity ride to proceed through an

intersection or to make turns or other movements despite any traffic control device. The operator

of a police escort vehicle may direct and control the operators of vehicles not in a charity ride,

including those in or approaching an intersection, to stop, proceed, or make turns or other

movements without regard to a traffic control device. Police escort vehicles may exceed the speed

limit when overtaking the charity ride to direct traffic at the next intersection.

     (d) Motorcycle charity ride participants led by a police escort vehicle shall have the right-

of-way at intersections regardless of traffic control devices, subject to the following conditions

and exceptions:

     (1) Operators of motorcycles in a charity ride shall yield the right-of-way to an

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approaching emergency vehicle giving an audible or visible signal;

     (2) Operators of motorcycles in a charity ride shall yield the right-of-way when directed

to do so by law enforcement personnel; and

     (3) Operators of motorcycles in a charity ride must exercise due care when participating

in a charity ride.

     31-54-4. Vehicles not in charity ride.

     The operator of a vehicle that is not part of a motorcycle charity ride may not:

     (1) Drive between the motorcycles engaged in the charity ride while they are in motion

except when authorized to do so by law enforcement personnel or when driving an authorized

emergency vehicle emitting an audible or visible signal.

     (2) Join a motorcycle charity ride to secure the right-of-way as granted by this chapter.

     (3) Pass a motorcycle charity ride on a multiple lane highway on the charity ride's right

side unless a funeral procession is in the farthest left lane.

     (4) Enter an intersection, even if the operator is facing a green traffic control signal, when

a charity ride is proceeding through a red traffic control signal at the intersection as permitted

under this chapter, unless the operator can do so without crossing the path of the charity ride. If

the red signal changes to green while the charity ride is within the intersection, the operator of the

vehicle facing a green signal may proceed subject to the right-of-way of a motorcycle

participating in a charity ride.

     (5) Any person who willfully violates this section shall be guilty of a civil violation, and

shall be punished by a fine of not more than five hundred dollars ($500).

     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 - MOTORCYCLE CHARITY RIDES

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     This act would provide that organizers of motorcycle charity rides receive a permit from

the department of transportation. Motorcycle charity rides with a police escort may proceed

through an intersection despite traffic control devices.

     This act would take effect upon passage.

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