House Bill #7956 (2018)

AN ACT RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED SCHOOL-ZONE-SPEED-ENFORCEMENT SYSTEM

Provides for more conspicuous signage at automated school-zone-speed-enforcement system locations and allows for a graduated penalty system with a warning for a first offense.

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Changes since original draft

  • 2018 – H 7956
  • 2018 – H 7956 SUBSTITUTE B AS AMENDED
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  • LC005209
  • LC005209/SUB B
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC
  • OFFENSES
  • 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. 2018
  • ____________
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED SCHOOL-ZONE-
  • SPEED-ENFORCEMENT SYSTEM
  • Introduced By: Representatives Craven, Diaz, Kennedy, Williams, and McEntee
  • Date Introduced: March 15, 2018
  • Referred To: House Judiciary
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. 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:
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled "Adjudication of Traffic Offenses" is hereby amended to read as follows:
  • 31-41.1-4. Schedule of violations.
  • (a) The penalties for violations of the enumerated sections, listed in numerical order, correspond to the fines described. However, those offenses for which punishments may vary according to the severity of the offense, or punishment that 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. This list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other violations.
  • VIOLATIONS SCHEDULE Sections of Total GeneralLaws Fine 8-8.2-2 DOT, DEM, or other agency and department violation$85.00 24-10-17 Soliciting rides in motor vehicles 85.00 24-10-18 Backing up prohibited 85.00 24-10-20 Parkand 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 (20) day 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 Localmotor vehicle ordinance 85.00 31-13-04 Obedience to devices 85.00 31-13-6(3)(i) Eluding traffic light 85.00 31-13-09 Flashing signals 85.00 31-13-11 Injury to signs or devices 85.00 31-14-1 Reasonable and prudent speed 95.00 31-14-03 Condition requiring reduced speed 95.00 31-14-09 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
  • LC005209 - Page 2of 10 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 signalrequired 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 Dieselvehicle 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 violation or any subsequent violation $100.00 31-18-5 Crossing other than atcrosswalks 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
  • LC005209 - Page 3of 10 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 schoolbus– 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 posi85.00 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) Removalof 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,
  • 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 (20) day 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 31-13-04 Obedience to devices 85.00 31-13-6(3)(i) Eluding traffic light 85.00 31-13-09 Flashing signals 85.00 31-13-11 Injury to signs or devices 85.00 31-14-1 Reasonable and prudent speed 95.00 31-14-03 Condition requiring reduced speed 95.00 31-14-09 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 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
  • LC005209 - Page 4of 10 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 Metaltires prohibited 85.00 31-23-20 Protuberances on tires 85.00 31-23-26 Fenders and wheelflaps required 85.00 31-23-27 Rear wheelflaps on buses, trucks and trailer 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 seatbelt requirements 85.00 31-23-42.1 Specialmirror – schoolbus 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 31-25-03 Maximum width of one hundred and two inches (102")
  • exceeded 85.00 31-25-04 Maximum height of one hundred sixty-two inches (162")
  • exceeded 85.00 31-25-06 Maximum number and length of coupled vehicles 500.00 31-25-07 Load extending three feet (3') front, six feet (6') rear
  • exceeded 85.00 31-25-9 Leaking load 85.00 31-25-11 Connections betweencoupled vehicles 85.00 31-25-12 Towing chain, twelve inch (12") square flag required 85.00
  • LC005209 - Page 5of 10 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 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 Refusalto take preliminary breath test 85.00 31-28-7(d) Wrongfuluse 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
  • LC005209 - Page 6of 10
  • placard 125.00 31-33-2 Failure to file accident report 85.00 31-36.1-17 No fueltax 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
  • (First offense) Written warning
  • (Second offense)
  • if different location 50.00
  • if same location as first violation 95.00
  • (Third and subsequent offenses) 95.00 31-47.2-06 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
  • 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 of ten dollars ($10.00) per mile in excess of speed limit shallbe assessed. 205.00
  • minimum
  • (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 trailer 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 31-25-03 Maximum width of one hundred and two inches (102")
  • exceeded 85.00 31-25-04 Maximum height of one hundred sixty-two inches (162")
  • exceeded 85.00 31-25-06 Maximum number and length of coupled vehicles 500.00 31-25-07 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 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 31-47.2-06 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
  • 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 of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. 205.00
  • 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 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 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 mph) over the posted speed limit on
  • LC005209 - Page 7of 10 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.
  • (2) For speeds in excess of ten miles per hour (10 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.
  • (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 chapter 41.1 of title 31 shall not be subject to any additional costs or assessments, including, but not limited to, the hearing fee established in § 8-18-4.
  • SECTION 2. Section 31-41.3-4 of the General Laws in Chapter 31-41.3 entitled "Automated School-Zone-Speed-Enforcement System Act of 2016"is hereby amended to read as follows:
  • 31-41.3-4. Automated school-zone-speed-enforcement system operational requirements and certification.
  • No automated school-zone-speed-enforcement system shallbe used in the state of Rhode Island unless the system has been approved and certified for use in the state by the director of the department of transportation. The director of the department of transportation, in cooperation with the state police, shall require that any automated school-zone-speed-enforcement system approved and certified for use in the state of Rhode Island meets the following requirements:
  • (1) All automated school-zone-speed-enforcement systems operated under this chapter shall record the speed of vehicles within plus or minus one mile per hour of the actualspeed.
  • SECTION 2. Section 31-41.3-4 of the General Laws in Chapter 31-41.3 entitled "Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as follows:
  • 31-41.3-4. Automated school-zone-speed-enforcement system operational requirements and certification.
  • No automated school-zone-speed-enforcement system shall be used in the state of Rhode Island unless the system has been approved and certified for use in the state by the director of the department of transportation. The director of the department of transportation, in cooperation with the state police, shall require that any automated school-zone-speed-enforcement system approved and certified for use in the state of Rhode Island meets the following requirements:
  • (1) All automated school-zone-speed-enforcement systems operated under this chapter shall record the speed of vehicles within plus or minus one mile per hour of the actual speed.
  • (2) All automated school-zone-speed-enforcement systems operated under this chapter shall record at least two (2) photographic images of the vehicle exceeding the speed limit, one of which shall include the license plate attached to the rear of the vehicle.
  • (3) All automated school-zone-speed-enforcement systems operated under this chapter shall, at the time of violation, imprint upon the photographic images of vehicles exceeding the speed limit:
  • (i) The date and time of the violation; and
  • (ii) The identity of the street, or school zone being monitored, and location upon that street, or within that school zone, including the direction of travel and lane of travel; this requirement may be met with code designations; and
  • (iii) The posted or lawfully designated speed limit for the street or school zone being monitored; and
  • LC005209 - Page 8of 10
  • (iv) The monitored speed of the vehicle identified in the photographic images as exceeding the posted or lawfully designated school zone speed limit; and
  • (v) The consecutive event number of each photograph taken.
  • (4) At least one hundred feet (100') prior to entering an automated school-zone area where a speed-enforcement system is being operated, signs shall be erected warning motorists that they willbe entering an area monitored by an automated speed-zone-enforcement system and that violators of speed limitations may be prosecuted. Signage required pursuant to this section shall be of the most conspicuous design approved by the Manual on Uniform Traffic Control Devices (MUTCD) for speed control including, but not limited to, flashing speed light sign beacons.
  • SECTION 3. Chapter 31-41.3 of the General Laws entitled "Automated School-Zone- Speed-Enforcement System Act of 2016" is hereby amended by adding thereto the following section:
  • (4) At least one hundred feet (100') prior to entering an automated school-zone area where a speed-enforcement system is being operated, and on each approach to that area, four (4) signs each measuring three feet (3') in height by four feet (4') in width shall be erected in locations where the view is unobstructed warning motorists that they will be entering an area monitored by an automated speed-zone-enforcement system and that violators of speed limitations may be prosecuted. The automated school-zone-speed-enforcement system shall be operational only from seven o'clock a.m. (7:00 a.m.) to six o'clock p.m. (6:00 p.m.) on school days of the promulgated one hundred eighty (180) day school calendar year adopted in the applicable community.
  • (5) It shall be the vendor's responsibility to furnish an annual report with all pertinent data to the speaker of the house and the senate president.
  • SECTION 3. Section 31-41.3-12 of the General Laws in Chapter 31-41.3 entitled "Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as follows:
  • 31-41.3-12. Nature of violations.
  • Notwithstanding any other provision of law:
  • (1) No violation for which a civil penalty is imposed under this chapter shall be considered a moving violation; nor shall it be included on the driving record of the person on whom the liability is imposed; nor shall it be used for insurance rating purposes in providing motor vehicle insurance coverage until there is a final adjudication of the violation.
  • (2) Impositions of a penalty pursuant to this chapter shall not be deemed a criminal conviction of an owner or operator.
  • (3) The defense available under § 31-41.1-7 shall not be available for any violation imposed under this chapter.
  • SECTION 4. Chapter 31-41.3 of the General Laws entitled "Automated School-Zone- Speed-Enforcement System Act of 2016" is hereby amended by adding thereto the following section:
  • 31-41.3-15. Penalties.
  • (a) Every person found to have violated the provisions of this chapter shall receive the following penalties:
  • (1) For a first offense a written warning with no monetary fine.
  • (2) For a second offense from which the violation occurred at an automated school-zone- speed-enforcement-system location which is different from the first violation, a fine of fifty dollars ($50.00).
  • (3) For a second offense from which the violation occurredat the same automated school- zone-speed-enforcement system location, or a third or subsequent offense from different locations, the fine shall be ninety-five dollars ($95.00).
  • SECTION 4. This act shalltake effect upon passage.
  • ========
  • LC005209
  • ========
  • LC005209 - Page 9of 10
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC
  • OFFENSES
  • ***
  • This act would provide for more conspicuous signage at automated school-zone-speed- enforcement system locations and would allow for a graduated penalty system with a warning for a first offense.
  • This act would take effect upon passage. ======== LC005209 ========
  • (a) Every person found to have violated the provisions of this chapter shall be fined fifty dollars ($50.00) for each offense; provided, however that for a period of thirty (30) days following the installation of any new automated school-zone-speed-enforcement system a violation recorded by said system shall only be enforced by the issuance of a warning.
  • (b) A violation of this chapter shall not be considered a moving violation for purposes of the motorist's driving record.
  • (c) Every three (3) years from the date of the motorist's first offense under this chapter, the court shall expunge any automated school-zone-speed-enforcement violations during the preceding three (3) year period.
  • SECTION 5. This act shall take effect upon passage. ======== LC005209/SUB B ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED SCHOOL-ZONE-
  • SPEED-ENFORCEMENT SYSTEM
  • ***
  • This act would provide for a specific signage size of three feet (3') by four feet (4') at automated school-zone-speed-enforcement system locations, would provide for graduated monetary fines for violations, would provide that a person's court records for violations be expunged every three (3) years from the date of a motorist's first offense, and would provide that violations under this act not be reflected on a person's driving record.
  • This act would take effect upon passage. ======== LC005209/SUB B ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE PASSAGE OF AMENDMENT

May 24, 2018 at 5:01pm
Yeas: 63 / Nays: 0 / Not voting: 11 / Recused: 1
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros NV
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro NV
Rep. Chippendale NV
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi NV
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi R
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry NV
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady NV
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg NV
Rep. Roberts NV
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi NV
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh NV
Rep. Williams Y
Rep. Winfield Y

Floor vote for PASSAGE AS AMENDED

May 24, 2018 at 5:17pm
Yeas: 57 / Nays: 6 / Not voting: 11 / Recused: 1
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro NV
Rep. Chippendale NV
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi NV
Rep. Fogarty Y
Rep. Giarrusso N
Rep. Handy Y
Rep. Hearn Y
Rep. Hull N
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia N
Rep. Lima Y
Rep. Lombardi R
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan N
Rep. Morin Y
Rep. Nardolillo N
Rep. Newberry NV
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady NV
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi N
Rep. Ranglin-Vassell NV
Rep. Regunberg NV
Rep. Roberts NV
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi NV
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh NV
Rep. Williams Y
Rep. Winfield Y

Floor vote for Approval of Amendment

June 23, 2018 at 11:27pm
Yeas: 27 / Nays: 0 / Not voting: 10 / Recused: 0
Legislator Vote
Sen. Algiere NV
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley NV
Sen. Cote NV
Sen. Coyne NV
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag NV
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi NV
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan NV
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for Passage as Amended

June 23, 2018 at 11:28pm
Yeas: 26 / Nays: 1 / Not voting: 10 / Recused: 0
Legislator Vote
Sen. Algiere NV
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley NV
Sen. Cote NV
Sen. Coyne NV
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag NV
Sen. Fogarty N
Sen. Gallo Y
Sen. Gee NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi NV
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan NV
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y