Introduced By: Representatives Murphy, Flaherty, Faria, SanBento and Watson
Date Introduced : February 3, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-47-9 and 31-47-12 of the General Laws in Chapter 31-47 entitled "Motor Vehicle Reparations Act" are hereby amended to read as follows:
31-47-9. Penalties. -- (a) Any owner of a motor
vehicle registered in this state who shall knowingly operate the
motor vehicle or knowingly permit it to be operated in this state
without having in full force and effect the financial security
required by the provisions of this chapter, and any other person
who shall operate in this state any motor vehicle registered in
this state with the knowledge that the owner thereof does not
have in full force and effect financial security, except a person
who, at the time of operation of the motor vehicle, had in effect
an operator's policy of liability insurance, as defined in this
chapter, with respect to his or her operation of the vehicle,
shall be subject to a mandatory suspension of license and registration
as follows: for a first offense a suspension of {ADD up to ADD} three
(3) months and {DEL shall DEL} {ADD may ADD} be fined {ADD up
to ADD} five hundred dollars ($500); for a second offense, a suspension
of six (6) months; and shall be fined five hundred dollars ($500)
and for a third and subsequent offense, a suspension of one year.
Additionally, any person violating this section a third or subsequent
time shall be guilty of a misdemeanor and, upon conviction, shall
be fined one thousand dollars ($1,000) and may be imprisoned for
one year or both.
(b) An order of suspension and impoundment of a license or registration, or both, shall state that date on or before which the person is required to surrender the person's license or certificate of registration and registration plates. The person is deemed to have surrendered the license or certificate of registration and registration plates, in compliance with the order, if the person does either of the following:
(1) On or before the date specified in the order, personally delivers the license or certificate of registration and registration plates, or causes the delivery of those items, to the assistant director of motor vehicles or court, whichever issued the order;
(2) Mails the license or certificate of registration and registration plates to the assistant director, in an envelope or container bearing a postmark showing a date no later than the date specified in the order.
(c) The registrar shall not restore any operating privileges or registration rights suspended under this section or return any license, certificate of registration, or registration plates impounded under this section unless the rights are not subject to suspension or revocation under any other law and unless the person, in addition to complying with all other conditions required by law for reinstatement of operating privileges or registration rights, complies with all of the following:
(1) Pays a reinstatement fee of thirty dollars ($30.00). The reinstatement fee may be increased, upon approval of the registrar, up to an amount not exceeding fifty dollars ($50.00).
(2) Files and maintains proof of financial security. To facilitate the administration of this chapter the clerk of the courts shall notify the assistant director of all persons against whom judgments have been entered arising out of a motor vehicle collision.
31-47-12. Police officers, agents of registrar -- Fees collected, forms of proof. -- (a) For the purpose of enforcing the provisions of this chapter, every police officer of a state, town, or municipality is deemed an agent of the registrar of motor vehicles. Any police officer who, in the performance of his or her duties as authorized by law, becomes aware of a person whose license is under an order of suspension, or whose certificate of registration and registration plates are under an order of impoundment, pursuant to this section may confiscate the license, certificate of registration, and registration plates, and return them to the registrar. Any forms used by law enforcement agencies in administering this section shall be prescribed by the registrar, the cost of which shall be borne by these agencies. No police officer, law enforcement agency employing a police officer, or political subdivision or governmental agency that employs a police officer shall be liable in a civil action for damages or loss to persons arising out of the performance of the duty required or authorized by this section. "Police officer" shall mean the full time police from the rank of patrolman up to and including the rank of chief, including policewomen of any police department in any city or town within the state of Rhode Island or of the state police.
(b) All fees, except court costs, collected under this chapter shall be paid into the state treasury and credited to the highway safety fund in a special account hereby created, to be known as the financial responsibility compliance special account. This special account shall be used exclusively to cover costs incurred by the division of motor vehicles in the administration of this chapter, and by any law enforcement agency employing any police officer who returns any license, certificate of registration, and registration plates to the registrar pursuant to this chapter.
(c) The registrar, court, or administrative adjudication court may require proof of financial security to be demonstrated by use of standard form SR 22. If the use of a standard form is not required, a person may demonstrate proof of financial responsibility under this section by presenting to the court, administrative adjudication court, or registrar any of the following documents or a copy of such documents:
(1) A certificate of proof of financial responsibility;
(2) A bond or certification of the issuance of a bond;
(3) A certificate of deposit of money or securities; or
(4) A certificate of self insurance.
(d) At the time of investigation of a motor vehicle offense or accident by a police officer or when a motor vehicle is stopped by a police officer for probable cause, the police officer making such investigation or stopping such motor vehicle shall ask for evidence of proof of financial security as defined in this chapter. If such evidence is not provided, a citation to appear before the administrative adjudication court shall be issued to the operator. The administrative adjudication court may by rule and regulation prescribe the procedures for processing such citations; provided, however, that motor vehicles may not be stopped solely for the purpose of checking for evidence of proof of financial security.
{ADD (e) Upon first offense, one must provide proof of current insurance and a binder or release letter covering the cost of the accident, as long as the accident does not include bodily injury, death, etc. ADD}
{ADD In addition, penalties do not release the motorist from any pending matter before any other appropriate court. ADD}
SECTION 2. This act shall take effect upon passage.
