Senate Bill #833 (2021)

AN ACT RELATING TO MOTOR AND OTHER VEHICLES -- SIZE, WEIGHT, AND LOAD LIMITS

Transfers all responsibility for oversize/overweight permitting to the department of transportation and amends and increases fines for all oversize and overweight infractions.

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Changes since original draft

  • 2021 – S 0833
  • 2021 – S 0833 SUBSTITUTE A
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  • LC001652/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2021
  • ____________
  • A N A C T
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES – SIZE, WEIGHT, AND LOAD LIMITS
  • Introduced By: Senators Lombardo, and F Lombardi
  • Date Introduced: April 23, 2021
  • Referred To: Senate Housing & Municipal Government
  • (Dept. of Transportation)
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Sections 31-25-2, 31-25-3, 31-25-4, 31-25-5, 31-25-6, 31-25-7, 31-25-13, 31-25-14, 31-25-16, 31-25-18, 31-25-21, 31-25-22, 31-25-23, 31-25-24, 31-25-28 and 31-25-29 of the General Laws in Chapter 31-25 entitled "Size, Weight, and Load Limits" are hereby amended to read as follows:
  • 31-25-2. Vehicles exempt from limitations.
  • (a) The provisions of this chapter governing size, weight, and load shall not apply to:
  • (1) Road machinery;
  • (2) Farm vehicles, including farm tractors, temporarily moved upon a highway;
  • (3) Any vehicle owned and operated by the Rhode Island public transit authority that is designed for carrying passengers and is comprised of two (2) sections permanently joined by a hinge mechanismor anarticulatedjoint that allowsvertical andhorizontal movement and apassage for riders moving from one section to the other;
  • (4)Avehicleoperatedunderthetermsofaspecialpermitissuedasprovidedinthischapter;
  • (5) Covered heavy-duty tow and recovery vehicles;
  • (6) Emergency vehicles with a weight limit of up to a maximum gross vehicle weight of eighty-six thousand pounds (86,000 lbs.) or less than twenty-four thousand pounds (24,000 lbs.) on a single steering axle; thirty-three thousand five hundred pounds (33,500 lbs.) on a single-drive axle; sixty-two thousand pounds (62,000 lbs.) on a tandem axle; or fifty-two thousand pounds (52,000 lbs.) on a tandem rear drive steer axle; or
  • (7) Natural gas vehicles up to a maximum gross vehicle weight of eighty-two thousand pounds (82,000 lbs.) by an amount that is equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and the weight of a comparable diesel tank and fueling system.
  • (b) The provisions of this chapter governing size, weight, and load shall not apply to fire apparatus acquired by a city or town within this state prior to July 1, 1999.
  • (c) Nothing in this section shall permit these vehicles to travel over any structure, highway, or portion of highway which is weight restricted for the vehicle load.
  • 31-25-3. Maximum width.
  • (a) The total outside width of any vehicle or the load on it shall not exceed one hundred two inches (102") excluding any safety and noncargo carrying appurtenances on either motorized campers or campingrecreational vehicles. Violations of thissection are subject to fines enumerated in § 31-41.1-4.
  • (b) Any persons operating a vehicle that exceeds the maximum width, as permitted or as defined in this section, shall be fined one hundred dollars ($100) per inch over width or portion of it.
  • (b) Any carrier or persons operating a vehicle that exceeds the maximum width, as permitted oras definedinthissection,shall befinedonehundreddollars($100) perinchover width or portion of it
  • 31-25-4. Maximum height.
  • (a) No vehicle including any load on it shall exceed a height of one hundred sixty-two inches (162"). Violations of this section are subject to fines enumerated in § 31-41.1-4.
  • (b) Any persons operating a vehicle that exceeds the maximum height, as permitted or as defined in this section, shall be fined five hundred dollars ($500) per inch over height or portion of it.
  • (b) Any carrier or persons operating a vehicle that exceeds the maximum height, as permitted or as defined in this section, shall be fined five hundred dollars ($500) per inch over height or portion of it.
  • 31-25-5. Maximum length of single vehicle and load.
  • (a) No vehicle, including any load on it, except Rhode Island public transit authority articulated buses, shall exceed a length of forty feet (40') extreme overall dimension inclusive of front and rear bumpers, or in the case of a motor bus, motorized camper or camping recreational vehicle forty-five feet (45').
  • (b) Any persons operating a vehicle that exceeds the maximum length, as permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over length or portion of it.
  • (b) Any carrier or persons operating a vehicle that exceeds the maximum length, as permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over length or portion of it.
  • 31-25-6. Maximum number and length of coupled vehicles.
  • (a) No combination of vehicles coupled together shall consist of more than three (3) units, a truck-tractor, semi-trailer, and trailer. The combination of vehicles shall not be restricted in overall length, except that when a truck-tractor, semi-trailer, and a trailer are used in combination, the trailer or semi-trailer each shall not exceed twenty-eight and one-half feet (28' 6"), excluding bumpers and accessories. Provided, however, that combinations of vehicles consisting of three (3) units shall be permitted to operate only on the interstate highway system and on those highways, streets, and roads designated by the director of the department of transportation.
  • (b) Combinations of vehicles consisting of truck-tractor and semi-trailer coupled together shall not be restricted in overall length, and semi-trailers shall not exceed fifty-three feet (53') in length, excluding bumpers and accessories. Towaway trailer transporter combinations shall not be restricted to an overall length limitation of less than eighty-two feet (82'). Semi-trailers exceeding forty-eight and one-half feet (48' 6") shall be permitted to operate only on the interstate highway system and on those highways, streets, and roads designated by the director of the department of transportation. Exceptions to the requirements of this section include the use of a pole trailer and combinations designed to transport motor vehicles and/or automobiles as authorized in §§ 31-25-7 and 31-25-8. The provision that no combination of vehicles coupled together shall consist of more than three (3) units shall not apply to vehicles coupled together by a saddle mount device used to transport motor vehicles in a drive-away service when no more than three (3) saddle mounts are used,andequipment usedinthecombinationisapprovedbyPart 393.71ofthefederal motorcarrier safety regulations, 49 C.F.R. § 393.71, and safety regulations of the division of motor vehicles of the department of revenue of the state of Rhode Island as this federal and/or state legislation may be amended or revised fromtime to time. Anyowner or operator found deviatingfromthe approval approved permittedroutes shall be fineda minimum mandatoryfine of five hundreddollars($500), but not more than one thousand dollars ($1,000).
  • (c) The distance from the kingpin of the trailer to the center of the rear axle may not exceed forty-one feet (41').
  • (d) Fifty-three foot (53') trailers shall be equipped with a rear-end protection device of substantial construction consisting of a continuous lateral beam extending to within four inches (4") of the lateral extremities of the trailer, and located not more than twenty-two inches (22") from the surface of the road as measured with the vehicle empty and on level surface.
  • (e) Violations of this section are subject to fines enumerated in § 31-41.1-4. Any persons operating a vehicle or combination of vehicles that exceed the maximum number or length of coupled vehicles, as permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over length or portion of it.
  • (e) Violations of this section are subject to fines enumerated in § 31-41.1-4. Any carrier or persons operatinga vehicleor combination of vehiclesthat exceeds the maximumnumber orlength of coupled vehicles, as permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over length or portion of it
  • 31-25-7. Front and rear extensions of load.
  • (a) Subject to the provisions of this chapter limiting the length of vehicles and loads, the load upon any vehicle, operated alone or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet (3') beyond the foremost part of the vehicle, and the loaduponanyvehicle,operatedaloneortheloadupontherearvehicleofacombinationofvehicles, shall not extend more than six feet (6') beyond the rear of the bed or body of the vehicle. Violations of this section are subject to fines enumerated in § 31-41.1-4.
  • (b) Any persons operating a vehicle that exceeds the maximum extensions of load, as permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over length or portion of it.
  • (b) Any carrier or persons operating a vehicle that exceeds the maximum extensions of load, as permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over length or portion of it.
  • 31-25-13. Axle load limit.
  • (a) The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed twenty-two thousand four hundred pounds (22,400 lbs.).
  • (b) For the purposes of this chapter, "axle load" is defined as the total load transmitted to theroadbyallwheelswhosecentersareincludedbetweentwo(2)paralleltransverseverticalplanes forty inches (40") apart, extending across the full width of the vehicle.
  • (c) Violations of this section are subject to fines enumerated in § 31-41.1-4 § 31-25-14.
  • 31-25-14. Maximum weight and tandem axles.
  • (a) It shall be unlawful to transport or operate over or upon any public highway in this state any vehicle equipped with tandem axles, should the gross weight of the axles exceed thirty-six thousand pounds (36,000 lbs.) if the axle spacing does not exceed eight feet (8').
  • (b) With respect to all public highways, the overall gross weight on a group of two (2) or more consecutive axles of a vehicle or combination of vehicles, shall be determined by the following bridge gross weight formula:
  • W = 500 [(LN /(N-1)) + 12N + 36]
  • where W = the overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds (500 lbs.); L = the distance in feet between the extremes of any group of two(2) or more consecutive axles; and N= the number of axles inthe group under consideration. Thisoverall grossweight ofanyvehicleorcombinationofvehiclesmaynot exceedeightythousand pounds (80,000 lbs.) except as specified in §§ 31-25-1, 31-25-2, and 31-25-21.
  • (c)Inanycalculationusingtheformulainsubsection(b)ofthissectioninwhichthetandem axle limit is less than thirty-six thousand pounds (36,000 lbs.), thirty-six thousand pounds (36,000 lbs.) shall beconsideredthelegal limit.Single axlelimits shall beas definedin§ 31-25-13. Nothing in this chapter shall be construed to abrogate any of the "grandfather rights" in existence as of April 1, 1989.
  • (d) Penalties.
  • (1) Any carrier, as defined in § 31-25-16, persons operating a vehicle or combination of vehicles that exceeds the weight limits of tandem-axle vehicles, as defined in this section, shall be fined one hundred twenty-five dollars ($125) per one hundred pounds (100 lbs.) overweight or portion of it.
  • (2) Any carrier, as defined in § 31-25-16, persons operating a vehicle or combination of vehicles that exceeds the weight limits of twenty-two thousand four hundred pounds (22,400 lbs.) single axle limits as cited in § 31-25-13, shall be fined one hundred twenty-five dollars ($125) per one hundred pounds (100 lbs.) overweight or portion of it.
  • (3) Any carrier, as defined in § 31-25-16, persons operating a vehicle or combination of vehicles that exceeds the bridge gross weight formula, as defined in this section, shall be fined one hundred twenty-five dollars ($125) are subject to fines enumerated in § 31-25-16(c)(2) through (4).
  • (1) Any carrier, as defined in § 31-25-16, or persons operating a vehicle or combination of vehicles that exceeds the weight limits of tandem-axle vehicles, as defined in this section, shall be fined one hundred twenty-five dollars ($125) per one hundred pounds (100 lbs.) overweight or portion of it.
  • (2) Any carrier, as defined in § 31-25-16, or persons operating a vehicle or combination of vehicles that exceeds the weight limits of twenty-two thousand four hundred pounds (22,400 lbs.) single axle limits as cited in § 31-25-13, shall be fined one hundred twenty-five dollars ($125) per one hundred pounds (100 lbs.) overweight or portion of it.
  • (3) Any carrier, as defined in § 31-25-16, or persons operating a vehicle or combination of vehicles that exceeds the bridge gross weight formula, as defined in this section, shall be fined one hundred twenty-five dollars ($125) are subject to fines enumerated in § 31-25-16(c)(2) through (4).
  • 31-25-16. Authorized weight shown in registration – Exceeding limit.
  • (a) The administrator of the division of motor vehicles shall insert in the registration card issued for a vehicle the gross weight for which it is registered. 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 or permitted by the administrator of the division of motor vehicles, permitted by the department of transportation, or in excess of the limitations set forth in this chapter.
  • (b) For the purposes of this section, "carrier" means and includes any company or person who furthers their commercial or private enterprise by use of the vehicle.
  • (b) For the purposes of this section chapter 25 of title 31, "carrier" means and includes any company or person who furthers their commercial or private enterprise by use of the vehicle.
  • (c)(1) Penalties for violations of this section will be calculated on the registered or permitted legal weight in comparison to the actual weight and shall be heard and adjudicated at the traffic tribunal.
  • (2) The overweight penalties for vehicles with ten thousand pounds (10,000 lbs.) gross vehicle weight or less shall be eighty-five dollars ($85.00) per thousand pounds overweight or portion of it.
  • (3) The overweight penalties for vehicles exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight shall be one hundred twenty-five dollars ($125.00) per thousand five hundred pounds (500 lbs.) overweight or portion of it.
  • (4) 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 twenty- five dollars ($1,025) in addition to the penalties enumerated in subsection (b)(2) (c)(3) of this section.
  • (5) The overweight penalty for vehicles being operated in excess of one hundred thirty thousand pounds (130,000 lbs.) gross vehicle weight shall be two thousand five hundred dollars ($2,500) in addition to the penalties enumerated in subsection (c)(3) of this section.
  • 31-25-18. Weighing of suspected overweight vehicles.
  • Anyproperofficerhavingreasontobelievethattheweightofavehicleandloadisunlawful is authorized to require thedriver to stop andsubmit toa weighingof the vehicle and load bymeans of either portable or stationary scales, and may require that the vehicle be driven to the nearest available stationary scales. Any vehicle found to be operating in excess of their registered, permitted, and/or legal weight limits may be fined and released, required to reduce weight or dimensionsto legal, and/orrequired to pursue alegal permit at the officer'sdiscretion. Anypersons or company found to have pending motor vehicle fines in excess of ten thousand dollars ($10,000) shall have their permit privileges within the state suspended until pending fines are paid.
  • Anyproperofficerhavingreasontobelievethattheweightofavehicleandloadisunlawful is authorized to require thedriver to stop andsubmit toa weighingof the vehicle and load bymeans of either portable or stationary scales, and may require that the vehicle be driven to the nearest available stationary scales. Any carrier or persons found to be operating in excess of their registered, permitted, and/or legal weight limits may be fined and released, required to reduce weight or dimensions to legal, and/or required to pursue a legal permit at the officer's discretion. Any carrier or persons found to have pending motor vehicle fines in excess of ten thousand dollars ($10,000) may have their permit privileges suspended until pending fines are paid.
  • 31-25-21. Power to permit excess size or weight of loads.
  • (a) The department of transportation, with respect to highways under its jurisdiction, may, in its discretion, upon application in writing and good cause being shown for it, approve the issuance of a special permit in writing by the division of motor vehicles authorizing the applicant to operate or move a vehicle, or combination of vehicles, of a size or weight of vehicle or load exceeding eighty thousand pounds (80,000 lbs.) or otherwise not in conformity with the provisions of chapters 1 – 27 of this title upon any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible. Permits that have been issued for a full year shall not be required to be renewed for the period of time for which payment has been madeandtheapplicationandotherrequireddocumentationhasbeencompletedandfiled.Provided, that neither the department of transportation nor the local authorities may approve the issuance of permits for divisible loads weighing in excess of one hundred four thousand-eight hundred pounds (104,800lbs.),grossvehicleweight,forfive-axle(5)vehiclesandseventy-sixthousandsixhundred fifty pounds (76,650 lbs.), gross vehicle weight, for three-axle (3) vehicles the limits set by the director of the department of transportation by and through the rules and regulations promulgated by the department of transportation entitled "rules and regulations regarding overweight and oversize vehicle permits".
  • (1) Provided, however, that for milk products, any vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided.
  • (b) The director of the department of transportation may enter into agreements with other states, the District of Columbia, and Canadian provinces providing for the reciprocal enforcement of the overweight or over-dimensional vehicle permit laws of those jurisdictions entering into the agreement.
  • (c) Trip permit fee Single trip non-divisible permit fee. A fee of forty dollars ($40.00) shall be paid to the division of motor vehicles department of transportation for the issuance of each non- reducible vehicle or load non-divisible single trip permit; provided, however, applicants seeking a permit for a non-divisible load exceeding one hundred thirty thousand pounds (130,000 lbs.) shall pay a fee of three hundred dollars ($300.00) to the division of motor vehicles for consideration of a special trip permit approved by the department of transportation pursuant to subsection (e). Upon approval oftheapplication,thedepartment of transportationshall providetheapproved permit.The driver must possess the permit and documentation as required by the permit at all times.
  • (d) Annual fee Annual construction equipment blanket permit fee. An annual fee of four hundred dollars ($400) paid to the division of motor vehicles department of transportation shall exempt the payor from the necessity of paying single trip permit fees for non-divisible construction equipment loads of less than one hundred thirty thousand pounds (130,000 lbs.) as found in subsection (c). However, payment of the fee shall not be deemed to authorize non-compliance with the rules and regulations promulgated by the department of transportation entitled "State of Rhode Island Manual for Overweight and Oversize Vehicle Permits." "rules and regulations regarding overweight and oversize vehicle permits".
  • (e) Blanket construction equipment permits may be issued, as determined by the department of transportation, for intrastate movement of non-reducible non-divisible construction equipment loads upon payment of the fee set forth in subsection (d). If used in conjunction with an annual divisible load permit, the limits and requirements of the blanket construction equipment permit shall supersede the requirements of the divisible load permit. The driver must possess both permits and required documentation. The duration of the blanket permit may not exceed one year,. The and the construction equipment permit load shall be limited to a minimum overall length of fifty-five feet (55'), a maximum overall length of eighty feet (80'), and a maximum width of twelve feet four inches (12' 4"), provided that neither the division of motor vehicles nor local authorities may issue blanket permits for non-divisible loads weighing in excess a maximum gross weight of one hundred thirty thousand pounds (130,000 lbs.) on less than six (6) axles, with individual axle weights exceeding and a maximum axle weight of twenty-five thousand pounds (25,000 lbs.); provided, further, that the department of transportation, with respect to highways under its jurisdiction, may, in its discretion and upon application and for good cause shown, approve the issuance of a special single trip non-divisible permit authorizing the applicant to exceed one hundred thirty thousand pounds (130,000 lbs.) for non-divisible loads. A flashing amber light shall be in operation above the highest point of the vehicle and shall be visible from both the front and rear of the vehicle; and signs and red warning flags shall be affixed to all extremities. All blanket permits issued in accordance with this section shall be effective during daylight and night-time hours for all over-dimensional moves made and travel shall be allowed on state highways.
  • (f) Permission to travel is always subject to weather and road conditions. The following restrictions on travel times shall apply to:
  • (e) Blanket construction equipment permits may be issued, as determined by the department of transportation, for intrastate movement of non-reducible non-divisible construction equipment loads upon payment of the fee set forth in subsection (d). If used in conjunction with an annual divisible load permit, the limits and requirements of the blanket construction equipment permit shall supersede the requirements of the divisible load permit. The driver must possess both permits and all required documentation The duration of the blanket permit may not exceed one year,. The and the construction equipment permit load shall be limited to a minimum overall length of fifty-five feet (55'), a maximum overall length of eighty feet (80'), and a maximum width of twelve feet four inches (12' 4"), provided that neither the division of motor vehicles nor local authorities may issue blanket permits for non-divisible loads weighing in excess a maximum gross weight of one hundred thirty thousand pounds (130,000 lbs.) on less than six (6) axles, with individual axle weights exceeding and a maximum axle weight of twenty-five thousand pounds (25,000 lbs.); provided, further, that the department of transportation, with respect to highways under its jurisdiction, may, in its discretion and upon application and for good cause shown, approvetheissuanceofa special singletripnon-divisible permitauthorizingtheapplicanttoexceed one hundred thirty thousand pounds (130,000 lbs.) for non-divisible loads. A flashing amber light shall be in operation above the highest point of the vehicle and shall be visible from both the front and rear of the vehicle; and signs and red warning flags shall be affixed to all extremities. All blanket permits issued in accordance with this section shall be effective during daylight and night- time hours for all over-dimensional moves made and travel shall be allowed on state highways.
  • (f) Permission to travel is always subject to weather and road conditions. The following restrictions on travel times shall apply to all vehicles over eight feet six inches (8'6") wide, over eighty feet (80') long, or over one hundred thirty thousand pounds (130,000 lbs.):
  • (1) Freeways – in general and arterial roadways.
  • No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm and 7:00 pm, Monday through Friday on any day of the week.
  • (2) Arterial roadways.
  • No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm and 7:00 pm, Monday through Friday.
  • (3)(2) Holidays.
  • Memorial Day, Victory Day, Labor Day, Dr. Martin Luther King Jr. Day, and Columbus Day – No Saturday, Sunday, or Monday day or night travel.
  • Thanksgiving Day – No Wednesday night or Thursday day or night travel. No travel on Wednesday through Sunday of Thanksgiving week in any calendar year.
  • Independence Day, Veterans Day, Christmas Day, New Year's Day – No day or night travel and no travel the previous night.
  • Easter Sunday. No Saturday night or Sunday travel.
  • (3) Violations of this section are subject to fines enumerated in § 31-25-24.
  • (f)(g) Construction equipment blanket permits shall not be granted for travel over the following bridges:
  • Blackstone River Viaduct 750 carrying I-295 northbound and southbound over the Blackstone River;
  • Kingston Road Bridge No. 403 carrying I-95 northbound and southbound over Kingston Road.
  • (g)(h) Travel of blanket permitted construction equipment through zones with reductions in lane width such as construction zones will not be allowed. Prior to travel, blanket permit holders are responsible to verify the location of construction zones and lane width reductions. Locations of lane width reduction zones are available through the state department of transportation's construction office.
  • (i) Upon approval of the annual construction equipment blanket permit application, the department of transportation shall provide the approved permit. The driver must possess the permit and documentation as required by the permit at all times.
  • (j) Any carrier or persons found to be operating without a requirement permit, or in excess of their permit limits, three (3) times within a one year period shall be revoked of their ability to use and receive permits within the state for up to thirty (30) days. Additional violations shall result in revocation of up to ninety (90) days.
  • (k) Operation of any vehicle in excess of the requirements of any permit shall void that permit and result in the imposition of fines as provide in this chapter.
  • (j) Any carrier or persons found to be operating without a required permit, or in excess of their permit limits, three (3) times within a one year period shall be revoked of their ability to use and receive permits within the state for up to thirty (30) days. Additional violations shall result in revocation of up to ninety (90) days.
  • (k) Operation of any vehicle in excess of the requirements of any permit shall void that permit and result in the imposition of fines as provided in this chapter.
  • 31-25-22. Application for excess load permit Application for annual divisible load permit.
  • (a) The application for an excess load permit annual divisible load permit pursuant to § 31- 25-21 shall specifically describe the vehicle or vehicles and load to be operated or moved, and the particularhighwaysforwhichthepermittooperateisrequested andwhetherthepermit isrequested for a single trip or for continuous operation.
  • (b) For continuous operation of divisible loads load permits, the specifically described vehicle or vehicles must be certified originally by the manufacturer of them to possess the braking and carrying capacity for the weight specified on the application.
  • (c) Upon approval of the application or renewal of divisible load permits, the department of revenue transportation shall provide identification devices to be placed on the lower left corner ofthedriver'ssideofthewindshieldfortrucksandtractorsand onthefrontleft corner ofthedriver's side for trailers the approved permit. The driver must possess the permit and documentation as required by the permit at all times.
  • (c) Upon approval of the application or renewal of divisible load permits, the department of revenue transportation shall provide identification devices to be placed on the lower left corner ofthedriver'ssideofthewindshieldfortrucks andtractorsandonthefrontleft corner ofthedriver's side for trailers the approved permit. The driver must possess the permit and documentation as required by the permit at all times.
  • (d) Any motor carrier that has been granted a divisible load permit and has not displayed a sticker as required in subsection (c) of this section shall be subject to a fine not exceeding fifty dollars ($50.00) for the first offense or not exceeding one hundred dollars ($100) for subsequent offenses.
  • (e)(d) Divisible load permit fees for Rhode Island registered vehicles are reflected in the registration fee as enumerated in § 31-6-1(a)(2).
  • (f)(e) Divisible load permit fees for out-of-state registered vehicles are as follows: Trailers $100 flat fee 2, 3, or 4 axle Single-unit trucks $50.00 per 1,000 pounds over legal limit
  • maximum $1,500 for 76,650 pounds Maximum permittable loads for single unit trucks:
  • 2 axle - legal weight only per § 31-25-14 (b), (c).
  • 3+ axle - 76,650 lbs.
  • Not to exceed Manufacturer GVWR. Tractors $50.00 per 1,000 over legal limit
  • Not to exceed Manufacturer GVWR. Tractors $50.00 per 1,000 over legal limit
  • maximum $1,250 for 104,800 pounds. Tractors may acquire a permit for up to 104,800 lbs. however the allowable gross weight depends on the total number of axles of the tractor/semi-trailer/trailer configuration being used at the time. Gross weight limits for tractor/semi-trailer/trailer configurations are as follows:
  • 3 axle – 62,000 lbs.
  • 4 axle – 87,000 lbs.
  • 5+ axle – 104,800 lbs Transfer fee $10.00
  • (g) For the purpose of this section, the "legal limit" is defined as the maximum weight as calculated by the Bridge Formula.
  • (h) Annual divisible load permits are issued for overweight only and not over-dimensional.
  • (i) If the annual divisible load permit is used in conjunction with an annual construction equipmentblanket permit,thelimitsandrequirementsoftheblanketconstructionequipment permit shall supersede the requirements of the divisible loan permit. The driver must possess both permits and all requirement documentation. This shall only apply when divisible load and trailered construction equipment are carried simultaneously.
  • (i) If the annual divisible load permit is used in conjunction with an annual construction equipmentblanket permit,thelimitsandrequirementsoftheblanketconstructionequipment permit shall supersede the requirements of the divisible load permit. The driver must possess both permits andall requireddocumentation.Thisshall onlyapplywhendivisibleloadandtraileredconstruction equipment are carried simultaneously.
  • (j) Violations of this section are subject to fines enumerated in § 31-25-16.
  • 31-25-23. Conditions and restrictions on excess load permits.
  • (a) The department of revenue transportation or local authority is authorized to issue or withhold a permit at its discretion, or if the permit is issued, to limit the number of trips, or to establish seasonal or other time limitations within which the described vehicles may be operated on the indicated highways, or otherwise to limit or prescribe conditions of operation of the vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces, or structures, and may require any undertaking or other security that may be deemed necessary to compensate for any injury to any roadway or road structure.
  • (b) Whenever a permit is issued by the department of revenue transportation or local authority for continuous operation, the permit shall not be issued for a period in excess of the registration date of the subject vehicle.
  • (c) Upon re-registration of the subject vehicle, permits shall be issued by the department of revenue transportation or local authority, upon the re-certification of the braking and carrying capacity of the subject vehicle as specified on the expired permit.
  • 31-25-24. Carrying and inspection of excess load permits Carrying and inspection of permits.
  • Every permit, including all documentation required by that permit, issued under §§ 31-25- 21 – 31-25-23 shall be carried in the vehicle to which it refers and shall be open to inspection by any proper officer or authorized agent of any authority granting the permit. No person shall violate any of the terms or conditions of the special permit. Violations of this section are subject to fines enumerated in § 31-41.1-4.
  • Every permit, including all documentation required by that permit, issued under §§ 31-25- 21 – 31-25-23 shall be carried in the vehicle to which it refers and shall be open to inspection by any proper officer or authorized agent of any authority granting the permit. No person shall violate any of the terms or conditions of the special permit. Violations of this section are subject to fines enumerated in § 31-41.1-4.
  • 31-25-28. Liability for damages from excess weight Liability for damages from oversize or overweight.
  • (a) Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any illegal operation, driving, or moving of the vehicle, object, or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the maximum weight, or over the maximum dimensions in this chapter but authorized by a special permit issued as provided in this chapter.
  • (b) Whenever the driver is not the owner of a vehicle, object, or contrivance, but is so operating,driving,ormovingit withtheexpressorimpliedpermissionoftheowner,thentheowner and driver shall be jointly and severally liable for the damage.
  • (c) Damage may be recovered in a civil action brought by the authorities in control of the highway or highway structure.
  • 31-25-29. Refuse-hauling vehicles – Exemption from permit.
  • Notwithstandinganycontraryprovisionsofthischapter,amotorvehicledesignedandused for the hauling of refuse shall not be subject to state axle weight restrictions when hauling refuse. Nothing in this provision shall waive or modify existing state gross weight restrictions for refuse vehicles or other size and weight restrictions. To the extent that application of this section to highways which are part ofthe national systemof interstate and defense highways would cause this state to be deprived of any federal funds for highway purposes, this section shall not be applicable to highways which are part of the system. Nothing in this section shall permit these vehicles to travel over any structure, highway, or portion of highway which is weight restricted for the vehicle load.
  • SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled "Adjudication of Traffic Offenses" is hereby amended to read as follows:
  • 31-41.1-4. Schedule of violations.
  • (a) The penalties for violations of the enumerated sections, listed in numerical order, correspond to the fines described. However, those offenses for which punishments may vary accordingtotheseverityoftheoffense, orpunishment that requiretheviolatortoperforma service, shall be heard and decided by the traffic tribunal or municipal court. The following violations may be handled administratively through the method prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations.
  • VIOLATIONS SCHEDULE Sections of Total General Laws Fine 8-8.2-2 DOT, DEM, or other agency and department violations $85.00 24-10-17 Soliciting rides in motor vehicles 85.00 24-10-18 Backing up prohibited 85.00 24-10-20 Park and ride lots 85.00 24-12-37 Nonpayment of toll 100.00 31-3-12 Visibility of plates 85.00 31-3-18 Display of plates 85.00 31-3-32 Driving with expired registration 85.00 31-3-34 Failure to notify division of change of address 85.00 31-3-35 Notice of change of name 85.00 31-3-40 Temporary plates – dealer issued 85.00 31-4-3 Temporary registration – twenty-day (20) bill of sale 85.00 31-10-10 Rules as to armed forces license 85.00 31-10-30 Driving on expired license 85.00 31-10-32 Notice of change of address 85.00 31-10.1-4 No motorcycle helmet (operator) 85.00 31-10.1-5 Motorcycle handlebar violation 85.00 31-10.1-6 No motorcycle helmet (passenger) 85.00 31-10.1-7 Inspection of motorcycle required 85.00 31-12-12 Local motor vehicle ordinance 85.00 31-13-4 Obedience to devices 85.00 31-13-6(3)(i) Eluding traffic light 85.00 31-13-9 Flashing signals 85.00 31-13-11 Injury to signs or devices 85.00 31-14-1 Reasonable and prudent speed 95.00 31-14-3 Condition requiring reduced speed 95.00 31-14-9 Below minimum speed 95.00 31-14-12 Speed limit on bridges and structures 95.00 31-15-1 Leaving lane of travel 85.00 31-15-2 Slow traffic to right 85.00 31-15-3 Operator left of center 85.00 31-15-4 Overtaking on left 85.00 31-15-5(a) Overtaking on right 85.00 31-15-6 Clearance for overtaking 85.00 31-15-7 Places where overtaking prohibited 85.00 31-15-8 No passing zone 85.00 31-15-9 One way highways 85.00 31-15-10 Rotary traffic islands 85.00 31-15-11 Laned roadway violation 85.00 31-15-12 Following too closely 85.00 31-15-12.1 Entering intersection 100.00 31-15-13 Crossing center section of divided highway 85.00 31-15-14 Entering or leaving limited access roadways 85.00 31-15-16 Use of emergency break-down lane for travel 85.00 31-15-17 Crossing bicycle lane 85.00 31-15-18 Unsafe passing of person operating a bicycle 85.00 31-16-1 Care in starting from stop 85.00 31-16-2 Manner of turning at intersection 85.00 31-16-4 U turn where prohibited 85.00 31-16-5 Turn signal required 85.00 31-16-6 Time of signaling turn 85.00 31-16-7 Failure to give stop signal 85.00 31-16-8 Method of giving signals 85.00 31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00
  • second and subsequent offense not to exceed 500.00 31-17-1 Failure to yield right of way 85.00 31-17-2 Vehicle turning left 85.00 31-17-3 Yield right of way (intersection) 85.00 31-17-4 Obedience to stop signs 85.00 31-17-5 Entering from private road or driveway 85.00 31-17-8 Vehicle within right of way, rotary 85.00 31-17-9 Yielding to bicycles on bicycle lane 85.00 31-18-3 Right of way in crosswalks first violation 85.00
  • second and subsequent offense not to exceed 500.00 31-17-1 Failure to yield right of way 85.00 31-17-2 Vehicle turning left 85.00 31-17-3 Yield right of way (intersection) 85.00 31-17-4 Obedience to stop signs 85.00 31-17-5 Entering from private road or driveway 85.00 31-17-8 Vehicle within right of way, rotary 85.00 31-17-9 Yielding to bicycles on bicycle lane 85.00 31-18-3 Right of way in crosswalks first violation 85.00
  • second violation or any subsequent violation $100.00 31-18-5 Crossing other than at crosswalks 85.00 31-18-8 Due care by drivers 85.00 31-18-12 Hitchhiking 85.00 31-18-18 Right of way on sidewalks 85.00 31-19-3 Traffic laws applied to bicycles 85.00 31-19-20 Sale of new bicycles 85.00 31-19-21 Sale of used bicycles 85.00 31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 31-20-1 Failure to stop at railroad crossing 85.00 31-20-2 Driving through railroad gate 85.00 31-20-9 Obedience to stop sign 85.00 31-21-4 Places where parking or stopping prohibited 85.00 31-21-14 Opening of vehicle doors 85.00 31-21-18 Electric vehicle charging station restriction 85.00 31-22-2 Improper backing up 85.00 31-22-4 Overloading vehicle 85.00 31-22-5 Violation of safety zone 85.00 31-22-6 Coasting 85.00 31-22-7 Following fire apparatus 85.00 31-22-8 Crossing fire hose 85.00 31-22-9 Throwing debris on highway – snow removal 85.00 31-22-11.5 Improper use of school bus– not to exceed five hundred dollars
  • for each day of improper use ($500) 31-22-22(a) No child restraint 85.00 31-22-22(a) Child restraint/seat belt but not in any rear seating pos85.00 31-22-22(b), (f) No seat belt – passenger 40.00 31-22-22(g) No seat belt – operator 40.00 31-22-23 Tow trucks – proper identification 275.00 31-22-24 Operation of interior lights 85.00 31-23-1(b)(2) U.S. department of transportation motor carrier safety rules
  • and regulations Not less than $85.00
  • or more than $500.00 31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00 31-23-1(e)(7) Operation of an "out of service vehicle" 100.00 31-23-2(b) Installation or adjustment of unsafe or prohibited parts,
  • equipment, or accessories:
  • (first offense) 250.00
  • (second offense) 500.00
  • (third and subsequent offenses) 1,000.00 31-23-4 Brake equipment required 85.00 31-23-8 Horn required 85.00 31-23-10 Sirens prohibited 85.00 31-23-13 Muffler required 85.00 31-23-13.1 Altering height or operating a motor vehicle with an
  • altered height 85.00 31-23-14 Prevention of excessive fumes or smoke 85.00 31-23-16 Windshield and window stickers (visibility) 85.00 31-23-17 Windshield wipers 85.00 31-23-19 Metal tires prohibited 85.00 31-23-20 Protuberances on tires 85.00 31-23-26 Fenders and wheel flaps required 85.00 31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00 31-23-29 Flares or red flag required over four thousand pounds
  • (4,000 lbs.) 85.00 31-23-40 Approved types of seat belt requirements 85.00 31-23-42.1 Special mirror – school bus 85.00 31-23-43 Chocks required (1 pair) – over four thousand pounds
  • (4,000 lbs.) 85.00 31-23-45 Tire treads – defective tires 85.00 31-23-47 Slow moving emblem required 85.00 31-23-49 Transportation of gasoline – passenger vehicle 85.00 31-23-51 Operating bike or motor vehicle wearing ear phones
  • (first offense) 85.00
  • second offense 95.00
  • for the third and each subsequent offense 140.00 31-24-1 through 31-24-54 Times when lights required 85.00 31-25-3 Maximum width of one hundred and two inches (102")
  • or more than $500.00 31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00 31-23-1(e)(7) Operation of an "out of service vehicle" 100.00 31-23-2(b) Installation or adjustment of unsafe or prohibited parts,
  • equipment, or accessories:
  • (first offense) 250.00
  • (second offense) 500.00
  • (third and subsequent offenses) 1,000.00 31-23-4 Brake equipment required 85.00 31-23-8 Horn required 85.00 31-23-10 Sirens prohibited 85.00 31-23-13 Muffler required 85.00 31-23-13.1 Altering height or operating a motor vehicle with an
  • altered height 85.00 31-23-14 Prevention of excessive fumes or smoke 85.00 31-23-16 Windshield and window stickers (visibility) 85.00 31-23-17 Windshield wipers 85.00 31-23-19 Metal tires prohibited 85.00 31-23-20 Protuberances on tires 85.00 31-23-26 Fenders and wheel flaps required 85.00 31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00 31-23-29 Flares or red flag required over four thousand pounds
  • (4,000 lbs.) 85.00 31-23-40 Approved types of seat belt requirements 85.00 31-23-42.1 Special mirror – school bus 85.00 31-23-43 Chocks required (1 pair) – over four thousand pounds
  • (4,000 lbs.) 85.00 31-23-45 Tire treads – defective tires 85.00 31-23-47 Slow moving emblem required 85.00 31-23-49 Transportation of gasoline – passenger vehicle 85.00 31-23-51 Operating bike or motor vehicle wearing ear phones
  • (first offense) 85.00
  • second offense 95.00
  • for the third and each subsequent offense 140.00 31-24-1 through 31-24-54 Times when lights required 85.00 31-25-3 Maximum width of one hundred and two inches (102")
  • exceeded 85.00 31-25-4 Maximum height of one hundred sixty-two inches (162")
  • exceeded 85.00 31-25-6 Maximum number and length of coupled vehicles 500.00 31-25-7 Load extending three feet (3') front, six feet (6') rear
  • exceeded 85.00 31-25-9 Leaking load 85.00 31-25-11 Connections between coupled vehicles 85.00 31-25-12 Towing chain, twelve-inch (12") square flag required 85.00 31-25-12.1 Tow truck – use of lanes
  • (first offense) 85.00
  • second offense 95.00
  • for the third and each subsequent offense 100.00 31-25-14(d)(1) Maximum weight and tandem axles 125.00 31-25-14(d)(2) Maximum weight and tandem axles 125.00 31-25-14(d)(3) Maximum weight and tandem axles 125.00 31-25-16(c)(2) Maximum weight shown in registration per thousand lbs.
  • overweight or portion thereof 85.00 31-25-16(c)(3) Maximum weight shown in registration per thousand lbs.
  • overweight or portion thereof. 125.00 31-25-16(c)(4) Maximum weight shown in registration 1,025.00
  • plus per thousand pounds overweight or portion thereof$125.00 31-25-17 Identification of trucks and truck-tractors
  • (first offense) 85.00
  • (second offense) 95.00
  • for the third and subsequent offenses 125.00 31-25-24 Carrying and inspection of excess load limit 175.00 350.00 31-25-27(c) Maximum axle
  • (first offense) 3,000.00
  • not to exceed 5,000.00
  • for each and every subsequent offense 31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River
  • Bridge
  • (first offense) 3,000.00
  • not to exceed 5,000.00
  • for each and every subsequent offense 31-27-2.3 Refusal to take preliminary breath test 85.00 31-28-7(d) Wrongful use of handicapped parking placard 500.00 31-28-7(f) Handicapped parking space violation:
  • First offense 100.00
  • Second offense 175.00
  • Third offense and subsequent offenses 325.00 31-28-7.1(e) Wrongful use of institutional handicapped parking
  • placard 125.00 31-33-2 Failure to file accident report 85.00 31-36.1-17 No fuel tax stamp (out-of-state) 85.00
  • and not exceeding for subsequent offense ($100) 31-38-3 No inspection sticker 85.00 31-38-4 Violation of inspection laws 85.00 31-41.3-15 Automated school-zone-speed-enforcement system 50.00 31-47.2-6 Heavy-duty vehicle emission inspections:
  • First offense 125.00
  • Second offense 525.00
  • Third and subsequent offenses 1,025.00 37-15-7 Littering not less than 55.00
  • not more than five hundred dollars ($500) 39-12-26 Public carriers violation 300.00
  • SPEEDING Fine (A) One to ten miles per hour (1-10 mph) in excess of posted speed limit $ 95.00 (B) Eleven miles per hour (11 mph) in excess of posted speed limit with a fine 205.00 of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. minimum
  • (b) In addition to any other penalties provided by law, a judge may impose the following penalties for speeding:
  • (1) For speeds up to and including ten miles per hour (10 m.p.h.) over the posted speed limit on public highways, a fine as providedfor in subsection (a) of this section for the first offense; ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the third and any subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to thirty (30) days.
  • (2) For speeds in excess of ten miles per hour (10 m.p.h.) over the posted speed limit on public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60) days.
  • (c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person charged with a violation who pays the fine administratively pursuant to this chapter shall not be subject to any additional costs or assessments, including, but not limited to, the hearing fee established in § 8-18-4.
  • SECTION 3. This act shall take effect upon passage.
  • ========
  • LC001652
  • LC001652/SUB A
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES – SIZE, WEIGHT, AND LOAD LIMITS
  • ***
  • This act would transfer all responsibility for oversize/overweight permitting to the department of transportation from the division of motor vehicles. This act further amends and increasesfinesforalloversizeandoverweight infractionstodeterrepetitiveviolations,andtooffset major costs incurred to repair damage to infrastructure while improving road accessibility for permit vehicles, while maintaining safety.
  • This act would take effect upon passage. ======== LC001652 ========
  • ***
  • This act would transfer all responsibility for oversize/overweight permitting to Rhode Island department of transportation from Rhode Island division of motor vehicles. It also changes and increases fines for all oversize and overweight infractions to deter repetitive violations. This act also clarifies several inconsistencies and improves road accessibility for permit vehicles while maintaining safety.
  • This act would take effect upon passage. ======== LC001652/SUB A ========

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