2023 -- H 5229
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LC000507
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- SPECIAL LICENSE FOR
MOTORCYCLES, MOTOR S COOTERS AND OTHER MO TOR-DRIVEN CYCLES
Introduced By: Representatives Perez, Cardillo, and Fellela
Date Introduced: January 25, 2023
Referred To: House Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Section 31-10.1-4 of the General Laws in Chapter 31-10.1 entitled "Special 1
License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to 2
read as follows: 3
31-10.1-4. Required equipment. 4
Operators of motorcycles, motor scooters, and motor-driven cycles shall use eye protection 5
of a type approved by the administrator of the division of motor vehicles when operating their 6
vehicles on streets and highways. Every motorcycle, motor scooter, and motor-driven cycle shall 7
be equipped with a rear view mirror. Any operator under the age of twenty-one (21) of a 8
motorcycle, motor scooter or motor-driven cycle shall wear a helmet of a type approved by the 9
administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, 10
for a period of one year from the date of issuance of the first license pursuant to § 31-10.1-1, to 11
wear a helmet of a type approved by said administrator. Any person deemed in violation of this 12
provision shall be subject to the fines enumerated in § 31-41.1-4, which shall be paid in accordance 13
with the provisions of chapter 41.1 of this title. The administrator of the division of motor vehicles 14
is authorized to set forth rules and regulations governing the use of other equipment on those 15
vehicles. All fines collected under this section shall be deposited in a general restricted receipt 16
account for the use of the Rhode Island governor’s office on highway safety in order to promote 17
educational and informational programs encouraging helmet use. 18
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SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled 1
"Adjudication of Traffic Offenses" is hereby amended to read as follows: 2
31-41.1-4. Schedule of violations. 3
(a) The penalties for violations of the enumerated sections, listed in numerical order, 4
correspond to the fines described. However, those offenses for which punishments may vary 5
according to the severity of the offense, or punishment that requires the violator to perform a 6
service, shall be heard and decided by the traffic tribunal or municipal court. The following 7
violations may be handled administratively through the method prescribed in this chapter. This list 8
is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other 9
violations. 10
VIOLATIONS SCHEDULE 11
Section of Total 12
General 13
Laws Fine 14
15
8-8.2-2 DOT, DEM, or other agency and department violations $85.00 16
24-10-17 Soliciting rides in motor vehicles 85.00 17
24-10-18 Backing up prohibited 85.00 18
24-10-19 Advertising motor vehicle for sale on state highways 100.00 19
24-10-20 Park and ride lots 85.00 20
24-12-37 Nonpayment of toll 100.00 21
31-3-12 Visibility of plates 85.00 22
31-3-18 Display of plates 85.00 23
31-3-32 Driving with expired registration 85.00 24
31-3-34 Failure to notify division of change of address 85.00 25
31-3-35 Notice of change of name 85.00 26
31-3-40 Temporary plates – dealer issued 85.00 27
31-4-3 Temporary registration – twenty-day (20) bill of sale 85.00 28
31-10-10 Rules as to armed forces license 85.00 29
31-10-30 Driving on expired license 85.00 30
31-10-32 Notice of change of address 85.00 31
31-10.1-4 No motorcycle helmet (operator) 85.00 100.00 32
31-10.1-5 Motorcycle handlebar violation 85.00 33
31-10.1-6 No motorcycle helmet (passenger) 85.00 100.00 34
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31-10.1-7 Inspection of motorcycle required 85.00 1
31-12-12 Local motor vehicle ordinance 85.00 2
31-13-4 Obedience to devices 85.00 3
31-13-6(3)(i) Eluding traffic light 85.00 4
31-13-9 Flashing signals 85.00 5
31-13-11 Injury to signs or devices 85.00 6
31-14-1 Reasonable and prudent speed 95.00 7
31-14-3 Condition requiring reduced speed 95.00 8
31-14-9 Below minimum speed 95.00 9
31-14-12 Speed limit on bridges and structures 95.00 10
31-15-1 Leaving lane of travel 85.00 11
31-15-2 Slow traffic to right 85.00 12
31-15-3 Operator left of center 85.00 13
31-15-4 Overtaking on left 85.00 14
31-15-5(a) Overtaking on right 85.00 15
31-15-6 Clearance for overtaking 85.00 16
31-15-7 Places where overtaking prohibited 85.00 17
31-15-8 No passing zone 85.00 18
31-15-9 One way highways 85.00 19
31-15-10 Rotary traffic islands 85.00 20
31-15-11 Laned roadway violation 85.00 21
31-15-12 Following too closely 85.00 22
31-15-12.1 Entering intersection 100.00 23
31-15-13 Crossing center section of divided highway 85.00 24
31-15-14 Entering or leaving limited access roadways 85.00 25
31-15-16 Use of emergency break-down lane for travel 85.00 26
31-15-17 Crossing bicycle lane 85.00 27
31-15-18 Unsafe passing of person operating a bicycle 85.00 28
31-16-1 Care in starting from stop 85.00 29
31-16-2 Manner of turning at intersection 85.00 30
31-16-4 U turn where prohibited 85.00 31
31-16-5 Turn signal required 85.00 32
31-16-6 Time of signaling turn 85.00 33
31-16-7 Failure to give stop signal 85.00 34
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31-16-8 Method of giving signals 85.00 1
31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00 2
second and subsequent offense not to exceed 500.00 3
31-17-1 Failure to yield right of way 85.00 4
31-17-2 Vehicle turning left 85.00 5
31-17-3 Yield right of way (intersection) 85.00 6
31-17-4 Obedience to stop signs 85.00 7
31-17-5 Entering from private road or driveway 85.00 8
31-17-8 Vehicle within right of way, rotary 85.00 9
31-17-9 Yielding to bicycles on bicycle lane 85.00 10
31-18-3 Right of way in crosswalks first violation 85.00 11
second violation or any subsequent violation $100.00 12
31-18-5 Crossing other than at crosswalks 85.00 13
31-18-8 Due care by drivers 85.00 14
31-18-12 Hitchhiking 85.00 15
31-18-18 Right of way on sidewalks 85.00 16
31-19-3 Traffic laws applied to bicycles 85.00 17
31-19-20 Sale of new bicycles 85.00 18
31-19-21 Sale of used bicycles 85.00 19
31-19.1-2 Operating motorized bicycle on an interstate highway 85.00 20
31-19.2-2 Operating motorized tricycle on an interstate highway 85.00 21
31-20-1 Failure to stop at railroad crossing 85.00 22
31-20-2 Driving through railroad gate 85.00 23
31-20-9 Obedience to stop sign 85.00 24
31-21-4 Places where parking or stopping prohibited 85.00 25
31-21-14 Opening of vehicle doors 85.00 26
31-21-18 Electric vehicle charging station restriction 85.00 27
31-22-2 Improper backing up 85.00 28
31-22-4 Overloading vehicle 85.00 29
31-22-5 Violation of safety zone 85.00 30
31-22-6 Coasting 85.00 31
31-22-7 Following fire apparatus 85.00 32
31-22-8 Crossing fire hose 85.00 33
31-22-9 Throwing debris on highway – snow removal 85.00 34
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31-22-11.5 Improper use of school bus – not to exceed five hundred dollars 1
($500) 2
for each day of improper use 3
31-22-22(a) No child restraint 85.00 4
31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00 5
31-22-22(b), (f) No seat belt – passenger 40.00 6
31-22-22(g) No seat belt – operator 40.00 7
31-22-23 Tow trucks – proper identification 275.00 8
31-22-24 Operation of interior lights 85.00 9
31-23-1(b)(2) U.S. department of transportation motor carrier safety rules 10
and regulations Not less than $85.00 11
or more than $500.00 12
31-23-1(e)(6) Removal of an “out of service vehicle” sticker 125.00 13
31-23-1(e)(7) Operation of an “out of service vehicle” 100.00 14
31-23-2(b) Installation or adjustment of unsafe or prohibited parts, 15
equipment, or accessories: 16
(first offense) 250.00 17
(second offense) 500.00 18
(third and subsequent offenses) 1,000.00 19
31-23-4 Brake equipment required 85.00 20
31-23-8 Horn required 85.00 21
31-23-10 Sirens prohibited 85.00 22
31-23-13 Muffler required 85.00 23
31-23-13.1 Altering height or operating a motor vehicle with an 24
altered height 85.00 25
31-23-14 Prevention of excessive fumes or smoke 85.00 26
31-23-16 Windshield and window stickers (visibility) 85.00 27
31-23-17 Windshield wipers 85.00 28
31-23-19 Metal tires prohibited 85.00 29
31-23-20 Protuberances on tires 85.00 30
31-23-26 Fenders and wheel flaps required 85.00 31
31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00 32
31-23-29 Flares or red flag required over four thousand pounds 33
(4,000 lbs.) 85.00 34
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31-23-40 Approved types of seat belt requirements 85.00 1
31-23-42.1 Special mirror – school bus 85.00 2
31-23-43 Chocks required (1 pair) – over four thousand pounds 3
(4,000 lbs.) 85.00 4
31-23-45 Tire treads – defective tires 85.00 5
31-23-47 Slow moving emblem required 85.00 6
31-23-49 Transportation of gasoline – passenger vehicle 85.00 7
31-23-51 Operating bike or motor vehicle wearing ear phones 8
(first offense) 85.00 9
second offense 95.00 10
for the third and each subsequent offense 140.00 11
31-24-1 through 31-24-54 Times when lights required 85.00 12
31-25-9 Leaking load 85.00 13
31-25-11 Connections between coupled vehicles 85.00 14
31-25-12 Towing chain, twelve-inch (12") square flag required 85.00 15
31-25-12.1 Tow truck – use of lanes 16
(first offense) 85.00 17
second offense 95.00 18
for the third and each subsequent offense 100.00 19
31-25-17 Identification of trucks and truck-tractors 20
(first offense) 85.00 21
(second offense) 95.00 22
for the third and subsequent offenses 125.00 23
31-25-24 Carrying and inspection of excess load limit 350.00 24
31-27-2.3 Refusal to take preliminary breath test 85.00 25
31-28-7(d) Wrongful use of handicapped parking placard 500.00 26
31-28-7(f) Handicapped parking space violation: 27
First offense 100.00 28
Second offense 175.00 29
Third offense and subsequent offenses 325.00 30
31-28-7.1(e) Wrongful use of institutional handicapped parking 31
placard 125.00 32
31-33-2 Failure to file accident report 85.00 33
31-34-2 Proof of insurance – motor vehicle rental 85.00 34
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31-34-3 Operation by person other than lessee 85.00 1
31-36.1-17 No fuel tax stamp (out-of-state) 85.00 2
and not exceeding ($100) for subsequent offense 3
31-38-3 No inspection sticker 85.00 4
31-38-4 Violation of inspection laws 85.00 5
31-41.3-15 Automated school zone speed enforcement system 50.00 6
31-47.2-6 Heavy-duty vehicle emission inspections: 7
First offense 125.00 8
Second offense 525.00 9
Third and subsequent offenses 1,025.00 10
37-15-7 Littering not less than 55.00, 11
not more than five hundred dollars ($500) 12
39-12-26 Public carriers violation 300.00 13
SPEEDING Fine 14
(A) One to ten miles per hour (1-10 m.p.h.) in excess of posted speed limit $ 95.00 15
(B) Eleven miles per hour (11 m.p.h.) in excess of posted speed limit with 205.00 minimum 16
a fine of ten dollars ($10.00) per mile in excess of speed limit shall be 17
assessed. 18
19
(b) In addition to any other penalties provided by law, a judge may impose the following 20
penalties for speeding: 21
(1) For speeds up to and including ten miles per hour (10 m.p.h.) over the posted speed 22
limit on public highways, a fine as provided for in subsection (a) of this section for the first offense; 23
ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if 24
within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile 25
in excess of the speed limit for the third and any subsequent offense if within twelve (12) months 26
of the first offense. In addition, the license may be suspended up to thirty (30) days. 27
(2) For speeds in excess of ten miles per hour (10 m.p.h.) over the posted speed limit on 28
public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the 29
first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the 30
second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per 31
mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve 32
(12) months of the first offense. In addition, the license may be suspended up to sixty (60) days. 33
(c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person 34
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charged with a violation who pays the fine administratively pursuant to this chapter shall not be 1
subject to any additional costs or assessments, including, but not limited to, the hearing fee 2
established in § 8-18-4. 3
SECTION 3. This act shall take effect upon passage. 4
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LC000507
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- SPECIAL LICENSE FOR
MOTORCYCLES, MOTOR S COOTERS AND OTHER MO TOR-DRIVEN CYCLES
***
This act would require any operator of a motorcycle, motor scooter or motor-driven cycle 1
to wear a helmet. Violations would be punished by a fine of one hundred dollars ($100) and would 2
increase the fines for failure of a passenger to wear a helmet to one hundred dollars ($100). 3
This act would take effect upon passage. 4
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LC000507
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