Chapter 05-064

2005 -- H 5451 SUBSTITUTE A

Enacted 06/22/05

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- BICYCLE FACILITIES

Introduced By: Representatives McNamara, Malik, Ginaitt, Anguilla, and Handy

Date Introduced: February 09, 2005

It is enacted by the General Assembly as follows:

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

and General Code Provisions" is hereby amended to read as follows:

31-1-23. Types of roads. – (a) "Bicycle lane" means a portion of highway right-of-way

designated by the state and identified by official traffic control devices (pavement markings) for

the exclusive use of bicyclists. The operation and parking of motor vehicles is prohibited within

the lane identified for exclusive use by bicyclists, except when making a turn, entering or leaving

the roadway or a parking lane, or when required in the course of official duty.

(b) "Bicycle route" means a shared right-of-way along a highway, designated by the state

and identified by official traffic control devices (signs) for use by bicyclists.

~~(a)~~ (c) "Bicycle trail or path" means a ~~separate roadway designated by the state or local~~

~~governments to be used solely by bicycles. When a bicycle trail or path forms a part of a highway~~

~~as defined in this section, it is separated from the highway by an open space or barrier.~~ bikeway

physically separated from motorized vehicular traffic by an open space or barrier and either

within the highway right-of-way or within an independent right-of-way. Bicycle trails or paths

may also be used by pedestrians, skaters, wheelchair users, joggers and other nonmotorized users.

~~(b)~~ (d) "Laned roadway" means a roadway which is divided into two (2) or more clearly

marked lanes for vehicular traffic.

~~(c)~~ (e) "Limited access highway" means every highway, street, or roadway to or from

which owners or occupants of abutting lands and other persons have no legal right of access

except at those points and in that manner determined by the public authority having jurisdiction

over it.

~~(d)~~ (f) "Local highway" means every street or highway other than a state highway,

private road, or driveway.

~~(e)~~ (g) "Private road or driveway" means every way or place in private ownership that is

used for vehicular travel only by the owner and by those others having express or implied

permission from the owner.

~~(f)~~ (h) "Roadway" means that portion of a highway improved, designed, or ordinarily

used for vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons

riding bicycles. In the event a highway includes two (2) or more separate roadways, "roadway"

refers to the roadway separately and not the roadways collectively.

~~(g)~~ (i) "Sidewalk" means that portion of a street between the curb lines, or the lateral

lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

~~(h)~~ (j) "State highway" means every street or highway constructed and/or maintained by

the director of public works and the division of roads and bridges.

~~(i)~~ (k) "Street or highway" means the entire width between boundary lines of every way

when any part of it is open to the use of the public for purposes of vehicular traffic.

~~(j)~~ (l) "Through highway" means every highway or portion of a highway having

entrances from intersecting highways at which vehicular traffic is required by law to stop before

entering or crossing, and where stop signs are erected under the provisions of chapters 1 -- 27 of

this title.

SECTION 2. Chapter 31-15 of the General Laws entitled "Passing, Use of Lanes, and

Rules of the Road" is hereby amended by adding thereto the following section:

31-15-17. Crossing bicycle lane. – (a) A person may not operate a motor vehicle upon a

bicycle lane except when making a turn, entering or leaving the roadway or a parking lane, or

when required in the course of official duty. An implement of husbandry may momentarily cross

into a bicycle lane to permit other vehicles to overtake and pass the implement of husbandry.

(b) Violations of this section are subject of fines enumerated in section 31-41.1-4.

SECTION 3. Chapter 31-17 of the General Laws entitled "Right-of-Way" is hereby

amended by adding thereto the following section:

31-17-9. Yielding to riders on bicycle lane. – (a) The driver of a vehicle about to cross

or to turn left or right across a bicycle lane shall yield the right-of-way to any person operating a

bicycle or motorized wheelchair upon the bicycle lane.

(b) Any driver of a vehicle convicted of violating the provisions of this section shall be

sentenced to pay a fine of not more than seventy-five dollars ($75.00).

SECTION 4. Sections 31-18-20 and 31-18-21 of the General Laws in Chapter 31-18

entitled "Pedestrians" are hereby amended to read as follows:

31-18-20. Wheelchairs -- Rights and duties. – (a) Every person operating a wheelchair

upon a sidewalk or roadway shall be granted all the rights and shall be subject to all the duties

applicable to a pedestrian.

(b) Every person riding a motorized wheelchair on a bicycle lane, trail or path shall be

granted all the rights and shall be subject to all the duties applicable to the driver of a bicycle

operating on a bicycle lane trail or path except: (1) when those rights or duties, by their very

nature, can have no application; or (2) as otherwise specifically provided under chapters 1-27 of

this title.

31-18-21. Pedestrians and bike facilities. -- Except in the cases of limited access roads,

and/or roads of less than twenty-three feet (23') in width, the director of the department of

transportation is authorized and directed to provide for the accommodation of bicycle and

pedestrian traffic in the planning, design, construction and reconstruction, and to consider this in

the resurfacing and striping of any project undertaken by the department, unless the director, after

appropriate review by the director or his or her designees, determines that the inclusion of bike

facilities and pedestrian access would be contrary to acceptable standards of public safety,

degrade environmental or scenic quality, or conflict with existing right-of-way. In his or her

deliberations, the director shall take into consideration the cost of the facilities in relationship to

available funding. Bike facilities may include ~~bike~~ bicycle lanes, routes, or paths or trails;

permeable paved shoulders; and/or signage.

SECTION 5. Sections 31-19-6, 31-19-7 and 31-19-11 of the General Laws in Chapter 31-

19 entitled "Operation of Bicycles" are hereby amended to read as follows:

31-19-6. Bicycles to right of road. -- Every person operating a bicycle upon a roadway

shall ride as near to the right side of the roadway as practicable, exercising due care when passing

a standing vehicle or one proceeding in the same direction except where official traffic control

devices (signs or pavement markings) specifically direct bicyclists to do otherwise.

31-19-7. Number of bicycles abreast. -- Persons riding bicycles upon a roadway shall

not ride more than two (2) abreast except on bicycle trails or paths or parts of roadways set aside

for the exclusive use of bicycles. Persons riding two (2) abreast shall not unduly impede traffic

and, on a laned roadway, shall ride within a single lane.

31-19-11. Bicycles and motorized wheelchairs on sidewalks and crosswalks. -- A

person may ride any vehicle operated by human power or may operate a motorized wheelchair or

an electric personal assistive mobility device ("EPAMD") as defined in section 31-1-3 upon and

along a sidewalk, a bicycle lane, a bicycle route or across a roadway upon and along a crosswalk,

unless prohibited by official traffic-control devices (signs).

SECTION 6. Sections 31-21-4 and 31-21-14 of the General Laws in Chapter 31-21

entitled "Stopping, Standing, and Parking Restrictions" are hereby amended to read as follows:

31-21-4. Places where parking or stopping prohibited. -- (a) No person shall stop,

stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in

compliance with law or the directions of a police officer or traffic control device, in any of the

following places:

(1) On a sidewalk;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within eight feet (8') of a fire hydrant;

(5) On a crosswalk;

(6) Within twenty feet (20') of a crosswalk at an intersection;

(7) Within thirty feet (30') upon the approach to any flashing beacon, stop sign, or traffic

control signal located at the side of a roadway;

(8) Between a safety zone and the adjacent curb, or within thirty feet (30') of points on

the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a

different length by signs or markings;

(9) Within fifty feet (50') of the nearest rail of a railroad crossing;

(10) Within twenty feet (20') of the driveway entrance to any fire station, and on the side

of a street opposite the entrance to any fire station within seventy-five feet (75') of the entrance

(when properly sign-posted);

(11) Alongside or opposite any street excavation or obstruction when stopping, standing,

or parking would obstruct traffic;

(12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(13) Upon any bridge or other elevated structure upon a highway or within a highway

tunnel;

(14) At any place where official signs prohibit stopping;

(15) At any curb cut or ramp for persons with disabilities.;

(16) On any bicycle lane, trail or path.

(b) The following vehicles are exempt from the prohibitions contained in subsection (a):

(1) School buses or worker transport buses that are loading or unloading children or

workers, provided that the school bus or worker transport bus operates its flashing bus safety

lights;

(2) Subject to the provisions of section 31-21-6, vehicles that are momentarily stopped,

standing, or parked to admit or discharge passengers;

(3) Vehicles that are momentarily stopped, standing, or parked for the purpose of and

while actually engaged in loading or unloading property;

(4) Vehicles that are owned or operated by the state or a city or town when the vehicle

must stop, stand, or park to perform maintenance or repair work on an area where stopping,

standing or parking is prohibited under the provisions of subsection (a);

(5) Vehicles that are disabled in such a manner and to such extent that the vehicle

operator cannot avoid stopping or temporarily leaving the disabled vehicle in an area where

stopping, standing or parking is prohibited under the provisions of subsection (a);

(6) Vehicles that are momentarily stopped to allow oncoming traffic to pass before

making a right or left-hand turn, or in preparation for or while negotiating an exit from the road.

~~(b)~~ (c) Violations of this section are subject to fines enumerated in section 31-41.1-4.

31-21-14. Opening vehicle doors. -- No person shall open the door of a motor vehicle on

the roadways, streets, or highways of this state, available to moving traffic, unless and until it is

reasonably safe to do so, and can be done without interfering with the movement of other traffic,

including pedestrians and bicycles on sidewalks, shoulders, or bicycle lanes. No person shall

leave a door open on the side of a vehicle available to moving traffic, including pedestrians and

bicycles on sidewalks, shoulders or bicycle lanes, for a period of time longer than necessary to

load or unload passengers. Any person violating the provisions of this section shall be fined forty-

five dollars ($45.00).

SECTION 7. Section 31-27-19 of the General Laws in Chapter 31-27 entitled "Motor

Vehicle Offenses" is hereby amended to read as follows:

31-27-19. ~~Operating a motor vehicle on a bicycle trail or path~~ Operating a motor

vehicle on a bicycle lane, trail or path. -- (a) No Except as provided in section 31-15-17, no

person shall operate any motor vehicle on a bicycle lane, trail or path, as defined in section 31-1-

23(a).

(b) Any person who operates a motor vehicle upon any bicycle lane, trail or path shall be

punishable by a fine of one hundred dollars ($100).

person upon a charge of operating a motor vehicle on a bicycle lane, trail or path, shall suspend

the person's operator's license for a period of six (6) months.

(d) Emergency vehicle and employees of federal, state, and local government shall be

exempt from the provisions when acting in the scope of their official duties.

SECTION 8. 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 penalties for violations of the enumerated

sections, listed in numerical order, correspond to the fines described. However, those offenses for

which punishments which may vary according to the severity of the offense, or punishment 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.

VIOLATIONS SCHEDULE

8-8.2-2 DOT, DEM, or other agency and department $75.00

violations

24-10-17 Soliciting rides in motor vehicles 40.00

24-10-18 Backing up prohibited 75.00

24-10-20 Park and ride lots 75.00

31-3-12 Visibility of plates 75.00

31-3-18 Display of plates 75.00

31-2-32 Driving with expired registration 75.00

32-3-34 Failure to notify division of change of address 75.00

31-3-35 Notice of change of name 75.00

31-3-40 Temporary plates - dealer issued 75.00

31-4-3 Temporary registration - twenty (20) day bill of 75.00

sale

31-10-10 Rules as to armed forces license 75.00

31-10-30 Driving on expired license 75.00

31-10-32 Notice of change of address 75.00

31-10.1-4 No motorcycle helmet (operator) 60.00

31-10.1-5 Motorcycle handlebar violation 75.00

31-10.1-6 No motorcycle helmet (passenger) 75.00

31-10.1-7 Inspection of motorcycle required 75.00

31-12-12 Local motor vehicle ordinance 75.00

31-13-04 Obedience to devices 75.00

31-13-6(3)(i) Eluding traffic light 75.00

31-13-09 Flashing signals 75.00

31-13-11 Injury to signs or devices 75.00

31-14-1 Reasonable and prudent speed 75.00

31-14-03 Condition requiring reduced speed 75.00

31-14-09 Below minimum speed 75.00

31-14-12 Speed limit on bridges and structures 75.00

31-15-1 Leaving lane of travel 75.00

31-15-2 Slow traffic to right 75.00

31-15-3 Operator left of center 75.00

31-15-4 Overtaking on left 75.00

31-15-5(a) Overtaking on right 75.00

31-15-6 Clearance for overtaking 75.00

31-15-7 Places where overtaking prohibited 75.00

31-15-8 No passing zone 75.00

31-15-9 One way highways 75.00

31-15-10 Rotary traffic islands 75.00

31-15-11 Laned roadway violation 75.00

31-15-12 Following too closely 75.00

31-15-12.1 Entering intersection 75.00

31-15-13 Crossing center section of divided highway 75.00

31-15-14 Entering or leaving limited access roadways 75.00

31-15-16 Use of emergency break-down lane for travel 75.00

31-15-17 Crossing bicycle lane 75.00

31-16-1 Care in starting from stop 75.00

31-16-2 Manner of turning at intersection 75.00

31-16-4 U turn where prohibited 75.00

31-16-5 Turn signal required 75.00

31-16-6 Time of signaling turn 75.00

31-16-7 Failure to give stop signal 75.00

31-16-8 Method of giving signals 75.00

31-17-1 Failure to yield right of way 75.00

31-17-2 Vehicle turning left 75.00

31-17-3 Yield right of way (intersection) 75.00

31-17-4 Obedience to stop signs 75.00

31-17-5 Entering from private road or driveway 75.00

31-17-8 Vehicle within right of way, rotary 75.00

31-17-9 Yielding to bicycles on bicycle lane 75.00

31-18-3 Right of way in crosswalks 75.00

31-18-5 Crossing other than at crosswalks 75.00

31-18-8 Due care by drivers 75.00

31-18-12 Hitchhiking 75.00

31-18-18 Right of way on sidewalks 75.00

31-19-3 Traffic laws applied to bicycles 75.00

31-19-20 Sale of new bicycles 75.00

31-19-21 Sale of used bicycles 75.00

31-19.1-2 Operating motorized bicycle on an interstate 75.00

highway

31-19.2-2 Operating motorized tricycle on an interstate 75.00

highway

31-20-1 Failure to stop at railroad crossing 75.00

31-20-2 Driving through railroad gate 75.00

31-20-9 Obedience to stop sign 75.00

31-21-4 Places where parking or stopping prohibited 75.00

31-21-14 Opening of vehicle doors 45.00

31-22-2 Improper backing up 75.00

31-22-4 Overloading vehicle 75.00

31-22-5 Violation of safety zone 75.00

31-22-6 Coasting 75.00

31-22-7 Following fire apparatus 75.00

31-22-8 Crossing fire hose 75.00

31-22-9 Throwing debris on highway - snow removal 75.00

31-22-11.5 Improper use of school bus - not to exceed

five hundred

dollars ($500)

for each day of

improper use

31-22-22(a) No child restraint 75.00

31-22-22(a) Child restraint/seat belt but not in any rear 75.00

seating position

31-22-22(b), (f) No seat belt - passenger 75.00

31-22-22(g) No seat belt - operator 75.00

31-22-23 Tow trucks - proper identification 275.00

31-22-24 Operation of interior lights 75.00

31-23-1(d)(2) U.S. department of transportation motor

carrier safety rules and regulations 125.00

31-23-4 Brake equipment required 75.00

31-23-8 Horn required 75.00

31-23-10 Sirens prohibited 75.00

31-23-13 Muffler required 75.00

31-23-13.1 Altering height or operating a motor

vehicle with an altered height 75.00

31-23-14 Prevention of excessive fumes or smoke 75.00

31-23-16 Windshield and window stickers (visibility) 75.00

31-23-17 Windshield wipers 75.00

31-23-19 Metal tires prohibited 75.00

31-23-20 Protuberances on tires 75.00

31-23-26 Fenders and wheel flaps required 75.00

31-23-27 Rear wheel flaps on buses, trucks and trailers 75.00

31-23-29 Flares or red flag required over

four thousand pounds (4,000 lbs.) 75.00

31-23-40 Approved types of seat belt requirements 75.00

31-23-42.1 Special mirror - school bus 75.00

31-23-43 Chocks required (1 pair) - over

four thousand pounds (4,000 lbs.) 75.00

31-23-45 Tire treads - defective tires 75.00

31-23-47 Slow moving emblem required 75.00

31-23-49 Transportation of gasoline - passenger vehicle 75.00

31-23-51 Operating bike or motor vehicle wearing

ear phones (first offense) 60.00

31-24-1 Times when lights required 75.00

through

31-24-53 Safety lights required on food vending vehicles 75.00

31-24-5 Headlamp required on motorcycle 75.00

31-24-31 Flashing lights - permit required 75.00

31-24-34 Failure to dim lights 75.00

31-24-45 Red flag required, load projecting four feet 75.00

(4') rear

31-25-03 Maximum width of one hundred and two

inches (102") exceeded 75.00

31-25-04 Maximum height of one hundred

sixty-two inches (162") exceeded 75.00

31-25-06 Maximum number and length of coupled vehicles 500.00

31-25-07 Load extending three feet (3') front, six feet 75.00

(6') rear exceeded

31-25-9 Leaking load 75.00

31-25-11 Connections between coupled vehicles 75.00

31-25-12 Towing chain, twelve inch (12") square flag 75.00

required

31-25-12.1 Tow truck - use of lanes (first offense) 50.00

31-25-14(d)(1) Maximum weight and tandem axles 125.00

31-25-14(d)(2) Maximum weight and tandem axles 125.00

31-25-14(d)(3) Maximum weight and tandem axles 125.00

31-25-16(c)(1) Maximum weight shown in registration 65.00 per

thousand lbs.

overweight or

portion thereof.

31-25-16(c)(2) Maximum weight shown in registration 125.00 per

thousand lbs.

overweight or

portion thereof.

31-25-16(c)(3) Maximum weight shown in registration 1,025.00 plus

$125.00 per

thousand

pounds

overweight or

portion thereof.

31-25-17 Identification of trucks and truck-tractors 50.00

(first offense)

31-25-24 Carrying and inspection of excess load limit 175.00

31-27-2.3 Refusal to take preliminary breath test 75.00

31-28-7(d) Wrongful use of handicapped parking placard 500.00

31-28-7(f) Handicapped parking space violation:

First offense 100.00

Second offense 175.00

Third offense and subsequent offenses 325.00

31-28-7.1(e) Wrongful use of institutional handicapped

parking placard 125.00

31-33-2 Failure to file accident report 45.00

31-36.1-17 No fuel tax stamp (out-of-state) 75.00

31-38-3 No inspection sticker 75.00

31-38-4 Violation of inspection laws 75.00

31-47.2-06 Heavy-duty vehicle emission inspections:

First offense 125.00

Second offense 525.00

Third and subsequent offenses 1,025.00

37-15-7 Littering 55.00

39-12-26 Public carriers violation 75.00

SPEEDING

Fine

(A) One to ten miles per hour (1-10 mph)

in excess of posted speed limit $ 75.00

(B) Eleven miles per hour (11 mph) in

excess of posted speed limit with a fine

of ten dollars ($10.00) per mile in excess 185.00

of speed limit shall be assessed. minimum

(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 ten miles per hour (10 mph) over the posted speed

limit on public highways, a fine as provided for in subsection (a) of this section 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 ten miles per hour (10 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.

chapter 8.2 of title 8 shall not be subject to any additional costs or assessments, including, but not

limited to, the hearing fee established in section 8-18-4 or assessment for substance abuse

prevention.

SECTION 9. This act shall take effect upon passage.

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LC00297/SUB A

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