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 2013 -- H 5061 SUBSTITUTE A  | |
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 LC00049/SUB A  | |
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 STATE OF RHODE ISLAND  | |
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 IN GENERAL ASSEMBLY  | |
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 JANUARY SESSION, A.D. 2013  | |
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 ____________  | |
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 A N A C T  | |
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 RELATING TO MOTOR AND OTHER VEHICLES -- PASSING, USING OF LANES, AND  | |
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 RULES OF THE ROAD  | |
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      Introduced By: Representatives Corvese, Malik, Palangio, Ucci, and Azzinaro  | |
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      Date Introduced: January 10, 2013  | |
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      Referred To: House Judiciary  | |
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 It is enacted by the General Assembly as follows:  | |
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 1-1  | 
      SECTION 1. Section 31-15-12.1 of the General Laws in Chapter 31-15 entitled "Passing,  | 
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 1-2  | 
 Use of Lanes, and Rules of the Road" is hereby amended to read as follows:  | 
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 1-3  | 
      31-15-12.1. Entering intersections. -- (a) The driver of a motor vehicle shall not enter an  | 
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 1-4  | 
 intersection whether or not any traffic signal is green unless there is sufficient space in the  | 
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 1-5  | 
 roadway he or she is about to enter beyond the intersection to receive his or her vehicle without  | 
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 1-6  | 
 blocking the intersection. Violations of this section are subject to fines enumerated in section 31-  | 
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 1-7  | 
 41.1-4, unless bodily injury, serious bodily injury or death occurs to any person other than the  | 
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 1-8  | 
 offending operator under this section.  | 
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 1-9  | 
      (b) When bodily injury of any person other than the offending operator of any motor  | 
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 1-10  | 
 vehicle is caused by violation of this section, the offending operator shall be fined two hundred  | 
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 1-11  | 
 dollars ($200). When serious bodily injury of any person other than the offending operator of any  | 
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 1-12  | 
 motor vehicle is caused by violation of this section, the offending operator shall be fined five  | 
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 1-13  | 
 hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)  | 
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 1-14  | 
 months. When the death of any person other than the offending operator of any motor vehicle is  | 
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 1-15  | 
 caused by violation of this section, the offending operator shall be fined one thousand dollars  | 
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 1-16  | 
 ($1,000) and his/her driver's license shall be suspended for a period of one year.  | 
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 1-17  | 
      (c) As used in this section, "serious bodily injury" means physical injury that creates a  | 
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 1-18  | 
 substantial risk of death or causes serious physical disfigurement or protracted loss or impairment  | 
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 1-19  | 
 of the function of any bodily member or organ.  | 
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 2-1  | 
      SECTION 2. Sections 31-17-1, 31-17-2, 31-17-4, 31-17-7 and 31-17-8 of the General  | 
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 2-2  | 
 Laws in Chapter 31-17 entitled "Right-of-Way" are hereby amended to read as follows:  | 
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 2-3  | 
      31-17-1. Right-of-way in absence of signs or signals. -- (a) The driver of a vehicle  | 
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 2-4  | 
 approaching an intersection shall yield the right-of-way to a vehicle which has entered the  | 
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 2-5  | 
 intersection from a different highway.  | 
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 2-6  | 
       (b) When two vehicles enter an intersection from different highways at approximately  | 
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 2-7  | 
 the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on  | 
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 2-8  | 
 the right.  | 
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 2-9  | 
       (c) The right-of-way rules declared in subsections (a) and (b) of this section are modified  | 
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 2-10  | 
 at through highways and otherwise as stated in this chapter.  | 
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 2-11  | 
       (d) Violations of this section are subject to the fines enumerated in section 31-41.1-4,  | 
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 2-12  | 
 unless bodily injury, serious bodily injury or death occurs to any person other than the offending  | 
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 2-13  | 
 operator under this section.  | 
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 2-14  | 
      (e) When bodily injury of any person other than the offending operator of any motor  | 
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 2-15  | 
 vehicle is caused by violation of this section, the offending operator shall be fined two hundred  | 
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 2-16  | 
 dollars ($200). When serious bodily injury of any person other than the offending operator of any  | 
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 2-17  | 
 motor vehicle is caused by violation of this section, the offending operator shall be fined five  | 
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 2-18  | 
 hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)  | 
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 2-19  | 
 months. When the death of any person other than the offending operator of any motor vehicle is  | 
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 2-20  | 
 caused by violation of this section, the offending operator shall be fined one thousand dollars  | 
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 2-21  | 
 ($1,000) and his/her driver's license shall be suspended for a period of one year.  | 
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 2-22  | 
      (f) As used in this section, "serious bodily injury" means physical injury that creates a  | 
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 2-23  | 
 substantial risk of death or causes serious physical disfigurement or protracted loss or impairment  | 
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 2-24  | 
 of the function of any bodily member or organ.  | 
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 2-25  | 
      31-17-2. Vehicle turning left or right. -- (a) The driver of a vehicle within an  | 
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 2-26  | 
 intersection intended to turn to the left or right shall yield the right-of-way to any vehicle  | 
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 2-27  | 
 approaching from the opposite direction which is within the intersection or so close to it as to  | 
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 2-28  | 
 constitute an immediate hazard, or shall yield to a pedestrian intending to cross within a  | 
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 2-29  | 
 crosswalk which the driver of the vehicle must travel to make the left or right turn. The driver,  | 
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 2-30  | 
 having so yielded and having given a signal when and as required by chapter 16 of this title, may  | 
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 2-31  | 
 make the left or right turn, and the drivers of all other vehicles approaching the intersection from  | 
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 2-32  | 
 the opposite direction shall yield the right of way to the vehicle making the left or right turn.  | 
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 2-33  | 
 Violations of this section are subject to the fines enumerated in section 31-41.1-4, unless bodily  | 
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 2-34  | 
 injury, serious bodily injury or death occurs to any person other than the offending operator under  | 
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 3-1  | 
 this section.  | 
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 3-2  | 
      (b) When bodily injury of any person other than the offending operator of any motor  | 
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 3-3  | 
 vehicle is caused by violation of this section, the offending operator shall be fined two hundred  | 
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 3-4  | 
 dollars ($200). When serious bodily injury of any person other than the offending operator of any  | 
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 3-5  | 
 motor vehicle is caused by violation of this section, the offending operator shall be fined five  | 
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 3-6  | 
 hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)  | 
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 3-7  | 
 months. When the death of any person other than the offending operator of any motor vehicle is  | 
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 3-8  | 
 caused by violation of this section, the offending operator shall be fined one thousand dollars  | 
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 3-9  | 
 ($1,000) and his/her driver's license shall be suspended for a period of one year.  | 
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 3-10  | 
      (c) As used in this section, "serious bodily injury" means physical injury that creates a  | 
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 3-11  | 
 substantial risk of death or causes serious physical disfigurement or protracted loss or impairment  | 
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 3-12  | 
 of the function of any bodily member or organ.  | 
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 3-13  | 
      31-17-4. Vehicle entering stop or yield intersection. -- (a) Preferential right-of-way at  | 
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 3-14  | 
 an intersection may be indicated by stop signs or yield signs.  | 
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 3-15  | 
       (b) Except when directed to proceed by a police officer or traffic-control signal, every  | 
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 3-16  | 
 driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly  | 
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 3-17  | 
 marked stop line, but if none, before entering the crosswalk on the near side of the intersection,  | 
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 3-18  | 
 or, if none, then at the point nearest the intersecting roadway where the driver has a view of  | 
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 3-19  | 
 approaching traffic on the intersecting roadway before entering the intersection. After having  | 
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 3-20  | 
 stopped, the driver shall yield the right-of-way to any pedestrian intending to cross the lane of  | 
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 3-21  | 
 traffic in a crosswalk or any vehicle which has entered the intersection from another highway or  | 
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 3-22  | 
 which is approaching so closely on the highway as to constitute an immediate hazard during the  | 
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 3-23  | 
 time when the driver is moving across or within the intersection.  | 
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 3-24  | 
       (c) The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow  | 
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 3-25  | 
 down to a speed reasonable for the existing conditions and, if required for safety to stop, shall  | 
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 3-26  | 
 stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of  | 
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 3-27  | 
 the intersection, or, if none, then at the point nearest the intersecting roadway where the driver  | 
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 3-28  | 
 has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the  | 
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 3-29  | 
 driver shall yield the right-of-way to any pedestrian intending to cross the lane of traffic in a  | 
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 3-30  | 
 crosswalk or any vehicle in the intersection or approaching on another highway so closely as to  | 
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 3-31  | 
 constitute an immediate hazard during the time the driver is moving across or within the  | 
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 3-32  | 
 intersection.  | 
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 3-33  | 
       (d) Violations of this section are subject to the fines enumerated in section 31-41.1-4,  | 
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 3-34  | 
 unless bodily injury, serious bodily injury or death occurs to any person other than the offending  | 
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 4-1  | 
 operator under this section.  | 
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 4-2  | 
      (e) When bodily injury of any person other than the offending operator of any motor  | 
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 4-3  | 
 vehicle is caused by violation of this section, the offending operator shall be fined two hundred  | 
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 4-4  | 
 dollars ($200). When serious bodily injury of any person other than the offending operator of any  | 
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 4-5  | 
 motor vehicle is caused by violation of this section, the offending operator shall be fined five  | 
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 4-6  | 
 hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)  | 
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 4-7  | 
 months. When the death of any person other than the offending operator of any motor vehicle is  | 
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 4-8  | 
 caused by violation of this section, the offending operator shall be fined one thousand dollars  | 
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 4-9  | 
 ($1,000) and his/her driver's license shall be suspended for a period of one year.  | 
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 4-10  | 
      (f) As used in this section, "serious bodily injury" means physical injury that creates a  | 
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 4-11  | 
 substantial risk of death or causes serious physical disfigurement or protracted loss or impairment  | 
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 4-12  | 
 of the function of any bodily member or organ.  | 
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 4-13  | 
      31-17-7. Right-of-way of fire companies. -- The officers and men and women of the fire  | 
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 4-14  | 
 department, of any fire engine or hose company, or of any protective department or company  | 
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 4-15  | 
 duly chartered and organized under the laws of this state for the protection of property from fire  | 
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 4-16  | 
 in any city or town, with their registered fire apparatus, shall have the right of way while going to  | 
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 4-17  | 
 a fire or upon any alarm of fire, while responding to an emergency call; when on duty at any fire,  | 
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 4-18  | 
 in, upon, or through any street, highway, lane, avenue, or alley in the city or town; and when  | 
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 4-19  | 
 exiting or entering a fire station, garage or other department facility. Every person in or upon or  | 
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 4-20  | 
 owning any vehicle, or upon the street, highway, lane, avenue, or alley, who shall willfully or  | 
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 4-21  | 
 maliciously refuse the right of way to, or shall in any way willfully or maliciously obstruct or  | 
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 4-22  | 
 retard any registered fire apparatus of the fire department, fire company, protective department, or  | 
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 4-23  | 
 company, or any of the officers or men and women, while going to a fire or upon any alarm of  | 
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 4-24  | 
 fire, while responding to an emergency call, or while on duty at any fire, in, upon, or through the  | 
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 4-25  | 
 street, highway, lane, avenue, or alley, or when exiting or entering a fire station, garage or other  | 
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 4-26  | 
 department facility shall be fined not exceeding   | 
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 4-27  | 
 ($200). However, the rights pursuant to this section of the protective department or company shall  | 
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 4-28  | 
 be subject, at all times, to the rights pursuant to this section of the fire department, fire engine  | 
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 4-29  | 
 company, and hose company.  | 
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 4-30  | 
      31-17-8. Right-of-way at rotary. -- (a) In the absence of any traffic control device or  | 
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 4-31  | 
 sign, the driver of a vehicle about to enter a rotary, regardless of the direction from which the  | 
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 4-32  | 
 vehicle is approaching, shall yield the right-of-way to all vehicles already in the rotary. The state  | 
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 4-33  | 
 traffic commission shall determine the location of yield signs at rotaries. Violations of this section  | 
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 4-34  | 
 are subject to fines enumerated in section 31-41.1-4, unless bodily injury, serious bodily injury or  | 
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 5-1  | 
 death occurs to any person other than the offending operator under this section.  | 
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 5-2  | 
      (b) When bodily injury of any person other than the offending operator of any motor  | 
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 5-3  | 
 vehicle is caused by violation of this section, the offending operator shall be fined two hundred  | 
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 5-4  | 
 dollars ($200). When serious bodily injury of any person other than the offending operator of any  | 
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 5-5  | 
 motor vehicle is caused by violation of this section, the offending operator shall be fined five  | 
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 5-6  | 
 hundred dollars ($500) and his/her driver's license shall be suspended for a period of three (3)  | 
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 5-7  | 
 months. When the death of any person other than the offending operator of any motor vehicle is  | 
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 5-8  | 
 caused by violation of this section, the offending operator shall be fined one thousand dollars  | 
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 5-9  | 
 ($1,000) and his/her driver's license shall be suspended for a period of one year.  | 
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 5-10  | 
      (c) As used in this section, "serious bodily injury" means physical injury that creates a  | 
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 5-11  | 
 substantial risk of death or causes serious physical disfigurement or protracted loss or impairment  | 
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 5-12  | 
 of the function of any bodily member or organ.  | 
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 5-13  | 
      SECTION 3. This act shall take effect upon passage.  | 
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 LC00049/SUB A  | |
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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 -- PASSING, USING OF LANES, AND  | |
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 RULES OF THE ROAD  | |
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      This act would create additional penalties for motor vehicle violations at intersections and  | 
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 6-2  | 
 rights-of-way that cause serious bodily injury or death.  | 
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 6-3  | 
      This act would take effect upon passage.  | 
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 LC00049/SUB A  | |
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