2026 -- H 8523

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LC006363

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SPECIAL STOPS REQUIRED

     Introduced By: Representative Thomas E. Noret

     Date Introduced: May 06, 2026

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-20-12 of the General Laws in Chapter 31-20 entitled "Special

Stops Required" is hereby repealed.

     31-20-12. Stopping for school bus required — Penalty for violation.

     (a) The driver of a vehicle upon a street, highway, private way, private or public parking

area upon meeting or overtaking from any direction any bus marked as “school bus” whenever the

bus is being operated in accordance with § 31-20-11 and on which there is in operation flashing red

lights, shall stop the vehicle before reaching the bus. The driver shall not proceed until the bus

resumes motion or until the flashing lights are no longer actuated. No driver of any motor vehicle,

except emergency vehicles on official business, shall travel in the same lane of traffic behind a

school bus at a distance of less than fifty feet (50′). A person convicted of a violation of this section

shall be punished by a fine not to exceed three hundred dollars ($300) and/or suspension of driving

license for a period not to exceed thirty (30) days for the first offense, and a mandatory fine of not

less than three hundred dollars ($300) nor more than five hundred dollars ($500) and/or revocation

of driving license for a period of one year for each subsequent offense.

     (b) A peace officer may issue a summons based on the statement or testimony of a school

bus driver or monitor or other private citizen provided that the statement or testimony provides the

peace officer with sufficient probable cause that a violation under this section was committed. Any

conviction under this section may be punished in accordance with subsection (a) of this section.

     SECTION 2. Section 31-20-13 of the General Laws in Chapter 31-20 entitled "Special

Stops Required" is hereby amended to read as follows:

     31-20-13. School buses stopped on divided highway or in loading zone.

     When operating a vehicle upon a highway, the driver need not stop upon meeting or passing

a bus marked as “school bus” in accordance with § 31-20-11 in the following circumstances:

     (1) When a highway is a divided highway that is divided by a raised median or physical

barrier, and the bus is stopped in the roadway on one side of the divided highway and the driver is

operating on the other side of it.

     (2) When the bus is stopped in a loading zone adjacent to a limited access highway and

pedestrians are not permitted to cross the highway.

     SECTION 3. 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. Schedule of violations.

     (a) The penalties for violations of the enumerated sections, listed in numerical order,

correspond to the fines described. However, those offenses for which punishments may vary

according to the severity of the offense, or punishment that requires 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. This list

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

violations.

Section of General Laws Total Fine

8-8.2-2 DOT, DEM, or other agency and department violations $100.00

24-10-17 Soliciting rides in motor vehicles 100.00

24-10-18 Backing up prohibited 100.00

24-10-19 Advertising motor vehicle for sale on state highways 100.00

24-10-20 Park and ride lots 100.00

24-12-37 Nonpayment of toll 100.00

31-3-12 Visibility of plates 100.00

31-3-18 Display of plates 100.00

31-3-32 Driving with expired registration 100.00

31-3-34 Failure to notify division of change of address 100.00

31-3-35 Notice of change of name 100.00

31-3-40 Temporary plates — dealer issued 100.00

31-4-3 Temporary registration — twenty-day (20) bill of sale 100.00

31-10-10 Rules as to armed forces license 100.00

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31-10-30 Driving on expired license 100.00

31-10-32 Notice of change of address 100.00

31-10.1-4 No motorcycle helmet (operator) 100.00

31-10.1-5 Motorcycle handlebar violation 100.00

31-10.1-6 No motorcycle helmet (passenger) 100.00

31-10.1-7 Inspection of motorcycle required 100.00

31-12-12 Local motor vehicle ordinance 100.00

31-13-4 Obedience to devices 100.00

31-13-6(3)(i) Eluding traffic light 100.00

31-13-9 Flashing signals 100.00

31-13-11 Injury to signs or devices 100.00

31-14-1 Reasonable and prudent speed 95.00

31-14-3 Condition requiring reduced speed 95.00

31-14-9 Below minimum speed 95.00

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

31-15-1 Leaving lane of travel 100.00

31-15-2 Slow traffic to right 100.00

31-15-3 Operator left of center 100.00

31-15-4 Overtaking on left 100.00

31-15-5(a) Overtaking on right 100.00

31-15-6 Clearance for overtaking 100.00

31-15-7 Places where overtaking prohibited 100.00

31-15-8 No passing zone 100.00

31-15-9 One way highways 100.00

31-15-10 Rotary traffic islands 100.00

31-15-11 Laned roadway violation 100.00

31-15-12 Following too closely 100.00

31-15-12.1 Entering intersection 100.00

31-15-13 Crossing center section of divided highway 100.00

31-15-14 Entering or leaving limited access roadways 100.00

31-15-16 Use of emergency break-down lane for travel 100.00

31-15-17 Crossing bicycle lane 100.00

31-15-18 Unsafe passing of person operating a bicycle 100.00

31-16-1 Care in starting from stop 100.00

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31-16-2 Manner of turning at intersection 100.00

31-16-4 U turn where prohibited 100.00

31-16-5 Turn signal required 100.00

31-16-6 Time of signaling turn 100.00

31-16-7 Failure to give stop signal 100.00

31-16-8 Method of giving signals 100.00

31-16.1-3 Diesel vehicle idling rules

first offense not to exceed 100.00

  second and subsequent offense not to exceed 500.00

31-17-1 Failure to yield right of way 100.00

31-17-2 Vehicle turning left 100.00

31-17-3 Yield right of way (intersection) 100.00

31-17-4 Obedience to stop signs 100.00

31-17-5 Entering from private road or driveway 100.00

31-17-8 Vehicle within right of way, rotary 100.00

31-17-9 Yielding to bicycles on bicycle lane 100.00

31-18-3 Right of way in crosswalks 

  first violation 100.00

  second violation or any subsequent violation 100.00

31-18-5 Crossing other than at crosswalks 100.00

31-18-8 Due care by drivers 100.00

31-18-12 Hitchhiking 100.00

31-18-18 Right of way on sidewalks 100.00

31-19-3 Traffic laws applied to bicycles 100.00

31-19-20 Sale of new bicycles 100.00

31-19-21 Sale of used bicycles 100.00

31-19.1-2 Operating motorized bicycle on an interstate highway 100.00

31-19.2-2 Operating motorized tricycle on an interstate highway 100.00

31-20-1 Failure to stop at railroad crossing 100.00

31-20-2 Driving through railroad gate 100.00

31-20-9 Obedience to stop sign 100.00

31-21-4 Places where parking or stopping prohibited 100.00

31-21-14 Opening of vehicle doors 100.00

31-21-18 Electric vehicle charging station restriction 100.00

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31-22-2 Improper backing up 100.00

31-22-4 Overloading vehicle 100.00

31-22-5 Violation of safety zone 100.00

31-22-6 Coasting 100.00

31-22-7 Following fire apparatus 100.00

31-22-8 Crossing fire hose 100.00

31-22-9 Throwing debris on highway — snow removal 100.00

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

for each day of improper use ($500)

31-22-22(a) No child restraint 100.00

31-22-22(a) Child restraint/seat belt but not in any rear seating position 100.00

31-22-22(b), (f) No seat belt — passenger 40.00

31-22-22(g) No seat belt — operator 40.00

31-22-23 Tow trucks — proper identification 275.00

31-22-24 Operation of interior lights 100.00

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

regulations Not less than $100.00 or more than $500.00

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

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

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

or accessories: (first offense) 250.00

  (second offense) 500.00

  (third and subsequent offenses) 1,000.00

31-23-4 Brake equipment required 100.00

31-23-8 Horn required 100.00

31-23-10 Sirens prohibited 100.00

31-23-13 Muffler required 100.00

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

height 100.00

31-23-14 Prevention of excessive fumes or smoke 100.00

31-23-16 Windshield and window stickers (visibility) 100.00

31-23-17 Windshield wipers 100.00

31-23-19 Metal tires prohibited 100.00

31-23-20 Protuberances on tires 100.00

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31-23-26 Fenders and wheel flaps required 100.00

31-23-27 Rear wheel flaps on buses, trucks, and trailers 100.00

31-23-29 Flares or red flag required over four thousand pounds

(4,000 lbs.) 100.00

31-23-40 Approved types of seat belt requirements 100.00

31-23-42.1 Special mirror — school bus 100.00

31-23-43 Chocks required (1 pair) — over four thousand pounds

(4,000 lbs.) 100.00

31-23-45 Tire treads — defective tires 100.00

31-23-47 Slow moving emblem required 100.00

31-23-49 Transportation of gasoline — passenger vehicle 100.00

31-23-51 Operating bike or motor vehicle wearing ear phones

 (first offense) 100.00

  second offense 110.00

  for the third and each subsequent offense 140.00

31-24-1 through 31-24-54 Times when lights required 100.00

31-25-9 Leaking load 100.00

31-25-11 Connections between coupled vehicles 100.00

31-25-12 Towing chain, twelve-inch (12″) square flag required 100.00

31-25-12.1 Tow truck — use of lanes

  (first offense) 100.00

  second offense 110.00

  for the third and each subsequent offense 140.00

31-25-17 Identification of trucks and truck-tractors

  (first offense) 100.00

  (second offense) 110.00

  for the third and subsequent offenses 140.00

31-25-24 Carrying and inspection of excess load limit 350.00

31-27-2.3 Refusal to take preliminary breath test 100.00

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

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

  First offense 100.00

  Second offense 175.00

  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

31-33-2 Failure to file accident report 100.00

31-34-2 Proof of insurance — motor vehicle rental 100.00

31-34-3 Operation by person other than lessee 100.00

31-36.1-17 No fuel tax stamp (out-of-state) 85.00

and not exceeding ($100) for subsequent offense

31-38-3 No inspection sticker 100.00

31-38-4 Violation of inspection laws 100.00

31-41.3-15 Automated school zone speed enforcement system 50.00

31-47.2-6 Heavy-duty vehicle emission inspections:

  First offense 125.00

  Second offense 525.00

  Third and subsequent offenses 1,025.00

31-51-2.2 Failure to stop for school bus 300.00

37-15-7 Littering not less than 55.00,

not more than five hundred dollars ($500)

39-12-26 Public carriers violation 300.00

     SPEEDING Fine

(A) One to ten miles per hour (1-10 m.p.h.) in excess of posted speed limit $ 95.00

(B) Eleven miles per hour (11 m.p.h.) in excess of posted speed limit with 205.00

minimum a fine of ten dollars ($10.00) per 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:

     (1) For speeds up to and including ten miles per hour (10 m.p.h.) 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 any subsequent offense if within twelve (12) months

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

     (2) For speeds in excess of ten miles per hour (10 m.p.h.) 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

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

     (c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person

charged with a violation who pays the fine administratively pursuant to this chapter shall not be

subject to any additional costs or assessments, including, but not limited to, the hearing fee

established in § 8-18-4.

     SECTION 4. Sections 31-51-2, 31-51-2.1, 31-51-2.2, 31-51-3, 31-51-4, 31-51-5, 31-51-

5.1, 31-51-6, 31-51-8 and 31-51-9 of the General Laws in Chapter 31-51 entitled "School Bus

Safety Enforcement" are hereby amended to read as follows:

     31-51-2. Live digital video school bus violation detection monitoring systems Digital

video school bus violation detection monitoring systems.

     (a) All school departments of this state are hereby authorized to install and operate live

digital video school bus violation detection monitoring systems. Such systems shall, at a minimum,

be systems which monitor and detect school bus traffic violations. For purposes of this chapter a

live digital video school bus violation detection monitoring system means a system with one or

more camera sensors and computers which produce live digital and recorded video of motor

vehicles being operated in violation of school bus traffic laws in violation of § 31-20-12. All

systems installed for use under this chapter shall, at a minimum, produce a live visual image

viewable remotely, a recorded image of the license plate, and be able to record the time, date, and

location of the vehicle, and a signed affidavit by a person who witnessed the violation via live or

recorded video.

     (b) On and after July 1, 2027, all new school buses to be operated pursuant to § 31-20-

11(a) shall be equipped with a live digital video school bus violation detection monitoring system

that conforms with the requirements of subsection (a) of this section.

     (c) On and after July 1, 2032, all school buses to be operated pursuant to § 31-20-11(a)

shall be equipped with a live digital video school bus violation detection monitoring system that

conforms with the requirements of subsection (a) of this section.

     (d) The school departments with input and approval by the municipal police chief may

enter into an agreement with a private corporation or other entity to provide live digital video school

bus violation detection monitoring systems and to maintain and operate such systems.

     (e) Neither the school department, nor the municipality shall incur liability or have an

obligation to reimburse a vendor for any expenses or costs associated with the operation or

administration of the contracted digital video school bus violation detection monitoring system

beyond revenue allocations pursuant to § 31-51-2.2, even if expenses or costs to the vendor exceed

such violation revenues.

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     31-51-2.1. Installation and signage.

     (a) All vehicles installed with a live digital video school bus violation detection monitoring

system shall post a warning sign indicating the use of such system.

     (b) Warning signage shall remain on each vehicle as long as a live digital video school bus

violation detection monitoring system is in operation.

     31-51-2.2. Stopping for school bus required — Penalty for violation.

     (a) Any vehicle being operated upon a street, highway, private way or private or public

parking area upon meeting or overtaking from any direction any school bus on which there is in

operation flashing red lights or activated stop sign, shall stop before reaching the bus. The vehicle

shall not proceed until the bus resumes motion or until the flashing lights are no longer actuated.

No driver of any motor vehicle, except emergency vehicles on official business, shall travel in the

same lane of traffic behind a school bus at a distance of less than fifty feet (50'). An Notwithstanding

any provision of the general laws to the contrary, an owner and/or operator of a motor vehicle

operated in violation of this section based on evidence obtained from a live digital video school bus

violation detection monitoring system shall, upon admission or conviction of a violation of this

section, be punished by a civil fine of not less than two hundred fifty dollars ($250) nor more than

five hundred dollars ($500) and/or suspension of his or her driving license for a period not to exceed

thirty (30) days three hundred dollars ($300).

     (b)(1) A law enforcement officer authorized to issue a traffic violation summons pursuant

to this title or technician employed by a municipality may issue a summons notice of a violation of

this chapter based on evidence from a live digital video school bus violation detection monitoring

system; provided, that the statement of testimony, or evidence provides the law enforcement officer

or technician with sufficient probable cause that a violation under this section was committed. The

summons notice of violation shall be in the form referred to in § 31-51-3.

     (2) A law enforcement officer may issue a notice of violation based on personal

observation, or on the statement or testimony of a school bus driver or monitor or other private

citizen; provided that, the statement or testimony provides the law enforcement officer with

sufficient probable cause that a violation under this section was committed. Any admission or

conviction under this subsection may be punished in accordance with subsection (a) of this section.

     31-51-3. Procedure — Notice.

     (a) Except as expressly provided in this chapter, all prosecutions based on evidence

produced by a live digital video school bus violation detection monitoring system shall follow the

procedures established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated

by the chief magistrate of the traffic tribunal for the hearing of civil traffic violations in the traffic

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tribunal. Provided, that in an action brought pursuant to the provisions of this chapter, references

in chapter 41.1 of this title to an “operator” shall apply to the registered owner of the vehicle. A

summons notice of violation may be issued by an officer or technician solely based on evidence

obtained by use of a live digital video school bus violation detection monitoring system. All

summonses notices of violation issued based on evidence obtained from a live digital video school

bus violation detection monitoring system shall be issued within ten (10) thirty (30) days of the

violation. Notwithstanding any provisions of the general laws to the contrary, jurisdiction to hear

and decide any violation under this chapter shall be as follows:

     (1) By the traffic tribunal over all violations for which the summons notice of violation is

issued by a state agency;

     (2) By the traffic tribunal over all violations for which the summons notice of violation is

issued by a city or town which has not established a municipal court; and

     (3) By the municipal court over all violations for which the summons notice of violation is

issued by a city or town which has established a municipal court.

     (b) It shall be sufficient to commence a prosecution based on evidence obtained from a live

digital video school bus violation detection monitoring system. A copy of the summons notice of

violation and supporting documentation shall be mailed to the address of the registered owner kept

on file by the an applicable registry of motor vehicles. For purposes of this section, the date of

issuance shall be the date of mailing. A manual or automatic record of mailing prepared in the

ordinary course of business shall be prima facie evidence of the factors contained therein.

     (c) The officer or technician issuing the citation notice of violation shall certify under

penalties of perjury that the evidence obtained from the live digital video school bus violation

detection monitoring system was sufficient to demonstrate a violation of the motor vehicle code.

Such certification shall be sufficient in all prosecutions pursuant to this chapter to justify the entry

of a default judgment upon sufficient proof of actual notice in all cases where the citation notice of

violation is not answered within the time period permitted.

     (d) The Notwithstanding any provision of the general laws to the contrary, the summons

shall be in the form of violation and contain all the information provided for on the uniform

summons as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief

magistrate of the traffic tribunal as well as the date, time, and location of the violation. In addition,

the following information shall be attached to or accompany the summons the following:

     (1) The date, time, and approximate location of the violation;

     (2) Copies of two (2) or more photographs, or microphotographs, videos, or other recorded

images taken as proof of the violation;

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     (2)(3) A signed statement certified under the penalties of perjury by a trained law

enforcement officer or authorized municipal technician that, based on inspection of recorded

images and video, the motor vehicle was being operated in violation of this chapter;

     (3)(4) A signed statement that recorded images are evidence of a violation of this chapter;

     (4)(5) A statement that the person who receives the summons notice of violation under this

chapter may either pay admit liability by paying the civil fine in accordance with the provisions of

§ 31-51-2.2 to the municipality or its designee, proceed under § 31-51-5(c)(3) 31-51-5(c)(2) of this

section, or elect to stand trial request a hearing for the alleged violation;

     (5) A signed affidavit by a person who witnessed the motor vehicle being operated in

violation of this chapter; and

     (6) A signed statement certified under the penalties of perjury by a trained law enforcement

officer that the summons and attachments required under this subsection were mailed to the address

of the registered owner kept on file by the registry of motor vehicles. A website where the recorded

video and images from a digital school bus violation detection monitoring system can be observed;

     (7) The amount of the civil fine imposed by the municipality, the date by which the civil

fine must be paid, and instructions on how to pay the civil fine;

     (8) Instructions on how to request a hearing or stand trial to contest liability;

     (9) A warning that failure to pay the civil fine within thirty (30) days of the issuance of the

notice of violation shall incur a thirty-five dollar ($35.00) administrative late fine in addition to the

unpaid civil fine; and

     (10) A warning that failure to pay the civil fine may result in withholding of the motor

vehicle registration.

     (e) Any summons issued pursuant to this chapter Notwithstanding any provision of the

general laws to the contrary, a notice of violation shall be issued by a law enforcement officer

authorized to issue a traffic violation summons or technician designated by a municipality pursuant

to this title chapter, however, a municipality may assign a designee to perform ministerial mailing

and payment processing services associated with a notice violation.

     (f) Any registered owner or otherwise liable party who fails to pay the civil fine within

thirty (30) days of the issuance of the notice of violation shall be subject to a thirty-five dollar

($35.00) administrative late fine in addition to the unpaid civil fine.

     (g) If an unpaid civil fine or administrative late fine is not paid within ninety (90) days of

the issuance of the original notice of violation and there is no non-liability violation established

pursuant to § 31-51-5(e), the municipality shall report the registered owner to the Rhode Island

division of motor vehicles, who then shall not permit the renewal of the vehicle registration

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associated with the violation until any unpaid civil fines or administrative late fines are paid to the

municipality. Upon the municipality's receipt of such payment or a written repayment agreement

between the person and the municipality, the municipality shall promptly issue a verbal, written, or

electronic confirmation showing the amounts paid and certification that the person does not owe

any amounts to the municipality or has otherwise made satisfactory repayment arrangements with

the municipality. In any such case, the Rhode Island division of motor vehicles shall forthwith

release any hold placed for this purpose on the person's vehicle registration renewal. If a person

who made satisfactory repayment arrangements with the municipality subsequently fails to honor

and comply with such arrangement with the municipality according to their terms, the municipality

may re-report the person to the Rhode Island division of motor vehicles which shall then prohibit

that person from renewing the vehicle registration until the originally paid civil fines and

administrative late fines are paid to the municipality.

     (h) If a non-liability of violation is proven pursuant to § 31-51-5(e), then the municipality

shall report the liable party to the Rhode Island division of motor vehicles.

     31-51-4. Hearings.

     Notwithstanding any provision of the general laws to the contrary, a hearing to decide any

violation under this chapter may be conducted in person, online via video conferencing or by mail

through submission of a written explanation. Evidence from a live digital video school bus violation

detection monitoring system shall be considered substantive evidence in the prosecution of all civil

traffic violations. Evidence Recorded images from a live digital video school bus violation

detection monitoring system approved by the school department shall serve as prima facie evidence

of a violation, shall be admitted without further authentication and such evidence may shall be

deemed sufficient to sustain a civil traffic violation. Notwithstanding any provision of the general

laws to the contrary, liability at any hearing shall be determined by clear and convincing evidence

whether the violation occurred. In addition to any other defenses as set forth herein, any and all

defenses cognizable at law shall be available to the individual who receives the citation notice of

violation commencing a prosecution under this chapter; provided, however, school bus compliance

with §§ 31-20-11 or 31-20-11.1 shall not be a defense to the violation. Notwithstanding any

provision of the general laws to the contrary, the traffic tribunal or a municipal court may charge a

hearing fee not to exceed one hundred dollars ($100) to a party that requests a hearing for a notice

of violation issued under this chapter, and such hearing fee shall not apply if the party is deemed

not liable at the hearing.

     31-51-5. Driver/registered owner liability.

     (a) The registered owner of a motor vehicle shall not operate or allow the motor vehicle to

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be operated in violation of this chapter. There shall be a rebuttable presumption that the registered

owner of the vehicle that is photographed pursuant to this chapter was operating the vehicle.

     (b) In all prosecutions of civil traffic violations based on evidence obtained from a live

digital video school bus violation detection monitoring system as provided under this chapter, the

registered owner of the vehicle shall be primarily responsible in all prosecutions of violations

pursuant to the provisions of this chapter, except as otherwise provided under this chapter.

     (c) In the event that the registered owner of the vehicle operated in violation of this chapter

was not the operator of the vehicle at the time of the violation, the registered owner shall either:

     (1) Accept responsibility for the violation by paying the fine to the municipality or its

designee; or

     (2) Upon receipt of the notice of the violation, provide the issuing authority, a notarized

affidavit under penalty of perjury, within twenty (20) thirty (30) days of the date of issuance, the

name and address of the individual operating the vehicle at the time which the violation occurred.

     (d) It shall be prima facie evidence, establishing a rebuttable presumption, that the owner

of the registered motor vehicle was the operator of the vehicle at the time of the violation if the

registered owner of the motor vehicle fails to pay the fine and fails to proceed under subdivision

(c)(2) of this section. Evidence offered pursuant to this chapter shall be sufficient to establish a

violation of § 31-51-2.2 by clear and convincing evidence.

     (e) The owner of a rented or leased motor vehicle, or the owner of a corporation or

authorized agent, may establish non-liability for violations issued pursuant to this chapter by

providing to the issuing authority the name and address of the custodian of the vehicle at the time

of the violation. The owner of the rented or leased vehicle shall provide a copy of the written rental

or a lease agreement which shall be prima facie evidence, establishing a rebuttable presumption,

that the lessee was the operator of the vehicle. In the event that the lessee was not the operator of

the motor vehicle at the time of the violation, the lessee shall either:

     (1) Accept responsibility for the violation by paying the fine to the municipality or

designee; or

     (2) Upon receipt of the notice of the violation, provide the issuing authority within twenty

(20) thirty (30) days of the date of issuance, the name and address of the individual operating the

vehicle at the time which the violation occurred; or

     (3) Request a hearing for the alleged violation.

     31-51-5.1. Revenue.

     The revenue generated from each fine imposed pursuant to this chapter shall be allocated

as follows:

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     (1)

     Forty percent (40%) Twenty percent (20%) to the state general fund;

     (2)(i) Thirty percent (30%) Forty percent (40%) to the municipality where the violation

takes place; and

     (ii) Thirty percent (30%) Forty percent (40%) to the vendor who supplies and supports the

video detection monitoring system being used; and

     (3) The provisions of this section shall not apply to contracts existing at the time of the

enactment of this section, and shall only apply to new contracts, or extensions of existing contracts,

entered into on or after the effective date of this section.

     31-51-6. Use of evidence in criminal and civil cases.

     Nothing in this chapter shall prohibit the use of evidence produced by a live digital video

school bus violation detection monitoring system in a criminal or private civil proceeding provided

that the admissibility of such evidence shall not follow the applicable laws and rules of procedure

and rules of evidence which apply in criminal and civil cases.

     31-51-8. Security of records.

     (a) The recorded images and live video produced by a live digital video school bus violation

detection monitoring system shall not be deemed “public records” subject to disclosure pursuant to

subdivision 38-2-2(4)(i).

     (b) All recorded images and live video that do not identify a violation shall be destroyed

within twenty-four (24) hours ninety (90) days of the date the live video was recorded, unless

ordered by a court of competent jurisdiction.

     (c) All recorded images and live video that identify a violation shall be destroyed within

one year after the citation is resolved by administrative payment, trial or other final disposition of

the citation, unless ordered by a court of competent jurisdiction.

     (d) The privacy of records produced pursuant to this chapter shall be maintained; provided,

that aggregate data not containing personal identifying information may be released.

     31-51-9. Reports.

     The school department authorizing the installation of a live digital video school bus

violation detection monitoring system, in consultation with the municipality, shall prepare an

annual report containing data on:

     (1) The number of citations issued;

     (2) The number of those violations paid;

     (3) The number of those violations found after trial or hearing;

     (4) The number of violations dismissed after trial or hearing;

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     (5) The amount of revenue obtained from the live digital video school bus violation

detection monitoring system.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SPECIAL STOPS REQUIRED

***

     This act would permit a driver to admit to a violation for failure to stop for a school bus

and pay the violation of three hundred dollars ($300) directly to the municipality or its designee,

without the need for a court appearance. This act would further permit a law enforcement officer,

or a technician employed by a municipality to issue a notice of violation to a driver who fails to

stop for a school bus. The driver would then have thirty (30) days to pay the fine, or request a

hearing in regard to the violation. The recorded images from the digital video school bus violation

detection monitoring system shall serve as prima facie evidence of a violation and shall be admitted

without further authentication and sufficient to sustain a civil traffic violation. The revenue received

from these violations would be readjusted so that twenty percent (20%) goes to the state general

fund; forty percent (40%) goes to the municipality where the violation occurred; and forty percent

(40%) goes to the vendor applying and supporting video detection monitoring system being used.

     This act would take effect upon passage.

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