ARTICLE 12 SUBSTITUTE A AS AMENDED
RELATING TO MOTOR VEHICLE OFFENSES
SECTION 1. Sections
8-18-4 and 8-18-6 of the General Laws in Chapter 8-18 entitled "State and
Municipal Court Compact" are hereby amended to read as follows:
8-18-4. Adjudication of summonses by municipal courts. -- (a) All summonses to be adjudicated by a municipal court shall be forwarded to the municipal court.
(b) Summonses to be adjudicated by a municipal court shall be
adjudicated by a judge of the municipal court pursuant to section 31-41.1-6 and
the rules established by the chief judge magistrate. Municipal courts shall have jurisdiction
over matters brought pursuant to section 31-41.1-7.
(c) If a motorist fails to appear to answer a summons before a municipal court, the municipal court may proceed pursuant to section 31-41.1-5 to enter a default judgment and determine whether the charges have been established. Where a determination is made that a charge has been established, an appropriate order shall be entered and the motorist's license and registration privileges may be ordered by the municipal court to be suspended by the division of motor vehicles as provided by law.
(d) All summonses which have been adjudicated by the municipal court and entered into the data electronic system shall be returned to the traffic tribunal for storage as required by section 8-14-1.
(e) All municipal courts shall be courts of record, shall tape
record all sessions, maintain dockets, and adjudicate all violations on the
summonses and shall be responsible for data entry into an electronic data
processing system of all citations heard and decided by said municipal courts
pursuant to procedures and rules promulgated by the chief judge of the
district court magistrate of the Rhode Island traffic tribunal.
(f) Municipal court judges may, in their discretion, order driver retraining courses in appropriate cases.
(g) [Deleted by P.L. 1999, ch. 218, art. 5, section 1.]
(h) A twenty five dollar ($25.00) thirty-five dollar
($35.00) hearing fee shall be assessed by both municipal courts and the
traffic tribunal against each person pleading guilty to or found guilty of a
traffic offense or violation, as provided in the general laws. In no case shall
any municipal court exercising jurisdiction pursuant to this chapter impose or
assess any fees or costs except as expressly authorized by state law.
(i) If a payment for any fine assessed in the municipal court for any violation is attempted with a check written against insufficient funds, then an additional penalty not to exceed twenty-five dollars ($25.00) may be added to the amount due.
8-18-6. Joint violation fines -- Distribution of funds. -- Cities or towns with municipal courts shall dedicate four dollars ($4.00) for reimbursement from each summons to the general fund. Cities or towns without a municipal court shall dedicate six dollars ($6.00) for reimbursement from each summons to the general fund. State agencies shall dedicate twenty-two dollars ($22.00) from each summons to the general fund. Provided that cities, towns and state agencies shall also dedicate all revenues generated directly as a result of fee increases effective July 1, 2002 and July 1, 2008 to the general fund.
SECTION 2. Sections
31-41.1-4 and 31-41.1-7 of the General Laws in Chapter 31-41.1 entitled
"Adjudication of Traffic Offenses" are 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
violations
$75.00 85.00
24-10-17 Soliciting rides in motor vehicles 40.00
85.00
24-10-18 Backing up prohibited 75.00 85.00
24-10-20 Park and ride lots 75.00 85.00
24-12-37 Nonpayment of toll 100.00
31-3-12 Visibility of plates
75.00 85.00
31-3-18 Display of plates 75.00 85.00
31-3-32 Driving with expired registration 75.00 85.00
31-3-34 Failure to notify division of
change of address 75.00 85.00
31-3-35 Notice of change of name 75.00 85.00
31-3-40 Temporary plates - dealer issued 75.00 85.00
31-4-3 Temporary registration - twenty
(20) day bill of sale
75.00 85.00
31-10-10 Rules
as to armed forces license 75.00 85.00
31-10-30 Driving on expired license 75.00 85.00
31-10-32 Notice of change of address 75.00 85.00
31-10.1-4 No motorcycle helmet (operator) 60.00 85.00
31-10.1-5 Motorcycle handlebar violation 75.00
85.00
31-10.1-6 No motorcycle helmet (passenger) 75.00 85.00
31-10.1-7 Inspection of motorcycle required 75.00 85.00
31-12-12 Local motor vehicle ordinance 75.00 85.00
31-13-04 Obedience to devices 75.00 85.00
31-13-6(3)(i) Eluding traffic light 75.00 85.00
31-13-09 Flashing signals 75.00 85.00
31-13-11 Injury to signs or devices 75.00 85.00
31-14-1 Reasonable and prudent speed 85.00 95.00
31-14-03 Condition requiring reduced speed 85.00 95.00
31-14-09 Below minimum speed 85.00 95.00
31-14-12 Speed limit on bridges and structures 85.00 95.00
31-15-1 Leaving lane of travel 75.00 85.00
31-15-2 Slow traffic to right
` 75.00 85.00
31-15-3 Operator left of center
75.00 85.00
31-15-4 Overtaking on left 75.00 85.00
31-15-5(a) Overtaking on right 75.00 85.00
31-15-6 Clearance for overtaking 75.00 85.00
31-15-7 Places where overtaking prohibited 75.00 85.00
31-15-8 No passing zone 75.00 85.00
31-15-9 One way highways 75.00 85.00
31-15-10 Rotary traffic islands 75.00 85.00
31-15-11 Laned roadway violation 75.00 85.00
31-15-12 Following too closely 75.00 85.00
31-15-12.1 Entering intersection 75.00 85.00
31-15-13 Crossing center section of divided
highway
75.00 85.00
31-15-14 Entering or leaving limited access
roadways
75.00 85.00
31-15-16 Use of emergency break-down lane
for
travel 75.00 85.00
13-15-17 Crossing bicycle lane 75.00 85.00
31-16-1 Care in
starting from stop 75.00 85.00
31-16-2 Manner of turning at intersection 75.00
85.00
31-16-4 U turn where prohibited 75.00 85.00
31-16-5 Turn signal required 75.00 85.00
31-16-6 Time of signaling turn
75.00 85.00
31-16-7 Failure to give stop signal 75.00 85.00
31-16-8 Method of giving signals
75.00 85.00
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 85.00
31-17-2 Vehicle turning left 75.00 85.00
31-17-3 Yield right of way (intersection) 75.00 85.00
31-17-4 Obedience to stop signs 75.00 85.00
31-17-5 Entering from private road or
driveway 75.00 85.00
31-17-8 Vehicle within right of way, rotary 75.00 85.00
31-17-9 Yielding to bicycles on bicycle lane 75.00 85.00
31-18-3 Right of way in crosswalks 75.00 85.00
first violation
$100.00 sec-
ond violation
or any subse-
quent viola-
tion
31-18-5 Crossing other than at crosswalks 75.00 85.00
31-18-8 Due care by drivers 75.00 85.00
31-18-12 Hitchhiking 75.00 85.00
31-18-18 Right of way on sidewalks 75.00 85.00
31-19-3 Traffic laws applied to bicycles 75.00 85.00
31-19-20 Sale of new bicycles 75.00 85.00
31-19-21 Sale of used bicycles 75.00 85.00
31-19.1-2 Operating motorized bicycle on an
interstate highway
75.00 85.00
31-19.2-2 Operating motorized tricycle on an
interstate highway
75.00 85.00
31-20-1 Failure to stop at railroad crossing 75.00 85.00
31-20-2 Driving through railroad gate 75.00 85.00
31-20-9 Obedience to stop sign 75.00 85.00
31-21-4 Places where parking or stopping
prohibited 75.00 85.00
31-21-14 Opening of vehicle doors 45.00 85.00
31-22-2 Improper backing up 75.00 85.00
31-22-4 Overloading vehicle 75.00 85.00
31-22-5 Violation of safety zone 75.00 85.00
31-22-6 Coasting 75.00 85.00
31-22-7 Following fire apparatus 75.00 85.00
31-22-8 Crossing fire hose 75.00 85.00
31-22-9 Throwing debris on highway –
snow removal 75.00 85.00
31-22-11.5 Improper use of school bus –
not to ex-
ceed five
hund-
red dollars
($500)
for each day
of
improper use
31-22-22(a) No child restraint 75.00 85.00
31-22-22(a) Child restraint/seat belt but not in
any rear seating
position
75.00 85.00
31-22-22(b), (f) No seat belt – passenger 75.00 85.00
31-22-22(g) No seat belt - operator 75.00 85.00
31-22-23 Tow trucks - proper identification 275.00
31-22-24 Operation of interior lights 75.00 85.00
31-23-1(b)(2) U.S. department of transportation
motor carrier safety
rules and regulations Not less than
$25.00 85.00
or more than
$500.00
31-23-1(e)(6) Removal of an "out of service vehi-
cle" sticker 125.00
31-23-1(e)(7) Operation of an "out of service ve-
hicle" 100.00
31-23-4 Brake equipment required 75.00 85.00
31-23-8 Horn required 75.00 85.00
31-23-10 Sirens prohibited 75.00 85.00
31-23-13 Muffler required 75.00 85.00
31-23-13.1 Altering height or operating a mo-
tor vehicle with an
altered height
75.00 85.00
31-23-14 Prevention of excessive fumes or
smoke 75.00 85.00
31-23-16 Windshield and window stickers
(visibility) 75.00 85.00
31-23-17 Windshield wipers 75.00 85.00
31-23-19 Metal tires prohibited 75.00 85.00
31-23-20 Protuberances on tires 75.00 85.00
31-23-26 Fenders and wheel flaps required 75.00 85.00
31-23-27 Rear wheel flaps on buses, trucks
and trailers 75.00 85.00
31-23-29 Flares or red flag required over
four thousand pounds (4,000
lbs.) 75.00 85.00
31-23-40 Approved types of seat belt re-
quirements 75.00 85.00
31-23-42.1 Special mirror - school bus 75.00 85.00
31-23-43 Chocks required (1 pair) - over
four thousand pounds (4,000
lbs.) 75.00 85.00
31-23-45 Tire treads - defective tires 75.00 85.00
31-23-47 Slow moving emblem required 75.00 85.00
31-23-49 Transportation of gasoline – pas-
senger vehicle 75.00 85.00
31-23-51 Operating bike or motor vehicle
wearing ear phones 60.00 85.00
(first
offense)
70.00 95.00
second
offense
140.00 for the
third and
each subse-
quent offense
31-24-1 Times when lights required 75.00 85.00
through
31-24-54
31-25-03 Maximum width of one hundred
and two inches (102")
exceeded 75.00 85.00
31-25-04 Maximum height of one hundred
sixty-two inches (162")
exceeded 75.00 85.00
31-25-06 Maximum number and length of
coupled vehicles 500.00
31-25-07 Load extending three feet (3')
front, six feet (6') rear
exceeded 75.00 85.00
31-25-9 Leaking load 75.00 85.00
31-25-11 Connections between coupled vehi-
cles
75.00 85.00
31-25-12 Towing chain, twelve inch (12")
square flag required 75.00 85.00
31-25-12.1 Tow truck - use of lanes (first
offense) 50.00 85.00
second offense 75.00 95.00
100.00 for the
third and
each subse-
quent offense
31-25-14(d)(1) Maximum weight and tandem ax-
les 125.00
31-25-14(d)(2) Maximum weight and tandem ax-
les 125.00
31-25-14(d)(3) Maximum weight and tandem ax-
les 125.00
31-25-16(c)(2) Maximum weight shown in regis-
tration 65.00 85.00
per
thousand lbs.
overweight or
portion
thereof.
31-25-16(c)(3) Maximum weight shown in Regis-
tration 125.00 per
thousand lbs.
overweight or
portion thereof.
31-25-16(c)(4) Maximum weight shown in Regis-
tration 1,025.00 plus
$125.00 per
thousand
pounds
overweight or
portion thereof.
31-25-17 Identification of trucks and truck-
tractors (first offense) 50.00 85.00
(second offense) 75.00 95.00
125.00 for the
third and
subsequent
offenses
31-25-24 Carrying and inspection of excess
load limit 175.00
31-27-2.3 Refusal to take preliminary breath
test
75.00 85.00
31-28-7(d) Wrongful use of handicapped
parking placard 500.00
31-28-7(f) Handicapped parking space viola-
tion:
First offense 100.00
Second offense 175.00
Third offense and subsequent of-
fenses 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 85.00
31-36.1-17 No fuel tax stamp (out-of-state)
75.00 85.00 and not
exceeding
($100) for
subsequent
offense
31-38-3 No inspection sticker 75.00 85.00
31-38-4 Violation of inspection laws 75.00 85.00
31-47.2-06 Heavy-duty vehicle emission in-
spections:
First offense 125.00
Second offense 525.00
Third and subsequent offenses 1,025.00
37-15-7 Littering not less than
55.00
not more
than five
hundred dol-
lars ($500)
39-12-26 Public carriers violation 300.00
SPEEDING Fine
(A) One to ten miles per hour (1-10 mph)
in excess of posted speed limit $ 85.00 $95.00
(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 195.00 205.00
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.
(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.
31-41.1-7. Application for dismissal based on good driving record. -- (a) Any person who has had a motor vehicle operator's license for more than three (3) years, and who has been issued traffic violations which are his or her first violations within the preceding three (3) years, may request a hearing seeking a dismissal of the violations based upon the operator's good driving record.
(b) Upon submission of proper proof that the operator has not been
issued any other traffic violation within the past three (3) years, the charge
shall, except for good cause shown or as otherwise provided by law, be
dismissed based upon a good driving record; provided, that the operator pay a twenty-five
dollar ($25.00) thirty-five dollar ($35.00) administrative fee for
court costs associated with the dismissal.
(c) The traffic tribunal may not dismiss a charge pursuant to this section after six (6) months from the date of disposition. For purposes of this section, a parking ticket shall not constitute a prior violation.
(d) The following violations shall not be dismissed pursuant to this statute:
(1) Any violation within the original jurisdiction of superior or district court;
(2) A refusal to submit to a chemical test of breath, blood or urine pursuant to section 31-27-2.1;
(3) Any violation involving a school bus;
(4) Any violation involving an accident where there has been property damage or personal injury;
(5) Any speeding violation in excess of fourteen miles per hour (14 m.p.h.) above the posted speed limit;
(6) Any violation involving child restraints in motor vehicles pursuant to section 31-22-22;
(7) Any violation committed by a holder of a commercial license as defined in section 31-10.3-3 or any violation committed in a commercial motor vehicle as defined in section 31-10.3-3 by an operator who does not hold a commercial license.
(e) If the charge is dismissed pursuant to this section, records of the dismissal shall be maintained for a period of three (3) years.
(f) The judge or magistrate shall have the discretion to waive
court costs and fees when dismissing a violation pursuant to this section, with
the exception of the mandatory twenty-five dollars ($25.00) thirty-five
dollars ($35.00) administrative fee provided for in section 31-41.1-7(b).
SECTION 3.
Section 8-8.2-2 of the General Laws in Chapter 8-8.2 entitled "Traffic
tribunal" is hereby amended to read as follows:
8-8.2-2. Jurisdiction. -- (a) Notwithstanding any inconsistent provision of law, all probationary license hearings as provided in section 31-10-26, all violations of the department of transportation, department of environmental management or board of governors for higher education regulations regarding parking, standing, or stopping in areas under the jurisdiction of said agencies, all violations of state statutes relating to motor vehicles, littering and traffic offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the United States, and except driving so as to endanger resulting in death, driving so as to endanger resulting in personal injury, driving while under the influence of liquor or drugs, driving while under the influence of liquor or drugs resulting in death, driving while under the influence of liquor or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety as provided in section 31-27-4, eluding a law enforcement officer with a motor vehicle in a high speed pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an accident in violation of section 31-26-1 and section 31-26-2, and driving without the consent of the owner and possession of a stolen motor vehicle in violation of section 31-9-1 and section 31-9-2, shall be heard and determined by the traffic tribunal pursuant to the regulations promulgated by the chief magistrate of the traffic tribunal; provided, however, the traffic tribunal shall not hear any parking, standing or stopping violations which occur in any city or town which has established its own municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate the powers of the Rhode Island family court under the provisions of chapter 1 of title 14.
(b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief magistrate of the traffic tribunal, all violations of any ordinances, rules and regulations governing the public waters and the speed, management and control of all vessels and the size, type and location and use of all anchorages and moorings within the jurisdiction of the towns of North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms "traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid violations and such violations shall be adjudicated in accordance with the provisions of this chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal management council under the provisions of chapter 23 of title 46.
(c) Notwithstanding any inconsistent provision of law, the traffic
tribunal shall have jurisdiction to hear and determine, pursuant to rules and
regulations promulgated by the chief judge of the district court magistrate
of the Rhode Island traffic tribunal, all civil violations for sections
20-1-12, 20-11-20, 20-16-17, 23-22.5-9, 32-2-4 and subsection 46-22-19(1) as
set forth in section 42-17.10-1.
(d) Violations of any statute, rule,
ordinance or regulation referenced in this section are subject to fines
enumerated in section 31-41.1-4.
SECTION 4. Sections
24-10-17, 24-10-18, and 24-10-20 of the General Laws in Chapter 24-10 entitled
"Freeways" are hereby amended to read as follows:
24-10-17. Soliciting rides in motor vehicles. --
(a) Any person who endeavors by words, gestures, or otherwise to beg, invite,
or secure transportation in any motor vehicle on any freeway within the state,
except in the case of a bona fide emergency or in the case of sickness, shall
be guilty of a misdemeanor. Violations of this section are subject to fines
enumerated in section 31-41.1-4. and
shall be punished by a fine of not more than forty dollars ($40.00).
(b) Any person who endeavors to solicit a ride in a motor vehicle
in the manner described in this section on the traveled portion of any other
public highway in this state shall be guilty of a misdemeanor. Violations of
this section are subject to fines enumerated in section 31-41.1-4. and
shall be punished by a fine of not more than forty dollars ($40.00).
24-10-18. Backing up prohibited. -- Any person who
backs up a motor vehicle on a roadway or shoulder of any freeway within the
state, shall be guilty of a misdemeanor. Violations of this section are
subject to fines enumerated in section 31-41.1-4. and shall be punished by a fine of not more than seventy-five
dollars ($75.00).
24-10-20. Park and ride lots. -- Park and ride
lots, also known as fringe and transportation corridor parking facilities, are
facilities which are intended to be used for the temporary parking of passenger
vehicles and which are located and designed so as to facilitate the safe and
convenient transfer of persons traveling in passenger vehicles to and from high
occupancy vehicles and/or public mass transportation systems including rail.
Any other vehicle parked and/or property, including but not limited to, boats
or commercial type trailer boxes, stored at those lots will be fined and towed
at owner's expense. State and local law enforcement officials have authority to
ticket and tow any vehicles under this statute. Violations of this section
are subject to fines enumerated in section 31-41.1-4. and the fines
shall be seventy-five dollars ($75.00) per occurrence.
SECTION 5. Section
31-3-18 of the General Laws in Chapter 31-3 entitled "Registration of
Vehicles" is hereby amended to read as follows:
31-3-18. Display of plates -- Penalties. -- (a) Registration plates issued for a motor vehicle other than a motorcycle, trailer, transporter vehicle, in-transit vehicle, or a bailee engaged in a business as defined in section 31-1-17(a), or other than a motor vehicle owned by a duly authorized dealer in motor vehicles and which is used in the dealer's business shall be attached thereto one in the front and the other in the rear. The registration plate issued for a motorcycle, trailer, bailee, or a dealer's motor vehicle as defined in this subsection shall be attached to the rear of the vehicle.
(b) Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging at a height of not less than twelve inches (12") from the ground, measuring from the bottom of the plate; in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.
(c) Penalties. - Any person who shall violate the provisions of
this section shall be guilty of a violation and subject to a fine of not
more than seventy-five dollars ($75.00) as enumerated in section
31-41.1-4.
(d) All vehicles registered as passenger, commercial, trailer, motorcycle, suburban, farm, combination, taxi, radio operator, camper, public, racer tow, jitney, and antique must have displayed on them the registration plate(s) commonly known as the general issuance "wave plate". This subsection does not apply to those registrants in possession of an alternative design plate as described in section 31-3-60 or any other specially authorized plate described in this chapter.
SECTION 6. Section
31-10.1-4 of the General Laws in Chapter 31-10.1 entitled "Special License
for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby
amended to read as follows:
31-10.1-4. Required equipment. -- Operators of
motorcycles, motor scooters, and motor-driven cycles shall use eye protection
of a type approved by the administrator of the division of motor vehicles when
operating their vehicles on streets and highways. Every motorcycle, motor
scooter, and motor-driven cycle shall be equipped with a rear view mirror. Any
operator under the age of twenty-one (21) shall wear a helmet of a type
approved by the administrator of motor vehicles. In addition, all new
operators, regardless of age, shall be required, for a period of one year from
the date of issuance of the first license pursuant to section 31-10.1-1, to
wear a helmet of a type approved by said administrator. Any person deemed in
violation of this provision shall be fined sixty dollars ($60.00) subject
to the fines enumerated in section 31-41.1-4, which shall be paid in
accordance with the provisions of chapter 41.1 of this title. The administrator
of the division of motor vehicles is authorized to set forth rules and
regulations governing the use of other equipment on those vehicles. All fines
collected under this section shall be deposited in a general restricted receipt
account for the use of the Rhode Island governor's office on highway safety in
order to promote educational and informational programs encouraging helmet use.
SECTION 7. Section
31-17-9 of the General Laws in Chapter 31-17 entitled "Right-of-Way"
is hereby amended to read as follows:
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) subject to the fines enumerated in section
31-41.1-4.
SECTION 8. Section
31-21-14 of the General Laws in Chapter 31-21 entitled "Stopping,
Standing, and Parking Restrictions" is hereby amended to read as follows:
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) as provided in section 31-41.1-4.
SECTION 9. Sections
31-22-22 and 31-22-23 of the General Laws in Chapter 31-22 entitled
"Miscellaneous Rules" are hereby amended to read as follows:
31-22-22. Safety belt use -- Child restraint. -- (a) (1) Any person transporting a child under the age of 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 any rear seating position of the motor vehicle properly restrained in a child restraint system approved by the United States Department of Transportation under Federal Standard 213. If the child is 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 any rear seating position of the motor vehicle. For the purpose of this section, applying to all parts of this section, "rear seating position" means any seating positions located behind the driver and front seat passenger. Under this subsection, a child must be properly restrained in the front seat if:
(i) The vehicle is not equipped with a back seat; or
(ii) All rear 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 the failure to wear the child restraint system, seat belt and/or shoulder harness be admissible as evidence in the trial of any civil action.
(b) (1) Any operator of a motor vehicle transporting a child who has attained the age of seven (7) years but is under eighteen (18) years of age in any seating position within 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) Any operator of a motor vehicle under eighteen (18) years old shall properly wear a safety belt and/or shoulder harness system.
(3) This subsection applies only to those motor vehicles required by federal law to have safety belts.
(c) (1) Any person deemed in violation of subsection (a) of this
section shall be issued a citation. If the cited person presents proof of
purchase of a federally approved child restraint system under Standard 213 to the
issuing police department within seven (7) days of issuance, the department
shall void the violation. If the individual fails to present proof of purchase,
he or she shall be required to appear for a hearing before the traffic
tribunal, and shall be fined seventy-five dollars ($75) as provided
in section 31-41.1-4 for each offense, and it shall not be recorded on the
person's driving record within the rules and regulations governing chapter 41.1
of this title.
(2) Any person violating subsection (b) of this section shall be
fined seventy-five dollars ($75.00) as provided in section 31-41.1-4
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) Notwithstanding the provisions of subsection (a) 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 a rear seating position, in violation of subsection (a) of this section, shall be subject only to the fine contained in subdivision (c)(2) of this section.
(e) All fines collected for violations of this section shall be payable to the state of Rhode Island. Fifty percent (50%) of the proceeds shall be shared with the municipality whose law enforcement department issued the citation for the violations.
(f) (1) Any operator of a motor vehicle transporting a person eighteen (18) years of age and older in any seating position of a motor vehicle operated on the roadways, streets or highways of this state shall ensure that the person be properly wearing a safety belt and/or shoulder harness system, as defined by Federal Motor Vehicle Safety Standard 208.
(2) The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.
(g) (1) Any person who is an operator of a motor vehicle shall be properly wearing a safety belt and/or shoulder harness system as defined by Federal Motor Vehicle Safety Standard 208 while the vehicle is in operation on any of the roadways, streets, or highways of this state.
(2) The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.
(h) In no event shall failure to be properly restrained by a child restraint system or safety belt be considered as negligence, nor the failure to be properly restrained by the child restraint system or safety belt be admissible as evidence in the trial of any civil action.
(i) The provisions of subsections (b), (f) and (g) of this section shall 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. The verification time period shall not exceed 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.
(j) A program of public information and education designed to educate the motoring public to the benefits of wearing safety belt systems, shall be developed by the department of transportation's governor's office on highway safety. The department of transportation's office on highway safety, in cooperation with the 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.
(k) 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 subsections (f) or (g) of this section; provided, that a motor vehicle may be stopped for failure to comply with the child restraint system as described in subsections (a) and (b) of this section.
(l) Any person violating subsection (f) or (g) of this section
shall be fined seventy-five dollars ($75.00) as provided in section
31-41.1-4. Any conviction for violating subsection (f) or (g) of this
section shall not be recorded on that person's driving record within the rules
and regulations governing chapter 41.1 of this title.
31-22-23. Tow trucks -- Identification required. -- (a) Every motor vehicle used for the purpose of towing or assisting disabled motor vehicles shall display, in sharp color contrast to the background, and be of such size, shape, and color as to be readily legible during daylight hours, from a distance of fifty feet (50') while the vehicle is not in motion; the name, address, and telephone number of the registered owner shall be displayed on both sides of the vehicle.
(b) Any person violating this section shall be fined two
hundred and seventy-five dollars ($275)
as provided in section 31-41.1-4.
(c) Any vehicle, except those vehicles exempt from regulation pursuant to the provisions of section 39-12-3, which are used for the purpose of towing or assisting disabled motor vehicles, which does not have a towing certificate issued by the division of public utilities must have the words "Limited Towing" lettered upon the hood or fenders of the vehicle. The letters must be four inches (4") high in a color which contrasts with the vehicle color and must be on both sides of the hood or both sides of the front fender.
(d) Any person who shall violate this provision shall be fined not more than one hundred dollars ($100) upon conviction for a first offense, not more than two hundred and fifty dollars ($250) upon conviction for a second offense, and for each subsequent conviction may be fined not more than five hundred dollars ($500).
SECTION 10. Sections
31-23-1, 31-23-49 and 31-23-51 of the General Laws in Chapter 31-23 entitled
"Equipment and Accessories Generally" are hereby amended to read as
follows:
31-23-1. Driving of unsafe vehicle -- Disobedience of requirements -- Inspections of motor carriers -- Fines. -- (a) It is a civil violation for any person to drive or move, or for the owner, employer or employee to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such an unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with lamps and other equipment in proper condition and adjustment as required in this chapter or chapter 24 of this title, or for any person to do any act forbidden or fail to perform any act required under these chapters.
(b) (1) For the purpose of reducing the number and severity of accidents, all commercial motor vehicles must meet applicable standards set forth in this chapter and chapter 24 of this title and in the federal motor carrier safety regulations (FMCSR) contained in 49 CFR Parts 387 and 390-399, and the Hazardous Materials Regulations in 49 CFR Parts 107 (subparts F and G only), 171-173, 177, 178 and 180, as amended except as may be determined by the administrator to be inapplicable to a state enforcement program, as amended and adopted by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration, as may be amended from time to time. Part 391.11(b)(1) of FMCSR, 49 CFR 391.11(b)(1) shall not apply to intrastate drivers of commercial motor vehicles except for drivers of school buses and vehicles placarded under 49 CFR Part 172, Subpart F. Rules and Regulations shall be promulgated by the director of the department of administration for the administration and enforcement of motor carrier safety. The rules and regulations shall be promulgated to ensure uniformity in motor carrier safety enforcement activities and to increase the likelihood that safety defects, driver deficiencies, and unsafe carrier practices will be detected and corrected.
(2) Any carrier convicted of violating the rules and regulations
established pursuant to this subsection shall be fined not less than
twenty-five dollars ($25.00) or more than five hundred dollars ($500) as
provided in section 31-41.1-4 for each offense.
(c) For the purposes of this section, "carrier" is defined as any company or person who furthers their commercial or private enterprise by use of a vehicle that has a gross vehicle weight rating (GVWR) of ten thousand and one (10,001) or more pounds, or that transports hazardous material.
(d) Authorized examiners, investigators, officers, or regulatory inspectors from the department of administration with proper identification issued by the director of the department of administration, the state police, and local law enforcement officials with proper identification certifying they are qualified motor carrier enforcement personnel trained according to subsection (f) of this section, shall have a right of entry and authority to examine all equipment of motor carriers and lessors and enter upon and perform inspections of motor carrier vehicles in operation. They shall have authority to inspect, examine, and copy all accounts, books, records, memoranda, correspondence and other documents of the motor carriers and or lessors and the documents, accounts, books, records, correspondence, and memoranda of any person controlling, controlled by, or under common control of any carrier which relate to the enforcement of this chapter.
(e) (1) Authorized examiners, investigators, officers, or regulatory inspectors from the state police, local law enforcement officials or the department of administration shall declare "out of service" any motor vehicle which, by reason of its mechanical condition or loading, is so imminently hazardous to operate as to be likely to cause an accident or a breakdown. An "out of service vehicle" sticker shall be used to mark vehicles out of service. The "out of service vehicle" sticker shall be affixed to the driver's window on power units placed out of service and, affixed to the left front corner of trailers or semi-trailers placed out of service.
(2) No person shall remove the "out of service vehicle" sticker from any motor vehicle prior to completion of all repairs required by the "out of service" notice.
(3) Any motor vehicle discovered to be in an unsafe condition while being operated on the highway may be continued in operation only to the nearest place where repairs can be safely effected.
(4) Operation in an unsafe condition will be conducted only if it is less hazardous to the public than to permit the vehicle to remain on the highway.
(5) A motor carrier shall not require or permit a person to operate a motor vehicle declared out of service until all the repairs required by the out of service notice are satisfactorily completed.
(6) Any person convicted of unauthorized removal or causing to be
removed an "out of service vehicle" sticker shall be fined one hundred
twenty-five dollars ($125) as provided in section 31-41.1-4.
(7) Any person convicted of operating or causing to operate an
"out of service vehicle" on a public highway shall be fined one
hundred dollars ($100) as provided in section 31-41.1-4.
(f) In order to enforce the provisions of this section, authorized examiners, investigators, officers, or regulatory inspectors must satisfactorily complete a course of instruction as prescribed by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration in the federal motor carrier safety regulations (FMCSR) safety inspection procedures, and out of service criteria with at least annual in-service training covering the prescribed instruction.
(g) Violations of the provisions of this section shall be recorded in the commercial vehicle inspection report approved by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety Administration in addition to the appropriate Rhode Island state uniform summons.
(h) Any fine imposed as a result of a violation of this section shall not be subject to any additional assessments imposed pursuant to any other laws of the state of Rhode Island.
31-23-49. Transportation of gasoline -- Penalty. -- (a) No motor vehicle shall be used to transport gasoline, except those which are duly registered with and approved by the division of motor vehicles. No container of whatever kind may be used to transport gasoline, except under the rules and regulations that may be promulgated and approved by the state fire marshal. The rules and regulations on containers shall, among other facets, regulate the size and kinds of containers that may be used to transport gasoline in the state of Rhode Island. Unless there exists an emergency condition that would require the transportation of gasoline by motor vehicle in a container or otherwise in response to an individual's or the general public's health, safety, or welfare, no person, firm, or corporation shall transport gasoline by motor vehicle, container, or otherwise except as provided in this section. This section shall not be applicable to any vehicle subject to the jurisdiction and regulatory authority of the federal government or any of its agencies.
(b) Any person, firm, or corporation convicted of violating the
provisions of this section or the rules and regulations promulgated by the
state fire marshal or the division of motor vehicles under this section shall,
upon conviction, be subject to a fine of not more than seventy-five dollars
($75.00) the fines enumerated in
section 31-41.1-4.
31-23-51. Earphones and headsets prohibited. --
(a) A person shall not drive a bicycle or motor vehicle upon any highway while
wearing earphones or a headset. Any person who violates this section shall be
fined (1) sixty dollars ($60.00) eighty-five dollars ($85.00) for
the first offense, (2) seventy dollars ($70.00) ninety-five dollars
($95.00) for the second offense, and (3) one hundred forty dollars ($140)
for the third and each subsequent offense.
(b) This section shall not apply to any emergency vehicle operator using an integrated intercom system.
SECTION 11. Sections
31-25-12.1, 31-25-16 and 31-25-17 of the General Laws in Chapter 31-25 entitled
"Size, Weight, and Load Limits" are hereby amended to read as
follows:
31-25-12.1. Vehicles to be towed in right lane. -- (a) When a tow truck or other vehicle is towing another vehicle, except those vehicles designed to be in combination, in this state upon any public highway divided into two (2) or more clearly marked lanes for travel in the same direction, it shall be unlawful to tow except in the right lane of travel on a two (2) line highway, and in the two (2) right lanes of travel on a highway with three (3) or more lanes.
(b) Any person who violates the provisions of this section shall,
upon conviction, be fined : in accordance with the penalties provided
in section 31-41.1-4.
(1) Fifty dollars ($50.00) for the first offense;
(2) Seventy five dollars ($75.00) for the second offense; and
(3) One hundred dollars ($100) for the third and each subsequent
offense.
31-25-16. Authorized weight shown in registration -- Exceeding limit. -- (a) The administrator of the division of motor vehicles shall insert in the registration card issued for a vehicle the gross weight for which it is registered. If it is a truck tractor to be used for propelling semi-trailers, he or she shall separately insert the total permissible gross weight of the truck tractor and semi-trailers to be propelled by it. It shall be unlawful for any carrier to operate or permit to be operated any vehicle or combination of vehicles of a gross weight in excess of that registered or permitted by the administrator of the division of motor vehicles, or in excess of the limitations set forth in this chapter.
(b) For the purposes of this section, "carrier" means and includes any company or person who furthers their commercial or private enterprise by use of the vehicle.
(c) (1) Penalties for violations of this section will be calculated on the registered or permitted weight in comparison to the actual weight and shall be heard and adjudicated at the traffic tribunal.
(2) The overweight penalties for vehicles with ten thousand pounds
(10,000 lbs.) gross vehicle weight or less shall be sixty-five dollars
($65.00) eighty-five dollars ($85.00) per thousand pounds overweight
or portion of it.
(3) The overweight penalties for vehicles exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight shall be one hundred twenty-five dollars ($125.00) per thousand pounds overweight or portion of it.
(4) The overweight penalty for vehicles being operated in excess of one hundred four thousand, eight hundred pounds (104,800 lbs.) gross vehicle weight shall be one thousand twenty-five dollars ($1,025) in addition to the penalties enumerated in subsection (b)(2) of this section.
31-25-17. Identification of trucks and truck-tractors. -- (a) Every motor truck and every truck-tractor exceeding a gross vehicle weight or gross combination weight of ten thousand pounds (10,000 lbs.) shall be identified with the name, trade name, or company identifying logo and the city and state of the owner and operating carrier, or individual transporting property, when that transportation is for the furtherance of any commercial enterprise. However, in lieu of the city and state, one of the following may be displayed on the vehicle:
(1) The interstate commerce commission number if a regulated interstate carrier; or
(2) An identifying number issued by an official state agency.
(b) The display of identification prescribed by this section shall be in letters in sharp color contrast to the background and be of such size, shape, and color as to be readily legible, during daylight hours, from a distance of fifty feet (50') while the vehicle is not in motion. The display of identification may be accomplished through the use of a removable device so prepared as to otherwise meet the identification requirements and legibility requirements of this section, if the vehicle is operated by any company or carrier. Nothing in this section shall prohibit the display of additional identification as may be required by other laws of this state or any other state, or agency or department of the federal government.
(c) Penalties for violations of this section shall be handled by
the traffic tribunal and the fines shall be as follows: as provided
for in section 31-41.1-4.
(1) Fifty dollars ($50.00) for the first offense;
(2) Seventy-five dollars ($75.00) for the second offense;
(3) One hundred twenty-five dollars ($125) for the third and
subsequent offenses.
SECTION 12. Section
31-33-2 of the General Laws in Chapter 31-33 entitled "Safety Responsibility
Violations - General Provisions" is hereby amended to read as follows:
31-33-2. Failure to file accident report. --
Failure to report an accident as required in section 31-33-1 shall be punished
by a fine of forty-five dollars ($45.00) as provided for in section
31-41.1-4, and the division of motor vehicles shall suspend the license of
the person failing to make report, or the nonresident's operating privilege of
the person, until a report has been filed and for any further period not to exceed
thirty (30) days that the division of motor vehicles may fix.
SECTION 13. Section
31-36.1-17 of the General Laws in Chapter 31-36.1 entitled "Fuel Use
Reporting Law" is hereby amended to read as follows:
31-36.1-17. Penalties. -- (a) Any motor carrier
failing to secure or display upon demand the license or identification device
required in section 31-36.1-3, or under the International Fuel Tax Agreement
shall be guilty of a civil violation and subject to a fine not exceeding: (1) seventy-five
dollars ($75) eighty-five dollars ($85.00) for the first offense and
(2) not exceeding one hundred dollars ($100) for subsequent offenses. Any motor
carrier willfully violating any other provisions of this chapter shall be
deemed guilty of a civil violation and subject to a fine not exceeding one
hundred dollars ($100) for the first offense and not exceeding five hundred
dollars ($500) for subsequent offenses.
(b) Filing of a false statement to obtain credit or refund. - Any person who willfully and knowingly makes a false statement orally, in writing, or in the form of a receipt for the sale of motor fuel, for the purpose of obtaining, attempting to obtain, or to assist any other person, partnership, or corporation to obtain or attempt to obtain a credit or refund or reduction of liability for taxes under this chapter, shall be fined not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), or be imprisoned not more than one year, or both.
(c) Failure to file return or pay tax. - When any motor carrier fails to file a return within the time prescribed by this chapter for the filing of it or fails to pay the amount of taxes due when they are payable, a penalty of ten percent (10%) or fifty dollars ($50.00), whichever is greater, shall be added to the amount of the tax due, and the penalty shall immediately accrue, and the tax shall bear interest at the annual rate provided by section 44-1-7, as amended, until the tax is paid. The tax administrator may waive all or part of the penalties provided in this chapter when it is proved to the tax administrator's satisfaction that the failure to file the return or pay the taxes on time was due to reasonable cause.
SECTION 14. Section 31-8-1 of the
General Laws in Chapter 31-8 entitled "Offenses Against Registration and
Certificate of Title Laws" is hereby amended to read as follows:
31-8-1. Operation of vehicles without evidences of
registration. -- No person shall operate, nor shall an owner
knowingly permit to be operated, upon any highway or bicycle trail or path, any
vehicle required to be registered pursuant to this title unless there has been
issued for it a valid registration card and unless there is attached to it and
displayed on it, when and as required by chapters 3 -- 9 of this title, a valid
registration plate or plates issued for it by the division of motor vehicles
for the current registration year except as otherwise expressly permitted in
those chapters. Any violation of this section shall be punishable by a fine of not
less than fifteen dollars ($15.00) nor more than fifty dollars ($50.00) eighty-five
dollars ($85.00).
SECTION 15. Section
31-10-6.4 of the General Laws in Chapter 31-10 entitled "Operators' and
Chauffeurs' Licenses" is hereby amended to read as follows:
31-10-6.4. Violations. -- It is unlawful for the
holder of a limited learner's permit, a temporary permit or a limited
provisional license to drive a motor vehicle in violation of the restrictions
that apply to that permit or license. Failure to comply with a restriction
concerning time of driving or the presence of a supervising driver in the
vehicle constitutes operating a motor vehicle without a license. Failure to
comply with any other restriction, including seating and passenger limitations,
is an infraction punishable by a monetary fine of thirty eighty-five
dollars ($30.00) ($85.00) for the first offense, sixty ninety-five
dollars ($60.00) ($95.00) for the second offense, and one hundred
dollars ($100.00) for a third or any subsequent offenses.
SECTION 16. Section
31-27-6 of the General Laws in Chapter 31-27 entitled "Motor Vehicle
Offenses" is hereby amended to read as follows:
31-27-6. Lanes of operation. -- (a) Any bus, commercial vehicle, camper, vehicle registered as a camper, trailer, or vehicle carrying a camper or trailer traveling on Rhode Island interstate highways shall be allowed to travel only in the first two (2) right hand lanes, except in cases of left hand exits, in which case the vehicle shall be allowed to enter the third and fourth left hand lanes one mile prior to an exit.
(b) For the purpose of this section, "commercial vehicle" means any vehicle registered for commercial purposes and designed and used primarily for the transportation of goods, wares, or merchandise. "Bus" means any vehicle designed for carrying ten (10) or more passengers and used primarily for the transportation of persons.
(c) The provisions of this section shall only be effective during
the period that official traffic signs are in place to notify operators of the
provisions of this section. Any persons violating the provisions of this
section upon conviction shall be fined not more than twenty-five dollars
($25.00) eighty-five dollars ($85.00).
SECTION 17. Section
37-15-7 of the General Laws in Chapter 37-15 entitled "Litter Control and
Recycling" is hereby amended to read as follows:
37-15-7. Penalties. -- (a) Any person convicted
of a first violation of this chapter shall, except where a penalty is
specifically set forth, be subject to a fine of not less than fifty-five
dollars ($55.00) eighty-five dollars ($85.00) nor more than five
hundred dollars ($500). In addition to or in lieu of the fine imposed
hereunder, the person so convicted may be ordered to pick up litter for not
less than two (2), nor more than twenty-five (25) hours.
(b) Any person convicted of a second or subsequent violation of this chapter shall, except where a penalty is specifically set forth, be subject to a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500). In addition to or in lieu of the fine imposed upon a second or subsequent violation of this chapter, the person so convicted may be ordered to pick up litter for not less than four (4), nor more than fifty (50) hours.
(c) Jurisdiction to punish violators of the provisions of this chapter is conferred on the traffic tribunal.
(d) Any person convicted of a violation of this chapter shall, in addition to all other penalties, be liable for the removal or cost of removal of all litter illegally disposed of by that person. The traffic tribunal may hold the registration of any vehicle owned by the violator and used in the act of littering until the aforementioned liability is satisfied.
(e) The funds received by a state law enforcement agency shall be deposited as general revenues.
(f) Penalties of fifty-five dollars ($55.00) eighty-five
dollars ($85.00) for violations of section 37-15-7 may be disposed of
without the necessity of personally appearing before the traffic tribunal. Said
penalty may be handled administratively by mailing a check or money order,
together with properly executed form provided to the appropriate address as set
forth in the summons issued by the enforcing agent.
SECTION 18. All
additional revenue received by the Rhode Island Traffic Tribunal or any
municipal court as a direct result of increase in fees as provided for in this
article shall be deposited in the general fund as general revenues. In the
event that a fine listed in section 31-41.1-4 does not correspond to a fine
listed in the section of law that creates the violation, the fine listed in
section 31-41.1-4 shall take precedence.
SECTION 19. This article shall take
effect July 1, 2008 and shall apply to all offenses committed on July 1, 2008
and thereafter.