2010 -- H 8046

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LC02132

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2010

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Representatives Hearn, Marcello, and Ucci

     Date Introduced: April 15, 2010

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-10-6, 31-10-6.1, 31-10-6.4 and 31-10-19 of the General Laws

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in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" are hereby amended to read as

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follows:

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     31-10-6. Graduated licensing for person under the age of eighteen (18). -- (a)

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Purpose. - To ensure that license holders have sufficient training and experience and to promote

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safe, responsible driving, persons under the age of eighteen (18) shall be granted driving

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privileges on a limited basis as follows:

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      (1) Level 1 -- Limited instruction permit.

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      (2) Level 2 -- Limited provisional license.

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      (3) Level 3 -- Full operator's license.

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      (b) Requirements and privileges. - A permit or license issued pursuant to this section

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must have a color background or border that indicates the level of driving privileges granted by

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the permit or license.

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      (1) Limited instruction permit. - Any person who is at least sixteen (16) years of age but

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less than eighteen (18) years of age may apply to the division of motor vehicles for a limited

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instruction permit. The division of motor vehicles may, after the applicant has successfully

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completed a course of driver training prescribed in section 31-10-19 and passed a standardized

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written examination approved by the administrator of the division of motor vehicles or otherwise

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complied with the requirements of section 31-10-21, issue to the applicant a limited instruction

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permit which shall entitle the applicant to drive a motor vehicle only under the following

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conditions:

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      (i) The permit holder must be in possession of the permit;

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      (ii) A supervising driver must be seated beside the permit holder in he front seat of the

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vehicle when it is in motion;

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      (iii) No person other than the supervising driver can be in the front seat;. The only other

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passengers allowed in the vehicle shall be immediate family members;

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      (iv) Every person occupying the vehicle being driven by the permit holder must have a

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safety belt properly fastened about his or her body, or be restrained by a child passenger restraint

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system as provided in section 31-22-22 when the vehicle is in motion;

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      (v) The permittee shall wear a safety belt at all times unless the permittee provides the

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division of motor vehicles with a statement from a physician indicating that for medical reasons

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the permittee cannot wear a safety belt. A limited instruction permit shall be valid for a period of

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one year, and may be extended for a reasonable period of time if the holder of the permit provides

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the division of motor vehicles with evidence of a hardship. Any person who is at least sixteen

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(16) years of age and is enrolled in a commercial drivers' school or in a regularly recognized

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secondary school or college driver training program which is approved by the division of motor

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vehicles shall not be required to have a limited instruction permit while operating a dual-control

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training vehicle regularly used by that school in its driver training program and while a regular

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instructor in that school or program is occupying the seat beside that person.

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     (vi) The permit holder is prohibited from engaging in any type of communication

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utilizing a cell or other type of hand held phone. Any person who violates the provisions of this

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paragraph shall be subject to the penalties of Rhode Island general law section 31-10-6.4.

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      (2) Limited provisional license. - A person may obtain a limited provisional license if the

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person meets all of the following requirements:

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      (i) (A) Has held a limited instruction permit issued by the division of motor vehicles for

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at least six (6) months;

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      (B) Has not been convicted of a motor vehicle moving violation, a violation of Rhode

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Island general law section 31-10-6.4 (passenger and nighttime driving restrictions), or a seat belt

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infraction during the preceding six (6) months. If the person has been convicted of either: (I) A

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motor vehicle moving violation; (II) A violation of Rhode Island general law section 31-10-6.4;

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or (III) A seat belt infraction, he or she shall be summoned to appear before the Rhode Island

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Traffic Tribunal for a hearing pursuant to Rhode Island general law subsection 31-10-26(e). or

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seat belt infraction during the preceding six (6) months;

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      (C) Passes a road test administered by the division of motor vehicles and shall also meet

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the requirements of subsection (iii) herein.

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      (ii) A limited provisional license authorizes the license holder to drive a motor vehicle

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only under the following conditions:

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      (A) The license holder must be in possession of the license.

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      (B) The license holder may drive without supervision in any of the following

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circumstances:

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      (I) From 5:00 a.m. to 1:00 a.m.;

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      (II) When driving to or from work;

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      (III) When driving to or from an activity of a volunteer fire department, volunteer rescue

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squad or volunteer emergency medical service, if the driver is a member of one of these

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organizations.

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      (C) The license holder may drive with supervision at any time. When the license holder

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is driving with supervision, the supervising driver must be seated beside the license holder in the

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front seat of the vehicle when it is in motion.

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      (D) Every person occupying the vehicle being driven by the license holder must have a

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safety belt properly fastened about his or her body, or be restrained by a child safety passenger

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restraint system as provided in section 31-22-22 when the vehicle is in motion.

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      (iii) In addition to meeting the requirements of paragraph (i) of this subdivision, a person

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under the age of eighteen (18) years seeking to obtain a provisional license shall present with his

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or her application a statement signed by the person's parent or guardian stating that the applicant

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has obtained a minimum of fifty (50) hours of experience with ten (10) of those at night as a

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driver while driving with a supervising driver. These fifty (50) hours may include driving lessons

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with a commercial driving school or any other supervised driving.

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      (iv) During the first twelve (12) months of a limited provisional license no more than one

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passenger younger than twenty-one (21) years of age is allowed in the vehicle. Immediate

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family/household members are excepted from this subsection. Any person who violates the

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provisions of this paragraph shall be subject to the penalties of Rhode Island general law section

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31-10-6.4.

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      (3) Full operator's license. - (i) A person who is at least seventeen (17) years old but less

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than eighteen (18) years old may apply for and obtain a full operator's license if the person meets

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all of the following requirements:

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      (i) (A) Has held a limited provisional license issued by the division of motor vehicles for

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at least twelve (12) months;

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      (B) Has not been convicted of a motor vehicle moving violation, a violation of Rhode

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Island general law section 31-10-6.4 (passenger and nighttime driving restrictions), or seat belt

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infraction during the preceding six (6) months. If the person has been convicted of either: (I) A

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motor vehicle moving violation; (II) A violation of Rhode Island general law section 31-10-6.4;

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or (III) A seat belt infraction, he or she shall be summoned to appear before the Rhode Island

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Traffic Tribunal for a hearing pursuant to Rhode Island general law subsection 31-10-26(e). or

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seat belt infraction during the preceding six (6) months.

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      (ii) A person who meets the requirements of this section may obtain a full operator's

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license by mail. The restrictions on Level 1 and Level 2 drivers concerning time of driving,

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supervision and passenger limitations do not apply to a full operator's license.

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     31-10-6.1. Supervising driver. -- A supervising driver must be the parent, guardian,

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licensed foster parent or adult or a certified driver education instructor. A supervising driver must

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be a licensed driver who has been licensed to drive for five (5) years. and who has not had his or

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her driver's license suspended in the past five (5) years.

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     31-10-6.4. Violations. -- (a) It is unlawful for the holder of a limited learner's permit, a

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temporary permit or a limited provisional license to drive a motor vehicle in violation of the

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restrictions that apply to that permit or license. Failure to comply with a restriction concerning

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time of driving or the presence of a supervising driver in the vehicle constitutes operating a motor

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vehicle without a license. Failure to comply with any other restriction, including seating and

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passenger limitations, is an infraction punishable by a monetary fine of eighty-five dollars

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($85.00) for the first offense, ninety-five dollars ($95.00) for the second offense, and one hundred

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dollars ($100.00) for a third or any subsequent offenses.

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     (b) No person under eighteen (18) years of age shall use a mobile telephone, a hands-free

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mobile telephone or a mobile electric device while operating a motor vehicle on any public way.

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A driver under eighteen (18) years of age who holds a mobile telephone, a hands-free mobile

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telephone or a mobile electronic device while operating a vehicle shall be presumed to be using

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said telephone or device under this section. This presumption may be rebuttable by evidence

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tending to show that the person was not using said telephone or device. For purposes of this

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subsection, a person under eighteen (18) years of age shall not be considered to be operating a

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motor vehicle if the vehicle is stationary and not located in a part of the roadway intended for

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travel.

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     (c) A person under eighteen (18) years of age who violates the preceding subsection shall

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be punished pursuant to this section. It shall be an affirmative defense for a person to produce

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documentary or other evidence that the use of a mobile telephone that is the basis of the alleged

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violation was made for emergency purposes, including, but not limited to, an emergency call to a

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law enforcement agency, health care provider, fire department or other emergency services

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agency or entity.

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     (d) Failure to comply with any restrictions, including passenger limitations and use of cell

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phones, shall result in the following penalties:

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     (1) A first (1st) violation shall result in the following penalties:

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     (i) The person's limited instruction permit or limited provisional license shall be

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suspended for thirty (30) days. Additionally, a monetary fine in the amount of two hundred

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dollars ($200) and twenty-five (25) hours of community service shall be assessed. The sentencing

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judge shall require driving retraining and/or a referral to the (RYDD) Reducing Youthful

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Dangerous Driving program.

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     (2) For a second (2nd) violation, the person's limited instruction permit or limited

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provisional license shall be suspended for three (3) months. Additionally, a monetary fine in the

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amount of two hundred dollars ($200) and twenty-five (25) hours of community service shall be

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assessed. The sentencing judge shall require driving retraining and/or a referral to the (RYDD)

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Reducing Youthful Dangerous Driving program.

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     (i) A second (2nd) or subsequent violation of the seating and passenger limitations

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restriction shall be a violation occurring anytime during the person's possession of a limited

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instruction permit or provisional license.

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     (3) For a third (3rd) violation, the person's limited instruction permit or limited provisional

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license shall be suspended for six (6) months. Additionally, a monetary fine in the amount of

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three hundred fifty dollars ($350) and fifty (50) hours of community service shall be assessed.

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The sentencing judge or magistrate shall require driving retraining and a referral to the (RYDD)

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Reducing Youthful Dangerous Driving program.

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     (4) For a fourth (4th) violation, the person's limited instruction permit or limited

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provisional license shall be suspended one year, or until age eighteen (18), whichever is later.

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Additionally, a monetary fine in the amount of five hundred dollars ($500) and seventy-five (75)

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hours of community service shall be assessed.

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     (e) No suspensions, assessments, or referrals to community service, driving retraining or

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to the (RYDD) Reducing Youthful Dangerous Driving program under this section may be

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suspended, shortened, altered, or changed.

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     (f) Upon suspending a license or permit as provided in subdivision (1), (2), (3) or (4) of

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this subsection (d), the Rhode Island Traffic Tribunal shall immediately notify the person

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involved, in writing, as well as the custodial parent if the person is under the age of eighteen (18)

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years.

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     (g) The police department which charges any person holding a limited instruction permit

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or limited provisional license with any violation of seating and passenger limitations, shall

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ascertain the name and address of the custodial parent of the person and shall notify the parent in

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writing within ten (10) days of the charge.

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     (h) The division of motor vehicles, upon issuing a limited instruction permit or limited

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provisional license to a person sixteen (16) or seventeen (17) years of age, shall provide a written

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notice of the penalties provided by this section. Notice shall also be provided to the person or

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other responsible party who signs the application for a limited instruction permit.

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     (i) The Rhode Island Traffic Tribunal shall have exclusive jurisdiction over any violation

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of this statute, and upon conviction, shall notify the division of motor vehicles of the name and

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address, as well as violation of the person. Any violation(s) of this section shall not be considered

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a criminal offense.

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     (j) This section shall be known as Marissa's Law.

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     31-10-19. Driver education -- Traffic safety education. -- (a) The Community College

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of Rhode Island shall provide thirty-three (33) hours of classroom instruction for applicants or

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prospective applicants, not more than twenty-one (21) years of age for a limited instruction

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permit or license. The instruction shall include eight (8) hours, specifically for instruction on the

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effects of alcohol and drugs on a driver, and the instruction shall be given by a person eligible for

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a teacher's certificate issued under the authority of the state board of regents and which course of

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instruction shall be approved by the board of governors for higher education. The instruction shall

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also include two (2) hours specifically for instruction on the effects and dangers of speeding, and

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the instruction shall be given by a person eligible for a teacher's certificate issued under the

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authority of the state board of regents and which course of instruction shall be approved by the

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board of governors for higher education.

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     The applicant's parent or guardian, or designee where applicable, shall participate in not

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less than two (2) hours of instruction on the content of driver education curriculum. The registrar

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shall promulgate regulations to establish the appropriate method of providing the instruction and

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to enforce compliance. The regulations shall exempt a parent or guardian, or designee where

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appropriate, from receiving the instruction if he/she has participated within the preceding five (5)

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years. If the applicant's parent, guardian, or designee does not attend the two (2) hours of

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instruction, the applicant shall not be eligible for a certificate.

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     In case of emergency, the President of the Community College of Rhode Island may

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declare, when no certified instructor is available to teach, an individual eligible to teach at the

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Community College of Rhode Island who has taken the required course of instruction in driver

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education, may provide driver education instruction. All driver education programs shall include

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information concerning the Anatomical Gift Act, chapter 18.6 of title 23, and information on

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donor cards pursuant to the applicable provisions of chapter 18.6 of title 23. The board of

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governors for higher education shall ensure that each person properly certified and approved to

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instruct driver education courses shall be given an equal opportunity for employment as an

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instructor within the driver education program. No person teaching driver education under this

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section shall own, be employed by, or be associated with a commercial driving school.

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      (b) Driver education instruction shall be available to any eligible resident applicant not

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less than fifteen (15) years and ten (10) months of age.

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      (c) That the state shall also provide a separate program of instruction, as previously set

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forth in this section, for special needs students whose individual education plan (IEP) indicates a

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need for a separate program of instruction.

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      (d) The Community College of Rhode Island shall provide a driver training program for

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physically handicapped drivers. The program shall instruct the physically handicapped driver in

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the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by

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the handicapped individual. A physically handicapped person must be certified by a licensed

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physician that he or she is physically handicapped and possesses sufficient potential to become a

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competent motor vehicle operator. The Community College of Rhode Island shall establish a

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tuition fee sufficient to cover the cost of the program.

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      (e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in

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accordance with rules and regulations of the board of governors for higher education; provided,

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that personal checks shall be an acceptable method of payment of the tuition or enrollment fee.

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The tuition or enrollment fee shall be deposited in a restricted receipt account established to pay

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any and all costs associated with the driver education program at the Community College of

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Rhode Island and administered by the Community College of Rhode Island.

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      (f) The board of governors for higher education is authorized to establish administrative

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regulations to further implement this section.

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      (g) The Community College of Rhode Island shall establish tuition fees sufficient to

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cover the cost of the program and the administration of the driver education program. All

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positions established to implement the driver education program and funded in full by driver

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education program fees shall be exempt from the full-time equivalency cap established in Article

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1 of the Appropriations Act, provided, however, that the board of governors shall report by June

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1, 2004, the actual number of filled positions funded exclusively by driver education fees to the

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chairperson of the house finance committee, the chairperson of the senate finance committee and

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the state budget officer.

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      (h) The board of governors for higher education shall provide for an optional and

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voluntary course of instruction for the applicant's parent, guardian, or designee where applicable,

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on the content of the driver education curriculum and the requirements for the graduated licensing

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for persons under the age of eighteen (18) as contained in section 31-10-6. The community

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college of Rhode Island shall be responsible to develop the course of instruction and content for

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the parent instruction, or may approve a similar course of instruction, such as AAA's course, as

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equivalent to it, and shall promulgate regulations and establish the appropriate method of

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providing the instruction.

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     SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled

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"Adjudication of Traffic Offenses" is hereby amended to read as follows:

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     31-41.1-4. Schedule of violations. -- (a) The penalties for violations of the enumerated

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sections, listed in numerical order, correspond to the fines described. However, those offenses for

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which punishments which may vary according to the severity of the offense, or punishment which

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require the violator to perform a service, shall be heard and decided by the traffic tribunal or

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municipal court. The following violations may be handled administratively through the method

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prescribed in this chapter, except for those violations committed by persons under the age of

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eighteen (18), which shall require a hearing before a judge or magistrate of the traffic tribunal.

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This list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to

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other violations.

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     VIOLATIONS SCHEDULE

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     8-8.2-2 DOT, DEM, or other agency and department violations $85.00

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     24-10-17 Soliciting rides in motor vehicles 85.00

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     24-10-18 Backing up prohibited 85.00

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     24-10-20 Park and ride lots 85.00

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     24-12-37 Nonpayment of toll 100.00

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     31-3-12 Visibility of plates 85.00

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     31-3-18 Display of plates 85.00

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     31-3-32 Driving with expired registration 85.00

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     31-3-34 Failure to notify division of change of address 85.00

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     31-3-35 Notice of change of name 85.00

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     31-3-40 Temporary plates - dealer issued 85.00

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     31-4-3 Temporary registration - twenty (20) day bill of sale 85.00

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     31-10-10 Rules as to armed forces license 85.00

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     31-10-30 Driving on expired license 85.00

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     31-10-32 Notice of change of address 85.00

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     31-10.1-4 No motorcycle helmet (operator) 85.00

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     31-10.1-5 Motorcycle handlebar violation 85.00

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     31-10.1-6 No motorcycle helmet (passenger) 85.00

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     31-10.1-7 Inspection of motorcycle required 85.00

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     31-12-12 Local motor vehicle ordinance 85.00

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     31-13-04 Obedience to devices 85.00

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     31-13-6(3)(i) Eluding traffic light 85.00

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     31-13-09 Flashing signals 85.00

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     31-13-11 Injury to signs or devices 85.00

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     31-14-1 Reasonable and prudent speed 95.00

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     31-14-03 Condition requiring reduced speed 95.00

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     31-14-09 Below minimum speed 95.00

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     31-14-12 Speed limit on bridges and structures 95.00

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     31-15-1 Leaving lane of travel 85.00

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     31-15-2 Slow traffic to right 85.00

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     31-15-3 Operator left of center 85.00

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     31-15-4 Overtaking on left 85.00

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     31-15-5(a) Overtaking on right 85.00

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     31-15-6 C clearance for overtaking 85.00

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     31-15-7 Places where overtaking prohibited 85.00

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     31-15-8 No passing zone 85.00

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     31-15-9 One way highways 85.00

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     31-15-10 Rotary traffic islands 85.00

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     31-15-11 Laned roadway violation 85.00

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     31-15-12 Following too closely 85.00

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     31-15-12.1 Entering intersection 100.00

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     31-15-13 Crossing center section of divided highway 85.00

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     31-15-14 Entering or leaving limited access roadways 85.00

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     31-15-16 Use of emergency break-down lane for travel 85.00

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     31-15-17 Crossing bicycle lane 85.00

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     31-16-1 Care in starting from stop 85.00

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     31-16-2 Manner of turning at intersection 85.00

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     31-16-4 U turn where prohibited 85.00

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     31-16-5 Turn signal required 85.00

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     31-16-6 Time of signaling turn 85.00

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     31-16-7 Failure to give stop signal 85.00

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     31-16-8 Method of giving signals 85.00

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     31-16.1-3 Diesel vehicle idling rules:

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      first offense not to exceed 100.00

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      second and subsequent offense not to exceed 500.00

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     31-17-1 Failure to yield right of way 85.00

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     31-17-2 Vehicle turning left 85.00

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     31-17-3 Yield right of way (intersection) 85.00

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     31-17-4 Obedience to stop signs 85.00

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     31-17-5 Entering from private road or driveway 85.00

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     31-17-6 Failure to yield to emergency vehicles 85.00

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     31-17-8 Vehicle within right of way, rotary 85.00

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     31-17-9 Yielding to bicycles on bicycle lane 85.00

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     31-18-3 Right of way in crosswalks:

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      first violation 85.00

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      second violation or any subsequent violation 100.00

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     31-18-5 Crossing other than at crosswalks 85.00

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     31-18-8 Due care by drivers 85.00

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     31-18-12 Hitchhiking 85.00

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     31-18-18 Right of way on sidewalks 85.00

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     31-19-3 Traffic laws applied to bicycles 85.00

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     31-19-20 Sale of new bicycles 85.00

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     31-19-21 Sale of used bicycles 85.00

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     31-19.1-2 Operating motorized bicycle on an interstate highway 85.00

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     31-19.2-2 Operating motorized tricycle on an interstate highway 85.00

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     31-20-1 Failure to stop at railroad crossing 85.00

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     31-20-2 Driving through railroad gate 85.00

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     31-20-9 Obedience to stop sign 85.00

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     31-21-4 Places where parking or stopping prohibited 85.00

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     31-21-14 Opening of vehicle doors 85.00

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     31-22-2 Improper backing up 85.00

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     31-22-4 Overloading vehicle 85.00

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     31-22-5 Violation of safety zone 85.00

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     31-22-6 Coasting 85.00

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     31-22-7 Following fire apparatus 85.00

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     31-22-8 Crossing fire hose 85.00

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     31-22-9 Throwing debris on highway - snow removal 85.00

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     31-22-11.5 Improper use of school bus -- not to exceed five hundred

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dollars ($500) for each

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      day of improper use

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     31-22-22(a) No child restraint 85.00

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     31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00

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     31-22-22(b),(f) No seat belt - passenger 85.00

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     31-22-22(g) No seat belt - operator 85.00

11-16

     31-22-23 Tow trucks - proper identification 275.00

11-17

     31-22-24 Operation of interior lights 85.00

11-18

     31-23-1(b)(2) U.S. department of transportation motor carrier safety

11-19

      rules and regulations: Not less than

11-20

      $85.00

11-21

      or more than

11-22

      $500.00

11-23

     31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00

11-24

     31-23-1(e)(7) Operation of an "out of service vehicle" 100.00

11-25

     31-23-2(b) Installation or adjustment of unsafe or prohibited parts,

11-26

      equipment, or accessories: (first offense)

11-27

      250.00

11-28

      (second offense)

11-29

      500.00

11-30

      (third and subsequent offenses)

11-31

      1,000.00

11-32

     31-23-4 Brake equipment required 85.00

11-33

     31-23-8 Horn required 85.00

11-34

     31-23-10 Sirens prohibited 85.00

12-1

     31-23-13 Muffler required 85.00

12-2

     31-23-13.1 Altering height or operating a motor vehicle with an altered height 85.00

12-3

     31-23-14 Prevention of excessive fumes or smoke 85.00

12-4

     31-23-16 Windshield and window stickers (visibility) 85.00

12-5

     31-23-17 Windshield wipers 85.00

12-6

     31-23-19 Metal tires prohibited 85.00

12-7

     31-23-20 Protuberances on tires 85.00

12-8

     31-23-26 Fenders and wheel flaps required 85.00

12-9

     31-23-27 Rear wheel flaps on buses, trucks and trailers 85.00

12-10

     31-23-29 Flares or red flag required over four thousand pounds (4,000 lbs.) 85.00

12-11

     31-23-40 Approved types of seat belt requirements 85.00

12-12

     31-23-42.1 Special mirror - school bus 85.00

12-13

     31-23-43 Chocks required (1 pair) - over four thousand pounds (4,000 lbs.) 85.00

12-14

     31-23-45 Tire treads - defective tires 85.00

12-15

     31-23-47 Slow moving emblem required 85.00

12-16

     31-23-49 Transportation of gasoline - passenger vehicle 85.00

12-17

     31-23-51 Operating bike or motor vehicle wearing ear phones: (first offense)

12-18

      85.00

12-19

      second offense

12-20

      95.00

12-21

      140.00 for the third

12-22

      and each subsequent offense

12-23

     31-24-1 Times when lights required 85.00

12-24

     through

12-25

     31-24-54

12-26

     31-25-03 Maximum width of one hundred and two inches (102") exceeded 85.00

12-27

     31-25-04 Maximum height of one hundred sixty-two inches (162") exceeded 85.00

12-28

     31-25-06 Maximum number and length of coupled vehicles 500.00

12-29

     31-25-07 Load extending three feet (3') front, six feet (6') rear exceeded 85.00

12-30

     31-25-9 Leaking load 85.00

12-31

     31-25-11 Connections between coupled vehicles 85.00

12-32

     31-25-12 Towing chain, twelve inch (12") square flag required 85.00

12-33

     31-25-12.1 Tow truck - use of lanes (first offense): 85.00

12-34

      second offense 95.00

13-1

      100.00 for the third

13-2

      and each subsequent offense

13-3

     31-25-14(d)(1) Maximum weight and tandem axles 125.00

13-4

     31-25-14(d)(2) Maximum weight and tandem axles 125.00

13-5

     31-25-14(d)(3) Maximum weight and tandem axles 125.00

13-6

     31-25-16(c)(2) Maximum weight shown in registration: 85.00 per thousand lbs.

13-7

      overweight or portion thereof.

13-8

     31-25-16(c)(3) Maximum weight shown in registration 125.00 per thousand lbs.

13-9

      overweight or portion thereof.

13-10

     31-25-16(c)(4) Maximum weight shown in registration: Plus (1,025.00)

13-11

$125.00 per thousand lbs.

13-12

      overweight or portion thereof.

13-13

     31-25-17 Identification of trucks and truck-tractors (first offense): 85.00

13-14

      (second offense) 95.00

13-15

      125.00 for the third

13-16

      and subsequent offenses

13-17

     31-25-24 Carrying and inspection of excess load limit 175.00

13-18

     31-25-27(c) Maximum axle 3,000.00 (first offense)

13-19

      not to exceed

13-20

      5,000.00 for each and

13-21

      every subsequent offense

13-22

     31-25-30 Maximum axle Pawtucket River Bridge and

13-23

      Sakonnet River Bridge: 3,000.00 (first offense)

13-24

      not to exceed

13-25

      5,000.00 for each and

13-26

      every subsequent offense

13-27

     31-27-2.3 Refusal to take preliminary breath test 85.00

13-28

     31-28-7(d) Wrongful use of handicapped parking placard 500.00

13-29

     31-28-7(f) Handicapped parking space violation:

13-30

      First offense 100.00

13-31

      Second offense 175.00

13-32

      Third offense and subsequent offenses 325.00

13-33

     31-28-7.1(e) Wrongful use of institutional handicapped parking placard 125.00

13-34

     31-33-2 Failure to file accident report 85.00

14-1

     31-36.1-17 No fuel tax stamp (out-of-state) 85.00 and not

14-2

      exceeding (100)

14-3

      for subsequent offense

14-4

     31-38-3 No inspection sticker 85.00

14-5

     31-38-4 Violation of inspection laws 85.00

14-6

     31-47.2-06 Heavy-duty vehicle emission inspections:

14-7

      First offense 125.00

14-8

      Second offense 25.00

14-9

      Third and subsequent offenses 1,025.00

14-10

     37-15-7 Littering: not less than

14-11

      55.00

14-12

      not more than

14-13

      five hundred dollars ($500)

14-14

     39-12-26 Public carriers violation 300.00

14-15

      SPEEDING Fine

14-16

      (A) One to ten miles per hour (1-10 mph) in excess of posted speed limit 95.00

14-17

      (B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine

14-18

      of ten dollars ($10) per mile in excess of speed limit shall be assessed. 205.00

14-19

      minimum

14-20

      (b) In addition to any other penalties provided by law, a judge may impose the following

14-21

penalties for speeding:

14-22

      (1) For speeds up to and including ten miles per hour (10 mph) over the posted speed

14-23

limit on public highways, a fine as provided for in subsection (a) of this section for the first

14-24

offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second

14-25

offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for

14-26

each mile in excess of the speed limit for the third and any subsequent offense if within twelve

14-27

(12) months of the first offense. In addition, the license may be suspended up to thirty (30) days.

14-28

      (2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on

14-29

public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for

14-30

the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the

14-31

second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per

14-32

mile for each mile in excess of the speed limit for the third and subsequent offense if within

14-33

twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60)

14-34

days.

15-1

      (c) Any person charged with a violation who pays the fine administratively pursuant to

15-2

chapter 8.2 of title 8 shall not be subject to any additional costs or assessments, including, but not

15-3

limited to, the hearing fee established in section 8-18-4 or assessment for substance abuse

15-4

prevention.

15-5

      (d) The following violations, as they pertain to drivers under age eighteen (18), shall be

15-6

known as Marissa's Law.

15-7

      (1) For any speeding violation committed by a person under the age of eighteen (18) who

15-8

has a limited instruction permit, limited provisional license, or full license, for speeds up to and

15-9

including ten miles per hour (10 mph) over the posted speed limit on public highways, the person

15-10

shall be fined two hundred fifty dollars ($250), shall be ordered to attend the (RYDD) Reducing

15-11

Youthful Dangerous Driving program, and shall be ordered to serve twenty-five (25) hours of

15-12

community service, for the first (1st) offense.

15-13

      (2) For a second (2nd) speeding offense committed while the person is under the age of

15-14

eighteen (18), or while the person has a limited instruction permit, limited provisional license, or

15-15

full license, for speeds up to and including ten miles per hour (10 mph) over the posted speed

15-16

limit on public highways, a fine of ten dollars ($10.00) per mile for each mile in excess of the

15-17

speed limit shall be assessed. In addition to any other penalty that may be imposed, the person

15-18

shall have his or her limited instruction permit, limited provisional license, or full license

15-19

suspended for a period of sixty (60) days. The person shall also be ordered to attend the (RYDD)

15-20

Reducing Youthful Dangerous Driving program and driver retraining and shall be ordered to

15-21

serve fifty (50) hours of community service.

15-22

      (3) For a third (3rd) speeding offense committed while the person is under the age of

15-23

eighteen (18), or while the person has a limited instruction permit, limited provisional license, or

15-24

full license, for speeds up to and including ten miles per hour (10 mph) over the posted speed

15-25

limit on public highways, a fine of twenty dollars ($20.00) per mile for each mile in excess of the

15-26

speed limit shall be assessed. In addition to any other penalty that may be imposed, the person

15-27

shall have his or her limited instruction permit, limited provisional license, or full license

15-28

suspended for a period of one year, or until the person shall reach the age of nineteen (19),

15-29

whichever is later. The person shall also be ordered to attend the (RYDD) Reducing Youthful

15-30

Dangerous Driving program and driver retraining and shall be ordered to serve fifty (50) hours of

15-31

community service.

15-32

      (e) For any speeding violation committed by a person under the age of eighteen (18) who

15-33

has a limited instruction permit, limited provisional license, or full license, for speeds in excess of

15-34

ten miles per hour (10 mph) over the posted speed limit on public highways, the person shall be

16-1

fined two hundred fifty dollars ($250), shall be ordered to attend the (RYDD) Reducing Youthful

16-2

Dangerous Driving program, and shall be ordered to serve twenty-five (25) hours of community

16-3

service, for the first (1st) offense. In addition to any other penalty that may be imposed, the person

16-4

shall have his or her limited instruction permit, limited provisional license, or full license

16-5

suspended for a period of thirty (30) days.

16-6

      (1) For a second (2nd) speeding offense committed while the person is under the age of

16-7

eighteen (18), or while the person has a limited instruction permit, limited provisional license, or

16-8

full license, for speeds in excess of ten miles per hour (10 mph) over the posted speed limit on

16-9

public highways, a fine of twenty dollars ($20.00) per mile for each mile in excess of the speed

16-10

limit shall be assessed. In addition to any other penalty that may be imposed, the person shall

16-11

have his or her limited instruction permit, limited provisional license, or full license suspended

16-12

for a period of ninety (90) days. The person shall also be ordered to attend the (RYDD) Reducing

16-13

Youthful Dangerous Driving program and driver retraining and shall be ordered to serve fifty (50)

16-14

hours of community service.

16-15

      (2) For a third (3rd) speeding offense committed while the person is under the age of

16-16

eighteen (18), or while the person has a limited instruction permit, limited provisional license, or

16-17

full license, for speeds in excess of ten miles per hour (10 mph) over the posted speed limit on

16-18

public highways, a fine of twenty dollars ($20.00) per mile for each mile in excess of the speed

16-19

limit shall be assessed. In addition to any other penalty that may be imposed, the person shall

16-20

have his or her limited instruction permit, limited provisional license, or full license suspended

16-21

for a period of one year, or until the person shall reach the age of nineteen (19) whichever is later.

16-22

The person shall also be ordered to attend the (RYDD) Reducing Youthful Dangerous Driving

16-23

program and driver retraining and shall be ordered to serve fifty (50) hours of community service.

16-24

      (f) For any non-speeding moving violation committed by a person under the age of

16-25

eighteen (18) who has a limited instruction permit, limited provisional license, or full license, the

16-26

person shall be fined according to the schedule listed in subsection (a). In addition, the person

16-27

shall be ordered to attend the (RYDD) Reducing Youthful Dangerous Driving program and/or

16-28

perform twenty-five (25) hours of community service, for the first (1st) offense.

16-29

      (1) For a second (2nd) or subsequent non-speeding moving violation committed while the

16-30

person is under the age of eighteen (18), or while the person has a limited instruction permit,

16-31

limited provisional license, or full license, a fine of two hundred ($200) dollars shall be assessed.

16-32

In addition to any other penalty that may be imposed, the person shall have his or her limited

16-33

instruction permit, limited provisional license, or full license suspended for a period of ninety

16-34

(90) days for a second violation, and one hundred eighty (180) days for a third (3rd) or subsequent

17-1

violation. The person shall also be ordered to attend the (RYDD) Reducing Youthful Dangerous

17-2

Driving program and driver retraining and shall be ordered to serve fifty (50) hours of community

17-3

service. Nothing herein shall be construed so as to limit the court's ability to impose any other

17-4

penalty as provided by any other law.

17-5

     SECTION 3. This act shall take effect upon passage.

=======

LC02132

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

***

18-1

     This act would provide additional restrictions and would increase penalties when drivers

18-2

under the age of eighteen (18) violate motor vehicle laws.

18-3

     This act would take effect upon passage.

=======

LC02132

=======