Introduced By: Senators Paiva Weed, Kelly, Gibbs, Oster, Walsh, et al.
Date Introduced : March 23, 1999
It is enacted by the General Assembly as follows:
ADMINISTRATIVE ADJUDICATION COURT
SECTION 1. Chapter 31-43 of the General Laws entitled "Administrative Adjudication Court" is hereby repealed in its entirety.
{DEL 31-43-1. Establishment of court -- Judges -- Seal
-- Oaths. -- DEL} {DEL (a) There is hereby established an administrative
adjudication court, consisting of a chief judge and six (6) associate
judges to administer and adjudicate traffic violations. The administrative
adjudication court and the department of transportation shall
coordinate their activities affecting licenses and registrations
issued by the department of transportation; provided, however,
that the administrative adjudication court shall be a member of
the judicial branch of government, shall be part of the unified
court system, and shall be independent of the department of transportation. DEL}
{DEL (b) Said judges shall hear and determine cases as provided
by this chapter and the chief judge may, in consultation with
the administrator/clerk and subject to approval by the supreme
court, promulgate such rules and regulations as shall be necessary
or desirable to effect the purposes of this chapter. Such regulations
may provide for a schedule of monetary penalties to be used where
an answer is made by mail admitting a charge provided that no
such penalty shall exceed the maximum fine established by law
for the traffic or motor vehicle infraction involved. DEL}
{DEL (c) A judge shall devote full time to his or her judicial
duties; shall not practice law while holding office; and shall
not be a partner or associate of any person in the practice of
law. DEL}
{DEL (d) Judges of the administrative adjudication court shall
remain and be deemed "employees" within the meaning
of section 36-8-1(2) and shall remain and be members of the retirement
system previously established by sections 31-43-11 -- 31-43-14
of this chapter. DEL}
{DEL (e) Judges of the administrative adjudication court shall
be subject to the provisions of R.I. Const., art. XI; to the code
of judicial conduct or successor code promulgated by the supreme
court of this state; to the jurisdiction of the Commission on
Judicial Tenure and Discipline in accordance with chapter 16 of
title 8; and to the administrative authority and control of the
chief justice of the supreme court in accordance with chapter
15 of title 8. DEL}
{DEL (f) The administrative adjudication court shall be a court
of record and shall have a seal with such words and devices as
the court shall adopt. DEL}
{DEL (g) The judges and administrator/clerk of the administrative
adjudication court shall have power to administer oaths and affirmations. DEL}
{DEL (h) The chief judge shall be the administrative head of
the court and shall be responsible for its operation and the efficient
use of its personnel. To this end he or she shall: DEL}
{DEL (1) Hold court in any location when he or she deems it
necessary, assign judges to hold court in the various locations,
and designate the place or places for holding court in each location
subject to the approval of the chief justice of the supreme court; DEL}
{DEL (2) Fix the time for holding court in each location and
supervise the calendars; DEL}
{DEL (3) Report annually to the chief justice of the supreme
court on the state of the business of the court; DEL}
{DEL (4) Supervise the collection and publication of statistics
pertaining to the court; DEL}
{DEL (5) Supervise the management of the records of the court; DEL}
{DEL (6) Determine the time of vacations to be taken by the
judges; DEL}
{DEL (7) Preside over the court meetings and designate the
times and places that they shall be held; and DEL}
{DEL (8) Promulgate, in consultation with the administrator/clerk,
rules and regulations relating to the operations and conduct of
the court and supervision of the judges subject to the approval
of the supreme court. DEL}
{DEL 31-43-1.1. Administrator/clerk -- Deputy administrator/clerks.
-- DEL} {DEL (a) There shall be an administrator/clerk of the administrative
adjudication court who shall be appointed by the governor with
advice and consent of the senate for a term of twelve (12) years;
provided, however, that the person holding the position of assistant
director for administrative adjudication as of September 1, 1992
shall hold the office of administrator/clerk for twelve (12) years
from the effective date hereof without the necessity of appointment
by the governor or advice and consent of the senate. The administrator/clerk
shall perform such duties and attend to such matters as may be
assigned to the administrator/clerk by the chief judge. DEL}
{DEL (b) There shall be two (2) deputy administrator/clerks
of the administrative adjudication court who shall be appointed
by the chief judge in consultation with the administrator/clerk;
provided, however, that the persons holding the positions of supervisor
of operator control and chief hearing officer of the division
of motor vehicles as of September 1, 1992 shall hold the office
of deputy administrator/clerks and shall perform such duties and
attend to such matters as may be assigned by the administrator/clerk.
The two (2) deputy administrator/clerks shall be in the unclassified
service of the state and shall be subject to dismissal for cause
only. DEL}
{DEL 31-43-1.2. Jurisdiction. -- DEL} {DEL (a) Notwithstanding
any inconsistent provision of law, all probationary license hearings
as provided in section 31-10-26, all violations of the department
of transportation, department of environmental management or board
of governors for higher education regulations regarding parking,
standing, or stopping in areas under the jurisdiction of said
agencies, all violations of state statutes relating to motor vehicles,
littering and traffic offenses, (except those traffic offenses
committed in places within the exclusive jurisdiction of the United
States, and) except driving so as to endanger resulting in death,
driving while under the influence of liquor or drugs, reckless
driving and other offenses against public safety as provided in
section 31-27-4, driving after denial, suspension or revocation
of license, and leaving the scene of an accident in violation
of sections 31-26-1 and 31-26-2, and driving without the consent
of the owner and possession of a stolen motor vehicle in violation
of sections 31-9-1 and 31-9-2 shall be heard and determined by
the administrative adjudication court pursuant to the regulations
promulgated by the administrator/clerk as provided in this chapter;
provided, however, the administrative adjudication court shall
not hear any parking, standing or stopping violations which occur
in any city or town which has established its own municipal court
and has jurisdiction over such violations. DEL}
{DEL (b) Notwithstanding any inconsistent provision of law,
the administrative adjudication court shall have concurrent jurisdiction
to hear and determine, pursuant to the rules and regulations promulgated
by the administrator/clerk as provided in this chapter, all violations
of any ordinances, rules and regulations governing the public
waters and the speed, management and control of all vessels and
the size, type and location and use of all anchorages and moorings
within the jurisdiction of the towns of North Kingstown, South
Kingstown, Portsmouth, Middletown, Narragansett and Tiverton enforced
and supervised by the harbormaster and referred to the administrative
adjudication court and the terms "traffic violations"
and "traffic infraction" when used in this chapter shall
include the aforesaid violations and such violations shall be
adjudicated in accordance with the provisions of this chapter.
Nothing contained herein shall abrogate the powers of the Rhode
Island coastal management council under the provisions of chapter
23 of title 46. DEL}
{DEL (c) The administrative adjudication court shall also have
jurisdiction over appeals from orders of the registrar and/or
the department of transportation in accordance with sections 8-18-9,
31-2-19, 31-5-26, 31-5.1-16, 31-11-15 and 31-38-17. DEL}
{DEL 31-43-2. Summons. -- DEL} {DEL (a) The administrator/clerk
shall be authorized to prescribe by regulation the form for the
summons and complaint to be used for all traffic violations specified
in section 31-43-1.2, and to establish specific procedures for
proper administrative controls over the disposition thereof. The
summons may be the same as the summons provided for in sections
31-27-12 and 31-41-1. The chief executive officer of each local
police force which is required to use the summons and complaint
provided for herein shall prepare or cause to be prepared such
records and reports as may be prescribed by the assistant director
for administrative adjudication. DEL}
{DEL (b) Answer. - (1) General. Any person who received a summons
for a violation described in section 31-43-1.2 shall answer the
summons by personally appearing after being notified of the date,
time, and place specified therein. Provided, however, that an
answer may be made by registered or certified mail, return receipt
requested, within thirty (30) days of the date of the violation
as provided in subdivisions (2) and (3) of this subsection. DEL}
{DEL (2) Answer by mail -- Admitting charge. - If a person
charged with the violation admits to the violation as charged
in the summons, he or she may complete an appropriate form prescribed
by the administrator/clerk and forward the form and summons to
the court. If a schedule of penalties for violations has been
established, pursuant to section 31-41-4, a certified check or
money order in the amount of the penalty for the violation charged
must also be submitted with the answer. However, if the person
charged has already been adjudicated to have committed in the
state of Rhode Island one moving motor vehicle violation within
six (6) months prior to the issuance of this summons the plea
may not be made by mail. DEL}
{DEL (3) Answer by mail -- Denial of charges. - If the person
charged with the violation denies part or all the violations as
charged in the summons, he or she may complete an appropriate
form prescribed by the administrator/clerk for that purpose and
forward the form and summons to the court. Upon receipt, the answer
shall be entered and a hearing date established by the division.
The court shall notify the person by mail of the date of the hearing. DEL}
{DEL (c) Failure to answer or appear. - If the person charged
with the violation shall fail to answer the summons as provided
herein, a judge may enter default judgment, and after hearing
any evidence presented, determine whether the charges have been
established. Where the charges are not established, an order dismissing
the charges shall be entered. Where a determination is made that
a charge has been established, an appropriate order shall be entered
in the court's records including the suspension of the license
or driving privilege of the person so charged in the same manner
as set forth in section 31-43-3. DEL}
{DEL 31-43-3. Hearings. -- DEL} {DEL (a) Every hearing
for the adjudication of a traffic infraction, as provided by this
chapter, shall be held before a judge of this court. The burden
of proof shall be upon the state, and no charge may be established
except by clear and convincing evidence. The chief judge may prescribe,
by rule or regulation, the procedures for the conduct of such
hearings. On or before September 1, 1992, the chief judge, in
consultation with the administrator/clerk, shall prescribe rules
for discovery in all contested cases involving violations of section
31-27-2.1. Discovery shall include but not be limited to, access
to police reports, accident reports, and statements showing a
person has been advised of his or her rights. DEL}
{DEL (b) After due consideration of the evidence and arguments,
the judge shall determine whether the charges have been established.
Where the charges are not established, an order dismissing the
charges shall be entered. Where a determination is made that a
charge has been established or if an answer admitting the charge
has been received, an appropriate order shall be entered in the
court's records. DEL}
{DEL (c) An order entered after the receipt of an answer admitting
the charge or where a determination is made that the charge has
been established shall be civil in nature, but shall be treated
as an adjudication that a violation has been committed for the
purpose of this chapter. The administrator/clerk, his or her designee
or a judge may include in the order an imposition of any penalty
authorized by any provisions of this title for a conviction of
the violation, except that no penalty therefor shall include imprisonment.
Provided, however, that the administrator/clerk, his or her designee,
or a judge may order the suspension or revocation of a license
or of a registration based upon findings, in accordance with the
provisions of this title, which authorized the suspension or revocation
of a license or of a registration or may order the suspension
of a license or of a registration for the willful failure to pay
a fine previously imposed by the administrator/clerk or his or
her designee or a judge. A judge, if he or she deems it advisable,
may order a motorist to attend a rehabilitative driving course
operated under the jurisdiction of a college or university accredited
by the state of Rhode Island, or the trained personnel of the
administrative adjudication court. An order to attend a course
may also include a provision to pay reasonable tuition for the
course to the institution in an amount not to exceed twenty-five
dollars ($25.00). The order shall contain findings of fact. DEL}
{DEL (d) Unless a judge shall determine that a substantial
traffic safety hazard would result therefrom, and except for violations
pursuant to section 31-27-2.1, he or she shall, pursuant to the
regulations of the administrator/clerk, delay for a period of
thirty (30) days the effective date of any suspension or revocation
of a driver's license or vehicle registration imposed pursuant
to this chapter. Provided, however, that the regulations may provide
for the immediate surrender of any item to be suspended or revoked
and the issuance of appropriate temporary documentation to be
used during the thirty (30) day period. The provision for immediate
surrender shall contain a statement of reasons therefor. DEL}
{DEL (e) A two dollar ($2.00) administrative hearing cost shall
be assessed against each person pleading or found guilty of a
traffic infraction, as provided by this chapter. Any funds received
shall be paid into the general fund. DEL}
{DEL (f) (1) Commencing July 1, 1989, an additional fee shall
be assessed against each disposition of a traffic infraction as
provided by this chapter other than those wherein the individual
is found not guilty or the action is dismissed, provided, however,
that when monetary penalties are answered by mail in accordance
with section 31-43-2, the additional fee shall be as follows: DEL}
{DEL | |
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{DEL (2) In addition thereto, commencing July 1, 1992, an additional
fee shall be assessed against each disposition of a traffic fine
infraction as provided by this chapter other than those wherein
the individual is found not guilty or the action is dismissed,
provided, however, that when monetary penalties are answered by
mail in accordance with section 31-43-2, the additional fee shall
be as follows: DEL}
{DEL | |
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{DEL (3) In addition thereto,
commencing July 1, 1995, an additional fee shall be assessed against
each disposition of a traffic fine infraction as provided by this
chapter other than those wherein the individual is found not guilty
or the action is dismissed, provided, however, that when monetary
penalties are answered by mail in accordance with section 31-43-2,
the additional fee shall be as follows: DEL}
{DEL | |
{DEL (4)
In cases in which a hearing is held before the court, the additional
fee shall be as follows: DEL}
{DEL | ||||
{DEL (5) Commencing July 1,
1999, all existing fees assessed against each disposition of a
traffic fine infraction as provided by this chapter other than
those wherein the individual is found not guilty or the action
is dismissed shall be reduced by fifty percent (50%) when monetary
penalties are answered by mail in accordance with section 31-43-2. DEL}
{DEL (6) Any fees collected in accordance with this section
shall be deposited into the general funds. DEL}
{DEL 31-43-3.1. Special hearings based on good driving
record. -- DEL} {DEL (a) Any person who has had a motor vehicle
operator's license for more than three (3) years, and who has
been issued traffic violations which were their first violations
within the preceding three (3) years, may request a hearing seeking
a dismissal of the violations based upon the operator's good driving
record. DEL}
{DEL (b) At the time of the hearing, the judge shall review
the operator's record, and if the judge is reasonably assured
that the operator has not been issued any other traffic violation
within the past three (3) years, may dismiss the violation based
upon a good driving record, and, if applicable, order an appropriate
refund. DEL}
{DEL (c) No petition for refund shall be requested more than
six (6) months after the date of the violation nor for any violation
which was paid prior to June 21, 1985. DEL}
{DEL A parking ticket shall not constitute a prior violation. DEL}
{DEL (d) The following violations shall not be dismissed pursuant
to this statute: DEL}
{DEL (1) Any violation within the original jurisdiction of
superior or district court; DEL}
{DEL (2) A refusal to submit to a chemical test of breath,
blood or urine pursuant to section 31-27-2.1; DEL}
{DEL (3) Any violation involving a school bus; DEL}
{DEL (4) Any violation involving an accident where there has
been property damage or personal injury; DEL}
{DEL (5) Any speeding violation in excess of nineteen miles
per hour (19 m.p.h.) above the posted speed limit. DEL}
{DEL (e) Although the charge may be expunged from the operator's
record, a dismissal pursuant to this statute shall be maintained
on the operator's record for a period of three (3) years. After
said period, upon request a violation may be expunged for an administrative
fee of ten dollars ($10.00) per violation. All violations within
chapter 27 of this title which are in the jurisdiction of the
division and after any applicable retention of record requirement
period has expired, may upon request be deleted from the records
of the division at a cost of one hundred dollars ($100) per violation.
Such deletion shall be in addition to and not in place of any
expungement provided for by chapter 1.3 of title 12. All fees
collected within this section shall be transferred to the general
fund. DEL}
{DEL 31-43-4. Appellate review. -- DEL} {DEL (a) Appeals
panels. - The chief judge shall establish one or more appeals
panels, each consisting of three (3) judges of the court, and
shall select a presiding judge for each appeals panel from the
judges so appointed. The administrator/clerk shall also designate
such other personnel of the court as may be necessary to assist
an appeals panel in carrying out its functions. DEL}
{DEL (b) Right of appeal. - Any person who is aggrieved by
a determination of a judge may appeal the determination pursuant
to the provisions of this section. DEL}
{DEL (c) Appeals panel. - Each appeal filed pursuant to this
section shall be reviewed by an appeals panel which shall make
a determination of the appeal, and shall cause an appropriate
order to be entered in the records of the court. DEL}
{DEL (d) Time limitations. - No appeal shall be reviewed if
it is filed more than ten (10) days after notice was given of
the determination appealed from. Notice shall be complete upon
mailing. DEL}
{DEL (e) Appeal procedures. - Any person desiring to file an
appeal from an adverse determination pursuant to this section,
shall do so in a form and manner provided by the administrator/clerk.
The transcript of any hearing which formed the basis for the determination
will be reviewed only if it is submitted by the appellant. An
appeal shall not be deemed to be finally submitted until the appellant
has submitted all forms or documents required to be submitted
by the administrator/clerk or by this section. DEL}
{DEL (f) Standard of review. - The appeals panel shall not
substitute its judgment for that of the judge as to the weight
of the evidence on questions of fact. The appeals panel may affirm
the decision of the judge, or it may remand the case for further
proceedings or reverse or modify the decision if the substantial
rights of the appellant have been prejudicial because the judge's
findings, inferences, conclusions or decisions are: DEL}
{DEL (1) In violation of constitutional or statutory provisions; DEL}
{DEL (2) In excess of the statutory authority of the judge; DEL}
{DEL (3) Made upon unlawful procedure; DEL}
{DEL (4) Affected by other error of law; DEL}
{DEL (5) Clearly erroneous in view of the reliable, probative,
and substantial evidence on the whole record; or DEL}
{DEL (6) Arbitrary or capricious or characterized by abuse
of discretion or clearly unwarranted exercise of discretion. DEL}
{DEL (g) Transcript of hearings. - Transcripts of the record
of any hearing may be obtained at the cost of the court, if prepared
by the court, or at a rate specified in the contract between the
court and the contractor, if prepared by a private contractor. DEL}
{DEL (h) Fees. - The fee for filing an appeal shall be twenty-five
dollars ($25.00), and said fee shall be deposited into the general
fund. No appeal shall be accepted unless the required fee has
been paid. DEL}
{DEL (i) Stays pending appeal. - Whenever a determination has
not been made within thirty (30) days after an appeal has been
finally submitted, a stay of execution will be deemed granted
by operation of law, and the license, certificate, permit, or
privilege affected will be automatically restored pending final
determination by the appeals panel. DEL}
{DEL (j) Certiorari. - Any person who has exhausted all remedies
available to him or her under the provisions of this section,
including an appeal before the appeals panel, may seek review
by petition for writ of certiorari to the supreme court. DEL}
{DEL 31-43-5. Fines and penalties -- Costs. -- DEL} {DEL
An accounting of all penalties and costs collected pursuant to
the provisions of this chapter shall be made to the department
of administration in accordance with the rules and regulations
adopted by the department. In the event of partial payment of
fines or penalties, the court shall make a proportionate distribution
of the funds actually received based upon the total fine levied. DEL}
{DEL 31-43-5.1. Mandatory fines and suspensions. -- DEL} {DEL
In addition to any other penalties provided by law, a judge shall
impose the following mandatory penalties for speeding: DEL}
{DEL (a) For speeds up to an excess of fifteen miles per hour
(15 mph) over the posted speed limit on public highways, a fine
as provided for in section 31-41-4 for the first offense, ten
dollars ($10.00) per mile for each mile in excess of the speed
limit for the second offense if within twelve (12) months of the
first offense, and fifteen dollars ($15.00) per mile for each
mile in excess of the speed limit for the third and subsequent
offense if within twelve (12) months of the first offense. In
addition, the license may be suspended up to thirty (30) days. DEL}
{DEL (b) For speeds in excess of fifteen miles per hour (15
mph) over the posted speed limit on public highways, a mandatory
fine of ten dollars ($10.00) for each mile over the speed limit
for the first offense, fifteen dollars ($15.00) per mile for each
mile in excess of the speed limit for the second offense if within
twelve (12) months of the first offense, and twenty dollars ($20.00)
per mile for each mile in excess of the speed limit for the third
and subsequent offense if within twelve (12) months of the first
offense. In addition, the license may be suspended up to sixty
(60) days. DEL}
{DEL (c) An additional penalty of thirty dollars ($30.00) shall
be imposed for any offense set forth in subsections (a) and (b)
hereof. All monies from the additional penalties shall be deposited
in a restricted purpose receipt account to be known as the substance
abuse prevention fund in accordance with the provisions of section
16-21.2-5. DEL}
{DEL 31-43-5.2. Mandatory fine -- Right of way in crosswalk.
-- DEL} {DEL In addition to any other penalty provided by law, a
judge shall impose a mandatory fine of one hundred dollars ($100)
for a second or any subsequent violation of section 31-18-3. DEL}
{DEL 31-43-6. Contempt. -- DEL} {DEL A judge of the administrative
adjudication court may punish any contempt of his or her authority
as provided by law. DEL}
{DEL 31-43-7. Subpoena. -- DEL} {DEL The administrative adjudication court is hereby authorized
and empowered to summon witnesses and issue subpoenas in substantially
the following form:Sc. To ________________________ of ________________________
greeting: You are hereby required, in the name of the State of
Rhode Island and Providence Plantations, to make your appearance
before the administrative adjudication court on ________________________
in the ________________________ city of ______________ on the
________ day of ________ to give evidence of what you know relative
to a matter upon investigation by the administrative adjudication
court on ______________, and produce and then and there have and
give the following: Hereof fail not, as you will answer to default
under the penalty of the law in that behalf made and provided.
Dated at __________ the ______ day of ________ in the year ________. DEL}
{DEL 31-43-9. Security officers -- Powers. -- DEL} {DEL
(a) All full time security officers employed by the administrative
adjudication court, shall have and may exercise, all powers of
sheriffs, city and town police officers, and constables when the
security officers are enforcing the laws of this state, and all
rules and regulations of the department of transportation and
of the court. DEL}
{DEL (b) All security officers shall be required to attend
the Rhode Island municipal police academy for a period of forty
(40) hours for the purpose of training in law enforcement. DEL}
{DEL (c) When any person is suspected of having committed a
felony the superintendent of state police shall be notified following
the suspected felon's arrest. DEL}
{DEL 31-43-10. Liability of owner, operator, lessee.
-- DEL} {DEL (a) The owner of a rented or leased motor vehicle shall
be entitled to establish nonliability for parking violations by
providing to the administrative adjudication court or any state
agency which has jurisdiction over parking tickets, a copy of
a written rental or lease agreement which shall be prima facie
evidence that the lessee was the operator of the vehicle. DEL}
{DEL (b) The issuing authority shall provide to the owner of
a rented or leased vehicle a notice, in writing, of each parking
violation in which a motor vehicle owned by the rental or leasing
company is involved, including the license number of the vehicle
and the date and time of the parking violation. Upon receipt of
this notice, the owner of a rented or leased vehicle shall inform
the issuing authority, within twenty (20) days, to the extent
available, the operator's name, home address, employer, employer's
address, and local address, if any. DEL}
{DEL (c) The renter or lessee shall not be considered an agent
of the owner if the owner is engaged in the business of renting
or leasing vehicles. DEL}
{DEL 31-43-11. Retirement of judges on reduced pay. -- DEL} {DEL
(a) Whenever any person engaged as a judge on or before [July
2, 1997] has served as a judge of the administrative adjudication
court for twenty (20) years, or has so served for ten (10) years
and has reached the age of sixty-five (65) years, the judge may
retire from active service and, thereafter, the judge shall receive
annually during life a sum equal to three-fourths (3/4) of the
annual salary that the judge was receiving at the time of retirement;
provided, however, any person who has served for twenty (20) years
and has reached the age of sixty-five (65) years, or has so served
for fifteen (15) years and reached the age of seventy (70) years,
may retire from active service and, thereafter, the judge shall
receive annually during his or her life a sum equal to the annual
salary he or she was receiving at the time of his or her retirement.
In determining eligibility under this section, any judge who has
served within the judiciary or as a hearing officer or administrative
law judge, may include such service as if the service had been
on the administrative adjudication court and shall be included
under the provisions of section 36-9-5. DEL}
{DEL (b) Any judge who shall retire in accordance with the
provisions of this section may at his or her own request, and
at the direction of the chief justice of the supreme court subject
to the retiree's physical and mental competence, be assigned to
perform such services as a judge on the administrative adjudication
court as the chief judge or chief justice shall prescribe. When
so assigned and performing that service, he or she shall have
all the powers and authority of a judge. A retired judge shall
not be counted in the number of judges provided by law for the
administrative adjudication court nor shall he or she receive
any further emolument other than his or her retirement pay for
the performance of the aforesaid services. DEL}
{DEL 31-43-11.1. Retirement contribution. -- DEL} {DEL
Judges of the administrative adjudication court engaged after
December 31, 1989 shall have deducted from their total salary
beginning December 31, 1989, an amount equal to a rate percent
of compensation as specified in section 36-10-1 relating to member
contributions to the state retirement system. The receipts collected
under this provision shall be deposited in a restricted revenue
account entitled "administrative adjudication retirement
benefits". Proceeds deposited in this account shall be used
to pay judges' retirement costs. The retirement board shall establish
rules and regulations to govern the provisions of this section.
A judge of the administrative adjudication court who withdraws
from service or ceases to be a member for any reason other than
death or retirement, shall be paid on demand a refund consisting
of the accumulated contributions standing to his or her credit
in his or her individual account in the administrative adjudication
retirement benefits account. Any member receiving a refund shall
thereby forfeit and relinquish all accrued right as a member of
the system together with credits for total service previously
granted to the member; provided, however, that if any member who
has received a refund shall subsequently reenter the service and
again become a member of the system, he or she shall have the
privilege of restoring all moneys previously received or disbursed
to his or her credit as a refund of contributions. Upon the repayment
of the refund as herein provided, such member shall again receive
credit for the amount of total service which he or she had previously
forfeited by the acceptance of the refund. DEL}
{DEL 31-43-11.2. State contributions. -- DEL} {DELThe
state of Rhode Island shall make its contribution for maintaining
the system established by section 31-43-11.1 and providing the
annuities, benefits, and retirement allowances in accordance with
the provisions of this chapter, by annually appropriating an amount
which will pay a rate percent of the compensation paid after December
31, 1989 to judges of the administrative adjudication court engaged
after December 31, 1989. The rate percent shall be computed and
certified in accordance with the procedures set forth in sections
36-8-13 and 36-10-2 under rules and regulations promulgated by
the retirement board pursuant to section 36-8-3. DEL}
{DEL 31-43-11.3. Retirement of judges on reduced pay.
-- DEL} {DEL (a) Whenever any person first engaged as a judge subsequent
to [July 2, 1997] has served as a judge of the administrative
adjudication court for twenty (20) years, or has so served for
ten (10) years and has reached the age of sixty-five (65) years,
the judge may retire from active service and, thereafter, the
judge shall receive annually during life a sum equal to three-fourths
(3/4) of his or her average highest three (3) consecutive years
of compensation; provided, however any such person who has served
for twenty (20) years and has reached the age of sixty-five (65)
years, or has so served for fifteen (15) years and reached the
age of seventy (70) years, may retire from active service and,
thereafter, the judge shall receive annually during life a sum
equal to his or her average highest three (3) consecutive years
of compensation. In determining eligibility under this section,
any judge who has served within the judiciary or as a hearing
officer or administrative law judge, may include such service
as if the service had been on the administrative adjudication
court and shall be included under the provisions of section 36-9-5. DEL}
{DEL (b) Any judge who shall retire in accordance with the
provisions of this section may at his or her own request, and
at the direction of the chief justice of the supreme court subject
to the retiree's physical and mental competence, be assigned to
perform such services as a judge on the administrative adjudication
court as the chief judge or chief justice shall prescribe. When
so assigned and performing that service, he or she shall have
all the powers and authority of a judge. A retired judge shall
not be counted in the number of judges provided by law for the
administrative adjudication court nor shall he or she receive
any further emolument other than his or her retirement pay for
the performance of the aforesaid services. DEL}
{DEL 31-43-11.4. No incremental retirement benefit for
temporary service as chief justice, presiding justice or chief
judge. -- DEL} {DEL No increment in salary resulting from the application
of personnel rule 4.0217 or any other or successor rule or regulation
providing for an increment in salary for temporary service as
chief justice, presiding justice or chief judge shall be construed
to add to the annual salary of a judicial officer for purposes
of retirement under section 31-43-11 or section 31-43-11.3. DEL}
{DEL 31-43-12. Allowance to surviving spouses of deceased
judges. -- DEL} {DEL Whenever any judge of the administrative adjudication
court dies after retirement or during active service while eligible
for retirement, the spouse's surviving spouse shall receive annually
thereafter during his or her lifetime and so long as he or she
remains unmarried, an amount equal to one-third ( 1/3) of the
annual payment that the administrative judge was receiving by
way of salary or retirement pay at the time of his or her death.
Whenever a judge of the administrative adjudication court shall
die without having become eligible to retire under section 31-43-11
and has served ten (10) years or more in office, his or her surviving
spouse shall receive annually thereafter during the spouse's lifetime
and so long as he or she remains unmarried, one-fourth (1/4) of
the annual salary that the judge was receiving at the time of
his or her death. Any judge who retires under the provisions of
section 31-43-11 may at his or her option elect to receive three-fourths
(3/4) of his or her retirement pay, and where the option is exercised
by giving the general treasurer notice in writing thereof within
two (2) years after the date of his or her retirement, his or
her surviving spouse shall receive annually one-half (1/2) of
his or her retirement pay during the spouse's lifetime so long
as he or she remains unmarried. DEL}
{DEL 31-43-13. Additional benefits payable to retired
judges and their surviving spouses. -- DEL} {DEL (a) All judges
of the administrative adjudication court, or their surviving spouses,
who retire after January 1, 1970 and who receive a retirement
allowance pursuant to the provisions of this title, shall, on
the first day of January, next following the third anniversary
date of the retirement, receive a cost-of-living retirement adjustment
in addition to his or her retirement allowance in an amount equal
to three percent (3%) of the original retirement allowance. In
each succeeding year thereafter during the month of January, the
retirement allowance shall be increased an additional three percent
(3%) of the original allowance, compounded annually from the year
the cost of living adjustment was first payable to be continued
during the lifetime of the judge or his or her surviving spouse.
For the purpose of such computation, credit shall be given for
a full calendar year regardless of the effective date of the retirement
allowance. DEL}
{DEL (b) Any judge who retired prior to January 31, 1980, shall
be deemed for the purpose of this section to have retired on January
1, 1980. DEL}
{DEL 31-43-14. Calculation of retirement benefits. -- DEL} {DEL
For purposes of the calculation of retirement benefits, in the
event that any judge of the administrative adjudication court
participates or acquiesces in a state shutdown or in a reduced
salary or salary deferral plan consistent with any plan imposed
upon or agreed to by other state employees, his or her annual
salary shall be calculated as if he or she had not participated
or acquiesced in any shutdown or plan. DEL}
{DEL 31-43-15. Transfer of records and other property.
-- DEL} {DEL All books, papers, records, current appropriations
and relevant property necessary for the functioning of the administrative
adjudication court shall be transferred thereto from the department
of transportation. The administrative adjudication court and the
department of transportation shall share all data required by
the administrative adjudication court including, but not limited
to, all electronic data regarding the functions of licensing of
persons and vehicles. The cost of such data shall be shared on
a pro rata basis. DEL}
{DEL 31-43-16. Transfer of employees. -- DEL} {DEL (a)
Any general law or public law to the contrary notwithstanding,
all employees of the department of transportation deemed by the
chief judge of the administrative adjudication court, in consultation
with the administrator/clerk, and with the approval of the chief
justice of the supreme court, to be essential to the operation
of the administrative adjudication court are hereby transferred
to the said court. The salaries, job classifications and job categories
of all employees so transferred shall be the same as employees
of the administrative adjudication court as they had been as employees
of the department of transportation immediately before such transfer.
The chief judge of the administrative adjudication court, in consultation
with the administrator/clerk, shall assign appropriate titles
and duties to said employees. DEL}
{DEL (b) All positions within the department of transportation
as of September 1, 1992, which are within the bargaining unit
designated by EE 3115 or the bargaining unit designated by EE
2098 shall remain within said bargaining unit when the affected
employees are transferred to the administrative adjudication court
pursuant to subsection (a) of this section. DEL}
{DEL 31-43-17. Severability. -- DEL} {DEL If any provision
of this chapter or the application thereof shall for any reason
be judged invalid, such a judgment shall not affect, impair or
invalidate the remainder of the law, but shall be confined in
its effect to the provisions or application directly involved
in the controversy giving rise to the judgment. DEL}
ADMINISTRATIVE PAYMENT OF CERTAIN TRAFFIC OFFENSES
SECTION 1. Chapter 31-41 of the General Laws entitled "Administrative Payment of Certain Traffic Offenses" is hereby repealed in its entirety.
{DEL ADMINISTRATIVE PAYMENT OF CERTAIN TRAFFIC OFFENSES DEL}
{DEL 31-41-1. Payment without personal appearance. -- DEL} {DEL
(a) Any member of the state police, or any member of the police
department of any city or town and any other duly authorized law
enforcement officer who charges any person with an offense as
set out in this chapter shall, in addition to issuing a summons
for the offense, provide the offending operator with a form which,
when properly executed by the officer and the offender, will allow
the offender to dispose of the charge without the necessity of
personally appearing before the administrative adjudication court.
This chapter shall apply to resident and nonresident operators. DEL}
{DEL (b) The substance abuse prevention assessment levied against
speeding offenses assessed pursuant to section 31-41-4(A), (B),
(C), (D), (E) and (F) shall be deposited in the substance abuse
prevention fund in accordance with the provisions of section 16-21.2-5
in the amount indicated in section 31-41-4; the substance abuse
prevention assessment levied pursuant to section 16-21.3-3 shall
be deposited in a restricted purpose receipt account in accordance
with the provisions of section 16-21.3-3; all other fines paid
by mail pursuant to the provisions of this chapter shall be deposited
in the general fund of the state of Rhode Island. DEL}
{DEL 31-41-2. Form. -- DEL} {DELThe form to be issued
to an offending operator shall contain the following information,
but may contain such other and further information as may be required
by the administrative adjudication court. The form shall be prepared
by the administrative adjudication court subject to the approval
of the director of administration. The violation schedule shall
be in accordance with the fine and schedule found in section 31-41-4. DEL}
{DEL 31-41-3. Method of payment. -- DEL} {DEL If the offending
operator desires to dispose of the charge without personally appearing
before the administrative adjudication court, he or she may execute
the form indicated and return it to the administrative adjudication
court not later than thirty (30) days from the date of the summons
either by mail or by delivering it to the violation section or
its designee together with a certified check or money order in
an amount indicated by the fine schedule on the form; provided,
however, that if the offending operator has already been guilty
of one moving motor vehicle violation, within the preceding six
(6) month period within the state of Rhode Island prior to the
issuance of his or her summons, the offending operator shall appear
at the administrative adjudication court as he or she shall not
have the benefit of this method of payment. The burden of determining
the eligibility to pay according to the provisions of this section
shall be upon the operator. DEL}
{DEL 31-41-4. Violations to which applicable and schedule.
-- DEL} {DEL The penalties for violations of the enumerated sections
correspond to the fines described; provided, however, second and
subsequent moving offenses, punishments which may vary according
to the severity of the offense, or punishments which require the
violator to perform a service, shall be heard and decided by the
administrative adjudication court or municipal court. The following
violations may be handled administratively through the method
as prescribed in the chapter; provided, however, this list is
not exclusive and jurisdiction may be conferred on the administrative
adjudication court with regard to other violations. DEL}
{DEL Fines provided for in section31-22-22 shall not be supplemented
with additional assessments under this chapter. DEL}
{DEL VIOLATIONS SCHEDULE DEL}
SPEEDING
Mail certified check or money order only, together with properly
executed form provided to the appropriate address as set forth in
the summons.
{DEL 31-41-5. Failure to act. -- DEL}{DEL In the event
the offender does not pay the fine as specified in section 31-41-3,
then the offender shall have waived his or her right to dispose
of the offense and a notice shall then issue against the offender
for his or her personal appearance before the administrative adjudication
court on a date to be set by the administrative adjudication court
for the disposition of the offense. DEL}
{DEL 31-41-6. Substance abuse prevention assessment.
-- DEL}{DEL (a) There is hereby imposed in addition to all other
assessments a substance abuse prevention assessment to be levied
against those speeding violations enumerated within sections 31-41-4
and 31-43-5.1. DEL}
{DEL (b) The substance abuse prevention assessment shall be
collected by the administrative adjudication court, or a municipal
court and section 16-21.2-5 for purposes of said account according
to law. The substance abuse prevention assessment levied against
those speeding violations enumerated within section 31-41-4 shall
be in the amount indicated in the violation schedule provided
within section 31-41-4. The substance abuse prevention assessment
levied against those speeding violations enumerated within section
31-43-5.1 shall be in the amount indicated within that section.
The substance abuse prevention assessment shall also be levied
by each city, town, or municipal court against all of those violations
of ordinance or law described in section 45-2-33 in the amounts
provided by section 45-2-33 and shall be deposited in the accounts
described in section 45-2-33 for the purposes of those accounts
as provided by law. DEL}
ADJUDICATION OF TRAFFIC OFFENSES
SECTION 1. Title 31 of the General Laws entitled "Motor and Other vehicles" is hereby amended by adding thereto the following chapter:
{ADD 31-41.1-1. Form of summons. -- ADD} {ADD The summons and complaint to be issued to an offending operator shall contain such information, and be in such form, as may be required by the rules of procedure promulgated by the chief judge of the district court for the traffic tribunal. Every summons shall provide notice of (i) the charge or charges against the operator and (ii) a date to appear in the traffic tribunal and answer the charges against him or her. ADD}
{ADD The form for the summons and complaint authorized by this section shall be used for all violations specified in sections 8-8.2-2, 8-18-3 and 8-18-9. The summons may be the same as the summons provided for in section 31-27-12. The chief executive officer of each local police force which is required to use the summons and complaint provided for herein shall prepare or cause to be prepared such records and reports as may be prescribed by the rules of the traffic tribunal. ADD}
{ADD 31-41.1-2. Payment without personal appearance. -- ADD} {ADD Any member of the state police, or any member of the police department of any city or town and any other duly authorized law enforcement officer who charges any person with an offense as set out in section 31-41-4 of this chapter shall, in addition to issuing a summons for the offense, provide the offending operator with a form which will allow the offender to dispose of the charge without the necessity of personally appearing before the traffic tribunal. This section shall apply to resident and nonresident operators. ADD}
{ADD 31-41.1-3. Method of payment. -- ADD} {ADD If the offending operator elects to dispose of the charge without personally appearing before the traffic tribunal, he or she shall execute the form indicated and return it to the traffic tribunal not later than twenty (20) days from the date of the summons either by mailing or delivering the form and summons to the violation section of the traffic tribunal or its designee together with a check or money order in the amount indicated by the fine schedule on the form. ADD}
{ADD 31-41.1-4. Schedule of violations. -- ADD} {ADD (a) The penalties for violations of the enumerated sections correspond to the fines described; provided, however, those offenses for which punishments which may vary according to the severity of the offense, or punishment which require the violator to perform a service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter; provided, however, this list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations. ADD}
31-10-32 | Notice of change of address | $50.00 |
31-15-9 | One way highways | 50.00 |
31-14-3 | Condition requiring reduced speed | 50.00 |
31-13-9 | Flashing signals | 50.00 |
31-16-5 | Turn signal required | 50.00 |
31-16-2 | Manner of turning at intersection | 50.00 |
31-21-4 | Places where parking or stopping prohibited | 50.00 |
31-15-6 | Clearance for overtaking | 50.00 |
31-25-10 | Fastening of load and covering | 50.00 |
31-24-1 | Times when lights required | 50.00 |
through | ||
31-24-53 | Safety lights required on food vending vehicles | |
31-15-4 | Overtaking on left | 50.00 |
31-15-5(a) | Overtaking on right | 50.00 |
31-16-6 | Time of signaling turn | 50.00 |
31-17-4 | Obedience to stop signs | 50.00 |
31-22-9 | Throwing debris on highway -- snow removal | 50.00 |
31-17-2 | Vehicle turning left | 50.00 |
31-23-15 | Rear view mirror | 50.00 |
31-10.1-4 | No motorcycle helmet (operator) | 50.00 |
31-10.1-6 | No motorcycle helmet (passenger) | 50.00 |
31-15-12 | Following too closely | 50.00 |
31-14-9 | Below minimum speed | 50.00 |
31-15-3 | Operator left of center | 50.00 |
31-15-7 | Places where overtaking prohibited | 50.00 |
31-13-4 | Obedience to devices | 50.00 |
31-38-3 | No inspection sticker | 50.00 |
31-15-16 | Use of emergency break-down lane for travel | 50.00 |
31-3-18 | Display of plates | 50.00 |
31-19-20 | Sale of new bicycles | 50.00 |
31-19-21 | Sale of used bicycles | 50.00 |
31-27-2.3 | Refusal to take preliminary breath test | 50.00 |
24-10-17 | Soliciting rides in motor vehicles | 50.00 |
24-10-18 | Backing up prohibited | 50.00 |
31-3-32 | Driving with expired registration | 50.00 |
31-3-34 | Failure to notify registry of change of address | 50.00 |
31-3-35 | Notice of change of name | 50.00 |
31-3-40 | Temporary plates -- dealer issued | 50.00 |
31-4-3 | Temporary registration -- twenty (20) day bill of sale | 50.00 |
31-7-1 | Operating on foreign registration | 50.00 |
31-8-1 | Operating without evidence of registration | 50.00 |
31-10-10 | Rules as to armed forces license | 50.00 |
31-10-30 | Driving on expired license | 50.00 |
31-10.1-5 | Motorcycle handlebar violation | 50.00 |
31-10.1-7 | Inspection of motorcycle required | 50.00 |
31-12-2 | Obedience to laws | 50.00 |
31-13-6(c)(1) | Eluding traffic light | 50.00 |
31-13-11 | Injury to signs or devices | 50.00 |
31-14-1 | Reasonable and prudent speed | 50.00 |
31-14-12 | Speed limit on bridges and structures | 50.00 |
31-15-1 | Leaving lane of travel | 50.00 |
31-15-2 | Slow traffic to right | 50.00 |
31-15-8 | No passing zone | 50.00 |
31-15-10 | Rotary traffic islands | 50.00 |
31-15-11 | Laned roadway violation | 50.00 |
31-15-12.1 | Entering intersection | 50.00 |
31-15-13 | Crossing center section of divided highway | 50.00 |
31-15-14 | Entering or leaving limited access roadways | 50.00 |
31-16-1 | Care in starting from stop | 50.00 |
31-16-4 | U turn where prohibited | 50.00 |
31-16-7 | Failure to give stop signal | 50.00 |
31-16-8 | Method of giving signals | 50.00 |
31-17-1 | Failure to yield right of way | 50.00 |
31-17-3 | Yield right of way (intersection) | 50.00 |
31-17-5 | Entering from private road or driveway | 50.00 |
31-17-8 | Vehicle within right of way, rotary | 50.00 |
31-18-3 | Right of way in crosswalks | 50.00 |
31-18-5 | Crossing other than at crosswalks | 50.00 |
31-18-8 | Due care by drivers | 50.00 |
31-18-12 | Hitchhiking | 50.00 |
31-18-18 | Right of way on sidewalks | 50.00 |
31-19-3 | Traffic laws applied to bicycles | 50.00 |
31-19.1-2 | Operating motorized bicycle on an interstate highway | 50.00 |
31-19.2-2 | Operating motorized tricycle on an interstate highway | 50.00 |
31-20-1 | Failure to stop at railroad crossing | 50.00 |
31-20-2 | Driving through railroad gate | 50.00 |
31-20-9 | Obedience to stop sign | 50.00 |
31-21-14 | Opening of vehicle doors | 50.00 |
31-22-2 | Improper backing up | 50.00 |
31-22-4 | Overloading vehicle | 50.00 |
31-22-5 | Violation of safety zone | 50.00 |
31-22-6 | Coasting | 50.00 |
31-22-7 | Following fire apparatus | 50.00 |
31-22-8 | Crossing fire hose | 50.00 |
31-22-11.5 | Improper use of school bus -- not to exceed five hundred dollars ($500) | |
for each day of improper use | ||
31-22-22(a) | No child restraint | 50.00 |
31-22-22(b) | No child restraint/seat belt and/or not in back seat | 50.00 |
31-22-22(f)(n) | No seat belt - passenger | 50.00 |
31-22-22(g) | No seat belt operator | 50.00 |
31-22-23 | Tow trucks - proper identification | 50.00 |
31-22-24 | Operation of interior lights | 50.00 |
31-23-1(b) | Department of Transportation motor carrier safety rules | 50.00 |
and regulations | ||
31-23-10 | Sirens prohibited | 50.00 |
31-23-13.1 | Altering height or operating a motor vehicle with an altered height | 50.00 |
31-23-16 | Windshield and window stickers (visibility) | 50.00 |
31-23-19 | Metal tires prohibited | 50.00 |
31-23-29 | Flares or red flag required over four thousand pounds (4,000 lbs.) | 50.00 |
31-23-38 | Television receivers prohibited | 50.00 |
31-23-42.1 | Special mirror - school bus | 50.00 |
31-23-43 | Chocks required (1 pair) -- over four thousand pounds (4,000 lbs.) | 50.00 |
31-23-47 | Slow moving emblem required | 50.00 |
31-23-49 | Transportation of gasoline - passenger vehicle | 50.00 |
31-23-51 | Operating bike or motor vehicle wearing ear phones (first offense) | 50.00 |
31-24-5 | Headlamp required on motorcycle | 50.00 |
31-24-31 | Flashing lights - permit required | 50.00 |
31-24-34 | Failure to dim lights | 50.00 |
31-24-45 | Red flag required, load projecting four feet (4') rear | 50.00 |
31-25-3 | Maximum width of one hundred and two inches (102") exceeded | 50.00 |
31-25-4 | Maximum height of one hundred sixty-two inches (162") exceeded | 50.00 |
31-25-7 | Load extending three feet (3') front, six feet (6') rear exceeded | 50.00 |
31-25-9 | Leaking load | 50.00 |
31-25-11 | Connections between coupled vehicles | 50.00 |
31-25-12 | Towing chain, twelve inch (12") square flag required | 50.00 |
31-25-12.1 | Tow truck - use of lanes (first offense) | 50.00 |
31-25-17 | Identification of trucks and truck-tractors (first offense) | 50.00 |
31-27-6 | Use of lanes, commercial vehicles | 50.00 |
31-27-16 | Funeral processions | 50.00 |
31-28-7(a)(4)(A) | Wrongful use of handicapped parking placard | 100.00 |
31-28-7(c)(1) | Handicapped parking space violation | |
First offense | 75.00 | |
Second offense | 150.00 | |
Third and subsequent offenses | 300.00 | |
31-28-7.1(e) | Wrongful use of institutional handicapped parking placard | 100.00 |
31-33-2 | Failure to file accident report | 50.00 |
31-36.1-17 | No fuel tax stamp (out-of-state) | 50.00 |
31-38-4 | Violation of inspection laws | 50.00 |
31-43-1(1) | D.O.T. and D.E.M. violations | 50.00 |
31-45-1 | Noise limits | 50.00 |
37-15-7 | Littering | 50.00 |
39-12-26 | Public carriers violation | 50.00 |
31-45-5 | Audio Systems | 50.00 |
Fine | |
(A) One to fifteen miles per | $50.00 |
hour (1-15 mph) in excess of posted speed limit (B) Sixteen miles per hour (16 mph) | 160.00 |
in excess of posted speed limit -- | minimum |
with a fine of ten dollars ($10.00) per | |
mile in excess of speed limit shall be assessed. ADD} |
{ADD (b) In addition to any other penalties provided by law, a judge may impose the following penalties for speeding: ADD}
{ADD (i) For speeds up to {DELan excess ofDEL} {ADDand includingADD} fifteen miles per hour
(15 mph) over the posted speed limit on public highways, a fine
as provided for in subsection (a) of this section for the first
offense, ten dollars ($10.00) per mile for each mile in excess
of the speed limit for the second offense if within twelve (12)
months of the first offense, and fifteen dollars ($15.00) per
mile for each mile in excess of the speed limit for the third
and subsequent offense if within twelve (12) months of the first
offense. In addition, the license may be suspended up to thirty
(30) days. ADD}
{ADD (ii) For speeds in excess of fifteen miles per hour (15 mph) over the posted speed limit on public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) days. ADD}
{ADD (c) Any person charged with a violation who pays the fine administratively pursuant to section 31-41-3 shall not be subject to any additional costs or assessments, including but not limited to the hearing fee established in section 8-18-4 or assessment for substance abuse prevention. ADD}
{ADD 31-41.1-5. Failure to answer or appear. -- ADD} {ADD In the event the person charged with a violation does not pay the fine administratively in accordance with the provisions of section 31-41-3, then he or she shall have waived his or her right to dispose of the offense without personal appearance, and the person charged with the violation must then appear before the traffic tribunal or municipal court on the date specified on the summons. If the person charged with the violation shall fail to appear on the date specified, a judge or magistrate may enter default judgment, and after hearing any evidence presented, determine whether the charges have been established. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established, an appropriate order shall be entered in the records of the traffic tribunal, including any order of suspension of the license or driving privilege of the person so charged in the same manner as set forth in section 31-41-6. Said order shall be mailed to the person charged with the violation at his or her last known address. ADD}
{ADD 31-41.1-6. Hearings. -- ADD} {ADD (a) Every hearing for the adjudication of a traffic violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court, where provided by law. The burden of proof shall be upon the state, and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief judge of the district court may prescribe, by rule or regulation, the procedures for the conduct of such hearings and for pre-hearing discovery. ADD}
{ADD (b) After due consideration of the evidence and arguments, the judge or magistrate shall determine whether the charges have been established, and appropriate findings of fact shall be made on the record. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established or if an answer admitting the charge has been received, an appropriate order shall be entered in the records of the traffic tribunal. ADD}
{ADD (c) An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, and shall be treated as an adjudication that a violation has been committed. A judge or magistrate may include in the order the imposition of any penalty authorized by any provisions of this title for the violation, except that no penalty therefor shall include imprisonment. Provided, however, that a judge or magistrate may order the suspension or revocation of a license or of a registration in the name of the defendant in accordance with any provisions of this title which authorize the suspension or revocation of a license or of a registration, or may order the suspension of a license or of a registration for the willful failure to pay a fine previously imposed. ADD}
{ADD (d) A judge or magistrate may, as authorized by law, order a motorist to attend a rehabilitative driving course operated under the jurisdiction of a college or university accredited by the state of Rhode Island, or the trained personnel of the department of administration. An order to attend a course may also include a provision to pay reasonable tuition for the course to the institution in an amount not to exceed twenty-five dollars ($25.00). The order shall contain findings of fact. Failure to comply with an order of attendance may, after notice and hearing, result in the suspension or revocation of a person's license or registration. ADD}
{ADD (e) Unless a judge or magistrate shall determine that a substantial traffic safety hazard would result therefrom, he or she shall, pursuant to the regulations of the traffic tribunal, delay for a period of thirty (30) days the effective date of any suspension or revocation of a driver's license or vehicle registration imposed pursuant to this chapter, provided, however, that the regulations may provide for the immediate surrender of any item to be suspended or revoked and the issuance of appropriate temporary documentation to be used during the thirty (30) day period. Any order for immediate surrender of a driver's license or vehicle registration shall contain a statement of reasons therefor. ADD}
{ADD 31-41.1-7. Application for dismissal based on good driving record. -- ADD} {ADD(a) Any person who has had a motor vehicle operator's license for more than three (3) years, and who has been issued traffic violations which are his or her first violations within the preceding three (3) years, may request a hearing seeking a dismissal of the violations based upon the operator's good driving record. ADD}
{ADD (b) Upon submission of proper proof that the operator has not been issued any other traffic violation within the past three (3) years, the charge shall, except for good cause shown or as otherwise provided by law, be dismissed based upon a good driving record. ADD}
{ADD (c) The traffic tribunal may not dismiss a charge pursuant to this section after six (6) months from the date of disposition. For purposes of this section, a parking ticket shall not constitute a prior violation. ADD}
{ADD (d) The following violations shall not be dismissed pursuant to this statute: ADD}
{ADD (1) Any violation within the original jurisdiction of superior or district court; ADD}
{ADD (2) A refusal to submit to a chemical test of breath, blood or urine pursuant to section 31-27-2.1; ADD}
{ADD (3) Any violation involving a school bus; ADD}
{ADD (4) Any violation involving an accident where there has been property damage or personal injury; ADD}
{ADD (5) Any speeding violation in excess of nineteen miles per hour (19 m.p.h.) above the posted speed limit. ADD}
{ADD (e) If the charge is dismissed pursuant to this section, records of such dismissal shall be maintained for a period of three (3) years. ADD}
{ADD 31-41.1-8. Appellate review. -- ADD} {ADD (a) Appeals panels. The chief judge of the district court shall establish one or more appeals panels, each consisting of three (3) members of the traffic tribunal and shall select a presiding member for each appeals panel from the members so appointed. No member of the traffic tribunal shall serve as a member of an appeals panel hearing the appeal of a determination by that member. The chief judge shall also designate such other personnel of the traffic tribunal as may be necessary to assist an appeals panel in carrying out its functions. ADD}
{ADD (b) Right of appeal. Any person who is aggrieved by a determination of a judge or magistrate may appeal the determination pursuant to the provisions of this section. ADD}
{ADD (c) Appeals panel. Each appeal filed pursuant to this section shall be reviewed by an appeals panel which shall make a determination of the appeal, and shall cause an appropriate order to be entered in the records of the traffic tribunal. ADD}
{ADD (d) Time limitations. No appeal shall be reviewed if it is filed more than ten (10) days after notice was given of the determination appealed from{ADDunless it is determined that failure to file was due to excusable neglectADD}. Notice shall be complete upon mailing. ADD}
{ADD (e) Appeal procedures. Any person desiring to file an appeal from an adverse determination pursuant to this section, shall do so in a form and manner provided by the clerk of the traffic tribunal. The transcript of any hearing which formed the basis for the determination will be reviewed only if it is submitted by the appellant. An appeal shall not be deemed to be finally submitted until the appellant has submitted all forms or documents required to be submitted by the clerk of the traffic tribunal or by this section. ADD}
{ADD (f) Standard of review. The appeals panel shall not substitute its judgment for that of the judge or magistrate as to the weight of the evidence on questions of fact. The appeals panel may affirm the decision of the judge or magistrate, or it may remand the case for further proceedings or reverse or modify the decision if the substantial rights of the appellant have been prejudicial because the judge's findings, inferences, conclusions or decisions are: ADD}
{ADD (1) In violation of constitutional or statutory provisions; ADD}
{ADD (2) In excess of the statutory authority of the judge or magistrate; ADD}
{ADD (3) Made upon unlawful procedure; ADD}
{ADD (4) Affected by other error of law; ADD}
{ADD (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or ADD}
{ADD (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. ADD}
{ADD (g) Transcript of hearings. Transcripts of the record of any hearing may be obtained at the cost of the traffic tribunal if prepared by the tribunal or at a rate specified in the contract between the court and the contractor, if prepared by a private contractor. ADD}
{ADD (h) Fees. The fee for filing an appeal shall be twenty-five dollars ($25.00), and said fee shall be deposited into the general fund. No appeal shall be accepted unless the required fee has been paid {ADDor if forma pauperis status has been grantedADD}. ADD}
{ADD (i) Stays pending appeal. Whenever a determination has not been made within thirty (30) days after an appeal has been finally submitted, a stay of execution will be deemed granted by operation of law, and the license, certificate, permit, or privilege affected will be automatically restored pending final determination by the appeals panel. ADD}
{ADD 31-41.1-9. Appeals to district court. -- ADD} {ADD (a) Right of appeal. Any person who is aggrieved by a determination of an appeals panel may appeal the determination pursuant to the provisions of this section. ADD}
{ADD (b) Time limitations. No appeal shall be reviewed if it is filed more than ten (10) days after notice was given of the determination appealed from. Notice shall be complete upon mailing. ADD}
{ADD (c) Appeal procedures. Any person desiring to file an appeal from an adverse determination pursuant to this section, shall do so in a form and manner provided by the clerk of the traffic tribunal. The transcript of any hearing which formed the basis for the determination will be reviewed only if it is submitted by the appellant. An appeal shall not be deemed to be finally submitted until the appellant has submitted all forms or documents required to be submitted by the clerk of the traffic tribunal or by this section. ADD}
{ADD (d) Standard of review. The judge of the district court shall not substitute his or her judgment for that of the appeals panel as to the weight of the evidence on questions of fact. The district court judge may affirm the decision of the appeals panel, or may remand the case for further proceedings or reverse or modify the decision if the substantial rights of the appellant have been prejudicial because the appeals panel's findings, inferences, conclusions or decisions are: ADD}
{ADD (1) In violation of constitutional or statutory provisions; ADD}
{ADD (2) In excess of the statutory authority of the appeals panel; ADD}
{ADD (3) Made upon unlawful procedure; ADD}
{ADD (4) Affected by other error of law; ADD}
{ADD (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or ADD}
{ADD (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. ADD}
{ADD (e) Transcript of hearings. Transcripts of the record of any hearing may be obtained at the cost of the traffic tribunal if prepared by the tribunal or at a rate specified in the contract between the tribunal and the contractor, if prepared by a private contractor. ADD}
{ADD (f) Fees. The fee for filing an appeal shall be twenty-five dollars ($25.00), and said fee shall be deposited into the general fund. No appeal shall be accepted unless the required fee has been paid {ADDor if forma pauperis status has been grantedADD}. ADD}
{ADD (g) Stays pending appeal. Whenever a determination has not been made within thirty (30) days after an appeal has been finally submitted, a stay of execution will be deemed granted by operation of law, and the license, certificate, permit, or privilege affected will be automatically restored pending final determination by the district court. ADD}
{ADD (h) Certiorari. Any person who has exhausted all remedies available to him or her under the provisions of this section, including an appeal before the district court, may seek review by petition for writ of certiorari to the supreme court. ADD}
{ADD 31-41.1-10. Expungement. -- ADD} {ADDAll violations within this title which are in the jurisdiction of the traffic tribunal or of a municipal court shall by operation of law, after three (3) years, following adjudication of the violation and after expiration of any mandatory state or federal record-retention period, be deleted from the records of the traffic tribunal or the municipal court and from the records of the registry of motor vehicles. Such deletion shall be in addition to and not in place of any expungement provided for by chapter 1.3 of title 12. ADD}
{ADD 31-41.1-11. Jurisdiction. -- ADD} {ADD (a) The traffic tribunal shall have exclusive original jurisdiction over the adjudication of charges under section 31-27-2.1 (Refusal to submit to chemical test). ADD}
{ADD (b) Nothing in subsection (a) of this section shall be deemed to abrogate the jurisdiction of any municipal court under the provisions of chapter 8-18 of the general laws. ADD}
RHODE ISLAND STATE TRAFFIC TRIBUNAL
SECTION 1. Title 8 of the General Laws entitled "Courts and Civil Procedure--Courts" is hereby amended by adding thereto the following chapter:
{ADD TRAFFIC TRIBUNAL ADD}
{ADD 8-8.2-1. Establishment Rule-make authority -- Adjudication of violations. -- ADD} {ADD (a) There is hereby established a traffic tribunal which shall be charged with the administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the supervision of the chief judge of the district court, who shall be the administrative head of the traffic tribunal and shall have the power to make rules for regulating practice, procedure and business within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be subject to the approval of the supreme court. Such rules, when effective, shall supersede any statutory regulation in conflict therewith. ADD}
{ADD (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as provided by law. No district court judge appointed pursuant to chapter 8-8 shall be assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The chief judge of the district court shall serve as the chief judge of the traffic tribunal. The chief judge of the district court may appoint a judge or magistrate who is authorized to hear and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic tribunal and the administrative judge or magistrate shall perform such administrative duties as may be delegated to him or her by the chief judge. ADD}
{ADD (c) Those judges of the administrative adjudication court in
active service on July 1, 1999 shall serve within the traffic
tribunal. Whenever the total number of judges and magistrates
in the traffic tribunal shall be less than seven (7), the chief
judge of the district court, with the advice and consent of the
senate, may, as needed, ADD}{DELappointDEL} {ADDassign ADD}{ADDa duly qualified member of the
bar of this state to act as a magistrate to fill such vacancy
and shall submit his or her name to the senate for confirmation.
Any magistrate ADD}{DELappointedDEL} {ADDassignedADD}{ADD under this section shall serve a term
of eight (8) years, and shall be in the unclassified service
of the state. Nothing herein shall be construed to prohibit the
ADD}{DELappointmentDEL} {ADDassignmentADD}{ADD of a magistrate to more than one (1) such term, subject
to the advice and consent of the senate. Compensation for any
such magistrate shall be determined by the unclassified pay plan
board. Magistrates of the traffic tribunal shall participate
in the state retirement system in the same manner as all members
of the unclassified service. ADD}
{ADD (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her judicial duties, except as may be otherwise provided by law. He or she shall not practice law while holding office, nor shall he or she be a partner or associate of any person in the practice of law. ADD}
{ADD (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I. Const. art. XI; to the code of judicial conduct or successor code promulgated by the supreme court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance with chapter 16 of title 8; and to the administrative authority and control of the chief justice of the supreme court in accordance with chapter 15 of title 8, except that section8-15-3 of the general laws shall not apply to judges and/or magistrates of the traffic tribunal. ADD}
{ADD (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words and devices as it shall adopt. ADD}
{ADD (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths and affirmations. ADD}
{ADD (h) Administrative/supervisory officials. (1) There shall be an assistant to the administrative judge or magistrate of the traffic tribunal who shall be appointed by and serve at the pleasure of the chief judge and who shall perform such clerical and administrative duties as may be assigned to him or her by the chief judge of the district court and the administrative judge or magistrate of the traffic tribunal. The assistant to the administrative judge or magistrate shall have the power to administer oaths and affirmations within the state. ADD}
{ADD (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the pleasure of the chief judge of the district court; provided, however, that, effective July 1, 1999, the first clerk of the traffic tribunal shall be that person holding the position of administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall hold office for the balance of a term of twelve (12) years which began on September 1, 1992, without the necessity of appointment by the governor or advice and consent of the senate. The clerk of the traffic tribunal shall exercise his or her functions under the direction and control of the chief judge of the district court and the administrative judge or magistrate or the traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within the state. ADD}
{ADD (i) Clerical Personnel/Court Recorders. (1) The chief judge of the district court shall appoint deputy clerks and assistance clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths and affirmations within the state. ADD}
{ADD (2) The chief judge of the district court shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties as may be prescribed from time to time by the chief judge of the district court. ADD}
{ADD (3) The chief judge of the district court shall employ such clerical assistants in addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties. ADD}
{ADD 8-8.2-2. Jurisdiction. -- ADD} {ADD (a) Notwithstanding any inconsistent provision of law, all probationary license hearings as provided in section 31-10-26, all violations of the department of transportation, department of environmental management or board of governors for higher education regulations regarding parking, standing, or stopping in areas under the jurisdiction of said agencies, all violations of state statutes relating to motor vehicles, littering and traffic offenses, (except those traffic offenses committed in places within the exclusive jurisdiction of the United States, and) except driving so as to endanger resulting in death, driving so as to endanger resulting in personal injury, driving while under the influence of liquor or drugs, driving while under the influence of liquor or drugs resulting in death, driving while under the influence of liquor or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety as provided in section 31-27-4, eluding a law enforcement officer with a motor vehicle in a high speed pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an accident in violation of section 31-26-1 and section 31-26-2, and driving without the consent of the owner and possession of a stolen motor vehicle in violation of section 31-9-1 and section 31-9-2 shall be heard and determined by the traffic tribunal pursuant to the regulations promulgated by the chief judge of the district court; provided, however, the traffic tribunal shall not hear any parking, standing or stopping violations which occur in any city or town which has established its own municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate the powers of the Rhode Island family court under the provisions of chapter 14-1 of the general laws. ADD}
{ADD (b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief judge of the district court, all violations of any ordinances, rules and regulations governing the public waters and the speed, management and control of all vessels and the size, type and location and use of all anchorages and moorings within the jurisdiction of the towns of North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms "traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid violations and such violations shall be adjudicated in accordance with the provisions of this chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal management council under the provisions of chapter 23 of title 46. ADD}
{ADD 8-8.2-3. Collection Authority -- Contempt ADD} {ADD . -- (a) A judge or magistrate shall have the authority to enforce the judgments of the tribunal as authorized by law. The procedure for the collection of costs and fines shall generally follow the course of the collection of civil judgments pursuant to chapters 17 and 28 of title 9 to the extent applicable. {ADDA judge or magistrate shall not issue a body attachment for any judgment entered prior to the effective date of this section.ADD} All peace officers authorized by the law shall exercise the powers of a constable for purposes of making service of any writ or notice issued by the traffic tribunal pursuant to this collection procedure, including the execution of a body attachment {ADDIn the event that a body attachment is executed, the detainee must be brought before a judge or magistrate, or if the traffic tribunal is not in session before a justice of the peace authorized pursuant to section 12-10-2 immediately upon detention r as soon thereafter as is reasonably practicable. The amount of fees and fines due to the traffic tribunal shall be noted on a body attchment issued pursuant to this procedure, and a justice of the peace shall accept said monies and order the release of the detainee if the amount due is tendered. If the detainee claims an inability to pay the full amount due, the justice of the peace shall order the release of the detainee pursuant to reasonable bail. The chief judge of the district court shall issue rules and regulations for the collection process consistent with this section.ADD}
{ADD (b) A judge or magistrate of the traffic tribunal may adjudicate a person in willful contempt and order him or her fined up to a maximum of five hundred ($500) for each separate offense. Provided further that, if the judge or magistrate determines that the person is unable to pay the fine or judgment, he or she may order partial payments or establish a payment schedule for the payment of the fine or judgment. ADD}
{ADD 8-8.2-4. Subpoena. -- ADD} {ADD (a) The traffic tribunal through its judges, magistrates and clerks is hereby authorized and empowered to summon defendants and issue subpoenas to the same extent as they may be issued by the district court in civil cases in such forms as may be prescribed by rules promulgated by the chief judge of the district pursuant to section 8-6-2 of these general laws. ADD}
{ADD (b) Notaries public and justices of the peace may issue subpoenas returnable before the traffic tribunal to the same extent that they are authorized to do so in civil cases pending before the district court. ADD}
{ADD 8-8.2-5. Security officers -- Powers. -- ADD} {ADD (a) All full time security officers employed by the traffic tribunal, shall have and may exercise, all powers of sheriffs, city and town police officers, and constables when the security officers are enforcing the laws of this state, and all rules and regulations of the traffic tribunal. ADD}
{ADD (b) All security officers shall be required to attend the Rhode Island municipal police academy for a period of forty (40) hours for the purpose of training in law enforcement. ADD}
{ADD (c) When any person is suspected of having committed a felony the superintendent of state police shall be notified following the suspected felon's arrest. ADD}
{ADD 8-8.2-6. Retirement of judges on reduced pay. -- ADD} {ADD (a) Whenever any person engaged as a judge on or before [July 2, 1997] has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this act to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (3/4) of the annual salary that the judge was receiving at the time of retirement; provided, however, any person who has served for twenty (20) years and has reached the age of sixty five (65) years, or has so served for fifteen (15) years and reached the age of seventy (70) years, may retired from active service and, thereafter, the judge shall receive annually during his or her life a sum equal to the annual salary he or she was receiving at the time of his or her retirement. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provisions of section 36-9-5. ADD}
{ADD (b) Any judge who shall retire in accordance with the provisions of this section may at his or her request, and at the direction of the chief justice of the supreme court subject to the retiree's physical and mental competence, be assigned to perform such services as a judge or magistrate in the traffic tribunal as the chief judge of the district court or the chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a judge or magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the traffic tribunal nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services. ADD}
{ADD 8-8.2-7. Retirement contribution. -- ADD} {ADD Judges of the administrative adjudication court engaged after December 31, 1989 who are reassigned by the act to the traffic tribunal shall have deducted from their total salary beginning December 31, 1989, an amount equal to a rate percent of compensation as specified in section 36-10-1 relating to member contributions to the state retirement system. The receipts collected under this provision shall be deposited in a restricted revenue account entitled "administrative adjudication retirement benefits". Proceeds deposited in this account shall be used to pay judges' retirement costs. The retirement board shall establish rules and regulations to govern the provisions of this section. A judge of the administrative adjudication court reassigned by this act to the traffic tribunal who withdraws from service or ceases to be a member for any reason other than death or retirement, shall be paid on demand a refund consisting of the accumulated contributions standing to his or her credit in his or her individual account in the administrative adjudication retirement benefits account. Any member receiving a refund shall thereby forfeit and relinquish all accrued right as a member of the system together with credits for total service previously granted to the member; provided, however, that if any member who has received a refund shall subsequently reenter the service and again become a member of the system, he or she shall have the privilege of restoring all moneys previously received or disbursed to his or her credit as a refund of contributions. Upon the repayment of the refund as herein provided, such member shall again receive credit for the amount of total service which he or she had previously forfeited by the acceptance of the refund. ADD}
{ADD 8-8.2-8. State contributions. -- ADD} {ADD The state of Rhode Island shall make its contribution for maintaining the system established by section 8-8.2-7 and providing the annuities, benefits, and retirement allowances in accordance with the provisions of this chapter, by annually appropriating an amount which will pay a rate percent of the compensation paid after December 31, 1989 to judges of the administrative adjudication court engaged after December 31, 1989 who are reassigned by this act to the traffic tribunal. The rate percent shall be computed and certified in accordance with the procedures set forth in section 36-8-13 and section 36-10-2 under rules and regulations promulgated by the retirement board pursuant to section 36-8-3. ADD}
{ADD 8-8.2-9. Retirement of judges on reduced pay. -- ADD} {ADD (a) Whenever any person first engaged as a judge subsequent to [July 2, 1997] has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this act to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (3/4) of his or her average highest three (3) consecutive years of compensation; provided, however an such person who has served twenty (20) years and has reached the age sixty five (65) or has served fifteen (15) years and has reached the age of seventy (70) years, may retire from active service and , thereafter, the judge shall receive annually during life a sum equal to his or her average highest three (3) consecutive years of compensation. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provision of section 36-9-5. ADD}
{ADD (b) Any judge who shall retire in accordance with the provisions of this section may at his or her own request, and at the direction of the chief justice of the supreme court subject to the retiree's physical and mental competence, be assigned to perform such services as a magistrate in the traffic tribunal as the chief judge or chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the division of traffic adjudication nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services. ADD}
{ADD 8-8.2-10. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge. -- ADD} {ADD No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under section 8-8.2-6 or section 8-8.2-9. ADD}
{ADD 8-8.2-11. Allowance to surviving spouses of deceased judges. -- ADD} {ADD Whenever any judge of the administrative adjudication court or any judge of the administrative adjudication court who is reassigned by this act to the traffic tribunal dies after retirement or during active service while eligible for retirement, the spouse's surviving spouse shall receive annually thereafter during his or her lifetime and so long as he or she remains unmarried, an amount equal to one third (1/3) of the annual payment that the administrative judge was receiving by way of salary or retirement pay at the time of his or her death. Whenever a judge of the administrative adjudication court or any judge of the administrative adjudication court who is reassigned by this act to the traffic tribunal shall die without having become eligible to retire under section 8-8.2-6 and has served ten (10) years or more in office, his or her surviving spouse shall receive annually thereafter during the spouse's lifetime and so long as he or she remains unmarried, one fourth (1/4) of the annual salary that the judge was receiving at the time of his or her death. ADD}
{ADD Any judge who retires under the provisions of 8-8.2-6 may at his or her option elect to receive three fourths (3/4) of his or her retirement pay, and where the option is exercised by giving the general treasurer notice in writing thereof within two (2) years after the date of his or her retirement, his or her surviving spouse shall receive annually one half (1/2) of his or her retirement pay during the spouse's lifetime so long as he or she remains unmarried. ADD}
{ADD 8-8.2-12. Additional benefits payable to retired judges and their surviving spouses. -- ADD} {ADD (a) All judges of the administrative adjudication court and all judges of the administrative adjudication court who have been reassigned to the traffic tribunal, or their surviving spouses, who retire after January 1, 1970 and who receive a retirement allowance pursuant to the provisions of this title, shall, on the first day of January, next following the third anniversary of the retirement, receive a cost of living retirement adjustment in addition to his or her retirement allowance in an amount equal to three percent (3%) of the original retirement allowance. In each succeeding year thereafter during the month of January, the retirement allowance shall be increased an additional three percent (3%) of the original allowance, compounded annually from the year cost of living adjustment was first payable to be continued during the lifetime of the judge or his or her surviving spouse. For the purpose of such computation, credit shall be given for a full calendar year regardless of the effective date of the retirement allowance. ADD}
{ADD (b) Any judge who retired prior to January 31, 1980, shall be deemed for the purpose of this section to have retired on January 1, 1980. ADD}
{ADD 8-8.2-13. Calculation of retirement benefits. -- ADD} {ADD For the purposes of the calculation of retirement benefits, in the event that any judge of the administrative adjudication court or any judge of the administrative adjudication court who has been reassigned to the traffic tribunal by this act participates or acquiesces in a state shutdown or in a reduced salary or salary deferral plan consistent with any plan imposed upon or agreed to by other state employees, his or her annual salary shall be calculated as if she or he had not participated or acquiesced in any shutdown or plan. ADD}
{ADD 8-8.2-14. Transfer of records and other property. -- ADD} {ADD All books, papers, records, current appropriations and relevant property necessary for the functioning of the traffic tribunal shall be transferred thereto from the administrative adjudication court. ADD}
{ADD 8-8.2-15. Transfer of employees. -- ADD} {ADD (a) All employees of the administrative adjudication court deemed by the chief judge of the district court, with the approval of the chief justice of the supreme court, and subject to the labor laws of this state and any applicable collective bargaining agreement, to be essential to the operation of the traffic tribunal are hereby transferred to the said traffic tribunal. The chief judge of the district court shall, subject to the approval of the chief justice of the supreme court, and subject to any applicable collective bargaining agreement, assign appropriate titles and duties to said employees and shall promulgate a listing of said titles and duties within six (6) months from the effective date of this chapter. ADD}
{ADD 8-8.2-16. Interpretation. -- ADD} {ADD Whenever, in the general laws, the words administrative adjudication court shall appear, said words shall be construed and interpreted as, and to mean, the traffic tribunal. Whenever, in the general laws, the words administrator/clerk of the administrative adjudication court shall appear, said words shall be interpreted and construed as, and to mean, clerk of the traffic tribunal. Except as provided in sections 8-8.2-6, 8-8.2-7, 8-8.2-8, 8-8.2-9, 8-8.2-11, and 8-8.2-12, whenever, in the general laws, the words judge of the administrative adjudication court shall appear, said words shall be construed and interpreted as, and to mean, judge or magistrate of the traffic tribunal. ADD}
{ADD 8-8.2-17. Continued service. -- ADD} {ADDAny person appointed as magistrate of the traffic tribunal pursuant to the provisions of P.L. 1998. ch. 91, article 2, shall continue to serve in such capacity in the traffic tribunal for a term of eight (8) years from the date of his or her appointment and shall be governed by the provisions of section 8-8.2-1, as enumerated in article 4 of this act and as amended. ADD}
{ADD 8-8.2-18. Custody of records. -- ADD} {ADD The traffic tribunal established by this act shall have custody of all records, books, and papers of the administrative adjudication court heretofore existing. All proceedings and processes pending in the administrative adjudication court heretofore existing and shall continue with the same force and effect in the traffic tribunal herein established; and all rights and liabilities of the parties to such actions and proceedings and processes commenced prior to July 1, 1999, including costs of appeal, shall continue in full force and effect. ADD}
{ADD 8-8.2-19. Severability. -- ADD} {ADD If any provision of this chapter or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair or invalidate the remainder of the law, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment. ADD}
MISCELLANEOUS
SECTION 1. Sections 8-18-2, 8-18-3, 8-18-4, 8-18-6, 8-18-9 and 8-18-10 of the General Laws in Chapter 8-18 entitled "State and Municipal Court Compact" are hereby amended to read as follows:
8-18-2. Universal summons. -- All state agencies
and municipalities which have law enforcement powers shall be
issued and authorized a form for summons and complaint to be used
for all violations specified in chapters 27, {DEL 41, DEL}
and {DEL 43 DEL} {ADD 41.1 ADD} of title 31 and no other summons
shall be substituted except as provided by section 31-12-12. All
fines, assessments, fees, and other financial charge or any other
responsibility not changed by the following shall be deemed enforceable
even when the summons is issued by a municipality and adjudicated
by a municipal court, or issued by state agencies or a municipality
without a court and adjudicated by the {DEL administrative
adjudication court DEL} {ADD traffic tribunal ADD}. All summonses
once issued must be recorded by the {DEL administrative adjudication
court DEL} {ADD traffic tribunal ADD} prior to a hearing, arraignment,
or trial. If the summons is answered by mail admitting the charge
pursuant to section 31-43-2(b), it shall be recorded by the {DEL administrative
adjudication court DEL} {ADD traffic tribunal ADD} upon return
from the financial institution.
8-18-3. {DEL Concurrent jurisdiction for
certain violations. DEL} {ADD Jurisdiction for certain
violations. -- ADD} (a) Subject to subsection (b) of this section,
jurisdiction over the adjudication of matters relating to violations
enumerated in the following sections of the general laws is hereby
conferred upon the municipal courts and the {DEL administrative
adjudication court DEL} {ADD traffic tribunal ADD}:
31-13-4 | 31-13-9 | 31-13-11 | 31-14-3 | 31-14-9 | 31-15-1 | 31-15-3 | |
31-15-4 | 31-15-5 | 31-15-6 | 31-15-7 | 31-15-9 | 31-15-11 | 31-15-12 | |
31-15-13 | 31-16-1 | 31-16-2 | 31-16-4 | 31-16-5 | 31-16-7 | 31-16-9 | |
31-17-1 | 31-17-2 | 31-17-4 | 31-17-6 | 31-17-7 | 31-18-12 | 31-20-1 | |
31-20-2 | 31-20-9 | 31-21-4 | 31-22-2 | 31-22-4 | 31-22-5 | 31-22-6 | |
31-22-7 | 31-22-8 | 31-22-9 | 31-23-1 | 31-23-8 | 31-23-13 | 31-23-14 | |
31-23-15 | 31-24-1 | 31-24-4 | 31-24-5 | 31-24-7 | 31-24-12 | 31-38-4 | |
31-12-12 | 37-15-7 | 31-3-29 | 31-3-30 | 31-3-34 | 31-3-35 | 31-8-1 | |
31-10-32 | 31-10.1-1 | 31-10.1-4 | 31-10.1-5 | 31-10.1-6 | 31-13-6 | 31-15-8 | |
31-23-45 | 31-14-1 | 31-17-3 | 31-23-4 | 31-23-10 | 31-23-17 | 31-23-19 | |
31-23-20 | 31-23-26 | 31-23-27 | 31-23-40 | 31-23-42.1 | 31-3-18 | 31-10-27 | |
31-18-3 | 31-10.1-7 | 31-38-3 | 31-14-12 | 31-17-5 | 31-25-9 | 31-25-11 | |
31-25-12 | 31-25-12.1 | 31-25-10 | 31-22-1 | 31-24-34 | 31-27-9 | 31-3-9 | |
31-15-10 | 31-18-8 | 31-25-17 | 31-10.1-4 | 31-23-43 | 31-23-29 | 31-24-45 | |
31-17-8 | 31-24-10 | 31-23-47 | 31-12-9 | 31-15-16 | 24-10-18 | 31-19-5 | |
31-3-12 | 31-24-9 | 31-22-22 | 31-28-7 | 31-28-7.1 | 31-3-32 | 31-18-4 | 24-10-18 |
31-18-5 | 31-18-15 | 31-18-18 | 31-21-14 | 31-22-3 | 31-23-16 | 31-24-6 | |
31-24-8 | 31-24-31 | 31-27-16 | 31-22-23 | 31-10-30 | 31-10-10 | 31-19-3 | |
31-3-40 | 31-22-24 | 31-23-51 | 31-7-1 | 31-15-2 | 31-15-12.1 | 31-16-8 | |
31-20-17 | 31-24-16 | 31-24-17 | 31-24-20 | 31-24-22 | 31-24-23 | 31-24-24 | |
31-24-25 | 31-24-26 | 31-24-27 | 31-24-28 | 31-24-29 | 31-24-30 | 31-24-32 | |
31-24-33 | 31-24-36 | 31-24-38 | 31-24-39 | 31-24-40 | 31-24-41 | 31-24-42 | |
31-24-43 | 31-24-46 | 31-24-49 | 31-24-51 | 31-24-53 | 31-26-3.1 | 31-27-17 | |
31-27-19 | 31-33-2 | 31-45-1 | 4-1-26 | 31-10.1-2 | 31-20-10 | 31-22-13 | |
31-24-13 | 31-27-10 | 31-41-4 | (Speeding (A) | 31-47-9 | |||
(b) Except as provided in sections 8-18-7, 8-18-9, {DEL and DEL}
8-18-10, {ADD and 31-41.1-11 ADD} jurisdiction over violations enumerated
in subsection (a) shall be exercised as follows:
(1) By the {DEL administrative adjudication court DEL}
{ADD traffic tribunal ADD} over all violations for which the summons
is issued by a state agency;
(2) By the {DEL administrative adjudication court DEL}
{ADD traffic tribunal ADD} over all violations for which the summons
is issued by a city or town which has not established a municipal
court pursuant to title 45; and
(3) By the municipal court over all violations for which the summons is issued by a city or town which has established a municipal court pursuant to title 45.
8-18-4. Adjudication of summonses by municipal courts. --
(a) All summonses to be adjudicated by a municipal court shall
be forwarded to the municipal court {DEL by the administrative
adjudication court along with an abstract of the alleged violator's
current driving record. DEL}
(b) Summonses to be adjudicated by a municipal court shall be
adjudicated by a judge of the municipal court {ADD pursuant to section
31-41.1-6 and the rules established by the chief judge ADD}. Municipal
{DEL court judges may conduct special hearings based on a good
driving record pursuant to section 31-43-3.1 DEL} {ADD courts
shall have jurisdiction over matters brought pursuant to section
31-41.1-7. ADD}
(c) If a motorist fails to appear to answer a summons before a
municipal court {DEL or the administrative adjudication court,
he or she shall be found guilty of the violation by the court
and his or her DEL} {ADD , the municipal court may proceed pursuant
to section 31-41.1-5 to enter a default judgment and determine
whether the charges have been established. Where a determination
is made that a charge has been established, an appropriate order
shall be entered and the motorist's ADD} license and registration
privileges may be {DEL suspended by the administrative adjudication
court DEL} {ADD ordered by the municipal court to be suspended
by the registry of motor vehicles as provided by law ADD}.
(d) All summonses {DEL once DEL} {ADD which have been ADD}
adjudicated by the municipal court {ADD and entered into the data
electronic system ADD} shall be returned to the {DEL administrative
adjudication court for record keeping DEL} {ADD traffic tribunal
for storage as required by section 8-14-1 ADD}.
(e) All {ADD municipal ADD} courts shall be courts of record, shall tape record all sessions, maintain dockets, and adjudicate all violations on the summonses {ADD and shall be responsible for data entry into an electronic data processing system of all citations heard and decided by said municipal courts pursuant to procedures and rules promulgated by the chief judge of the district court ADD}.
(f) Municipal court judges may, in their discretion, order driver retraining courses in appropriate cases.
{DEL (g) Cities and towns shall retain control over the scheduling
of all arraignments, hearings, trials, and other administrative
duties in their respective municipal courts and may assess additional
penalties and costs as provided by local ordinances. DEL}
(h) {DEL All court fees or costs assessed by both municipal
courts and the administrative adjudication court shall be twenty-five
dollars ($25.00) per arraignment, hearing, or trial, except as
provided in subsection (g). DEL} {ADD A twenty five dollar ($25.00)
hearing fee shall be assessed by both municipal courts and the
traffic tribunal against each person pleading guilty to or found
guilty of a traffic offense or violation, as provided in the general
laws. In no case shall any municipal court exercising jurisdiction
pursuant to this chapter impose or assess any fees or costs except
as expressly authorized by state law. ADD}
8-18-6. Joint violation fines -- Distribution of funds.
-- {DEL (a) Fines for those violations enumerated in
section 8-18-3 shall range from a base of thirty dollars ($30.00)
to a maximum of seventy dollars ($70.00). DEL}
{DEL (b) DEL} Cities or towns with municipal courts shall
dedicate four dollars ($4.00) for reimbursement from each summons
to the {DEL administrative adjudication court ("AAC") DEL}
{ADD general fund ADD}. Cities or towns without a municipal court
shall dedicate six dollars ($6.00) for reimbursement from each
summons to {DEL AAC DEL} {ADD the general fund ADD}. State
agencies shall dedicate twenty-two dollars ($22.00) from each
summons to {DEL AAC DEL} {ADD the general fund ADD}.
8-18-9. Appeals. -- Any person desiring to appeal
from an adverse decision of a municipal court pursuant to the
provisions of this chapter may seek review thereof pursuant to
the procedures set forth in section {DEL 31-43-4 DEL} {ADD 31-41.1-8 ADD}.
8-18-10. Exclusive jurisdiction. -- The universal
summons shall also be used for any violations of those sections
not listed in section 8-18-3; provided, however that the following
violations shall remain the exclusive jurisdiction of the {DEL administrative
adjudication court DEL} {ADD traffic tribunal ADD} or the {ADD other ADD}
state courts and shall not be within the jurisdiction of any municipal
court:
31-11-16 | 31-11-17 | 31-11-18 | 31-11-19 | 31-11-20 | 31-12-2 | 31-12-3 |
31-14-1 | 31-20-12 | 31-26-1 | 31-26-2 | 31-26-4 | 31-26-5 | 31-27-1 | 31-27-2 | 31-27-4 | 31-26-3 | 31-3-1 | 31-8-2 | 31-8-3 | 31-9-1 |
31-9-2 | 31-9-5 | 31-9-6 | 31-10-1 | 31-10-28 | 31-11-12 | 3-8-9 |
31-8-10 | 31-38-9 | 31-41-1 | 31-25-13 | 31-25-4 | 31-25-5 | 31-25-6 |
31-25-7 | 31-27-6 | 31-25-24 | 31-23-37 | 31-24-37 | 31-25-20 | 31-25-3 |
31-25-16 | 31-25-19 | 11-44-29 | 31-22-21 | 31-27-2.1 | 11-44-22 | 31-19.1-2 |
31-19.2-2 | 31-9-3 | 31-10-26 | 31-27-2.3 | 31-36.1-17 | 31-9-1 -- | 31-4-3 |
31-9-11 | 31-43-1 | 31-11-18.1 | 31-27-1.1 | 31-27-2.2 | 31-15-14 | 31-23-49 |
31-12-26 | 31-23-28 | 31-27-5 | 31-23-13.1 | 31-27-2.7 | 31-27-2.4 | |
31-41-4 | (Speeding |
SECTION 2. Section 8-18-7 of the General Laws in Chapter 8-18 entitled "State and Municipal Court Compact" is hereby repealed in its entirety.
{DEL 8-18-7. Mandatory court appearance. -- DEL} {DELAny
person who receives a third summons within a twelve (12) month
period cannot plea by mail but must appear in person before a
judge at the administrative adjudication court. DEL}
SECTION 3. Chapter 8-18 of the General Laws entitled "State and Municipal Court Compact" is hereby amended by adding thereto the following section:
{ADD 8-18-11. Municipal court adherence to promulgated procedures. -- ADD} {ADD All municipal courts which shall hear and decide traffic matters pursuant to the authority of this chapter shall do so in a manner consistent with the procedures of the traffic tribunal. If it shall appear to the chief judge of the district court that said procedures are not being followed by any municipal court he or she shall inform the municipal court in question that it appears that it is not in compliance with the procedures of the traffic tribunal. If, thereafter, the chief judge is not satisfied that compliance is forthcoming he shall have standing under section 8-1-2 of the general laws to petition the supreme court for appropriate relief. ADD}
SECTION 4. Section 8-5-5 of the General Laws in Chapter 8-5 entitled "Court Secretaries, Court Reporters, and Electronic Court Reporters" is hereby amended to read as follows:
{DEL 8-5-5. Reports of superior and family court trials
-- Transcripts. DEL} {ADD -- 8-5-5 Reports of superior,
family and district court and traffic tribunal. ADD} -- Court
reporters shall report stenographically or electronic court reporters
or similar recording personnel shall report electronically the
proceedings in the trial of every action or proceeding, civil
or criminal, in the superior court{ADD,ADD} {DEL and the DEL} family
court {ADD , district court and traffic tribunal ADD}. Each court
reporter or electronic court reporter or similar recording personnel
shall also, upon the order of any justice of the court, transcribe
or otherwise reproduce his or her report to be filed with the
papers in the case. He or she shall also make a transcript of
or otherwise reproduce the whole or any part of the report upon
the written request, filed with the clerk, by either party to
the action or proceeding, and when completed and within the time
limited by the court for filing the transcript, shall immediately
deliver the transcript to the party ordering it, or to the attorney
of record of the party, and in the case of transcription by court
reporters for such service shall be paid a reasonable compensation,
not less than five dollars ($5.00) and not exceeding three dollars
($3.00) per page for originals and one dollar and fifty cents
($1.50) per page for copies thereof, to be allowed by the court;
provided, however, that no branch, department, agency, board,
or commission of the government of this state shall be charged
more than two dollars and fifty cents ($2.50) per page for originals
or more than one dollar ($1.00) per page for copies thereof; and,
in case the transcript is used in subsequent proceedings in the
cause, the cost of the transcript may be allowed as a part of
the costs. In the case of electronic court recordings the person
making the recordings or another person so designated by the court
may be requested or ordered, in lieu of making a transcript, to
reproduce the recording and certify its authenticity, and in such
case each party requesting the reproduction shall pay to the court
the sum of ten dollars ($10.00) per cassette. {ADD ADD}
SECTION 5. Sections 8-8-1, 8-8-8.1, 8-8-12, and 8-8-16.2 of the General Laws in Chapter 8-8 entitled "District Court" are hereby amended to read as follows:
8-8-1. District Court established -- Chief and associate justices. -- There is established a district court for the state of Rhode Island which shall consist of a chief judge and twelve (12) associate judges. {ADD The district court shall be a court of record and shall have a seal with such words and devices as it shall adopt. ADD}
8-8-8.1. Administrator/clerk -- Magistrate. -- (a) Administrator/clerk. - There shall be a district court administrator/clerk who shall be appointed by the chief judge in his or her capacity as administrative head of the court, and who shall hold office at the pleasure of the administrative judge. The administrator/clerk shall perform such duties and attend to such matters as may be assigned to the administrator/clerk by the administrative judge, other than those duties assigned to the chief clerk in section 8-8-19. {ADD Said duties may be assigned by the chief judge both as to the district court established by this chapter and as to the traffic tribunal established by chapter 8-8.2. ADD}
(b) Magistrate. - Any person holding the position of district court administrator/clerk who is a member of the bar of Rhode Island may be appointed district court magistrate by the chief judge in his or her capacity as administrative head of the court.
(c) The district court magistrate shall have the power to hear and determine such matters as may be assigned to the district court magistrate by the chief judge all to the same effect as if done by a judge of the district court, including but not limited to:
(1) Matters relating to the determination of, monitoring, collection, and payment of restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;
(2) Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation, and ordinance cases and initial appearances and probable cause hearings in felony cases;
(3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters pursuant to chapter 13 of title 12 and the rules of criminal procedure, including but not limited to motions to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source hearings;
(4) All matters relating to fugitives from justice pursuant to chapter 9 of title 12;
(5) Probation revocation hearings;
(6) All matters relating to small claims and consumer claims pursuant to chapter 16 of title 10, including any pretrial motions including motions relating to the special service of process, the entry of defaults and default judgments, the trial of such cases and the entry of judgment after such trials, and all matters relating to the enforcement of such judgments, including but not limited to the ordering of installment payments and trustee process; and
(7) Complaints for judicial review of the decision of an administrative agency pursuant to chapter 35 of title 42 by making proposed findings of fact and recommendations for the disposition of the complaints to a judge of the court. Any party may object to any portion of the magistrate's proposed findings and recommendations within ten (10) days after receipt of a copy thereof. That party shall file with the clerk of the sixth division of the district court and serve on all parties written objections which shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection. A judge shall make a de novo determination of those portions to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. Absent a timely objection filed in accordance with this subdivision, the proposed prevailing party shall, upon expiration of the ten (10) days following the service of the magistrate's proposed findings and recommendations, submit a proposed order for signature of the judge to whom the case has been assigned.
{DEL {ADD (8) All matters heard pursuant to chapter 8-8.2, in the traffic
tribunal. ADD}DEL}
(d) The magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts necessary or proper for the efficient performance of his or her duties;
(3) To require the production before him or her of books, papers, vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding or other contempt of his or her authority;
(7) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for failure to comply with a pending order to provide payment or to perform any other act;
(8) To issue a capias and/or body attachment for the failure of a party or witness to appear after having been properly served or given notice by the court and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court;
(9) To issue writs of habeas corpus to bring before him or her or a judge of the court any person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal, pending before the court, or whose presence is necessary as a party or otherwise necessary so that the ends of justice may be attained, and for no other purpose; and
(10) To issue warrants of arrest and search warrants to the same extent as an associate judge of the court.
(e) Except as otherwise indicated, a party aggrieved by an order entered by the district court magistrate shall be entitled to a review of the order, whether by appeal or otherwise, in the same manner as if taken from an order issued by a judge of the court; except, that any person aggrieved by an adjudication of contempt by the magistrate shall be entitled to a review by a judge of the court within seventy-two (72) hours. The court shall, by rules of procedure, establish procedures for review of contempt and adjudications of the magistrate.
(f) The magistrate shall be:
(1) Governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and judges;
(2) Subject to all provisions of the canons of judicial ethics;
(3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.
(g) The provisions of this section shall be afforded liberal construction.
8-8-12. Duties of chief judge. -- The chief judge shall be the administrative head of the district court and shall be responsible for its operation and the efficient use of its manpower. To this end he or she shall:
(1) Hold court in any division when he or she deems it necessary;
(2) Assign judges to hold court in the various divisions;
(3) Designate the place or places for holding court in each division;
(4) Fix the time for holding court in each division and supervise the calendars;
(5) Report annually to the chief justice of the supreme court on the state of the business of the district court;
(6) Supervise the collection and publication of statistics pertaining to the court;
(7) Supervise the management of the records of the court;
(8) Determine the time of vacations to be taken by the district judges;
(9) Preside over the district court conference and designate the time and place that it shall be held;
(10) Promulgate rules and regulations relating to:
(i) The licensing of constables to serve certain district court civil process; and
(ii) The duties and conduct of licensed constables;
(11) Cancel any fines or other assessments imposed by the court due to the state in any criminal action after receiving certification from the chief clerk that he or she has determined them to be uncollectible for a period of at least one year from the date of imposition of the fine.
{ADD (b) The authority of the chief judge under this section shall be exercised both as to the district court established pursuant to this chapter and the traffic tribunal established pursuant to chapter 8.2 of this title and, subject to the labor laws of this state and any applicable collective bargaining agreement, shall include the authority to transfer clerical personnel from the traffic tribunal to the district court as may be necessary. ADD}
{ADD (c) The chief judge of the district court may designate an associate judge of the district court as administrative judge of the district court. The administrative judge may exercise such administrative authority as may be delegated to him or her by the chief judge. The administrative judge shall receive an increase in compensation which shall be set by the unclassified pay board. ADD}
{ADD (12) The chief judge of the district court shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties subject to the labor laws of this state and applicable collective bargaining agreement as may be prescribed from time to time by the chief judge of the district court. ADD}
8-8-16.2. District court clerk/magistrate. -- (a) Any person holding the position of deputy clerk pursuant to section 8-8-15 of this chapter who is a member of the bar of Rhode Island may be appointed district court clerk/magistrate by the chief judge in his or her capacity as administrative head of said court, subject to the advice and consent of the senate. The district court clerk/magistrate shall hold said office for a term of ten (10) years, and shall retain whatever right he or she may have to the position of district court clerk pursuant to section 8-8-15 of this chapter. The district court clerk/magistrate shall have all powers of a district court clerk pursuant to this chapter and the district court clerk/magistrate shall have the power to hear and determine such matters as may be assigned to the district court clerk/magistrate by the chief judge all to the same effect as if done by a judge of the district court, including, but not limited to, matters relating to the determination of, monitoring, collection and payment of restitution and court ordered fines, fees and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees and costs, consistent with other provisions of the general laws. {ADD The clerk/magistrate may be assigned to hear and decide cases within the traffic tribunal. ADD}
(b) Such clerk/magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts necessary or proper for the efficient performance of his or her duties;
(3) To require the production before him or her of books, papers, vouchers, documents and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them and to call parties to the proceeding and examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
fined or to order him or her imprisoned for not more than seventy-two
(72) hours, {DELpending review by a judge of the court,DEL} for failure
to appear in response to a summons or for refusal to answer questions
or produce evidence or for behavior disrupting a proceeding or
other contempt of his or her authority; {ADD provided, however, that no such imprisonment shall occur prior to review by a judge of the court.ADD}
(7) To adjudicate a person in contempt and to order him or her
fined or to order him or her imprisoned for not more than seventy-two
(72) hours, {DELpending review by a judge of the court,DEL} for failure
to comply with a pending order to provide payment or to perform
any other act; {ADDprovided, however, that no such imprisonment shall occur prior to review by a judge of the court.ADD}
(8) To issue a capias and/or body attachment for the failure of a party or witness to appear after having been properly served or given notice by the court and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court;
(9) To issue writs of habeas corpus to bring before him or her or a judge of the court any person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal, pending before the court, or whose presence is necessary as a party or otherwise necessary so that the ends of justice may be attained, and for no other purpose; and
(10) To issue warrants of arrest and search warrants to the same extent as an associate judge of the court.
(c) Except as otherwise indicated, a party aggrieved by an order entered by the district court clerk/magistrate shall be entitled to a review of the order, whether by appeal or otherwise, in the same manner as if taken from an order issued by a judge of the court; except, that any person aggrieved by an adjudication of contempt by the district court clerk/magistrate shall be entitled to a review by a judge of the court within seventy-two (72) hours. The court shall, by rules of procedure, establish procedures for review of contempt and adjudications of the clerk/magistrate.
(d) The district court clerk/magistrate shall:
(1) Be governed by the commission on judicial tenure and discipline, pursuant to chapter 16 of this title, in the same manner as justices and judges;
(2) Be subject to all provisions of the canons of judicial ethics;
(3) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.
(4) Receive such salary as may be established by the unclassified pay board. The provisions of this section shall be afforded liberal construction.
SECTION 6. Section 8-14-1 of the General Laws in Chapter 8-14 entitled "Inactive Records" is hereby amended to read as follows:
8-14-1. Management, storage, and disposition of state court
records. -- There shall be created a committee within
the state court system with responsibility for the management,
storage, and disposition of all state court records, including
inactive records. The committee shall be composed of the following
members: the chief justice of the supreme court or his or her
designee, the presiding justice of the superior court or his or
her designee, the chief judge of the family court or his or her
designee, the chief judge of the district court or his or her
designee, the chief judge of the workers' compensation court or
his or her designee, the chief judge of the {DEL administrative
adjudication DEL} {ADD district ADD} court {ADD for the traffic
tribunal ADD} or his or her designee, one clerk from each of the
respective state courts as designated by the chief or presiding
justice or chief judge of each state court, and the head of the
state court record center or his or her designee. The committee
shall meet as required to revise the state courts' records retention
policy or at the request of the state court administrator.
SECTION 7. Sections 8-15-1, 8-15-5, 8-15-6, and 8-15-9 of the General Laws in Chapter 8-15 entitled "Court Administration" are hereby amended to read as follows:
8-15-1. Unified system. -- The supreme court, the
superior court, the family court, the district court, the workers'
compensation court, and the {DEL administrative adjudication
court DEL} {ADD traffic tribunal ADD} shall constitute a unified
judicial system for purposes of administration.
8-15-5. Advisory board. -- The chief justice shall
appoint an advisory board to consult with him or her on administrative
matters. The board shall include the four (4) associate justices
of the supreme court, the presiding justice of the superior court,
the chief judge of the family court, the chief judge of the district
court, {ADD and ADD} the chief judge of the workers' compensation
court {DEL , and the chief judge of the administrative adjudication
court DEL}.
8-15-6. Internal administration of courts not affected.
-- The presiding judge of the superior court, the chief
judge of the family court, the chief judge of the district court,
the chief judge of the workers' compensation court, and the chief
judge of the {DEL administrative adjudication DEL} {ADD district ADD}
court {ADD for the traffic tribunal ADD} shall have the power to
administer the affairs of their respective courts; to establish
calendars and to assign judges to those calendars; to appoint
administrative and clerical personnel for their courts; to act
as authorized agent for their court; and to make rules for the
conduct of their business, not inconsistent with the rules promulgated
for the courts pursuant to section 8-6-2. In addition, each respective
court shall prepare an annual budget for their court which will
be submitted to the court administrator for the purposes of section
8-15-4(b).
8-15-9. Supervision of court imposed and court related costs, fines, restitution, and other payments, deposits, and receipts. -- Within the administrative office of the state courts there shall be a finance section. The director of the finance section shall be appointed by the chief justice of the supreme court, and approved by a majority vote of the advisory board. The director of the finance section shall monitor the handling, collection, receipt, and disbursement of all court imposed or court related fees, fines, costs, assessments, charges, and other monetary payments, deposits, and receipts, including, but not limited to, filing fees, court costs and fees, bail, fines, judgments, awards, restitution payments, registry of court accounts, restricted receipts accounts, child support and other support orders, and court stenographers' accounts. The director shall be responsible for all bookkeeping and accounting of money collected or received by the clerks of the various state courts including, but not limited to, sections 8-4-8, 8-8-16, 8-8-17, {ADD 8-8.2-3 ADD} and 8-10-10. The director shall formulate and publish a policy which shall standardize the procedures for the handling, collection, receipt, and disbursement of court imposed or court related monetary payments, deposits, and receipts. All money subject to the provisions of this section shall be audited by the state bureau of audits or their designee not less than once per fiscal year.
SECTION 8. Section 8-6-2 of the General Laws in Chapter 8-6 entitled "General Powers of Supreme and Superior Courts" is hereby amended to read as follows:
8-6-2. Rules of practice and procedure. -- (a) The
supreme court, the superior court, the family court, and the district
court, by a majority of their members, shall have the power to
make rules for regulating practice, procedure, and business therein.
{ADD The chief judge of the district court shall have the power
to make rules for regulating practice, procedure and business
in the traffic tribunal. ADD} The rules of the superior, family,
{DEL and DEL} district court {ADD and the traffic tribunal ADD}
shall be subject to the approval of the supreme court. Such rules,
when effective, shall supersede any statutory regulation in conflict
therewith.
(b) In prescribing such rules, the court shall have regard to the simplification of the system of pleading, practice, and procedure in the courts in which the rules shall apply in order to promote the speedy determination of litigation on the merits; provided, however, that each respective court shall not in the rules of procedure require a party to a civil action to produce either by discovery, motion, to produce or interrogatory an income tax return, W-2 statement, or copies thereof. The rules presently in effect in the courts of the judicial system shall remain and continue in force and effect until revised, amended, repealed, or superseded by rules adopted in accordance with this section.
SECTION 9. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System" is hereby amended to read as follows:
36-4-2. Positions in unclassified service. -- The classified service shall comprise all positions in the state service now existing or hereinafter established, except the following specific positions which with other positions heretofore or hereinafter specifically exempted by legislative act shall constitute the unclassified service:
(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.
(2) Employees of both houses of the general assembly.
(3) Officers, secretaries, and employees of the office of the governor, office of the lieutenant governor, department of state, department of the attorney general, and the treasury department.
(4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.
(5) The following specific offices:
(i) In the department of administration: director, chief information officer;
(ii) In the department of business regulation: director;
(iii) In the department of elementary and secondary education: commissioner of elementary and secondary education;
(iv) In the department of higher education: commissioner of higher education;
(v) In the department of health: director;
(vi) In the department of labor and training: director, administrative assistant, administrator of the labor board and legal counsel to the labor board;
(vii) In the department of environmental management: director;
(viii) In the department of transportation: director {DEL ,
employees of the division of administrative adjudication as defined
in section 31-43-1 DEL};
(ix) In the department of human services: director;
(x) In the state properties committee: secretary;
(xi) In the workers' compensation court: judges, administrator, deputy administrator, members of the workers' compensation fraud prevention unit, clerk, assistant clerk, clerk secretary;
(xii) In the department of elderly affairs: director;
(xiii) In the department of mental health, retardation, and hospitals: director;
(xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;
(xv) In the department of children, youth and families: director, one assistant director, one associate director, and one executive director;
(xvi) In the public utilities commission: public utilities administrator;
(xvii) In the water resources board: general manager.
(6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.
(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.
(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.
(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.
(10) Members of the military or naval forces, when entering or while engaged in the military or naval service.
(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, {ADD the traffic tribunal, ADD} jurors and any persons appointed by any court.
(12) Election officials and employees.
(13) Sheriffs, deputy sheriffs, and their employees {ADD and security officers of the traffic tribunal ADD}.
(14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.
(15) (i) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.
(ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the unclassified pay plan board. The unclassified pay plan board may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.
(16) Members of the division of state police.
(17) Executive secretary of the Blackstone Valley district commission.
(18) Artist and curator of state owned art objects.
(19) Mental health advocate.
(20) Child advocate.
SECTION 10. Section 31-2-19 of the General Laws in Chapter 31-2 entitled "Registry of Motor Vehicles" is hereby amended to read as follows:
31-2-19. Appeal from registrar. -- Any person aggrieved
by any order of the registrar may appeal therefrom to {DEL administrative
adjudication DEL} {ADD the sixth division district ADD} court
by filing, within ten (10) days from the date of the notice to
such person of the issuance of the order appealed from, a petition
in said court stating the grounds upon which the appeal is taken.
Upon the filing of such petition and tendering a twenty-five dollar
($25.00) filing fee, the court shall cause thirty (30) days' notice
of the pendency thereof to be given to the registrar by serving
the registrar, in the manner in which subpoenas in equity are
served, with a certified copy of such petition and such petition
shall follow the course of equity so far as the same is applicable;
and upon hearing such petition the court may review the evidence
taken at a hearing or investigator's reports, or other information
upon which the registrar's action was taken, and may in its discretion,
affirm or overrule or modify the order of the registrar, but the
taking of such appeal shall not operate as a stay of the order
of the registrar from which appeal is taken, and such order shall
remain in full force and effect during the pendency of such appeal.
A party aggrieved by a final order of the court may seek appellate
review thereof pursuant to the procedures set forth in section
{DEL 31-43-4 DEL} {ADD 42-35-15 ADD}.
SECTION 11. Section 31-5-26 of the General Laws in Chapter 31-5 entitled "Dealers', Manufacturers' and Rental Licenses" is hereby amended to read as follows:
31-5-26. Appeal from the department of transportation. --
Any licensee or other person in interest being dissatisfied with
an order of the department of transportation, may appeal therefrom
to the {DEL administrative adjudication court by filing, within
ten (10) days from the date of the notice to such person of the
issuance of the order appealed from, a petition in said court
stating the grounds upon which the appeal is taken. Upon the filing
of such petition and tendering a twenty-five dollar ($25.00) filing
fee, the court shall cause thirty (30) days notice of the pendency
thereof to be given to the department of transportation by serving
the director of the department, in the manner in which subpoenas
in equity are served, with a certified copy of such petition and
such petition shall follow the course of equity so far as the
same is applicable; and upon hearing such petition the court may
review the evidence taken at a hearing or investigator's reports,
or other information upon which the director's action was taken
and may in its discretion affirm or overrule or modify the order
of the director, but the taking of such appeal shall not operate
as a stay of the order of the director from which appeal is taken,
and such order shall remain in full force and effect during the
pendency of such appeal. A party aggrieved by a final order of
the court may seek appellate review thereof pursuant to the procedures
set forth in section 31-43-4. DEL} {ADD sixth division of the
district court pursuant to the procedure established pursuant
to section 42-35-15. ADD}
SECTION 12. Section 31-5.1-16 of the General Laws in Chapter 31-5.1 entitled "Regulation of Business Practices Among Motor Vehicle Manufacturers, Distributors and Dealers" is hereby amended to read as follows:
31-5.1-16. Bill to set aside department order. --
Any licensee or other person in interest, being dissatisfied with
the final order of the department, may appeal therefrom to the
{DEL administrative adjudication court by filing, within ten
(10) days from the date of the notice to such person of the issuance
of the order appealed from, a petition in said court stating the
grounds upon which the appeal is taken. Upon the filing of such
petition and tendering a twenty-five dollar ($25.00) filing fee,
the court shall cause thirty (30) days notice of the pendency
thereof to be given to the department by serving the director
of the department, in the manner in which subpoenas in equity
are served, with a certified copy of such petition and the petition
shall follow the course of equity so far as the same is applicable;
and upon hearing such petition the court may review the evidence
taken at a hearing or investigator's reports, or other information
upon which the department's action was taken and may in its discretion
affirm or overrule or modify the order of the department, but
the taking of such appeal shall not operate as a stay of the order
of the department from which appeal is taken, and that order shall
remain in full force and effect during the pendency of such appeal.
A party aggrieved by a final order of the court may seek appellate
review thereof pursuant to the procedures set forth in section
31-43-4 DEL} {ADD sixth division of the district court pursuant
to the procedure established pursuant to section 42-35-15. ADD}
SECTION 13. Section 31-11-15 of the General Laws in Chapter 31-11 entitled "Suspension or Revocation of Licenses -- Violations" is hereby amended to read as follows:
31-11-15. Appeal from registrar's order. -- Any
person aggrieved by any order of the registrar may appeal therefrom
to the {DEL administrative adjudication court DEL} {ADD sixth
division of the district court ADD} by filing, within ten (10)
days from the date of the notice of the person of the issuance
of the order appealed from, a petition in said court stating the
grounds upon which the appeal is taken. Upon the filing of the
petition and tendering a twenty-five dollar ($25.00) filing fee,
the court shall cause thirty (30) days' notice of the pendency
thereof to be given to the registry by serving the registrar,
in the manner in which subpoenas in equity are served, with a
certified copy of the petition and the petition shall follow the
course of equity so far as the same is applicable; and upon hearing
such petition the court may review the evidence taken at a hearing,
or investigator's reports, or other information upon which the
registrar's action was taken, and may in its discretion, affirm,
or overrule or modify the order of the registrar, but the taking
of the appeal shall not operate as a stay of the order of the
registrar from which the appeal is taken, and the order shall
remain in full force and effect during the pendency of the appeal.
A party aggrieved by a final order of the court may seek appellate
review thereof pursuant to the procedures set forth in section
{DEL 31-43-4 DEL} {ADD 42-35-16 ADD}.
SECTION 14. Section 31-38-17 of the General Laws in Chapter 31-38 entitled "Inspection of Motor Vehicles" is hereby amended to read as follows:
31-38-17. Procedure for a review of an order of the director
of transportation. -- (a) Any person aggrieved by an order
of the director of administration pertaining to either a suspension,
revocation, or denial of an application for a permit may appeal
from the order of the director by filing a notice of request for
review {DEL within ten (10) days of suspension, revocation,
or denial of the application for permit DEL} of the director's
order with the {DEL administrative adjudication court. The
administrative adjudication court, upon receipt of such a petition
to review shall conduct hearings within thirty (30) days of the
receipt thereof and shall complete the hearings within ten (10)
days and file a written opinion within fifteen (15) days thereafter.
The administrative adjudication court may, in its discretion concur,
modify, or overrule the action of the director and the aggrieved
inspection owner/operator may thereafter seek appellate review
pursuant to the procedures set forth in section 31-43-4. DEL}
{ADD sixth division of the district court pursuant to the procedures
set forth in section 42-35-15. ADD}
(b) The filing of a petition to review shall not operate as a stay of the order of the director of administration and the order shall remain in full force and effect during the pendency of the review.
SECTION 15. Section 31-18-3 of the General Laws in Chapter 31-18 entitled "Pedestrians" is hereby amended to read as follows:
31-18-3. Right of way in crosswalk. -- {ADD (a) ADD} When traffic control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in section 31-18-6.
{ADD (b) In addition to any other penalty provided by law, a judge or magistrate shall impose a mandatory fine of one hundred dollars ($100) for a second or any subsequent violation of this section. ADD}
SECTION 16. Section 8-5-8 of the General Laws in Chapter 8-5 entitled "Court Secretaries, Court Reporters, and Electronic Court Reporters" is hereby amended to read as follows:
8-5-8. Interpreters for deaf and hearing impaired persons. -- (a) In all civil and criminal cases, in workers' compensation, district, family, and superior court, {ADD and in the state traffic tribunal, and in any case in any municipal court pursuant to chapter 8-18 of the general laws, ADD} where a party or a witness is a deaf or a hearing impaired person, he or she shall have the proceedings of the trial interpreted to him or her in a language that he or she can understand by a qualified interpreter appointed by the court. In any case where an interpreter is required to be appointed by the court under this section, the court shall not commence proceedings until the appointed interpreter is in court in a position not exceeding ten feet (10') from and in full view of the deaf or hearing impaired person. The interpreter appointed under the terms of the section shall be required to take an oath that he or she will make a true interpretation to the deaf or hearing impaired person of all the proceedings of the case in a language that he or she understands; and will repeat the deaf or hearing impaired person's answer to questions to counsel, court, or jury in the English language, in his or her best skill and judgment.
(b) For the purposes of this section, "hearing impaired person" means a person who as a result of a hearing impairment, requires sign language and/or speech reading as part of his or her communication system. A "qualified interpreter" means an interpreter for the hearing impaired person skilled in sign language or oral interpretation and transliteration, having the ability to communicate accurately with a deaf or hearing impaired person. An interpreter shall be deemed qualified as determined by the commission on the deaf and hearing impaired, based upon recommendations from the commission and the deaf and hearing impaired interpreter screening committee, the Rhode Island association of the deaf, the national registry of interpreters for the deaf, and other appropriate agencies. The commission on the deaf and hearing impaired office shall coordinate all requests for qualified interpreters and shall maintain a list of all such interpreters from which it shall fill such requests. No interpreter is precluded from being further examined by the court system.
(c) Interpreters appointed under the terms of the section shall be paid by the state {ADD or municipality ADD} a reasonable compensation fixed by the court.
SECTION 17. Nothing in this act shall abrogate or affect any collective bargaining agreement in effect on the effective date of this act.
SECTION 1. Sections 31-3-1 and 31-3-16 of the General Laws in Chapter 31-3 entitled "Registration of Vehicles" are hereby amended to read as follows:
31-3-1. Operation of unregistered vehicle misdemeanor. --
It is a {DEL misdemeanor DEL} {ADD civil violation ADD} for
any person to operate or for an owner knowingly to permit to be
operated upon any highway any vehicle of a type required to be
registered hereunder which is not registered and for which the
appropriate fee has not been paid.
31-3-16. General assembly plates. -- (a) The registrar of motor vehicles is hereby directed to make available to each duly elected member of the senate and of the house of representatives of the general assembly of the state of Rhode Island and Providence Plantations, so long as the member is serving during the term for which he or she has been elected as a member of the general assembly and no longer, two (2) special motor vehicle registration plates carrying on the first plate as a courtesy the word "senate" in the case of the senate, and the word "house" in the case of the house of representatives, and on the second set of plates, in addition to the wording above, the letter "a" denoting auxiliary shall be placed on the plates. The plates are to have special identifying numbers corresponding to the number of the senatorial or representative district from which the member was elected.
(b) The special motor vehicle registration plates shall carry thereon the design and the seal of the state of Rhode Island and Providence Plantations and shall be designed, sold, and attached to the motor vehicle without cost to the state.
(c) Each member of any general assembly, at the expiration of his or her term as member, unless reelected, may retain the special motor vehicle registration plates in his or her own keeping, provided he or she does not display the plates upon any motor vehicle or any other form of transportation owned or operated by the member.
(d) Any violation of the provisions of paragraph (c) of this section
shall be deemed a {DEL misdemeanor DEL} {ADD civil violation ADD},
and any person displaying a special motor vehicle registration
plate upon any vehicle shall, upon conviction, be fined ten dollars
($10.00) for each offense.
(e) The registrar of motor vehicles shall reserve for the future use of each member of the general assembly the private registration plates which he or she turns into the registry of motor vehicles in return for legislator's plates. The registrar of motor vehicles shall annually, during the month of January, submit a written notice to each member of the general assembly notifying him or her of the private registration plates which are being reserved for his or her future use. The notice shall indicate the registration plate designation and the legislator for which it is being reserved.
(f) In a state of emergency, any member of the general assembly driving a vehicle bearing a special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by any state or municipal authority.
SECTION 2. Sections 31-3.2-2, 31-3.2-4.1, and 31-3.2-7 of the General Laws in Chapter 31-3.2 entitled "Snowmobiles and Recreational Vehicles" are hereby amended to read as follows:
31-3.2-2. Registration. -- (a) General requirements..
- Except as hereinafter provided, no person shall, after October
30, 1971, operate any snowmobile or recreational vehicle within
the state unless the snowmobile or recreational vehicle has been
registered in accordance with this chapter. Any operator of any
snowmobile or recreational vehicle not registered in accordance
with this chapter shall be deemed guilty of a {DEL misdemeanor DEL}
{ADD civil violation ADD}and be subject to a fine of one hundred
dollars ($100) for each offense.
(b) Application -- Issuance -- Reports.. - Application for registration shall be made to the director in such form as the director shall prescribe, and shall state the name and address of every owner of the snowmobile or recreational vehicle and be signed by at least one owner. Upon receipt of the application and the appropriate fee as hereinafter provided, the snowmobile or recreational vehicle shall be registered and a reflectorized identification number assigned which shall be affixed to the snowmobile or recreational vehicle in such manner as the director shall prescribe.
(c) Fees for registration.. - (1) The fee for registration of each snowmobile or recreational vehicle, other than those registered by a dealer or manufacturer pursuant to subsection (c)(1) or (c)(2) shall be as follows: ten dollars ($10.00) for one year and one dollar ($1.00) for a duplicate or transfer.
(2) The total registration fee for all snowmobiles or recreational vehicles owned by a dealer and operated for demonstration or testing purposes shall be twenty-five dollars ($25.00) per year.
(3) The total registration fee for all snowmobiles or recreational vehicles owned by a manufacturer and operated for research, testing, experimentation, or demonstration purposes shall be one hundred dollars ($100) per year. Dealer and manufacturer registrations are not transferable.
(4) In addition to the registration fees enumerated in subdivisions (1) -- (3) of this subsection, an annual registration fee of ten dollars ($10.00) for residents and twenty dollars ($20.00) for nonresidents on all off-road facilities established by the department of the environment for such purposes. No person shall operate any recreational vehicles on off-road facilities which has not been registered as required by this subdivision.
(d) Renewal.. - Every owner of a snowmobile or recreational vehicle shall renew his or her registration in such manner as the director shall prescribe, upon payment of the same registration fees provided in subsection (c).
(e) Snowmobiles or recreational vehicles owned by state or political subdivision.. - A registration number shall be issued without the payment of a fee for snowmobiles or recreational vehicles owned by the state of Rhode Island or a political subdivision thereof upon application therefor.
(f) Exemptions.. - No registration hereunder shall be required for the following described snowmobiles or recreational vehicles:
(1) Snowmobiles or recreational vehicles owned and used by the United States, another state, or a political subdivision thereof.
(g) The commissioner of environmental management may issue special permits to out of state snowmobiles or recreational vehicles from a state or country where registration is not required to operate in Rhode Island for limited periods of time not to exceed thirty (30) days in connection with organized group outings, trail rides, races, rallies, and other promotional events.
31-3.2-4.1. Operation of snowmobile or recreational vehicle without permission -- Penalty. -- (a) No person shall operate any snowmobile or recreational vehicle upon any property or premises owned by another person without the consent in writing of the owner of the property or premises.
(b) No person shall operate any snowmobile or recreational vehicle which is owned by another person without the consent in writing of the owner.
(c) Penalties.. - Any person who shall violate the provisions
of this section shall be guilty of a {DEL misdemeanor DEL}
{ADD civil violation ADD} and be subject to a fine of not more than
one hundred dollars ($100) for each offense.
31-3.2-7. Operation. -- (a) Operation on streets and highways.. - (1) No person shall operate a snowmobile or recreational vehicle upon the roadway shoulder or inside bank or slope on any highway in this state or elsewhere within the right of way, except as provided in this chapter. No snowmobile or recreational vehicle shall be operated at any time within the right of way of any interstate highway or freeway within this state.
(2) A snowmobile or recreational vehicle may make a direct crossing of a street or highway at any hour of the day provided:
(i) The crossing is made at an angle of approximately ninety degrees (90 degrees) to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and
(ii) The snowmobile or recreational vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and
(iii) The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard; and
(iv) In crossing a divided highway the crossing is made only at an intersection of the highway, with another public street or highway; and
(v) If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
(3) No snowmobiles or recreational vehicle shall be operated upon a public street or highway unless it is equipped with at least one head lamp and one tail lamp, each of minimum candlepower as prescribed by regulations of the director, reflector material of a minimum area of sixteen (16) square inches mounted on each side forward of the handle bars, and with brakes, each of which shall conform to standards prescribed by rule of the director.
(4) A snowmobile or recreational vehicle may be operated upon a public street or highway other than as provided by subsection (a)(2) in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical.
(i) International contests, use of highways, etc.. - Nothing in this section shall prohibit the use of snowmobiles or recreational vehicles within the right of way of any highway or upon public lands or waters under the jurisdiction of the director of environmental management in any international contest, subject to the consent of the official or board having jurisdiction over the highway or public lands or waters.
(ii) Operation generally.. - It shall be unlawful for any person to drive or operate any snowmobile or recreational vehicles in the following unsafe or harassing ways:
(A) At a rate of speed greater than reasonable or proper under all the surrounding circumstances;
(B) In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto;
(C) While under the influence of intoxicating liquor or narcotics or habit forming drugs;
(D) Without a lighted head and tail light when required for safety;
(E) In any tree nursery or planting in a manner which damages or destroys growing stock;
(F) Without the operator and passengers wearing a helmet equipped with a face guard of a type approved by the registrar.
The provisions of sections 31-27-2 and 31-27-2.1 relating to weight of alcohol in the defendant's blood and its admission as evidence shall apply to subsection (a)(4)(ii)(c).
(b) It shall be unlawful for any person to drive or operate any
snowmobile or other motorized recreational vehicle upon any above
ground reservoir property of the Woonsocket reservoir in the towns
of North Smithfield, Lincoln, and Smithfield, and in the city
of Woonsocket. Any person who shall violate the provisions of
this section shall be guilty of a {DEL misdemeanor DEL}
{ADD civil violation ADD} and be punished by a fine of not more than
fifty dollars ($50.00) for the first offense and by a fine of
one hundred dollars ($100) for any subsequent offense.
SECTION 3. Sections 31-8-2 and 31-8-3 of the General Laws in Chapter 31-8 entitled "Offenses Against Registration and Certificate of Title Laws" are hereby amended to read as follows:
31-8-2. Operation of vehicle when registration canceled,
suspended, or revoked. -- No person shall operate, nor
shall an owner knowingly permit to be operated, upon any highway,
a motor vehicle the registration of which has been canceled, suspended,
or revoked. Any violation of this section is a {DEL misdemeanor. DEL}
{ADD civil violation. ADD}
31-8-3. Improper use of evidences of registration or certificate
of title. -- No person shall lend to another any certificate
of title, registration card, registration plate, special plate,
or permit issued to him or her if the person desiring to borrow
the same would not be entitled to the use thereof, nor shall any
person knowingly permit the use of any of the same by one not
entitled thereto, nor shall any person display upon a vehicle
any registration plate or permit not issued for that vehicle or
not otherwise lawfully used thereon under chapters 3 -- 9 of this
title. Any violation of this section is a {DEL misdemeanor. DEL}
{ADD civil violation. ADD}
SECTION 4. Section 31-10-28 of the General Laws in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" is hereby amended to read as follows:
31-10-28. Restricted licenses. -- (a) The registry upon issuing an operator's or chauffeur's license shall have the authority whenever good cause appears to impose restrictions suitable to the licensee's driving ability with respect to the type of, or special mechanical control devices required on a motor vehicle which the licensee may operate or the other restrictions applicable to the licensee as the registry may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) The registry may either issue a special restricted license or may set forth such restrictions upon the usual license form; provided, however, that in the case of an individual who, because of any visual disability, is prohibited from operating a motor vehicle in darkness, the registry, upon receipt of an affidavit from a licensed physician or ophthalmologist certifying that the individual is capable of operating a motor vehicle during the daylight hours, may issue a special restricted license permitting the individual to operate a motor vehicle only during the daylight hours.
(c) The registry may upon receiving satisfactory evidence of any violation of the restrictions of a restricted license suspend or revoke the license but the licensee shall be entitled to a hearing as upon a suspension or revocation under chapter 2 of this title.
(d) It is a {DEL misdemeanor DEL} {ADD civil violation ADD} for
any person to operate a motor vehicle in any manner in violation
of the restrictions imposed in a restricted license issued to
that person.
SECTION 5. Sections 31-11-16 and 31-11-25 of the General Laws in Chapter 31-11 entitled "Suspension or Revocation of Licenses -- Violations" are hereby amended to read as follows:
31-11-16. Unlawful use of license. -- It is a {DEL misdemeanor DEL}
{ADD civil violation ADD} for any person:
(1) To display or cause or permit to be displayed or have in his or her possession any cancelled, revoked, suspended, fictitious, or fraudulently altered operator's or chauffeur's license;
(2) To lend his or her operator's or chauffeur's license to any other person or knowingly permit the use thereof by another;
(3) To display or represent as one's own any operator's or chauffeur's license not issued to him or her;
(4) To fail or refuse to surrender to the registry upon its lawful demand any operator's or chauffeur's license which has been suspended, revoked, or cancelled;
(5) To use a false or fictitious name in any application for an operator's or chauffeur's license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
(6) To permit any unlawful use of an operator's or chauffeur's license issued to him or her; or
(7) To do any act forbidden or fail to perform any act required by this title.
31-11-25. Failure to pay fine. -- The registry shall suspend the license of a person to operate a motor vehicle upon certification of the clerk of any county of the superior court, or any supervising deputy clerk of the district court {ADD or a clerk of the traffic tribunal ADD} that the person has failed to pay fines or costs imposed for a violation of any provision of this title within the time period provided for payment by the court. The suspension shall remain in force until such time as said fines or costs are paid to the respective court.
SECTION 6. Section 31-12-2 in Chapter 31-12 of the General Laws entitled "Scope of Application of Traffic Regulations" is hereby repealed in its entirety.
{DEL 31-12-2. Obedience to laws required. -- DEL}{DEL
It is unlawful and, unless otherwise declared in chapters 12 --
27, inclusive, of this title with respect to particular offenses,
it is a misdemeanor for any person to do any act forbidden or
fail to perform any act required in the aforementioned chapters DEL}
SECTION 7. Section 31-14-9 in Chapter 31-14 of the General Laws entitled "Speed Restrictions" is hereby amended to read as follows:
31-14-9. Minimum speed. -- (a) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
(b) Police officers are hereby authorized to enforce this provision
by directions to drivers, and in the event of apparent wilful
disobedience to this provision and refusal to comply with direction
of an officer in accordance herewith, the continued slow operation
by a driver shall be a {DEL misdemeanor. DEL} {ADD civil
violation. ADD}
SECTION 8. Section 31-18-17 of the General Laws in Chapter 31-18 entitled "Pedestrians" is hereby amended to read as follows:
31-18-17. Pedestrians on freeways. -- Any pedestrian
who shall cross any freeway as defined by section 24-10-1, except
in an emergency or to render assistance in case of an accident
or unforeseen cause, shall be deemed to be guilty of a {DEL misdemeanor. DEL}
{ADD civil violation. ADD}
SECTION 9. Section 31-20-16 of the General Laws in Chapter 31-20 entitled "Special Stops Required" is hereby amended to read as follows:
31-20-16. Stops at bridle path crossings. -- Every
operator of a motor vehicle shall bring his or her motor vehicle
to a complete stop in parks, reservations and on state highways
where the department of transportation, or state traffic commission
has posted signs of bridle paths where saddle horses may cross
the roads in the parks and reservations and/or highways. An operator
violating the provisions of this section shall be guilty of a
{DEL misdemeanor, DEL} {ADD civil violation, ADD} and upon
conviction, shall be fined not more than twenty-five dollars ($25.00)
for the first offense nor more than fifty dollars ($50.00) for
second or subsequent offenses.
SECTION 10. Sections 31-22-3, 31-22-3.1, 31-22-21, 31-22-25 and 31-22-26, of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" are hereby amended to read as follows:
31-22-3. Riding on motorcycles. -- (a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator.
(b) In no event shall a motorcycle passenger ride in front of
the operator. An operator violating the provisions of this section
shall be guilty of a {DEL misdemeanor DEL} {ADD civil violation ADD}
and upon conviction shall be fined not more than one hundred dollars
($100).
31-22-3.1. Riding on motor driven cycles -- Passengers prohibited.
-- A person operating a motor driven cycle as defined
in section 31-1-3(e) shall ride only upon the permanent and regular
seat attached thereto, and the operator shall not carry any other
person. An operator violating the provisions of this section shall
be guilty of a {DEL misdemeanor DEL} {ADD civil violation ADD}
and upon conviction shall be fined not more than twenty-five dollars
($25.00) for the first offense nor more than fifty dollars ($50.00)
for the second or subsequent offenses.
31-22-21. Consumption of alcoholic beverages while operating a motor vehicle -- Penalties. -- (a) Any person found in violation of operating a motor vehicle upon the public highways of this state while consuming alcoholic beverages may be fined not more than two hundred dollars ($200) or by suspension of driver's license for up to six (6) months or both.
(b) Any person found in violation of a second violation of this section may be fined not more than five hundred dollars ($500) or by suspension of driver's license for up to one year or both.
(c) The original jurisdiction of this section shall be exclusively
in the {DEL administrative adjudication court DEL} {ADD traffic
tribunal ADD}.
31-22-25. Approaching horses. -- Each operator of
a vehicle approaching a horse on a public highway shall reduce
speed, proceed with caution, or stop if necessary, to avoid endangering
the equestrian or frightening or striking the horse. An operator
violating the provisions of this section shall be guilty of a
{DEL misdemeanor DEL} {ADD civil violation ADD} and, upon
conviction, shall be fined not more than twenty-five dollars ($25.00)
for the first offense nor more than fifty dollars ($50.00) for
second or subsequent offenses.
31-22-26. Noise in vicinity of horse. -- No operator
of a vehicle in the vicinity of an equestrian and horse may blow
a horn, or cause loud or unusual noises, in a manner to startle
or frighten the horse. An operator violating the provisions of
this section shall be guilty of a {DEL misdemeanor DEL}
{ADD civil violation ADD} and upon conviction shall be fined not
more than twenty-five dollars ($25.00) for the first offense nor
more than fifty dollars ($50.00) for second or subsequent offenses.
SECTION 11. Sections 31-23-1, 31-23-4, 31-23-13 and 31-23-41 of the General Laws entitled "Equipment and Accessories Generally" are hereby amended to read as follows:
31-23-1. Driving of unsafe vehicle -- Disobedience of requirements.
-- (a) It is a {DEL misdemeanor DEL} {ADD civil violation ADD}
for any person to drive or move or for the owner to cause or knowingly
permit to be driven or moved on any highway, any vehicle or combination
of vehicles which is in such an unsafe condition as to endanger
any person, or which does not contain those parts or is not at
all times equipped with such lamps and other equipment in proper
condition and adjustment as required in this chapter or chapter
24 of this title, or for any person to do any act forbidden or
fail to perform any act required under those chapters.
(b) For the purpose of reducing the number and severity of accidents, all commercial motor vehicles must meet applicable standards set forth in this chapter and chapter 24 of this title and in the federal motor carrier safety regulations (FMCSR) contained in the Code of Federal Regulations (CFR) Title 49, parts 390-399, as amended and adopted by the U.S. department of transportation (U.S. DOT), federal highway administration (FWHA), office of motor carriers (OMC). Parts 394 of FMCSR shall not apply to intrastate operations. Part 391.11(b)(1) of FMCSR shall not apply to intrastate drivers of commercial motor vehicles except for drivers of school buses and vehicles placarded under CFR Title 49, subpart F. Rules and regulations shall be promulgated by the director of the Rhode Island department of transportation for the administration and enforcement of motor carrier safety. The rules and regulations shall be promulgated to ensure uniformity in motor carrier safety enforcement activities and to increase the likelihood that safety defects, driver deficiencies, and unsafe carrier practices will be detected and corrected.
Any carrier convicted of violating the rules and regulations established pursuant to this subsection, shall be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500) for each offense.
For the purposes of this section, "carrier" shall be defined as any company or person who furthers their commercial or private enterprise by use of a vehicle that has a gross vehicle weight rating (GVWR) of ten thousand and one (10,001) or more pounds, or that transports hazardous material.
(1) Authorized examiners, investigators, officers, or regulatory inspectors from the Rhode Island department of transportation with proper identification issued by the director of the Rhode Island department of transportation, the state police, and local law enforcement officials with proper identification certifying they are qualified motor carrier enforcement personnel trained according to paragraph (b)(5) of this section, shall have a right of entry and authority to examine all equipment of motor carriers and lessors and enter upon and perform inspections of motor carrier vehicles in operation, and shall have authority to inspect, examine, and copy all accounts, books, records, memoranda, correspondence and other documents of such motor carriers and or lessors and the documents, accounts, books, records, correspondence, and memoranda of any person controlling, controlled by, or under common control of any carrier which relate to the enforcement of this chapter.
(2) Authorized examiners, investigators, officers, or regulatory inspectors from the state police, local law enforcement officials or the Rhode Island department of transportation shall declare "out of service" any motor vehicle which, by reason of its mechanical condition or loading, is so imminently hazardous to operate as to be likely to cause an accident or a breakdown. An "out of service vehicle" sticker shall be used to mark vehicles out of service. The "out of service vehicle" sticker shall be affixed to the driver's window on power units placed out of service and, affixed to the left front corner of trailers or semitrailers placed out of service.
No person shall remove the "out of service vehicle" sticker from any motor vehicle prior to completion of all repairs required by the "out of service" notice.
Any motor vehicle discovered to be in an unsafe condition while being operated on the highway may be continued in operation only to the nearest place where repairs can be safely effected.
Operation in an unsafe condition will be conducted only if it is less hazardous to the public than to permit the vehicle to remain on the highway.
(3) A motor carrier shall not require or permit a person to operate a motor vehicle declared out of service until all the repairs required by the out of service notice are satisfactorily completed.
(4) Any person convicted of unauthorized removal or causing to be removed an "out of service vehicle" sticker shall be fined one hundred dollars ($100).
Any person convicted of operating or causing to operate an "out of service vehicle" on a public highway shall be fined one hundred dollars ($100).
(5) In order to enforce the provisions of this section, authorized examiners, investigators, officers, or regulatory inspectors must satisfactorily complete a course of instruction as prescribed by the U.S. department of transportation (U.S. DOT), federal highway administration (FHWA), office of motor carriers (OMC) in the federal motor carrier safety regulations (FMCSR) safety inspection procedures, and out of service criteria with at least annual in-service training covering the prescribed instruction.
(6) Violations of the provisions of this section shall be recorded in the commercial vehicle inspection report approved by the U.S. department of transportation (U.S. DOT), federal highway administration (FHWA), office of motor carriers (OMC), in addition to the appropriate Rhode Island state uniform summons.
(c) Any fine imposed as a result of a violation of this section shall not be subject to any additional assessments imposed pursuant to any other laws of the state of Rhode Island.
31-23-4. Brake equipment required. -- (a) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
(b) Every motorcycle, and motor-driven cycle, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot, and which is adequate to control and stop the vehicle.
(c) Every trailer or semitrailer of a gross weight of four thousand pounds (4,000 lbs.) or more, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold the vehicle, and so designed as to be applied by the driver of the towing motor vehicle from the driver's normal operating position, and the brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle, the brakes shall be automatically applied.
(d) Every new motor vehicle, trailer, or semitrailer hereafter sold in this state and operated upon the highways shall be equipped with service brakes upon all wheels of the vehicle, except any motorcycle or motor-driven cycle, and except that any semitrailer of less than four thousand pounds (4,000 lbs.) gross weight need not be equipped with brakes.
(e) In any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.
(f) Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of those vehicles, except motorcycles and motor-driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading on a surface free from snow, ice, or loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. The operation may be assisted by the service brakes or other source of power, provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness, despite exhaustion of any source of energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.
(g) The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
(h) It shall be unlawful on or after September 1, 1967 to sell,
offer for sale, or distribute brake linings for use on motor vehicles,
unless they are of a type and meet specifications promulgated
by the registrar for motor vehicles. The registrar is hereby authorized
and empowered to adopt and amend regulations governing types and
promulgate specifications of brake linings which comply with approved
standards, as promulgated by the vehicle equipment safety commission,
and shall establish and maintain an approved list of brake linings
meeting the specifications as herein established. Any person who
violates the provisions of this section shall be guilty of a {DEL misdemeanor. DEL}
{ADD civil violation. ADD}
31-23-13. Muffler. -- Every motor vehicle shall
at all times be equipped with a muffler in good working order
and in constant operation to prevent excessive or unusual noise
and annoying smoke, and no person shall use a muffler cutout,
bypass, or similar device upon a motor vehicle on a highway. Any
exhaust system shall be deemed defective if any changes, modifications,
alterations, deletions, or adjustments have been made which would
thereby cause any exhaust system to generate a higher or louder
sound level than would be generated by the exhaust system customarily
installed by the manufacturer as original equipment. The defective
exhaust system shall be replaced or repaired to restore the exhaust
system to the performance specifications of the original equipment.
Failure to replace or restore the exhaust system as required herein
within five (5) days shall be deemed a {DEL misdemeanor. DEL} {ADD civil
violation. ADD}
31-23-41. Safety belts in public service vehicles. --
Every jitney, bus, private bus, school bus, and trackless trolley
coach, when operated upon a highway, shall be equipped with a
driver's seat safety belt device sufficiently anchored and attached
and so constructed, designed, and installed as to support a loop-load
strength of not less than five thousand pounds (5,000 lbs.) and
a buckle or closing device which shall be of such construction
and design that it can be released with one hand with a pull of
less than forty-five pounds (45 lbs.). Every person when driving
any such vehicle shall use and have his or her body anchored by
the seat safety belt. Violation of this section shall constitute
a {DEL misdemeanor. DEL} {ADD civil violation. ADD}
SECTION 12. Section 31-23.1-3 of the General Laws in Chapter 31-23.1 entitled "Vehicle Equipment Safety Compact" is hereby amended to read as follows:
31-23.1-3. Supersession of other laws. -- Provisions
of chapters 23 and 24 of this title shall continue to be of force
and effect only until superseded by a rule, regulation, or code
adopted by the general assembly pursuant to the vehicle equipment
safety compact. Any such rule, regulation, or code shall specify
the provision or provisions of existing statute being superseded
in accordance with and as required by this chapter. The provision
or provisions are hereby repealed, effective on the date when
the rule, regulation or, code superseding the provision or provisions
becomes effective pursuant to the vehicle equipment safety compact,
and any violation of the superseding provision or provisions shall
be a {DEL misdemeanor. DEL} {ADD civil violation. ADD}
SECTION 13. Sections 31-25-1 and 31-25-16 of the General Laws in Chapter 31-25 entitled "Size, Weight, and Load Limits" are hereby amended to read as follows:
31-25-1. Compliance with chapter required. -- (a)
Except in reference to sections 31-25-16 and 31-25-27 where it
shall be considered a violation, it is a {DEL misdemeanor DEL}
{ADD civil violation ADD}for any carrier to drive or move or to
cause or permit to be driven or moved on any highway any vehicle
or vehicles of a size or weight exceeding the limitations stated
in this chapter or otherwise in violation of this chapter, and
the maximum size and weight of vehicles herein specified shall
be lawful throughout this state, and local authorities shall have
no power or authority to alter the limitations except as express
authority may be granted in this chapter. The term carrier shall
include any company or person who furthers their commercial or
private enterprise by use of the vehicle.
(b) The director of the Rhode Island department of administration shall promulgate rules and regulations and requirements consistent with this chapter for the application and issuance of permits for overweight and oversize vehicles or loads.
31-25-16. Authorized weight shown in registration -- Exceeding limit. -- (a) The registrar shall insert in the registration card issued for a vehicle the gross weight for which it is registered, and if it is a truck tractor to be used for propelling semi-trailers he or she shall separately insert the total permissible gross weight of the truck tractor and semi-trailers to be propelled by it. It shall be unlawful for any carrier to operate or permit to be operated any vehicle or combination of vehicles of a gross weight in excess of that registered by the registrar or permitted by the registrar or in excess of the limitations set forth in this chapter. For the purposes of this section the term "carrier" shall mean and include any company or person who furthers their commercial or private enterprise by use of the vehicle.
(b) Penalties for violations of this section will be calculated
on the registered or permitted weight in comparison to the actual
weight {DEL . DEL} {ADD and shall be heard and adjudicated
at the traffic tribunal. ADD}
(1) The overweight penalties for vehicles with ten thousand pounds (10,000 lbs.) gross vehicle weight or less shall be forty dollars ($40.00) per thousand pounds overweight or portion thereof.
(2) The overweight penalties for vehicles exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight shall be eighty dollars ($80.00) per thousand pounds overweight or portion thereof.
(3) The overweight penalty for vehicles being operated in excess of one hundred four thousand, eight hundred pounds (104,800 lbs.) gross vehicle weight shall be one thousand dollars ($1,000) in addition to the penalties enumerated in subsection (b)(2) hereof.
SECTION 14. Sections 31-27-13 and 31-27-16 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:
{DEL 31-27-13. Misdemeanors -- Penalty. DEL} {ADD
-- 31-27-13. Offense -- Penalty. ADD} --(a) It
is a {DEL misdemeanor DEL} {ADD civil violation ADD} for any
person to violate any of the provisions of chapters 1 to 27, inclusive,
or chapter 34 of this title, unless the violation, is by the chapters
or other law of this state declared to be a felony {ADD or a misdemeanor
or unless the offense is punishable by a fine of more than five
hundred dollars ($500) or by imprisonment ADD}.
(b) Unless another penalty is provided by {DEL the DEL}
chapters {ADD 1 to 27, inclusive, or chapter 34 of this title, ADD}
or by the laws of this state, every person convicted of a misdemeanor
for the violation of any provision of the chapters shall be punished
by a fine of not more than five hundred dollars ($500) {ADD . ADD} {DEL ,
or by imprisonment for not more than one year, or by both such
fine and imprisonment. DEL}
{ADD (c) Unless another penalty is provided by chapters 1 to 27, inclusive, or chapter 34 of this title or by the laws of this state, every person convicted of a misdemeanor violation of these chapters shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. ADD}
31-27-16. Funeral processions. -- (a) Any person
who operates a motor vehicle on any of the highways of this state
in such manner as to wilfully interject a funeral cortege shall
be guilty of a {DEL misdemeanor. DEL} {ADD civil violation. ADD}
(b) For the purpose of this section, a funeral cortege is defined as a procession of motor vehicles clearly identified by operating headlights, signs, flags, or other identifying devices, as participating in a funeral.
SECTION 15. Section 31-36.1-17 of the General Laws in Chapter 31-36.1 entitled "Fuel Use Reporting Law" is hereby amended to read as follows:
31-36.1-17. Penalties. -- (a) Any motor carrier
failing to secure or display upon demand the license or identification
device required in section 31-36.1-3, or under the International
Fuel Tax Agreement shall be guilty of a {DEL misdemeanor DEL}
{ADD civil violation ADD} and subject to a fine not exceeding fifty
dollars ($50) for the first offense or not exceeding one hundred
dollars ($100) for subsequent offenses. Any motor carrier willfully
violating any other provisions of this chapter shall be deemed
guilty of a {DEL misdemeanor DEL} {ADD civil violation ADD}
and subject to a fine not exceeding one hundred dollars ($100)
for the first offense and not exceeding five hundred dollars ($500)
for subsequent offenses.
(b) Filing of a false statement to obtain credit or refund.. - Any person who willfully and knowingly makes a false statement orally, or in writing, or in the form of a receipt for the sale of motor fuel, for the purpose of obtaining or attempting to obtain or to assist any other person, partnership, or corporation to obtain or attempt to obtain a credit or refund or reduction of liability for taxes under this chapter, shall be fined not less than five thousand dollars ($5,000) or more than ten thousand dollars ($10,000) or be imprisoned not more than one year or be both so fined and imprisoned.
(c) Failure to file report or pay tax.. - When any motor carrier fails to file a report within the time prescribed by this chapter for the filing thereof or fails to pay the amount of taxes due when the same are payable, a penalty of ten percent (10%) or ten dollars ($10.00), whichever is greater, shall be added to the amount of the tax due, and the penalty shall immediately accrue, and thereafter the tax shall bear interest at the annual rate provided by section 44-1-7, as amended, until the tax is paid. The tax administrator may waive all or part of the penalties provided herein, when it is proved to the tax administrator's satisfaction that the failure to file the report or pay the taxes on time was due to reasonable cause.
SECTION 16. JOINT RESOLUTION CREATING A SPECIAL LEGISLATIVE COMMISSION TO STUDY THE IMPACT OF BUNDLING ON THE DISTRICT COURT AND THE TRAFFIC TRIBUNAL.
RESOLVED, That a special legislative commission be and the same is hereby created consisting of seven (7) members: four (4) of whom shall be from the house of representatives, not more than three (3) from the same political party to be appointed by the speaker; three (3) of whom shall be from the senate, not more than two (2) from the same political party, to be appointed by the majority leader.
In lieu of any appointment of a member of the legislature to a permanent advisory commission, a legislative study commission, or any commission created by a general assembly resolution, the appointing authority may appoint a member of the general public to serve in lieu of a legislator, provided that the majority leader or the minority leader of the political party which is entitled to the appointment consents to the appointment of the member of the general public.
The purpose of said commission shall be to study the impact of bundling on the district court and the traffic tribunal {ADD, and the impact of the changes made by this legislation on the prompt and efficient administration of justice involving traffic safetyADD}.
Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the speaker of the house and organize and shall select from among the legislators a chairperson. Vacancies in said commission shall be filled in like manner as the original appointment.
The membership of said commission shall receive no compensation for their services.
All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.
The speaker of the house is hereby authorized and directed to provide suitable quarters for said commission; and be it further
RESOLVED, That the commission shall report its findings and recommendations
to the general assembly {ADD annually, beginningADD} on or before February 1, 2000 and said
commission shall expire on {DELMay 1, 2000DEL} {ADDFebruary 1, 2003ADD}.
EFFECTIVE DATE
SECTION 1. This act shall take effect on July 1, 1999.