Chapter 092
2010 -- S 2706 SUBSTITUTE A
Enacted 06/19/10
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES -- PEDESTRIANS AND BICYCLES
Introduced By: Senators Connors, Miller, DaPonte, and DiPalma
Date Introduced: March 18, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. 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:
31-15-18. Unsafe passing of a person operating a bicycle; penalty. –
(a) A driver of a
motor vehicle commits the offense of unsafe passing of a
person operating a bicycle if the driver
violates any of the following requirements:
(1) The driver of a
motor vehicle may only pass a person operating a bicycle by driving
to the left of the bicycle at a safe distance and
returning to the lane of travel once the motor
vehicle is safely clear of the overtaken bicycle. For the
purposes of this subdivision, a “safe
distance” means a distance that is sufficient to prevent
contact with the person operating the
bicycle if the person were to fall into the driver’s lane of
traffic. This subdivision does not apply
to a driver operating a motor vehicle:
(i)
In a lane that is separate from and adjacent to a designated bicycle lane;
(ii) At a speed not
greater than fifteen miles per hour (15 mph); or
(iii) When the driver
is passing a person operating a bicycle on the person’s right side and
the person operating the bicycle is turning left.
(2) The driver of a
motor vehicle may drive to the left of the center of a roadway to pass a
person operating a bicycle proceeding in the same direction
only if the roadway to the left of the
center is unobstructed for a sufficient distance to permit
the driver to pass the person operating
the bicycle safely and avoid interference with oncoming
traffic. This subdivision does not
authorize driving to the left of center of a roadway when
prohibited under section 31-15-1 (failure
to drive on right), section 31-15-3 (passing of vehicles
proceeding in opposite directions) or
section 31-15-13 (divided highway).
(b) The driver of a
motor vehicle that passes a person operating a bicycle shall return to
an authorized lane of traffic as soon as practicable.
(c) Violations of
this section are subject to the fine enumerated in section 31-41.1-4.
(d) This section may
be cited as "Frank's Law."
SECTION 2. Section 31-41.1-4 of the General Laws in Chapter
31-41.1 entitled
"Adjudication of
Traffic Offenses" is hereby amended to read as follows:
31-41.1-4.
Schedule of violations. -- (a) The
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
VIOLATIONS SCHEDULE
8-8.2-2 DOT, DEM, or
other agency and department violations $85.00
24-10-17
Soliciting rides in motor vehicles 85.00
24-10-18 Backing up prohibited 85.00
24-10-20 Park and ride
lots 85.00
24-12-37 Nonpayment of
toll 100.00
31-3-12 Visibility of
plates 85.00
31-3-18 Display of
plates 85.00
31-3-32 Driving with expired registration 85.00
31-3-34 Failure to
notify division of change of address 85.00
31-3-35 Notice of change
of name 85.00
31-3-40 Temporary plates
- dealer issued 85.00
31-4-3 Temporary
registration - twenty (20) day bill of sale 85.00
31-10-10 Rules as to
armed forces license 85.00
31-10-30 Driving on expired license 85.00
31-10-32 Notice of
change of address 85.00
31-10.1-4 No motorcycle
helmet (operator) 85.00
31-10.1-5 Motorcycle
handlebar violation 85.00
31-10.1-6 No motorcycle
helmet (passenger) 85.00
31-10.1-7 Inspection of
motorcycle required 85.00
31-12-12 Local motor
vehicle ordinance 85.00
31-13-04 Obedience to
devices 85.00
31-13-6(3)(i) Eluding traffic light 85.00
31-13-09 Flashing signals 85.00
31-13-11 Injury to signs
or devices 85.00
31-14-1 Reasonable and
prudent speed 95.00
31-14-03 Condition
requiring reduced speed 95.00
31-14-09 Below minimum speed 95.00
31-14-12 Speed limit on
bridges and structures 95.00
31-15-1 Leaving lane of
travel 85.00
31-15-2 Slow traffic to right 85.00
31-15-3 Operator left of
center 85.00
31-15-4 Overtaking on left 85.00
31-15-5(a) Overtaking on
right 85.00
31-15-6 C clearance for
overtaking 85.00
31-15-7 Places where
overtaking prohibited 85.00
31-15-8 No passing zone
85.00
31-15-9 One way highways
85.00
31-15-10 Rotary traffic
islands 85.00
31-15-11 Laned roadway violation 85.00
31-15-12 Following too closely 85.00
31-15-12.1 Entering
intersection 100.00
31-15-13 Crossing center
section of divided highway 85.00
31-15-14 Entering or
leaving limited access roadways 85.00
31-15-16 Use of
emergency break-down lane for travel 85.00
31-15-17 Crossing
bicycle lane 85.00
31-15-18 Unsafe passing of person operating a bicycle 85.00
31-16-1 Care in starting
from stop 85.00
31-16-2 Manner of
turning at intersection 85.00
31-16-4 U turn where
prohibited 85.00
31-16-5 Turn signal
required 85.00
31-16-6 Time of
signaling turn 85.00
31-16-7 Failure to give
stop signal 85.00
31-16-8 Method of giving
signals 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 85.00
31-17-2 Vehicle turning
left 85.00
31-17-3 Yield right of
way (intersection) 85.00
31-17-4 Obedience to
stop signs 85.00
31-17-5 Entering from private road or driveway 85.00
31-17-8 Vehicle within
right of way, rotary 85.00
31-17-9 Yielding to bicycles on bicycle lane 85.00
31-18-3 Right of way in
crosswalks 85.00
first
violation $100.00
second
violation
or
any subsequent violation
31-18-5 Crossing other than at crosswalks 85.00
31-18-8 Due care by
drivers 85.00
31-18-12 Hitchhiking
85.00
31-18-18 Right of way on
sidewalks 85.00
31-19-3 Traffic laws
applied to bicycles 85.00
31-19-20
31-19-21
31-19.1-2 Operating
motorized bicycle on an interstate highway 85.00
31-19.2-2 Operating motorized tricycle on an interstate highway 85.00
31-20-1 Failure to stop
at railroad crossing 85.00
31-20-2 Driving through railroad gate 85.00
31-20-9 Obedience to
stop sign 85.00
31-21-4 Places where
parking or stopping prohibited 85.00
31-21-14 Opening of
vehicle doors 85.00
31-22-2 Improper backing up 85.00
31-22-4 Overloading
vehicle 85.00
31-22-5 Violation of
safety zone 85.00
31-22-6 Coasting 85.00
31-22-7 Following fire
apparatus 85.00
31-22-8 Crossing fire
hose 85.00
31-22-9 Throwing debris
on highway - snow removal 85.00
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 85.00
31-22-22(a) Child
restraint/seat belt but not in any rear 85.00
seating
position
31-22-22(b), (f) No seat
belt - passenger 85.00
31-22-22(g) No seat belt
- operator 85.00
31-22-23 Tow trucks -
proper identification 275.00
31-22-24 Operation of
interior lights 85.00
31-23-1(b)(2)
safety
rules and regulations
Not less than $85.00
or
more than $500.00
31-23-1(e)(6) Removal of an "out of service vehicle"
sticker 125.00
31-23-1(e)(7) Operation of an "out of service vehicle"
100.00
31-23-2(b) Installation
or adjustment of unsafe or (first prohibited
parts,
equipment, or accessories: offense) 250.00
(second
offense) 500.00
(third
and subsequent offenses) 1,000.00
31-23-4 Brake equipment
required 85.00
31-23-8 Horn required
85.00
31-23-10 Sirens
prohibited 85.00
31-23-13 Muffler
required 85.00
31-23-13.1 Altering
height or operating a motor vehicle with an
altered
height 85.00
31-23-14 Prevention of
excessive fumes or smoke 85.00
31-23-16 Windshield and
window stickers (visibility) 85.00
31-23-17 Windshield
wipers 85.00
31-23-19 Metal tires
prohibited 85.00
31-23-20 Protuberances
on tires 85.00
31-23-26 Fenders and
wheel flaps required 85.00
31-23-27 Rear wheel
flaps on buses, trucks and trailers 85.00
31-23-29
Flares or red flag required over
four
thousand pounds (4,000 lbs.) 85.00
31-23-40 Approved types
of seat belt requirements 85.00
31-23-42.1 Special
mirror - school bus 85.00
31-23-43 Chocks required
(1 pair) - over
four
thousand pounds (4,000 lbs.) 85.00
31-23-45 Tire treads -
defective tires 85.00
31-23-47 Slow moving emblem required 85.00
31-23-49 Transportation of
gasoline - passenger vehicle 85.00
31-23-51 Operating bike
or motor vehicle wearing ear phones 85.00
(first
offense) 95.00
second
offense 140.00
for
the third and each subsequent offense
31-24-1 Times when
lights required 85.00
through
31-24-54
31-25-03 Maximum width
of one hundred
and
two inches (102") exceeded 85.00
31-25-04 Maximum height
of one hundred sixty-two inches
(162") exceeded
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
85.00
31-25-9 Leaking load
85.00
31-25-11 Connections
between coupled vehicles 85.00
31-25-12 Towing chain,
twelve inch (12") square flag required 85.00
31-25-12.1 Tow truck -
use of lanes (first offense) 85.00
second
offense 95.00
for
the third and each subsequent offense 100.00
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)(2) Maximum weight shown in registration 85.00
(per
) thousand lbs. overweight or portion thereof.
31-25-16(c)(3) Maximum weight shown in registration 125.00
per
thousand lbs. overweight or portion thereof.
31-25-16(c)(4) Maximum weight shown in registration (1,025.00 )
plus
per thousand pounds overweight or portion thereof. $125.00
31-25-17 Identification of
trucks and truck-tractors
(first
offense) 85.00
(second
offense) 95.00
for
the third and subsequent offenses 125.00
31-25-24 Carrying and
inspection of excess load limit 175.00
31-25-27(c) Maximum axle
3,000.00
(first
offense) not to exceed 5,000.00
for
each and every subsequent offense
31-25-30 Maximum axle
not
to exceed 5,000.00
for
each and every subsequent offense
31-27-2.3 Refusal to
take preliminary breath test 85.00
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 85.00
31-36.1-17 No fuel tax
stamp (out-of-state) 85.00
and
not exceeding ($100)
for
subsequent offense
31-38-3 No inspection
sticker 85.00
31-38-4 Violation of
inspection laws 85.00
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 not less than 55.00
not
more than five hundred dollars ($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 $ 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 of speed limit shall be assessed
205.00
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 3. This act shall take effect upon passage.
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LC02238/SUB A
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