A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- MISCELLANEOUS RULES
It is enacted by the General Assembly as follows:
SECTION 1. Section 31-22-22 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby amended to read as follows:
31-22-22. Safety belt use -- Child restraint. -- (a) Any person transporting a child under the age of four (4) years in a motor vehicle operated on the roadways, streets, or highways of this state shall provide for the protection of the child and properly use a child restraint system approved by the United States department of transportation under Federal Standard 213.
(b)(1) (a)(1) Any person transporting a child under the age of six (6) seven (7), less than fifty-four (54) inches in height and less than eighty (80) pounds in a motor vehicle operated on the roadways, streets, or highways of this state, shall transport the child in the back seat of the motor vehicle properly restrained in a child restraint system approved by the United States department of transportation under Federal Standard 213 or if the child is between the ages of four (4) to six (6) under seven (7) years old but at least fifty-four (54) inches in height, or at least eighty (80) pounds the child shall be properly wearing a safety belt and/or shoulder harness approved by the department of transportation pursuant to federal standard 208 in the back seat of the motor vehicle unless: .
This subsection is inapplicable if:
(i) The vehicle is not equipped with a back seat; or
(ii) All back seating positions are being utilized by other children.
(2) In no event shall failure to wear a child restraint system or safety belt be considered as contributory or comparative negligence, nor shall the failure to wear a child restraint system, seat belt, and/or shoulder harness be admissible as evidence in the trial of any civil action.
(b) Any person violating subsection (a) of this section shall be issued a citation. If the cited person presents proof of purchase of a child restraint system approved under Federal Standard 213 to the police department that issued the citation within seven (7) days of issuance, the department shall void the violation. If the person fails to present the proof of purchase, that person shall be required to appear for a hearing before the traffic tribunal. Any person who violates the provisions of subsection (a) and shall be fined one hundred fifty dollars ($150) fifty dollars ($50) for each offense. The conviction shall not be recorded on that person's driving record within the rules and regulations governing chapter 41.1 of this title.
(d) Any person violating subsection (b) of this section shall be fined thirty dollars ($30.00). The conviction shall not be recorded on that person's driving record within the rules and regulations governing chapter 41.1 of this title.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section any person transporting a child properly restrained in a federally approved child restraint system under federal standard 213, but transporting the child in a place other than the backseat, in violation of subsection (b), shall be subject only to the fine contained in subsection (c).
(d) All fines collected for violations of this section are payable to the state. Fifty percent (50%) of the proceeds shall be shared with the municipality whose law enforcement department issued the citation for the violations.
(e) (1) Any operator of a motor vehicle transporting a person thirteen (13) years of age and older in the front or back seat of a motor vehicle operated on the roadways, streets, or highways of this state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by Federal Standard 208.
(2) This subsection applies only to those motor vehicles required by federal law to have safety belts.
(f) (1) Any person operating a motor vehicle shall properly wear a safety belt and/or shoulder harness system, as defined by Federal Standard 208, while the vehicle is in operation on any of the roadways, streets, or highways of the state.
(2) This subsection applies only to those motor vehicles required by federal law to have safety belts.
(g) In no event shall failure to wear a child restraint system or safety belt be considered as negligence, nor the failure to wear the child restraint system or safety belt be admissible as evidence in the trial of any civil action.
(h) Subsections (f), (g), and (m) of this section do not apply to a driver or passenger of:
(1) A passenger motor vehicle manufactured before July 1, 1966;
(2) A passenger motor vehicle in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons. A verification's validity will be for no more than twelve (12) months, at which time a new verification may be issued;
(3) A passenger motor vehicle which is not required to be equipped with a safety seat belt system under federal laws; or
(4) A passenger motor vehicle operated by a letter carrier of the United States postal service while performing the duties of a letter carrier.
(i) A program of public information and education designed to educate the motoring public to the benefits of wearing safety belt systems shall be developed and maintained by the Rhode Island department of transportation's governor's office on highway safety. The Rhode Island department of transportation's office on highway safety, in cooperation with the Rhode Island department of health, shall study the effectiveness of the implementation of this section and shall submit to the general assembly a report containing its findings by July 1, 1999.
(j) Violations of subsections (f) and (g) of this section shall be considered secondary offenses and no motor vehicle may be stopped by any state or municipal law enforcement agency for failure of an operator or passenger to wear a safety belt system or for any violation of subsection (f) or (g) of this section. A motor vehicle may be stopped for failure to comply with the child restraint system as described in subsections (a), (b), and (m) of this section.
(k) Any person violating subsection (f) or (g) (a) of this section shall be fined thirty dollars ($30.00). prior to January 1, 2002 shall be issued a verbal warning only. Any person violating subsection (a) of this section after December 31, 2001 shall be fined fifty dollars ($50.00) but The the conviction shall not be recorded on the person's driving record within the rules and regulations governing chapter 41.1 of this title.
(l) (1) Any operator of a motor vehicle transporting a child between the ages of six (6) seven (7) through twelve (12) in the front or back seat of a motor vehicle operated on the roadways, streets, or highways of the state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by Federal Standard 208.
(2) This subsection applies only to those motor vehicles required by federal law to have safety belts.
SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled "Adjudication of Traffic Offenses" is hereby amended to read as follows:
31-41.1-4. Schedule of violations. -- (a) The table below details the penalties for violations of the enumerated sections. However, those offenses for which punishments vary according to the severity of the offense, or which require the violator to perform a service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter. This list is not exclusive, and jurisdiction may be conferred on the traffic tribunal with regard to other violations:
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VIOLATIONS SCHEDULE |
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|
Section of |
Total |
|
|
General Laws |
Fine |
|
|
8-8.2-2 |
DOT, DEM, or other agency and department violations |
$50.00 |
|
31-3-12 |
Visibility of plates |
50.00 |
|
31-10-32 |
Notice of change of address |
50.00 |
|
31-15-9 |
One way highways |
50.00 |
|
31-14-3 |
Condition requiring reduced speed |
50.00 |
|
31-13-9 |
Flashing signals |
50.00 |
|
31-16-5 |
Turn signal required |
50.00 |
|
31-16-2 |
Manner of turning at intersection |
50.00 |
|
31-21-4 |
Places where parking or stopping prohibited |
50.00 |
|
31-15-6 |
Clearance for overtaking |
50.00 |
|
31-25-10 |
Fastening of load and covering |
50.00 |
|
31-24-1 |
Times when lights required |
50.00 |
|
through |
||
|
31-24-53 |
Safety lights required on food vending vehicles |
|
|
31-15-4 |
Overtaking on left |
50.00 |
|
31-15-5(a) |
Overtaking on right |
50.00 |
|
31-16-6 |
Time of signaling turn |
50.00 |
|
31-17-4 |
Obedience to stop signs |
50.00 |
|
31-22-9 |
Throwing debris on highway - snow removal |
50.00 |
|
31-17-2 |
Vehicle turning left |
50.00 |
|
31-23-15 |
Rear view mirror |
50.00 |
|
31-10.1-4 |
No motorcycle helmet (operator) |
50.00 |
|
31-10.1-6 |
No motorcycle helmet (passenger) |
50.00 |
|
31-15-12 |
Following too closely |
50.00 |
|
31-14-9 |
Below minimum speed |
50.00 |
|
31-15-3 |
Operator left of center |
50.00 |
|
31-15-7 |
Places where overtaking prohibited |
50.00 |
|
31-13-4 |
Obedience to devices |
50.00 |
|
31-38-3 |
No inspection sticker |
50.00 |
|
31-15-16 |
Use of emergency break-down lane for travel |
50.00 |
|
31-3-18 |
Display of plates |
50.00 |
|
31-19-20 |
Sale of new bicycles |
50.00 |
|
31-19-21 |
Sale of used bicycles |
50.00 |
|
31-27-2.3 |
Refusal to take preliminary breath test |
50.00 |
|
24-10-20 |
Park and ride lots |
50.00 |
|
24-10-17 |
Soliciting rides in motor vehicles |
50.00 |
|
24-10-18 |
Backing up prohibited |
50.00 |
|
31-3-32 |
Driving with expired registration |
50.00 |
|
31-3-34 |
Failure to notify division of change of address |
50.00 |
|
31-3-35 |
Notice of change of name |
50.00 |
|
31-3-40 |
Temporary plates - dealer issued |
50.00 |
|
31-4-3 |
Temporary registration - twenty (20) day bill of sale |
50.00 |
|
31-7-1 |
Operating on foreign registration |
50.00 |
|
31-8-1 |
Operating without evidence of registration |
50.00 |
|
31-10-10 |
Rules as to armed forces license |
50.00 |
|
31-10-30 |
Driving on expired license |
50.00 |
|
31-10.1-5 |
Motorcycle handlebar violation |
50.00 |
|
31-10.1-7 |
Inspection of motorcycle required |
50.00 |
|
31-12-2 |
Obedience to laws |
50.00 |
|
31-12-12 |
Local motor vehicle ordinance |
50.00 |
|
31-13-6(3)(i) |
Eluding traffic light |
50.00 |
|
31-13-11 |
Injury to signs or devices |
50.00 |
|
31-14-1 |
Reasonable and prudent speed |
50.00 |
|
31-14-12 |
Speed limit on bridges and structures |
50.00 |
|
31-15-1 |
Leaving lane of travel |
50.00 |
|
31-15-2 |
Slow traffic to right |
50.00 |
|
31-15-8 |
No passing zone |
50.00 |
|
31-15-10 |
Rotary traffic islands |
50.00 |
|
31-15-11 |
Laned roadway violation |
50.00 |
|
31-15-12.1 |
Entering intersection |
50.00 |
|
31-15-13 |
Crossing center section of divided highway |
50.00 |
|
31-15-14 |
Entering or leaving limited access roadways |
50.00 |
|
31-16-1 |
Care in starting from stop |
50.00 |
|
31-16-4 |
U turn where prohibited |
50.00 |
|
31-16-7 |
Failure to give stop signal |
50.00 |
|
31-16-8 |
Method of giving signals |
50.00 |
|
31-17-1 |
Failure to yield right of way |
50.00 |
|
31-17-3 |
Yield right of way (intersection) |
50.00 |
|
31-17-5 |
Entering from private road or driveway |
50.00 |
|
31-17-8 |
Vehicle within right of way, rotary |
50.00 |
|
31-18-3 |
Right of way in crosswalks |
50.00 |
|
31-18-5 |
Crossing other than at crosswalks |
50.00 |
|
31-18-8 |
Due care by drivers |
50.00 |
|
31-18-12 |
Hitchhiking |
50.00 |
|
31-18-18 |
Right of way on sidewalks |
50.00 |
|
31-19-3 |
Traffic laws applied to bicycles |
50.00 |
|
31-19.1-2 |
Operating motorized bicycle on an interstate highway |
50.00 |
|
31-19.2-2 |
Operating motorized tricycle on an interstate highway |
50.00 |
|
31-20-1 |
Failure to stop at railroad crossing |
50.00 |
|
31-20-2 |
Driving through railroad gate |
50.00 |
|
31-20-9 |
Obedience to stop sign |
50.00 |
|
31-21-14 |
Opening of vehicle doors |
50.00 |
|
31-22-2 |
Improper backing up |
50.00 |
|
31-22-4 |
Overloading vehicle |
50.00 |
|
31-22-5 |
Violation of safety zone |
50.00 |
|
31-22-6 |
Coasting |
50.00 |
|
31-22-7 |
Following fire apparatus |
50.00 |
|
31-22-8 |
Crossing fire hose |
50.00 |
|
31-22-11.5 |
Improper use of school bus |
not to exceed |
|
five hundred dollars |
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|
($500) for each day |
||
|
of improper use |
||
|
31-22-22 |
No child restraint |
50.00 |
|
31-22-22 |
|
50.00 |
|
31-22-22(e),(l) |
No seat belt - passenger |
50.00 |
|
31-22-22(f) |
No seat belt operator |
50.00 |
|
31-22-23 |
Tow trucks - proper identification |
50.00 |
|
31-22-24 |
Operation of interior lights |
50.00 |
|
31-22-28 |
Transporting animals |
50.00 |
|
31-23-1(b) |
U.S. department of transportation motor carrier |
|
|
safety rules and regulations |
50.00 |
|
|
31-23-4 |
Brake equipment required |
50.00 |
|
31-23-8 |
Horn required |
50.00 |
|
31-23-10 |
Sirens prohibited |
50.00 |
|
31-23-13 |
Muffler required |
50.00 |
|
31-23-13.1 |
Altering height or operating a motor vehicle with |
|
|
an altered height |
50.00 |
|
|
31-23-14 |
Prevention of excessive fumes or smoke |
50.00 |
|
31-23-16 |
Windshield and window stickers (visibility) |
50.00 |
|
31-23-17 |
Windshield wipers |
50.00 |
|
31-23-19 |
Metal tires prohibited |
50.00 |
|
31-23-20 |
Protuberances on tires |
50.00 |
|
31-23-26 |
Fenders and wheel flaps required |
50.00 |
|
31-23-27 |
Rear wheel flaps on buses, trucks and trailers |
50.00 |
|
31-23-29 |
Flares or red flag required over four |
|
|
thousand pounds (4,000 lbs.) |
50.00 |
|
|
31-23-38 |
Television receivers prohibited |
50.00 |
|
31-23-40 |
Approved types of seat belt requirements |
50.00 |
|
31-23-42.1 |
Special mirror - school bus |
50.00 |
|
31-23-43 |
Chocks required (1 pair) |
|
|
- over four thousand pounds (4,000 lbs.) |
50.00 |
|
|
31-23-45 |
Tire treads - defective tires |
50.00 |
|
31-23-47 |
Slow moving emblem required |
50.00 |
|
31-23-49 |
Transportation of gasoline - passenger vehicle |
50.00 |
|
31-23-51 |
Operating bike or motor vehicle |
|
|
wearing ear phones (first offense) |
50.00 |
|
|
31-24-5 |
Headlamp required on motorcycle |
50.00 |
|
31-24-31 |
Flashing lights - permit required |
50.00 |
|
31-24-34 |
Failure to dim lights |
50.00 |
|
31-24-45 |
Red flag required, load projecting four feet (4') rear |
50.00 |
|
31-25-3 |
Maximum width of one hundred and two |
|
|
inches (102") exceeded |
50.00 |
|
|
31-25-4 |
Maximum height of one hundred sixty-two |
|
|
inches (162") exceeded |
50.00 |
|
|
31-25-6 |
Maximum number and length of coupled vehicles |
500 |
|
31-25-7 |
Load extending three feet (3') front, six feet (6') rear exceeded |
50.00 |
|
31-25-9 |
Leaking load |
50.00 |
|
31-25-11 |
Connections between coupled vehicles |
50.00 |
|
31-25-12 |
Towing chain, twelve inch (12") square flag required |
50.00 |
|
31-25-12.1 |
Tow truck - use of lanes (first offense) |
50.00 |
|
31-25-13 |
Axle load limit |
150 |
|
31-25-14(d)(1) |
Maximum weight and tandem axles |
100 |
|
31-25-14(d)(2) |
Maximum weight and tandem axles |
100 |
|
31-25-14(d)(3) |
Maximum weight and tandem axles |
100 |
|
31-25-16(c)(1) |
Maximum weight shown in registration |
30.00 per thousand lbs. |
|
overweight or portion |
||
|
thereof |
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31-25-16(c)(2) |
Maximum weight shown in registration |
60.00 per thousand lbs. |
|
overweight or portion |
||
|
thereof |
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|
31-25-16(c)(3) |
Maximum weight shown in registration |
1,000 plus $60.00 per |
|
thousand pounds |
||
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overweight or portion |
||
|
thereof |
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|
31-25-17 |
Identification of trucks and truck-tractors (first offense) |
50.00 |
|
31-25-24 |
Carrying and inspection of excess load limit |
150 |
|
31-28-7(b)(4) |
Wrongful use of handicapped parking placard |
100 |
|
31-28-7(d) |
Handicapped parking space violation |
|
|
First offense |
75.00 |
|
|
Second offense |
150 |
|
|
Third and subsequent offenses |
300 |
|
|
31-28-7.1(e) |
Wrongful use of institutional handicapped parking placard |
100 |
|
31-33-2 |
Failure to file accident report |
50.00 |
|
31-36.1-17 |
No fuel tax stamp (out-of-state) |
50.00 |
|
31-38-4 |
Violation of inspection laws |
50.00 |
|
31-45-1 |
Noise limits |
50.00 |
|
37-15-7 |
Littering |
50.00 |
|
39-12-26 |
Public carriers violation |
50.00 |
|
31-45-5 |
Audio Systems |
50.00 |
|
31-47.2-6 |
Heavy-duty vehicle emission inspections |
|
|
First offense |
100 |
|
|
Second offense |
500 |
|
|
Third and subsequent offenses |
1,000 |
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|
SPEEDING |
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|
Fine |
||
|
(A) One to fifteen miles per |
$50.00 |
|
|
hour (1- |
||
|
15 mph) in excess of posted speed limit |
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|
(B) Sixteen miles per hour (16 mph) |
160.00 |
|
|
in excess of posted speed limit |
minimum |
|
|
with a fine of ten dollars ($10.00) per mile in excess |
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|
of speed limit shall be assessed. |
(b) In addition to any other penalties provided by law, a judge may impose the following penalties for speeding: (1) For speeds up to and including fifteen miles per hour (15 mph) over the posted speed limit on public highways, a fine as provided for in subsection (a) for the first offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the third and any subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days. (2) For speeds in excess of fifteen miles per hour (15 mph) over the posted speed limit on public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) days. (c) Any person charged with a violation who pays the fine administratively pursuant to chapter 8.2 of title 8 is not subject to any additional costs or assessments, including, but not limited to, the hearing fee established in section 8-18-4 or an assessment for substance abuse prevention.
SECTION 3. This act shall take effect upon passage.