2021 -- H 6053

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LC001943

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- AUTOMATED SCHOOL-ZONE-

SPEED-ENFORCEMENT SYSTEM ACT OF 2016

     Introduced By: Representative Jean Phillipe Barros

     Date Introduced: March 02, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-41.2-6 of the General Laws in Chapter 31-41.2 entitled

"Automated Traffic Violation Monitoring Systems" is hereby amended to read as follows:

     31-41.2-6. Driver/registered owner liability.

     (a) The registered owner of the motor vehicle shall be primarily responsible in all

prosecutions brought pursuant to the provisions of this chapter except as otherwise provided in this

section.

     (b) In all prosecutions of civil traffic violations based on evidence obtained from an

automated traffic violation detection system, the registered owner of a vehicle which has been

operated in violation of a civil traffic violation, may be liable for such violation. The registered

owner of the vehicle may assume liability for the violation by paying the fine; or by defending the

violation pursuant to the procedures in § 31-41.2-4.

     (c) The lessee of a leased vehicle shall be considered the owner of a motor vehicle for

purposes of this section.

     (d) The owner of a rented or leased motor vehicle shall be entitled to establish non-liability

for violations under this section by providing to the traffic tribunal or any municipality which has

jurisdiction over parking tickets, a copy of a written rental or lease agreement which shall be prima

facie evidence that the lessee was the operator of the vehicle.

     (e) The issuing authority shall provide to the owner of a rented or leased vehicle a notice,

in writing, of each parking violation in which a motor vehicle owned by the rental or leasing

company is involved, including the license number of the vehicle and the date and time of the

parking violation. Upon receipt of this notice the owner of a rented or leased vehicle shall inform

the issuing authority, within twenty (20) days, to the extent available, the operator's name, home

address, employer, employer's address, and local address, if any.

     The renter or lessee shall not be considered an agent of the owner if the owner is engaged

in the business of renting or leasing vehicles.

     SECTION 2. Section 31-41.3-10 of the General Laws in Chapter 31-41.3 entitled

"Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as

follows:

     31-41.3-10. Driver/registered owner liability.

     (a) The registered owner of the motor vehicle shall be primarily responsible in all

prosecutions brought pursuant to the provisions of this chapter, except as otherwise provided in this

section.

     (b) In all prosecutions of civil school-zone violations based on evidence obtained from an

automated traffic-speed-enforcement system, the registered owner of a vehicle which has been

operated in violation of a civil traffic violation, may be liable for such violation. The registered

owner of the vehicle may assume liability for the violation by paying the fine, or by defending the

violation pursuant to the remedies available under the law.

     (c) The lessee of a leased vehicle shall be considered the owner of a motor vehicle for

purposes of this section.

     (d) The owner of a rented or leased motor vehicle shall be entitled to establish non-liability

for violations under this section by providing to the traffic tribunal or any municipality which has

jurisdiction over parking tickets, a copy of a written rental or lease agreement which shall be prima

facie evidence that the lessee was the operator of the vehicle.

     (e) The issuing authority shall provide to the owner of a rented or leased vehicle a notice,

in writing, of each parking violation in which a motor vehicle owned by the rental or leasing

company is involved, including the license number of the vehicle and the date and time of the

parking violation. Upon receipt of this notice the owner of a rented or leased vehicle shall inform

the issuing authority, within twenty (20) days, to the extent available, the operator's name, home

address, employer, employer's address, and local address, if any.

     The renter or lessee shall not be considered an agent of the owner if the owner is engaged

in the business of renting or leasing vehicles.

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     SECTION 3. 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 -- AUTOMATED SCHOOL-ZONE-

SPEED-ENFORCEMENT SYSTEM ACT OF 2016

***

     This act would allow the owner of a rented or leased motor vehicle to establish non-liability

for parking violations by providing a copy of the lease agreement to the municipality or the traffic

tribunal.

     This act would take effect upon passage.

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