2000 -- H 8088
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LC02847
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2000
____________
A N A C T
RELATING TO MOTOR VEHICLES - CHILD RESTRAINT
It is enacted by the General Assembly as follows:
SECTION 1. Section 31-22-22 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby amended to read as follows:
31-22-22. Child restraint -- Safety belt use Child restraint Safety belt use Backseat requirement. -- (a) Any person transporting a child under the age of four (4) years in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of the child and properly use a child restraint system approved by the United States department of transportation under federal standard 213.
(b) Any person transporting a child under through the age of six (6) years and less than 54 inches in height in a motor vehicle operated on the roadways, streets, or highways of this state, shall transport the child in the back seat of the motor vehicle properly restrained in a child restraint system approved by the United States Department of Transportation under Federal Standard 213 or if the child is between through the ages age of four (4) to six (6) years old and 54 inches or greater in height 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 the back seat of the motor vehicle. unless:
This subsection is inapplicable if:
(i) The vehicle is not equipped with a back seat; or
(ii) All back seating positions are being utilized by other children.
Provided, that 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 said child restraint system, seat belt and/or shoulder harness be admissible as evidence in the trial of any civil action.
(c) Any person deemed in violation of subsection (a) (b) herein 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 administrative adjudication court. Traffic Tribunal and Any person who violates the provisions of subsection (a) shall be fined one hundred fifty dollars ($150) ($50) for each offense, and it shall not be recorded on the person's driving record within the rules and regulations governing chapter 43 of this title.
(d) Any person deemed to be in violation of subsection (b) herein shall be also fined thirty dollars ($30.00) and it shall not be recorded on the person's driving record within the rules and regulations governing chapter 43 of this title.
(1) Notwithstanding subsections (c) and (d) any person transporting a child properly restrained in a federally approved child restraint system under standard 213, but transporting the child in a place other than the backseat, in violation of subsection (d), shall be subject only to the fine contained in subsection (d).
(e) All fines collected for violations of this section shall be payable to the state of Rhode Island. Provided, that fifty percent (50%) of the proceeds will be shared with the municipality whose law enforcement department issued the citation for the violations.
(f) Any operator of a motor vehicle transporting a person thirteen (13) years of age and older in the front or back seat 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. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.
(g) 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. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.
In no event shall failure to wear a child restraint system or safety belt be considered as negligence, nor the failure to wear the child restraint system or safety belt be admissible as evidence in the trial of any civil action.
(h) The provisions of subsections (f), (g) and (n) 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.
(i) 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 Rhode Island department of transportation's governor's office on highway safety. The Rhode Island department of transportation's office on highway safety, in cooperation with the Rhode Island 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. 2000.
(j) Violations of subsections (f) and (g) 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) and (g); provided, however, that a motor vehicle may be stopped for failure to comply with the child restraint system as described in subsections (a) and (b) and (n).
Any person deemed to be in violation of subsections (f) and (g) during the period from July 1, 1998 2000 to December 31, 1998 2000, shall be issued a verbal warning of violation only. Any person violating subsections (f) and (g) herein after December 31, 1998 2000 shall be fined thirty dollars ($30.00) and it shall not be recorded on said persons driving record within the rules and regulations governing chapter 43 of this title.
(k) [Deleted by P.L. 1998, ch. 36, section 1.]
(l) [Deleted by P.L. 1998, ch. 36, section 1.]
(m) [Deleted by P.L. 1998, ch. 36, section 1.]
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. Scheduled of violations. - - (a) The penalties for violations of the enumerated sections correspond to the fines described; provided, 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; provided, however, this list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations.
VIOLATIONS SCHEDULE
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31-10-32 |
Notice of change of address |
$50.00 |
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31-15-9 |
One way highways |
50.00 |
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31-14-3 |
Condition requiring reduced speed |
50.00 |
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31-13-9 |
Flashing signals |
50.00 |
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31-16-5 |
Turn signal required |
50.00 |
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31-16-2 |
Manner of turning at intersection |
50.00 |
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31-21-4 |
Places where parking or stopping prohibited |
50.00 |
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31-15-6 |
Clearance for overtaking |
50.00 |
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31-25-10 |
Fastening of load and covering |
50.00 |
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31-24-1 |
Times when lights required |
50.00 |
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through |
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31-24-53 |
Safety lights required on food vending |
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vehicles |
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31-15-4 |
Overtaking on left |
50.00 |
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31-15-5(a) |
Overtaking on right |
50.00 |
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31-16-6 |
Time of signaling turn |
50.00 |
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31-17-4 |
Obedience to stop signs |
50.00 |
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31-22-9 |
Throwing debris on highway - snow |
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removal |
50.00 |
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31-17-2 |
Vehicle turning left |
50.00 |
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31-23-15 |
Rear view mirror |
50.00 |
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31-10.1-4 |
No motorcycle helmet (operator) |
50.00 |
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31-10.1-6 |
No motorcycle helmet (passenger) |
50.00 |
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31-15-12 |
Following too closely |
50.00 |
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31-14-9 |
Below minimum speed |
50.00 |
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31-15-3 |
Operator left of center |
50.00 |
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31-15-7 |
Places where overtaking prohibited |
50.00 |
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31-13-4 |
Obedience to devices |
50.00 |
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31-38-3 |
No inspection sticker |
50.00 |
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31-15-16 |
Use of emergency break-down lane for |
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travel |
50.00 |
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31-3-18 |
Display of plates |
50.00 |
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31-19-20 |
Sale of new bicycles |
50.00 |
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31-19-21 |
Sale of used bicycles |
50.00 |
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31-27-2.3 |
Refusal to take preliminary breath |
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test |
50.00 |
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24-10-17 |
Soliciting rides in motor vehicles |
50.00 |
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24-10-18 |
Backing up prohibited |
50.00 |
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31-3-32 |
Driving with expired registration |
50.00 |
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31-3-34 |
Failure to notify registry of change of |
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address |
50.00 |
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31-3-35 |
Notice of change of name |
50.00 |
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31-3-40 |
Temporary plates - dealer issued |
50.00 |
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31-4-3 |
Temporary registration - twenty (20) |
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day bill of sale |
50.00 |
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31-7-1 |
Operating on foreign registration |
50.00 |
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31-8-1 |
Operating without evidence of regis- |
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tration |
50.00 |
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31-10-10 |
Rules as to armed forces license |
50.00 |
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31-10-30 |
Driving on expired license |
50.00 |
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31-10.1-5 |
Motorcycle handlebar violation |
50.00 |
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31-10.1-7 |
Inspection of motorcycle required |
50.00 |
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31-12-2 |
Obedience to laws |
50.00 |
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31-13-6(c)(1) |
Eluding traffic light |
50.00 |
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31-13-11 |
Injury to signs or devices |
50.00 |
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31-14-1 |
Reasonable and prudent speed |
50.00 |
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31-14-12 |
Speed limit on bridges and structures |
50.00 |
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31-15-1 |
Leaving lane of travel |
50.00 |
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31-15-2 |
Slow traffic to right |
50.00 |
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31-15-8 |
No passing zone |
50.00 |
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31-15-10 |
Rotary traffic islands |
50.00 |
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31-15-11 |
Laned roadway violation |
50.00 |
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31-15-12.1 |
Entering intersection |
50.00 |
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31-15-13 |
Crossing center section of divided |
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highway |
50.00 |
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31-15-14 |
Entering or leaving limited access |
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roadways |
50.00 |
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31-16-1 |
Care in starting from stop |
50.00 |
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31-16-4 |
U turn where prohibited |
50.00 |
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31-16-7 |
Failure to give stop signal |
50.00 |
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31-16-8 |
Method of giving signals |
50.00 |
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31-17-1 |
Failure to yield right of way |
50.00 |
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31-17-3 |
Yield right of way (intersection) |
50.00 |
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31-17-5 |
Entering from private road or |
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driveway |
50.00 |
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31-17-8 |
Vehicle within right of way, rotary |
50.00 |
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31-18-3 |
Right of way in crosswalks |
50.00 |
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31-18-5 |
Crossing other than at crosswalks |
50.00 |
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31-18-8 |
Due care by drivers |
50.00 |
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31-18-12 |
Hitchhiking |
50.00 |
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31-18-18 |
Right of way on sidewalks |
50.00 |
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31-19-3 |
Traffic laws applied to bicycles |
50.00 |
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31-19.1-2 |
Operating motorized bicycle on an |
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interstate highway |
50.00 |
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31-19.2-2 |
Operating motorized tricycle on an |
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interstate highway |
50.00 |
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31-20-1 |
Failure to stop at railroad crossing |
50.00 |
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31-20-2 |
Driving through railroad gate |
50.00 |
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31-20-9 |
Obedience to stop sign |
50.00 |
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31-21-14 |
Opening of vehicle doors |
50.00 |
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31-22-2 |
Improper backing up |
50.00 |
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31-22-4 |
Overloading vehicle |
50.00 |
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31-22-5 |
Violation of safety zone |
50.00 |
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31-22-6 |
Coasting |
50.00 |
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31-22-7 |
Following fire apparatus |
50.00 |
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31-22-8 |
Crossing fire hose |
50.00 |
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31-22-11.5 |
Improper use of school bus - not to |
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exceed five hundred dollars ($500) for |
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each day of improper use |
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31-22-22(a) |
No child restraint |
50.00 |
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31-22-22(b) |
No child restraint |
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in back seat |
50.00 |
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31-22-22(d) |
No child restraint or not in back seat |
30.00 |
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31-22-22-(d)(i) |
Child restraint/not in back seat |
30.00 |
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31-22-22(f)(n) |
No seat belt - passenger |
50.00 |
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31-22-22(g) |
No seat belt operator |
50.00 |
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31-22-23 |
Tow trucks - proper identification |
50.00 |
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31-22-24 |
Operation of interior lights |
50.00 |
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31-23-1(b) |
Department of Transportation motor |
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carrier safety rules and regulations |
50.00 |
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31-23-10 |
Sirens prohibited |
50.00 |
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31-23-13.1 |
Altering height or operating a motor |
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vehicle with an altered height |
50.00 |
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31-23-16 |
Windshield and window stickers |
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(visibility) |
50.00 |
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31-23-19 |
Metal tires prohibited |
50.00 |
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31-23-29 |
Flares or red flag required over |
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four thousand pounds (4,000 lbs.) |
50.00 |
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31-23-38 |
Television receivers prohibited |
50.00 |
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31-23-42.1 |
Special mirror - school bus |
50.00 |
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31-23-43 |
Chocks required (1 pair) - over |
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four thousand pounds (4,000 lbs.) |
50.00 |
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31-23-47 |
Slow moving emblem required |
50.00 |
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31-23-49 |
Transportation of gasoline - passenger |
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vehicle |
50.00 |
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31-23-51 |
Operating bike or motor vehicle |
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wearing ear phones (first offense) |
50.00 |
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31-24-5 |
Headlamp required on motorcycle |
50.00 |
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31-24-31 |
Flashing lights - permit required |
50.00 |
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31-24-34 |
Failure to dim lights |
50.00 |
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31-24-45 |
Red flag required, load projecting |
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four feet (4') rear |
50.00 |
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31-25-3 |
Maximum width of one hundred and |
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two inches (102") exceeded |
50.00 |
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31-25-4 |
Maximum height of one hundred |
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sixty-two inches (162") exceeded |
50.00 |
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31-25-7 |
Load extending three feet (3') front, |
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six feet (6') rear exceeded |
50.00 |
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31-25-9 |
Leaking load |
50.00 |
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31-25-11 |
Connections between coupled vehicles |
50.00 |
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31-25-12 |
Towing chain, twelve inch (12") |
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square flag required |
50.00 |
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31-25-12.1 |
Tow truck - use of lanes (first |
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offense) |
50.00 |
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31-25-17 |
Identification of trucks and |
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truck-tractors (first offense) |
50.00 |
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31-27-6 |
Use of lanes, commercial vehicles |
50.00 |
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31-27-16 |
Funeral processions |
50.00 |
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31-28-7(a)(4) |
Wrongful use of handicapped (A) |
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parking placard |
100.00 |
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Handicapped |
First offense |
75.00 |
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parking space violation |
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Second offense |
150.00 |
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Third and subsequent offenses |
300.00 |
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31-28-7.1(e) |
Wrongful use of institutional handi- |
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capped parking placard |
100.00 |
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31-33-2 |
Failure to file accident report |
50.00 |
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31-36.1-17 |
No fuel tax stamp (out-of-state) |
50.00 |
|
31-38-4 |
Violation of inspection laws |
50.00 |
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31-43-1(1) |
D.O.T. and D.E.M. violations |
50.00 |
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31-45-1 |
Noise limits |
50.00 |
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37-15-7 |
Littering |
50.00 |
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39-12-26 |
Public carriers violation |
50.00 |
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31-45-5 |
Audio Systems |
50.00 |
SPEEDING
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Fine |
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A) One to fifteen miles per |
$50.00 |
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hour (1-15 mph) in excess of posted speed limit |
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(B) Sixteen miles per hour (16 mph) |
160.00 |
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in excess of posted speed limit - |
minimum |
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with a fine of ten dollars ($10.00) per |
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mile in excess of speed limit shall be assessed. |
(b) In addition to any other penalties provided by law, a judge may impose the following penalties for speeding:
(i) For speeds up to and including fifteen miles per hour (15 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 subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days.
(ii) For speeds in excess of fifteen miles per hour (15 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 section 31-41-3 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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LC02847
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR VEHICLES - CHILD RESTRAINT
***
This act increases the age requirement for child restraints from 4 to 6. It changes the fine structure for violations of child restraint laws. Finally it reduces the fines from $50.00 to $30.00 for seat belt violations.
This act would take effect upon passage.