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2004 -- S 3074 | |
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LC03230 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2004 | |
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____________ | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC | |
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OFFENSES | |
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Introduced By: Senators Blais, Polisena, Bates, Gibbs, and McCaffrey | |
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Date Introduced: April 29, 2004 | |
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Referred To: Senate Finance | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. 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. This list is not exclusive and jurisdiction may be conferred on the |
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traffic tribunal with regard to other violations. |
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VIOLATIONS SCHEDULE |
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8-8.2-2 DOT, DEM, or other agency and department violations $75.00 |
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24-10-17 Soliciting rides in motor vehicles 40.00 |
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24-10-18 Backing up prohibited 75.00 |
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24-10-20 Park and ride lots 75.00 |
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31-3-12 Visibility of plates 75.00 |
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31-3-18 Display of plates 75.00 |
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31-2-32 Driving with expired registration 75.00 |
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32-3-34 Failure to notify division of change of address 75.00 |
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31-3-35 Notice of change of name 75.00 |
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31-3-40 Temporary plates - dealer issued 75.00 |
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31-4-3 Temporary registration - twenty (20) day bill of sale 75.00 |
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31-10-10 Rules as to armed forces license 75.00 |
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31-10-30 Driving on expired license 75.00 |
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31-10-32 Notice of change of address 75.00 |
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31-10.1-4 No motorcycle helmet (operator) 60.00 |
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31-10.1-5 Motorcycle handlebar violation 75.00 |
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31-10.1-6 No motorcycle helmet (passenger) 75.00 |
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31-10.1-7 Inspection of motorcycle required 75.00 |
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31-12-12 Local motor vehicle ordinance 75.00 |
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31-13-04 Obedience to devices 75.00 |
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31-13-6(3)(i) Eluding traffic light 75.00 |
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31-13-09 Flashing signals 75.00 |
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31-13-11 Injury to signs or devices 75.00 |
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31-14-1 Reasonable and prudent speed 75.00 |
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31-14-03 Condition requiring reduced speed 75.00 |
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31-14-09 Below minimum speed 75.00 |
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31-14-12 Speed limit on bridges and structures 75.00 |
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31-15-1 Leaving lane of travel 75.00 |
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31-15-2 Slow traffic to right 75.00 |
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31-15-3 Operator left of center 75.00 |
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31-15-4 Overtaking on left 75.00 |
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31-15-5(a) Overtaking on right 75.00 |
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31-15-6 Clearance for overtaking 75.00 |
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31-15-7 Places where overtaking prohibited 75.00 |
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31-15-8 No passing zone 75.00 |
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31-15-9 One way highways 75.00 |
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31-15-10 Rotary traffic islands 75.00 |
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31-15-11 Laned roadway violation 75.00 |
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31-15-12 Following too closely 75.00 |
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31-15-12.1 Entering intersection 75.00 |
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31-15-13 Crossing center section of divided highway 75.00 |
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31-15-14 Entering or leaving limited access roadways 75.00 |
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31-15-16 Use of emergency break-down lane for travel 75.00 |
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31-16-1 Care in starting from stop 75.00 |
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31-16-2 Manner of turning at intersection 75.00 |
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31-16-4 U turn where prohibited 75.00 |
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31-16-5 Turn signal required 75.00 |
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31-16-6 Time of signaling turn 75.00 |
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31-16-7 Failure to give stop signal 75.00 |
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31-16-8 Method of giving signals 75.00 |
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31-17-1 Failure to yield right of way 75.00 |
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31-17-2 Vehicle turning left 75.00 |
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31-17-3 Yield right of way (intersection) 75.00 |
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31-17-4 Obedience to stop signs 75.00 |
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31-17-5 Entering from private road or driveway 75.00 |
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31-17-8 Vehicle within right of way, rotary 75.00 |
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31-18-3 Right of way in crosswalks 75.00 |
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31-18-5 Crossing other than at crosswalks 75.00 |
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31-18-8 Due care by drivers 75.00 |
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31-18-12 Hitchhiking 75.00 |
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31-18-18 Right of way on sidewalks 75.00 |
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31-19-3 Traffic laws applied to bicycles 75.00 |
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31-19-20 Sale of new bicycles 75.00 |
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31-19-21 Sale of used bicycles 75.00 |
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31-19.1-2 Operating motorized bicycle on an interstate highway 75.00 |
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31-19.2-2 Operating motorized tricycle on an interstate highway 75.00 |
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31-20-1 Failure to stop at railroad crossing 75.00 |
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31-20-2 Driving through railroad gate 75.00 |
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31-20-9 Obedience to stop sign 75.00 |
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31-21-4 Places where parking or stopping prohibited 75.00 |
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31-21-14 Opening of vehicle doors 45.00 |
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31-22-2 Improper backing up 75.00 |
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31-22-4 Overloading vehicle 75.00 |
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31-22-5 Violation of safety zone 75.00 |
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31-22-6 Coasting 75.00 |
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31-22-7 Following fire apparatus 75.00 |
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31-22-8 Crossing fire hose 75.00 |
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31-22-9 Throwing debris on highway - snow removal 75.00 |
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31-22-11.5 Improper use of school bus - not to exceed five hund- |
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red dollars ($500) for each |
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day of improper use |
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31-22-22(b) No child restraint 75.00 |
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31-22-22(c) Child restraint/seat belt but not in back seat 75.00 |
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31-22-22(e) No seat belt - passenger 75.00 |
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31-22-22(f) No seat belt - operator 75.00 |
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31-22-23 Tow trucks - proper identification 275.00 |
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31-22-24 Operation of interior lights 75.00 |
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31-23-1(d)(2) U.S. department of transportation motor carrier |
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safety rules and regulations 125.00 |
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31-23-4 Brake equipment required 75.00 |
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31-23-8 Horn required 75.00 |
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31-23-10 Sirens prohibited 75.00 |
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31-23-13 Muffler required 75.00 |
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31-23-13.1 Altering height or operating a motor vehicle with an altered height 75.00 |
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31-23-14 Prevention of excessive fumes or smoke 75.00 |
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31-23-16 Windshield and window stickers (visibility) 75.00 |
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31-23-17 Windshield wipers 75.00 |
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31-23-19 Metal tires prohibited 75.00 |
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31-23-20 Protuberances on tires 75.00 |
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31-23-26 Fenders and wheel flaps required 75.00 |
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31-23-27 Rear wheel flaps on buses, trucks and trailers 75.00 |
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31-23-29 Flares or red flag required over four thousand pounds (4,000 lbs.) 75.00 |
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31-23-40 Approved types of seat belt requirements 75.00 |
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31-23-42.1 Special mirror - school bus 75.00 |
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31-23-43 Chocks required (1 pair) - over four thousand pounds (4,000 lbs.) 75.00 |
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31-23-45 Tire treads - defective tires 75.00 |
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31-23-47 Slow moving emblem required 75.00 |
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31-23-49 Transportation of gasoline - passenger vehicle 75.00 |
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31-23-51 Operating bike or motor vehicle wearing ear phones (first offense) 60.00 |
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31-24-1 Times when lights required 75.00 |
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through |
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31-24-53 Safety lights required on food vending vehicles 75.00 |
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31-24-5 Headlamp required on motorcycle 75.00 |
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31-24-31 Flashing lights - permit required 75.00 |
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31-24-34 Failure to dim lights 75.00 |
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31-24-45 Red flag required, load projecting four feet (4') rear 75.00 |
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31-25-03 Maximum width of one hundred and two inches (102") exceeded 75.00 |
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31-25-04 Maximum height of one hundred sixty-two inches (162") exceeded 75.00 |
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31-25-06 Maximum number and length of coupled vehicles 500.00 |
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31-25-07 Load extending three feet (3') front, six feet 75.00 |
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(6') rear exceeded |
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31-25-9 Leaking load 75.00 |
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31-25-11 Connections between coupled vehicles 75.00 |
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31-25-12 Towing chain, twelve inch (12") square flag required 75.00 |
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31-25-12.1 Tow truck - use of lanes (first offense) 50.00 |
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31-25-14(d)(1) Maximum weight and tandem axles 125.00 |
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31-25-14(d)(2) Maximum weight and tandem axles 125.00 |
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31-25-14(d)(3) Maximum weight and tandem axles 125.00 |
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31-25-16(c)(1) Maximum weight shown in registration 65.00 |
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per thousand lbs. overweight |
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or portion thereof. |
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31-25-16(c)(2) Maximum weight shown in registration 125.00 |
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per thousand lbs. overweight |
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or portion thereof. |
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31-25-16(c)(3) Maximum weight shown in registration 1,025.00 plus $125.00 |
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per thousand lbs. overweight |
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or portion thereof. |
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31-25-17 Identification of trucks and truck-tractors 50.00 |
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(first offense) |
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31-25-24 Carrying and inspection of excess load limit 175.00 |
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31-27-2.3 Refusal to take preliminary breath test 75.00 |
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31-28-7(b)(4) Wrongful use of handicapped parking placard 125.00 |
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31-28-7(d) Handicapped parking space violation: |
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First offense 100.00 |
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Second offense 175.00 |
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Third offense and subsequent offenses 325.00 |
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31-28-7.1(e) Wrongful use of institutional handicapped parking placard 125.00 |
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31-33-2 Failure to file accident report 45.00 |
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31-36.1-17 No fuel tax stamp (out-of-state) 75.00 |
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31-38-3 No inspection sticker 75.00 |
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31-38-4 Violation of inspection laws 75.00 |
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31-47.2-06 Heavy-duty vehicle emission inspections: |
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First offense 125.00 |
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Second offense 525.00 |
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Third and subsequent offenses 1,025.00 |
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37-15-7 Littering 55.00 |
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39-12-26 Public carriers violation 75.00 |
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SPEEDING Fine |
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(A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 75.00 |
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(B) Eleven miles per hour (11 mph) in excess of posted speed limit |
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with a fine of ten dollars ($10.00) per mile in excess 185.00 |
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of speed limit shall be assessed. minimum |
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(b) In addition to any other penalties provided by law, a judge may impose the following |
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penalties for speeding: |
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(1) For speeds up to and including ten miles per hour (10 mph) over the posted speed |
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limit on public highways, a fine as provided for in subsection (a) of this section for the first |
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offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second |
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offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for |
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each mile in excess of the speed limit for the third and any subsequent offense if within twelve |
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(12) months of the first offense. In addition, the license may be suspended up to thirty (30) days. |
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(2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on |
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public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for |
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the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the |
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second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per |
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mile for each mile in excess of the speed limit for the third and subsequent offense if within |
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twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) |
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days. |
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(3) For all speeds over the posted speed limit on public highways, a mandatory fine of ten |
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dollars ($10.00) for the purpose of funding the traumatic brain injury fund. Levied assessments |
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shall be turned over by all traffic tribunals and municipal courts to a separate account on a |
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quarterly basis and shall be used only for the purposes specified in section 42-12-20.1. Such |
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assessments shall hereinafter be referred to as the “traumatic brain injury fund.” |
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(c) Any person charged with a violation who pays the fine administratively pursuant to |
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chapter 8.2 of title 8 shall not be subject to any additional costs or assessments, including, but not |
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limited to, the hearing fee established in section 8-18-4, |
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prevention |
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SECTION 2. Sections 42-12-19 and 42-12-20 of the General Laws in Chapter 42-12 |
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entitled "Department of Human Services" are hereby amended to read as follows: |
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42-12-19. Permanent advisory commission on traumatic brain injuries -- |
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Commission established. -- (a) There is hereby established a permanent advisory commission on |
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traumatic brain injuries. |
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(b) The purpose of the commission shall be to |
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(i) Report on all matters relating to traumatic brain injury in Rhode Island to the governor |
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and general assembly. |
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(ii) Advise the department of human services, department of mental health, retardation |
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and hospitals, and the department of health regarding the development of priorities and criteria |
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for disbursement of monies in response to both individual requests and grant-seeking entities |
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from the traumatic brain injury fund. Such priorities and criteria shall be in accordance with the |
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expenditure guidelines set forth in section 42-12-20.1 of this chapter. |
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(iii) Advise the department of human services, department of mental health, retardation |
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and hospitals, and the department of health on all matters regarding traumatic brain injury. |
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(c) The commission shall consist of |
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four (4) times a year and report their findings annually to the governor and general assembly. |
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members of the commission shall serve without compensation. The commissioners |
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elect their own officers on a biannual basis. |
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(d) The membership of the commission shall be as follows: the director of the |
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department of mental health, retardation and hospitals or his or her designee; the director of the |
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department of health or his or her designee; the director of the department of human services or |
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his or her designee; the director of the department of education or his or her designee all of |
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whom shall serve ex-officio; the chief of neurosurgery at Rhode Island hospital or his or her |
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designee; the president and executive director or two (2) designees of the brain injury association |
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of Rhode Island; |
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or her designee; |
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designee; and the speaker of the house or his or her designee |
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the governor as follows: two (2) persons who are unrelated, one (1) of whom must have a |
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traumatic brain injury, and one (1) of whom may be an immediate family member of an |
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individual with a traumatic brain injury; one (1) person who is a neurologist; one (1) person who |
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is a physiatrist; one (1) person who is a neuropsychologist; one (1) person who is a cognitive |
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rehabilitation specialist; one (1) of whom is a traumatic brain injury case manager; one (1) of |
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whom is a physical therapist or occupational therapist; one (1) of whom is a representative of a |
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post-acute rehabilitation facility; and one (1) person who is a community-based service provider. |
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(e) The first meeting of the members of the commission shall be called to order by the |
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governor or his or her designee within ninety (90) days of |
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this act. Of the ten (10) members appointed by the governor, three (3) shall serve a term of one |
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(1) year; three (3) shall serve a term of two (2) years and four (4) shall serve a term of three (3) |
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years. Upon expiration of the initial term, commission members shall served terms of three (3) |
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years. The initial terms of commission members shall be determined by lot. |
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42-12-20. Responsibility of director -- Traumatic brain injury. -- It shall be the |
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responsibility of the director of the department of human services to provide rehabilitative |
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services for persons |
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instate comprehensive community-based services. Monies to fund this section shall be |
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appropriated from state general revenues and shall be raised by assessing an additional penalty of |
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8-25 |
ten dollars ($10.00) for all speeding violations set forth in section 31-41.1-4. The department of |
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human services may utilize up to ten percent (10%) of the sums appropriated for the purpose of |
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administering the traumatic brain injury program. |
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The department of human services, in consultation with the permanent advisory |
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commission on traumatic brain injuries, shall promulgate such rules and regulations in |
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accordance with the Administrative Procedures Act, chapter 35 of title 42, as are necessary and |
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proper to ensure responsible management and operation of section 42-12-20.1. |
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SECTION 3. Chapter 42-12 of the General Laws entitled "Department of Human |
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Services" is hereby amended by adding thereto the following section: |
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42-12-20.1. Expenditures under the traumatic brain injury program. – Expenditures |
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of the assessments under the traumatic brain injury program shall be for the following purposes: |
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(a) as the payor of last resort for individuals who have exhausted all other health or |
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rehabilitation benefit funding services for services covered under this section. |
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(b) services including, but not limited to: case management; cognitive rehabilitation; |
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transitional living; structured day programs; assistive technology services; devices and |
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equipment; transportation; housing; neuropsychological evaluations; behavioral health treatment; |
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substance abuse treatment; respite, and other services and/or assistance as deemed appropriate by |
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the commission for individuals with traumatic brain injury to accomplish a successful re-entry |
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and maintenance in the community. |
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(c) grants to community-based programs, private providers and municipal governments |
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for the purpose of expanding or developing services targeted for individuals with brain injuries as |
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well as for system development and maintenance. Such grants shall be awarded only after |
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9-13 |
consultation with the commission and pursuant to the criteria developed jointly by that body, the |
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department of human services, department of health, department of mental health, retardation and |
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9-15 |
hospitals. |
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(d) funding for public information and prevention education and for the continuation of |
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the resource center coordinated by the brain injury association of Rhode Island. |
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SECTION 4. Section 42-12-21 of the General Laws in Chapter 42-12 entitled |
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"Department of Human Services" is hereby amended to read as follows: |
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42-12-21. "Traumatic brain injury" defined. -- As used in this chapter, "traumatic |
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9-21 |
brain injury" means an injury to the skull, the brain contents or its coverings, not of a |
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degenerative or congenital nature, which may or may not produce an altered state of |
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consciousness or result in temporary or permanent |
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behavioral or physical functioning which causes partial or total disability. |
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SECTION 5. This act shall take effect upon passage. |
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LC03230 | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC | |
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OFFENSES | |
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*** | |
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10-1 |
This act would fund comprehensive instate services for individuals with traumatic brain |
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injury by assessing a mandatory additional penalty of an additional ten dollars ($10.00) for all |
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10-3 |
speeding violations, and would increase the membership of the permanent advisory commission |
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on traumatic brain injuries. |
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This act would take effect upon passage. |
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LC03230 | |
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