2005 -- H 5359

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LC01365

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

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A N A C T

RELATING TO MOTOR VEHICLES - INSPECTIONS

     Introduced By: Representatives San Bento, Kennedy, and Shanley

     Date Introduced: February 08, 2005

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-38-4 of the General Laws in Chapter 31-38 entitled "Inspection

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of Motor Vehicles" is hereby amended to read as follows:

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     31-38-4. Director of department of administration to require periodic inspection. --

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(a) (1) The director of administration shall at least once each year, but not more frequently than

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twice each year, or on the schedule defined pursuant to chapter 47.1 of this title require that every

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vehicle, trailer, semitrailer, and pole trailer registered in this state or upon a retail seller's premise,

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be inspected and that an official certificate of inspection and approval be obtained for the vehicle,

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provided, that the director of administration shall require the first inspection of any new motor

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vehicle within two (2) years from the date of purchase or before the vehicle accumulates twenty-

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four thousand (24,000) miles whichever occurs first.

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      (2) The inspections shall be made and the certificates obtained with respect to the

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mechanism, brakes, and equipment of the vehicle as shall be designated by the director of

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department of administration.

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      (3) The director of the department of administration is authorized to make necessary

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rules and regulations for the administration and enforcement of this chapter including, but not

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limited to, upgraded standards of operation and standards for mechanical testing equipment, and

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to designate any period or periods of time during which sellers at retail and owners of any

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vehicles, subject to this chapter, shall display upon the vehicles certificates of inspection and

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approval, or shall produce these certificates upon demand of any proper officer or employee of

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the department of administration designated by the director of the department of administration.

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In addition, the director shall require each inspection facility to show evidence of an active garage

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keeper's legal liability insurance policy with a minimum of twenty-five thousand dollars

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($25,000) liability coverage. Said coverage shall be purchased for the purpose of insuring against

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any damage sustained to a vehicle while under the control of the inspection facility.

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      (b) The director of the department of administration may authorize the acceptance in this

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state of a certificate of inspection and approval issued in another state having an inspection law

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similar to this chapter, and may extend the time within which a certificate shall be obtained.

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      (c) The director of the department of administration, or the director's designee, may

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suspend the registration of any vehicle which he or she determines is in such unsafe condition as

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to constitute a menace to safety, or which, after notice and demand, is not equipped as required in

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this chapter or for which a required certificate of inspection and approval has not been obtained.

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      (d) The director of the department of administration shall provide for a staggered

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inspection system by regulations.

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      (e) Violations of this section are subject to fines enumerated in section 31-41.1-4.

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     SECTION 2. This act shall take effect upon passage.

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LC01365

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR VEHICLES - INSPECTIONS

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     This act would mandate that motor vehicle inspection facilities have in place a garage

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keeper's legal liability insurance policy.

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     This act would take effect upon passage.

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LC01365

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