Chapter 193
2010 -- H 8143
Enacted 06/25/10
A N A C T
RELATING TO
HIGHWAYS -
Introduced By: Representatives Martin, Ruggiero, Jackson, and A Rice
Date Introduced: May 18, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Section 24-12-37 of the General Laws in Chapter
24-12 entitled "Rhode
24-12-37.
Penalty for nonpayment of toll. -- (a)(1) For the first (1st) violation within a
calendar year, Any
any person who uses any project and fails or refuses
to pay the toll or prepay
the required toll
provided therefor shall be punished by a
fine of not more than one hundred
dollars ($100). Toll evasion violators shall receive a
traffic violation summons which shall be
subject to the jurisdiction of the traffic tribunal required to pay the toll amount within thirty (30)
days of receiving the notice of violation. Any person who
fails to pay the due toll amount after
receiving notice shall be punished by a fine of fifty dollars
($50.00) and shall pay the toll amount
due. Toll evaders shall receive notice of the violation
from the
authority by first class mail or by certified mail, return
receipt requested. The fine and toll amount
due under this subsection shall be remitted to the
(2) For the second
(2nd) violation within a calendar year, any person who uses any project
and fails or refuses to pay or prepay the required toll
shall be punished by a fine of one hundred
dollars ($100) and shall pay the toll amount due. Toll
evasion violators under this subsection shall
receive a traffic violation summons which shall be subject to
the jurisdiction of the traffic
tribunal. Any violation issued under this subsection shall be
paid within thirty (30) days of
receiving the notice of the violation. The traffic tribunal
shall remit the toll amount due to the
(3) For the third
(3rd) and subsequent violations within a calendar year, any person who
uses any project and fails or refuses to pay or prepay the
required toll or fails to pay in a timely
manner a fine issued pursuant to subdivision 24-12-37(a)(1)
or (a)(2) after having received notice
thereof, the person shall be subject to a fine of two hundred
fifty dollars ($250) and shall pay the
toll amount due within thirty (30) days of receiving the
notice of violation. Toll evasion violators
under this subsection shall receive a traffic violation
summons which shall be subject to the
jurisdiction of the traffic tribunal. The traffic tribunal shall
remit the toll amount due to the Rhode
Island turnpike and bridge
authority.
The
division of motor vehicles, who shall place the matter on the
record and shall not renew a license
to operate a motor vehicle or the registration of any
vehicle owned by the person, or both, until
the matter has been disposed of in accordance with
applicable law or regulation. If the person is
found to be a resident of another state or jurisdiction,
the administrator of motor vehicles shall
revoke the violator's right to operate a vehicle in
of in accordance with applicable law or regulations.
(4) The authority
shall promulgate appropriate rules and regulations to ensure the proper
administration of the provisions of this section.
(5) For the purposes
of this section only, "person" means the registered owner, driver,
rentee or lessee of a motor vehicle.
(b) It is unlawful for
any person or business, other than an authorized representative of
the authority: (i) to sell,
offer for sale or attempt to sell tokens, tickets, passes or other evidences
of payment issued for passage on any project of the
authority, including but not limited to, the
authority providing for a reduced rate of toll based upon
frequency of use of the project, volume
of tokens, passes or other evidences of payment
purchased, or method of payment for the toll; or
(ii) to sell, offer for sale,
or attempt to sell tokens, passes or other evidences of payment
issued for passage on any project of the authority,
including but not limited to, the Claiborne Pell
Bridge for a profit. Any person or business who
is found in violation of this subsection shall be
punished, for each offense, by a fine of not more than five
hundred dollars ($500).
SECTION 2. Section 31-3-5 of the General Laws in Chapter
31-3 entitled "Registration
of Vehicles – Grounds for Refusal of Registration"
is hereby amended to read as follows:
31-3-5. Grounds
for refusal of registration. -- The division of motor vehicles shall
refuse registration or any transfer of registration upon any
of the following grounds:
(1) That the
application contains any false or fraudulent statement, or that the applicant
has failed to furnish required information, or reasonable
additional information requested by the
division of motor vehicles, or that the applicant is not
entitled to the issuance of registration of the
vehicle under chapters 3 -- 9 of this title;
(2) That the vehicle is
mechanically unfit or unsafe to be operated upon the highways;
(3) That the division
of motor vehicles has reasonable ground to believe that the vehicle
is a stolen or embezzled vehicle, or that the granting
of registration would constitute a fraud
against the rightful owner;
(4) That the
registration of the vehicle stands suspended or revoked for any reason as
provided in the motor vehicle laws of this state;
(5) That the vehicle
has been reported by any city or town to the division of motor
vehicles as having unpaid fines in the aggregate amount of two
hundred dollars ($200) or more;
provided, the registration shall be issued upon presentation
of proof of payment of the
outstanding fines owed to the cities or towns reporting the
unpaid fines. The sum of two hundred
dollars ($200) shall represent the aggregate value of the sum
of the fines on the face of the
ticket(s) and shall not include interest, penalties, or any
other monetary amount which may be
imposed for failure to pay the ticket(s) or summons(es) by a specified date. Before the division of
motor vehicles denies a registration to any person pursuant
to this subsection, it shall have first
received a five dollar ($5.00) fee for each request from the
city or town requesting the denial of
registration, which fee may be added to the aggregate value of the
sum of the fines;
(6) That the vehicle
does not comply with regulations promulgated pursuant to section
23-23-5(18), entitled "Air Pollution";
(7) That the vehicle
does not comply with the provisions of chapter 47.1 of this title and
any rules and regulations promulgated under that chapter;
or
(8) That a commercial
motor vehicle is being operated by a commercial motor carrier
that has been prohibited from operating in interstate
commerce by a federal agency with authority
to do so under federal law.; or
(9) That the
registered owner of a vehicle failed to pay the required fine and toll as
prescribed in subdivision 24-12-37(a)(3) of the general laws.
SECTION 3. This act shall take effect upon passage.
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LC02617
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