Chapter
485
2007 -- S 0797 AS AMENDED
Enacted 07/07/07
A N A C T
MOTOR
AND OTHER VEHICLES
Introduced
By: Senator William A. Walaska
Date
Introduced: March 01, 2007
It is enacted by the General Assembly as
follows:
SECTION 1. 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
31-3-32 Driving
with expired registration 75.00
31-3-34 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 sale 75.00
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 85.00
31-14-03 Condition
requiring reduced speed 85.00
31-14-09 Below
minimum speed 85.00
31-14-12 Speed
limit on bridges and structures 85.00
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
13-15-17 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
31-16.1-3 Diesel
vehicle idling rules first offense not to exceed 100.00
second and
subsequent offense not
to exceed 500.00
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
lbs. 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 75.00 300.00
SPEEDING Fine
(A) One to ten
miles per hour (1-10 mph) in excess of
posted speed limit
$ 85.00
(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 195.00
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.
(c) Any person
charged with a violation who pays the fine administratively pursuant to
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 2.
Sections 39-12-6, 39-12-20 and 39-12-26 of the General Laws in Chapter
39-12 entitled "Motor Carriers of
Property" are hereby amended to read as follows:
39-12-6.
Requirement of certificate of public convenience and necessity for common
carriers -- Application. -- Except as otherwise
provided in this chapter, no person shall engage
in the business of transporting property for
compensation in intrastate commerce over the
publicly used highways as a common carrier,
unless there shall be in force with respect to the
carrier a certificate of public convenience and
necessity issued by the administrator authorizing
the operations. Every person proposing to
operate as a common carrier shall file with the
administrator, in the form to be provided by him
or her, an application for a certificate,
accompanied by a fee of one hundred dollars
($100) two hundred and fifty dollars ($250). All
revenues received under this section shall be
deposited as general revenues. Each application for
a certificate shall be made in writing, shall be
verified by oath or written declaration that it is
made under penalties of perjury and shall
contain such information as the administrator may
require. The administrator shall, within a
reasonable time, fix the time and place of hearing on
every application. Notice of the hearing shall
be given by publication or by written notice mailed
by the administrator at least ten (10) days
before the date fixed thereof to all common carriers,
including railroad companies, if any, serving
any part of the route or territory proposed to be
served by the applicant, to each person filing
with the administrator a written request for the
notice, and to any other person who may, in the
opinion of the administrator, be interested in or
affected by the issuance of the certificate. The
copy of the notice, including a list of the
applications to be heard, shall be publicly
posted in the office of the administrator. Any person
having an interest in the matter shall have the right,
in accordance with rules prescribed therefor
by the administrator, to make representations
and to introduce evidence in favor of or in
opposition to the issuance of the certificate.
39-12-20.
Transfer of certificates or permits -- Joint control of common carriers. --
Any common carrier certificate or any contract
carrier permit may be assigned and transferred, in
whole or in part, by the holder thereof, his or
her assignee, receiver, trustee, or by the holder's
personal representative, or by the surviving
partner or partners of the deceased partner to which
the rights and privileges under the certificate
or permit shall pass at the death of the holder, upon
his or her application to the administrator. The
transfer and assignment must receive the consent
and approval of the administrator, after public
notice, in the manner provided in sections 39-12-6
and 39-12-9, and a public hearing, at which the
proposed transferee shall have established to the
satisfaction of the administrator his or her
willingness, fitness, and ability to perform or furnish
transportation for compensation under the
certificate or permit. No certificate or permit may be
transferred in part, unless the rights are
clearly severable; and no certificate or permit shall be
transferred, in whole or in part, except in
connection with the bona fide sale to the transferee of
the business of the transferor. The application
shall be accompanied by a fee of one hundred
dollars ($100) two hundred and fifty dollars ($250).
All revenues received under this section shall
be deposited as general revenues. It shall be
unlawful for any person to accomplish or effectuate
or to participate in accomplishing or
effectuating the control or management in a common interest
of any two (2) or more common carriers, however
such a result is attained, whether directly or
indirectly, by use of common directors,
officers, or stockholders, or in any manner whatsoever.
As used in this section, the words "control
and management" shall be construed to include the
power to exercise control and management. The
holder of either a common carrier certificate or a
contract carrier permit shall not acquire the
operating rights held by another person through a
transfer proceeding unless, both operating
rights are merged simultaneously and not until the
application to transfer is approved by the
administrator.
39-12-26.
Registration and identification of vehicles. -- Every interstate motor
carrier
engaged in the transportation of property for
compensation over the highways of this state,
subject to the provisions of this chapter, shall
apply to the administrator for the issuance of a
vehicle identification device for the
registration and identification of vehicles. The application
shall be accompanied by a filing fee in the
amount of eight dollars ($8.00) for each identification
device for which an application is made. All
intrastate carriers shall be assessed twenty dollars
($20.00) for each identification device for
which an application is made. register and identify all
vehicles to be operated in the state in
accordance with the provisions contained in and mandated
under the federal "Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for
Users" (SAFETEA-LU) (Public Law 109-59,
enacted August 10, 2005), the Unified Carrier
Registration Act of 2005 (Included within
SAFETEA-LU), and the United Carrier Registration
Agreement (UCRA) (Sections 4302 through 4308 of
SAFETEA-LU), and/or any related
successor federal law(s). All intrastate
carriers not subject to the provisions of the foregoing
federal law, shall apply to the administrator
for the issuance of a vehicle identification device for
the registration and identification of vehicles
and shall be assessed twenty dollars ($20.00) for
each identification device for which an
application is made.
All revenues received shall be
deposited as general revenues. The
identification device shall be furnished annually to every
carrier whose duty it shall be to apply for it.
It shall be unlawful for any motor vehicle to be
engaged in transporting property for
compensation in either intrastate or interstate commerce
without the owner of it having applied for and
received the required identification device, unless
the vehicle is exempted from the provisions of
this chapter. Each identification device shall be
accompanied by a registration card issued by the
administrator which shall be in the possession of
the vehicle's driver, when the vehicle is
operating. Transfers of the identification device from one
vehicle to another are hereby prohibited unless
authorized by the administrator. The
administrator, in his or her discretion, may refuse
to reissue the identification device to the holder
of any certificate, permit, or permit of
registration, pending any complaint or hearing upon the
question of revocation or suspension or in which
such question is involved. The administrator
shall prescribe reasonable rules and regulations
governing the registration and identification of
motor vehicles authorized for operation under
this chapter. Violations of this section are subject
to fines enumerated in section 31-41.1-4.
SECTION 3. Section
39-13-4 of the General Laws in Chapter 39-13 entitled "Motor
Passenger Carriers" is hereby amended to
read as follows:
39-13-4.
Application for certificate -- Fee -- Domicile of applicant. -- A
certificate
shall be issued only after written application
for a certificate, accompanied by a fee of one
hundred dollars ($100) two hundred and
fifty dollars ($250), has been made by the owner of the
jitney; provided, however, that this fee shall
not apply to any city or town, or any agency or
department of any city or town of the state, or
any nonprofit jitney service utilized for the
transportation of senior citizens. All revenues
received under this section shall be deposited as
general revenues. No certificate shall be issued
to any person who is not a citizen resident within
this state, nor to any association, unless all
members of the association are citizens resident within
this state, nor to any corporation, unless
either all stockholders thereof are citizens resident within
this state or the corporation has been created
by a special act of the general assembly, upon
petition for the same, the pendency of which
petition shall be notified in such manner as the
general assembly may by general law or special
act prescribe.
SECTION 4.
Sections 39-13-3 and 39-14-25 of the General Laws in Chapter 39-13
entitled "Motor Passenger Carriers" is
hereby amended to read as follows:
39-13-3.
Certificate requirement for jitney operation. -- No person,
association, or
corporation shall operate a jitney until the
owner thereof shall have obtained a certificate from the
division specifying the route over which the
jitney may operate, the number of passengers which
it may carry at any one time, the service to be
furnished, and that public convenience and
necessity require operation over the route.
Certificates issued under this chapter shall be renewed
before the close of business on December 31 of
each calendar year. The renewal fee shall be one
hundred dollars ($100) two hundred and
fifty dollars ($250) and shall be submitted with the
renewal form. All revenues received under this
section shall be deposited as general revenues;
provided, however, that this fee shall not apply
to any city or town, or any agency or department
of any city or town of the state, or any
nonprofit jitney service utilized for the transportation of
senior citizens.
39-14-25.
Transfer of certificate. -- No certificate shall be sold or transferred
until the
administrator, upon written application setting
forth the purposes, terms, and conditions of the
sale or transfer, shall, after a hearing,
approve the application. The application shall be
accompanied by a fee of one hundred dollars
($100) two hundred and fifty dollars ($250). All
revenues received under this section shall be
deposited as general revenues. A proposed transfer
of a certificate shall be approved only if the
administrator finds the transferee to be fit, willing,
and able, financially and otherwise, to render
the service described and authorized in the
certificate; further, the administrator shall
only reissue and transfer a certificate upon evidence
that the transferor of the certificate has,
during the six (6) month period immediately prior to
receipt of the transfer application, or during
the six (6) month period immediately preceding the
filing of a petition for bankruptcy, whether
voluntary or involuntary, or the institution of a
petition for receivership, wherein the
certificates are assets of the bankruptcy or receivership,
been rendering the service authorized by the
certificate.
SECTION 5. This
act shall take effect upon passage.
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LC02414
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