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H8523
2026 -- H 8523
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LC006363
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- SPECIAL STOPS REQUIRED
Introduced By:
Representative Thomas E. Noret
Date Introduced:
May 06, 2026
Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
1
SECTION 1. Section 31-20-12 of the General Laws in Chapter 31-20 entitled "Special
2
Stops Required" is hereby repealed.
3
31-20-12. Stopping for school bus required — Penalty for violation.
4
(a) The driver of a vehicle upon a street, highway, private way, private or public parking
5
area upon meeting or overtaking from any direction any bus marked as “school bus” whenever the
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bus is being operated in accordance with § 31-20-11 and on which there is in operation flashing red
7
lights, shall stop the vehicle before reaching the bus. The driver shall not proceed until the bus
8
resumes motion or until the flashing lights are no longer actuated. No driver of any motor vehicle,
9
except emergency vehicles on official business, shall travel in the same lane of traffic behind a
10
school bus at a distance of less than fifty feet (50′). A person convicted of a violation of this section
11
shall be punished by a fine not to exceed three hundred dollars ($300) and/or suspension of driving
12
license for a period not to exceed thirty (30) days for the first offense, and a mandatory fine of not
13
less than three hundred dollars ($300) nor more than five hundred dollars ($500) and/or revocation
14
of driving license for a period of one year for each subsequent offense.
15
(b) A peace officer may issue a summons based on the statement or testimony of a school
16
bus driver or monitor or other private citizen provided that the statement or testimony provides the
17
peace officer with sufficient probable cause that a violation under this section was committed. Any
18
conviction under this section may be punished in accordance with subsection (a) of this section.
19
SECTION 2. Section 31-20-13 of the General Laws in Chapter 31-20 entitled "Special
1
Stops Required" is hereby amended to read as follows:
2
31-20-13. School buses stopped on divided highway or in loading zone.
3
When operating a vehicle upon a highway, the driver need not stop upon meeting or passing
4
a bus marked as “school bus” in accordance with § 31-20-11 in the following circumstances:
5
(1) When a highway is a divided highway
that is divided by a raised median or physical
6
barrier,
and the bus is stopped in the roadway on one side of the divided highway and the driver is
7
operating on the other side of it.
8
(2) When the bus is stopped in a loading zone adjacent to a limited access highway and
9
pedestrians are not permitted to cross the highway.
10
SECTION 3. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled
11
"Adjudication of Traffic Offenses" is hereby amended to read as follows:
12
31-41.1-4. Schedule of violations.
13
(a) The penalties for violations of the enumerated sections, listed in numerical order,
14
correspond to the fines described. However, those offenses for which punishments may vary
15
according to the severity of the offense, or punishment that requires the violator to perform a
16
service, shall be heard and decided by the traffic tribunal or municipal court. The following
17
violations may be handled administratively through the method prescribed in this chapter. This list
18
is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other
19
violations.
20
Section of General Laws Total Fine
21
8-8.2-2 DOT, DEM, or other agency and department violations $100.00
22
24-10-17 Soliciting rides in motor vehicles 100.00
23
24-10-18 Backing up prohibited 100.00
24
24-10-19 Advertising motor vehicle for sale on state highways 100.00
25
24-10-20 Park and ride lots 100.00
26
24-12-37 Nonpayment of toll 100.00
27
31-3-12 Visibility of plates 100.00
28
31-3-18 Display of plates 100.00
29
31-3-32 Driving with expired registration 100.00
30
31-3-34 Failure to notify division of change of address 100.00
31
31-3-35 Notice of change of name 100.00
32
31-3-40 Temporary plates — dealer issued 100.00
33
31-4-3 Temporary registration — twenty-day (20) bill of sale 100.00
34
31-10-10 Rules as to armed forces license 100.00
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31-10-30 Driving on expired license 100.00
2
31-10-32 Notice of change of address 100.00
3
31-10.1-4 No motorcycle helmet (operator) 100.00
4
31-10.1-5 Motorcycle handlebar violation 100.00
5
31-10.1-6 No motorcycle helmet (passenger) 100.00
6
31-10.1-7 Inspection of motorcycle required 100.00
7
31-12-12 Local motor vehicle ordinance 100.00
8
31-13-4 Obedience to devices 100.00
9
31-13-6(3)(i) Eluding traffic light 100.00
10
31-13-9 Flashing signals 100.00
11
31-13-11 Injury to signs or devices 100.00
12
31-14-1 Reasonable and prudent speed 95.00
13
31-14-3 Condition requiring reduced speed 95.00
14
31-14-9 Below minimum speed 95.00
15
31-14-12 Speed limit on bridges and structures 95.00
16
31-15-1 Leaving lane of travel 100.00
17
31-15-2 Slow traffic to right 100.00
18
31-15-3 Operator left of center 100.00
19
31-15-4 Overtaking on left 100.00
20
31-15-5(a) Overtaking on right 100.00
21
31-15-6 Clearance for overtaking 100.00
22
31-15-7 Places where overtaking prohibited 100.00
23
31-15-8 No passing zone 100.00
24
31-15-9 One way highways 100.00
25
31-15-10 Rotary traffic islands 100.00
26
31-15-11 Laned roadway violation 100.00
27
31-15-12 Following too closely 100.00
28
31-15-12.1 Entering intersection 100.00
29
31-15-13 Crossing center section of divided highway 100.00
30
31-15-14 Entering or leaving limited access roadways 100.00
31
31-15-16 Use of emergency break-down lane for travel 100.00
32
31-15-17 Crossing bicycle lane 100.00
33
31-15-18 Unsafe passing of person operating a bicycle 100.00
34
31-16-1 Care in starting from stop 100.00
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1
31-16-2 Manner of turning at intersection 100.00
2
31-16-4 U turn where prohibited 100.00
3
31-16-5 Turn signal required 100.00
4
31-16-6 Time of signaling turn 100.00
5
31-16-7 Failure to give stop signal 100.00
6
31-16-8 Method of giving signals 100.00
7
31-16.1-3 Diesel vehicle idling rules
8
first offense not to exceed 100.00
9
second and subsequent offense not to exceed 500.00
10
31-17-1 Failure to yield right of way 100.00
11
31-17-2 Vehicle turning left 100.00
12
31-17-3 Yield right of way (intersection) 100.00
13
31-17-4 Obedience to stop signs 100.00
14
31-17-5 Entering from private road or driveway 100.00
15
31-17-8 Vehicle within right of way, rotary 100.00
16
31-17-9 Yielding to bicycles on bicycle lane 100.00
17
31-18-3 Right of way in crosswalks
18
first violation 100.00
19
second violation or any subsequent violation 100.00
20
31-18-5 Crossing other than at crosswalks 100.00
21
31-18-8 Due care by drivers 100.00
22
31-18-12 Hitchhiking 100.00
23
31-18-18 Right of way on sidewalks 100.00
24
31-19-3 Traffic laws applied to bicycles 100.00
25
31-19-20 Sale of new bicycles 100.00
26
31-19-21 Sale of used bicycles 100.00
27
31-19.1-2 Operating motorized bicycle on an interstate highway 100.00
28
31-19.2-2 Operating motorized tricycle on an interstate highway 100.00
29
31-20-1 Failure to stop at railroad crossing 100.00
30
31-20-2 Driving through railroad gate 100.00
31
31-20-9 Obedience to stop sign 100.00
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31-21-4 Places where parking or stopping prohibited 100.00
33
31-21-14 Opening of vehicle doors 100.00
34
31-21-18 Electric vehicle charging station restriction 100.00
LC006363 - Page 4 of 16
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31-22-2 Improper backing up 100.00
2
31-22-4 Overloading vehicle 100.00
3
31-22-5 Violation of safety zone 100.00
4
31-22-6 Coasting 100.00
5
31-22-7 Following fire apparatus 100.00
6
31-22-8 Crossing fire hose 100.00
7
31-22-9 Throwing debris on highway — snow removal 100.00
8
31-22-11.5 Improper use of school bus — not to exceed five hundred dollars
9
for each day of improper use ($500)
10
31-22-22(a) No child restraint 100.00
11
31-22-22(a) Child restraint/seat belt but not in any rear seating position 100.00
12
31-22-22(b), (f) No seat belt — passenger 40.00
13
31-22-22(g) No seat belt — operator 40.00
14
31-22-23 Tow trucks — proper identification 275.00
15
31-22-24 Operation of interior lights 100.00
16
31-23-1(b)(2) U.S. department of transportation motor carrier safety rules and
17
regulations Not less than $100.00 or more than $500.00
18
31-23-1(e)(6) Removal of an “out of service vehicle” sticker 125.00
19
31-23-1(e)(7) Operation of an “out of service vehicle” 100.00
20
31-23-2(b) Installation or adjustment of unsafe or prohibited parts, equipment,
21
or accessories: (first offense) 250.00
22
(second offense) 500.00
23
(third and subsequent offenses) 1,000.00
24
31-23-4 Brake equipment required 100.00
25
31-23-8 Horn required 100.00
26
31-23-10 Sirens prohibited 100.00
27
31-23-13 Muffler required 100.00
28
31-23-13.1 Altering height or operating a motor vehicle with an altered
29
height 100.00
30
31-23-14 Prevention of excessive fumes or smoke 100.00
31
31-23-16 Windshield and window stickers (visibility) 100.00
32
31-23-17 Windshield wipers 100.00
33
31-23-19 Metal tires prohibited 100.00
34
31-23-20 Protuberances on tires 100.00
LC006363 - Page 5 of 16
1
31-23-26 Fenders and wheel flaps required 100.00
2
31-23-27 Rear wheel flaps on buses, trucks, and trailers 100.00
3
31-23-29 Flares or red flag required over four thousand pounds
4
(4,000 lbs.) 100.00
5
31-23-40 Approved types of seat belt requirements 100.00
6
31-23-42.1 Special mirror — school bus 100.00
7
31-23-43 Chocks required (1 pair) — over four thousand pounds
8
(4,000 lbs.) 100.00
9
31-23-45 Tire treads — defective tires 100.00
10
31-23-47 Slow moving emblem required 100.00
11
31-23-49 Transportation of gasoline — passenger vehicle 100.00
12
31-23-51 Operating bike or motor vehicle wearing ear phones
13
(first offense) 100.00
14
second offense 110.00
15
for the third and each subsequent offense 140.00
16
31-24-1 through 31-24-54 Times when lights required 100.00
17
31-25-9 Leaking load 100.00
18
31-25-11 Connections between coupled vehicles 100.00
19
31-25-12 Towing chain, twelve-inch (12″) square flag required 100.00
20
31-25-12.1 Tow truck — use of lanes
21
(first offense) 100.00
22
second offense 110.00
23
for the third and each subsequent offense 140.00
24
31-25-17 Identification of trucks and truck-tractors
25
(first offense) 100.00
26
(second offense) 110.00
27
for the third and subsequent offenses 140.00
28
31-25-24 Carrying and inspection of excess load limit 350.00
29
31-27-2.3 Refusal to take preliminary breath test 100.00
30
31-28-7(d) Wrongful use of handicapped parking placard 500.00
31
31-28-7(f) Handicapped parking space violation:
32
First offense 100.00
33
Second offense 175.00
34
Third offense and subsequent offenses 325.00
LC006363 - Page 6 of 16
1
31-28-7.1(e) Wrongful use of institutional handicapped parking placard 125.00
2
31-33-2 Failure to file accident report 100.00
3
31-34-2 Proof of insurance — motor vehicle rental 100.00
4
31-34-3 Operation by person other than lessee 100.00
5
31-36.1-17 No fuel tax stamp (out-of-state) 85.00
6
and not exceeding ($100) for subsequent offense
7
31-38-3 No inspection sticker 100.00
8
31-38-4 Violation of inspection laws 100.00
9
31-41.3-15 Automated school zone speed enforcement system 50.00
10
31-47.2-6 Heavy-duty vehicle emission inspections:
11
First offense 125.00
12
Second offense 525.00
13
Third and subsequent offenses 1,025.00
14
31-51-2.2
Failure to stop for school bus
300.00
15
37-15-7 Littering not less than 55.00,
16
not more than five hundred dollars ($500)
17
39-12-26 Public carriers violation 300.00
18
SPEEDING Fine
19
(A) One to ten miles per hour (1-10 m.p.h.) in excess of posted speed limit $ 95.00
20
(B) Eleven miles per hour (11 m.p.h.) in excess of posted speed limit with 205.00
21
minimum a fine of ten dollars ($10.00) per mile in excess of speed limit shall be assessed.
22
(b) In addition to any other penalties provided by law, a judge may impose the following
23
penalties for speeding:
24
(1) For speeds up to and including ten miles per hour (10 m.p.h.) over the posted speed
25
limit on public highways, a fine as provided for in subsection (a) of this section for the first offense;
26
ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if
27
within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile
28
in excess of the speed limit for the third and any subsequent offense if within twelve (12) months
29
of the first offense. In addition, the license may be suspended up to thirty (30) days.
30
(2) For speeds in excess of ten miles per hour (10 m.p.h.) over the posted speed limit on
31
public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the
32
first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the
33
second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per
34
mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve
LC006363 - Page 7 of 16
1
(12) months of the first offense. In addition, the license may be suspended up to sixty (60) days.
2
(c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person
3
charged with a violation who pays the fine administratively pursuant to this chapter shall not be
4
subject to any additional costs or assessments, including, but not limited to, the hearing fee
5
established in § 8-18-4.
6
SECTION 4. Sections 31-51-2, 31-51-2.1, 31-51-2.2, 31-51-3, 31-51-4, 31-51-5, 31-51-
7
5.1, 31-51-6, 31-51-8 and 31-51-9 of the General Laws in Chapter 31-51 entitled "School Bus
8
Safety Enforcement" are hereby amended to read as follows:
9
31-51-2.
Live digital video school bus violation detection monitoring systems
Digital
10
video school bus violation detection monitoring systems.
11
(a) All school departments of this state are hereby authorized to install and operate
live
12
digital video school bus violation detection monitoring systems. Such systems shall, at a minimum,
13
be systems which monitor and detect school bus traffic violations. For purposes of this chapter a
14
live
digital video school bus violation detection monitoring system means a system with one or
15
more camera sensors and computers which produce
live
digital and recorded video of motor
16
vehicles being operated in violation of school bus traffic laws in violation of § 31-20-12. All
17
systems installed for use under this chapter shall, at a minimum, produce a
live
visual image
18
viewable remotely, a recorded image of the license plate, and be able to record the time, date, and
19
location of the vehicle, and a signed affidavit by a person who witnessed the violation via live
or
20
recorded
video.
21
(b) On and after July 1, 2027, all new school buses to be operated pursuant to § 31-20-
22
11(a) shall be equipped with a
live
digital video school bus violation detection monitoring system
23
that conforms with the requirements of subsection (a) of this section.
24
(c) On and after July 1, 2032, all school buses to be operated pursuant to § 31-20-11(a)
25
shall be equipped with a
live
digital video school bus violation detection monitoring system that
26
conforms with the requirements of subsection (a) of this section.
27
(d) The school departments with input and approval by the municipal police chief may
28
enter into an agreement with a private corporation or other entity to provide
live
digital video school
29
bus violation detection monitoring systems and to maintain and operate such systems.
30
(e) Neither the school department, nor the municipality shall incur liability or have an
31
obligation to reimburse a vendor for any expenses or costs associated with the operation or
32
administration of the contracted digital video school bus violation detection monitoring system
33
beyond revenue allocations pursuant to § 31-51-2.2, even if expenses or costs to the vendor exceed
34
such violation revenues.
LC006363 - Page 8 of 16
1
31-51-2.1. Installation and signage.
2
(a) All vehicles installed with a
live
digital video school bus violation detection monitoring
3
system shall post a warning sign indicating the use of such system.
4
(b) Warning signage shall remain on each vehicle as long as a
live
digital video school bus
5
violation detection monitoring system is in operation.
6
31-51-2.2. Stopping for school bus required — Penalty for violation.
7
(a) Any vehicle being operated upon a street, highway, private way or private or public
8
parking area upon meeting or overtaking from any direction any school bus on which there is in
9
operation flashing red lights
or activated stop sign
, shall stop before reaching the bus. The vehicle
10
shall not proceed until the bus resumes motion or until the flashing lights are no longer actuated.
11
No driver of any motor vehicle, except emergency vehicles on official business, shall travel in the
12
same lane of traffic behind a school bus at a distance of less than fifty feet (50').
An
Notwithstanding
13
any provision of the general laws to the contrary, an
owner and/or operator of a motor vehicle
14
operated in violation of this section based on evidence obtained from a
live
digital video school bus
15
violation detection monitoring system shall, upon
admission or
conviction of a violation of this
16
section, be punished by a civil fine of
not less than two hundred fifty dollars ($250) nor more than
17
five hundred dollars ($500) and/or suspension of his or her driving license for a period not to exceed
18
thirty (30) days
three hundred dollars ($300)
.
19
(b)
(1)
A law enforcement officer
authorized to issue a traffic violation summons pursuant
20
to this title
or technician employed by a municipality
may issue a
summons
notice
of a violation of
21
this chapter based on evidence from a
live
digital video school bus violation detection monitoring
22
system; provided, that the statement of testimony, or evidence provides the law enforcement officer
23
or technician
with sufficient probable cause that a violation under this section was committed. The
24
summons
notice of violation
shall be in the form referred to in § 31-51-3.
25
(2) A law enforcement officer may issue a notice of violation based on personal
26
observation, or on the statement or testimony of a school bus driver or monitor or other private
27
citizen; provided that, the statement or testimony provides the law enforcement officer with
28
sufficient probable cause that a violation under this section was committed. Any admission or
29
conviction under this subsection may be punished in accordance with subsection (a) of this section.
30
31-51-3. Procedure — Notice.
31
(a) Except as expressly provided in this chapter, all prosecutions based on evidence
32
produced by a
live
digital video school bus violation detection monitoring system shall follow the
33
procedures established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated
34
by the chief magistrate of the traffic tribunal for the hearing of civil traffic violations in the traffic
LC006363 - Page 9 of 16
1
tribunal. Provided, that in an action brought pursuant to the provisions of this chapter, references
2
in chapter 41.1 of this title to an “operator” shall apply to the registered owner of the vehicle. A
3
summons
notice of violation
may be issued by an officer
or technician
solely based on evidence
4
obtained by use of a
live
digital video school bus violation detection monitoring system. All
5
summonses
notices of violation
issued based on evidence obtained from a
live
digital video school
6
bus violation detection monitoring system shall be issued within
ten (10)
thirty (30)
days of the
7
violation. Notwithstanding any provisions of the general laws to the contrary, jurisdiction to hear
8
and decide any violation under this chapter shall be as follows:
9
(1) By the traffic tribunal over all violations for which the
summons
notice of violation
is
10
issued by a state agency;
11
(2) By the traffic tribunal over all violations for which the
summons
notice of violation
is
12
issued by a city or town which has not established a municipal court; and
13
(3) By the municipal court over all violations for which the
summons
notice of violation
is
14
issued by a city or town which has established a municipal court.
15
(b) It shall be sufficient to commence a prosecution based on evidence obtained from a
live
16
digital video school bus violation detection monitoring system. A copy of the
summons
notice of
17
violation
and supporting documentation shall be mailed to the address of the registered owner kept
18
on file by
the
an applicable
registry of motor vehicles. For purposes of this section, the date of
19
issuance shall be the date of mailing.
A manual or automatic record of mailing prepared in the
20
ordinary course of business shall be prima facie evidence of the factors contained therein.
21
(c) The officer
or technician
issuing the
citation
notice of violation
shall certify
under
22
penalties of perjury
that the evidence obtained from the
live
digital video school bus violation
23
detection monitoring system was sufficient to demonstrate a violation of the motor vehicle code.
24
Such certification shall be sufficient in all prosecutions pursuant to this chapter to justify the entry
25
of a default judgment upon sufficient proof of actual notice in all cases where the
citation
notice of
26
violation
is not answered within the time period permitted.
27
(d)
The
Notwithstanding any provision of the general laws to the contrary, the
summons
28
shall
be in the form of violation and
contain
all the information provided for on the uniform
29
summons as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief
30
magistrate of the traffic tribunal as well as the date, time, and location of the violation. In addition,
31
the following information shall be attached to or accompany the summons
the following
:
32
(1)
The date, time, and approximate location of the violation;
33
(2)
Copies of two (2) or more photographs, or microphotographs, videos, or other recorded
34
images taken as proof of the violation;
LC006363 - Page 10 of 16
1
(2)
(3)
A signed statement certified
under the penalties of perjury
by a
trained
law
2
enforcement officer
or authorized municipal technician
that, based on inspection of recorded
3
images and video, the motor vehicle was being operated in violation of this chapter;
4
(3)
(4)
A
signed
statement that recorded images are evidence of a violation of this chapter;
5
(4)
(5)
A statement that the person who receives the
summons
notice of violation
under this
6
chapter may either
pay
admit liability by paying
the civil fine
in accordance with the provisions of
7
§ 31-51-2.2
to the municipality or its designee
, proceed under §
31-51-5(c)(3)
31-51-5(c)(2)
of this
8
section, or
elect to stand trial
request a hearing
for the alleged violation;
9
(5) A signed affidavit by a person who witnessed the motor vehicle being operated in
10
violation of this chapter; and
11
(6)
A signed statement certified under the penalties of perjury by a trained law enforcement
12
officer that the summons and attachments required under this subsection were mailed to the address
13
of the registered owner kept on file by the registry of motor vehicles.
A website where the recorded
14
video and images from a digital school bus violation detection monitoring system can be observed;
15
(7) The amount of the civil fine imposed by the municipality, the date by which the civil
16
fine must be paid, and instructions on how to pay the civil fine;
17
(8) Instructions on how to request a hearing or stand trial to contest liability;
18
(9) A warning that failure to pay the civil fine within thirty (30) days of the issuance of the
19
notice of violation shall incur a thirty-five dollar ($35.00) administrative late fine in addition to the
20
unpaid civil fine; and
21
(10) A warning that failure to pay the civil fine may result in withholding of the motor
22
vehicle registration.
23
(e)
Any summons issued pursuant to this chapter
Notwithstanding any provision of the
24
general laws to the contrary, a notice of violation
shall be issued by a law enforcement officer
25
authorized to issue a traffic violation summons
or technician designated by a municipality
pursuant
26
to this
title
chapter, however, a municipality may assign a designee to perform ministerial mailing
27
and payment processing services associated with a notice violation
.
28
(f) Any registered owner or otherwise liable party who fails to pay the civil fine within
29
thirty (30) days of the issuance of the notice of violation shall be subject to a thirty-five dollar
30
($35.00) administrative late fine in addition to the unpaid civil fine.
31
(g) If an unpaid civil fine or administrative late fine is not paid within ninety (90) days of
32
the issuance of the original notice of violation and there is no non-liability violation established
33
pursuant to § 31-51-5(e), the municipality shall report the registered owner to the Rhode Island
34
division of motor vehicles, who then shall not permit the renewal of the vehicle registration
LC006363 - Page 11 of 16
1
associated with the violation until any unpaid civil fines or administrative late fines are paid to the
2
municipality. Upon the municipality's receipt of such payment or a written repayment agreement
3
between the person and the municipality, the municipality shall promptly issue a verbal, written, or
4
electronic confirmation showing the amounts paid and certification that the person does not owe
5
any amounts to the municipality or has otherwise made satisfactory repayment arrangements with
6
the municipality. In any such case, the Rhode Island division of motor vehicles shall forthwith
7
release any hold placed for this purpose on the person's vehicle registration renewal. If a person
8
who made satisfactory repayment arrangements with the municipality subsequently fails to honor
9
and comply with such arrangement with the municipality according to their terms, the municipality
10
may re-report the person to the Rhode Island division of motor vehicles which shall then prohibit
11
that person from renewing the vehicle registration until the originally paid civil fines and
12
administrative late fines are paid to the municipality.
13
(h) If a non-liability of violation is proven pursuant to § 31-51-5(e), then the municipality
14
shall report the liable party to the Rhode Island division of motor vehicles.
15
31-51-4. Hearings.
16
Notwithstanding any provision of the general laws to the contrary, a hearing to decide any
17
violation under this chapter may be conducted in person, online via video conferencing or by mail
18
through submission of a written explanation.
Evidence from a
live
digital video school bus violation
19
detection monitoring system shall be considered substantive evidence in the prosecution of all civil
20
traffic violations.
Evidence
Recorded images
from a
live
digital video school bus violation
21
detection monitoring system
approved by the school department
shall
serve as prima facie evidence
22
of a violation, shall
be admitted without further authentication and
such evidence may
shall
be
23
deemed sufficient to sustain a civil traffic violation.
Notwithstanding any provision of the general
24
laws to the contrary, liability at any hearing shall be determined by clear and convincing evidence
25
whether the violation occurred.
In addition to any other defenses as set forth herein, any and all
26
defenses cognizable at law shall be available to the individual who receives the
citation
notice of
27
violation
commencing a prosecution under this chapter
; provided, however, school bus compliance
28
with §§ 31-20-11 or 31-20-11.1 shall not be a defense to the violation. Notwithstanding any
29
provision of the general laws to the contrary, the traffic tribunal or a municipal court may charge a
30
hearing fee not to exceed one hundred dollars ($100) to a party that requests a hearing for a notice
31
of violation issued under this chapter, and such hearing fee shall not apply if the party is deemed
32
not liable at the hearing
.
33
31-51-5. Driver/registered owner liability.
34
(a) The registered owner of a motor vehicle shall not operate or allow the motor vehicle to
LC006363 - Page 12 of 16
1
be operated in violation of this chapter. There shall be a rebuttable presumption that the registered
2
owner of the vehicle that is photographed pursuant to this chapter was operating the vehicle.
3
(b) In all prosecutions of civil traffic violations based on evidence obtained from a
live
4
digital video school bus violation detection monitoring system as provided under this chapter, the
5
registered owner of the vehicle shall be primarily responsible in all prosecutions of violations
6
pursuant to the provisions of this chapter, except as otherwise provided under this chapter.
7
(c) In the event that the registered owner of the vehicle operated in violation of this chapter
8
was not the operator of the vehicle at the time of the violation, the registered owner shall either:
9
(1) Accept responsibility for the violation by paying the fine
to the municipality or its
10
designee
; or
11
(2) Upon receipt of the notice of the violation, provide the issuing authority,
a notarized
12
affidavit under penalty of perjury,
within
twenty (20)
thirty (30)
days of the date of issuance, the
13
name and address of the individual operating the vehicle at the time which the violation occurred.
14
(d) It shall be prima facie evidence, establishing a rebuttable presumption, that the owner
15
of the registered motor vehicle was the operator of the vehicle at the time of the violation if the
16
registered owner of the motor vehicle fails to pay the fine and fails to proceed under subdivision
17
(c)(2) of this section. Evidence offered pursuant to this chapter shall be sufficient to establish a
18
violation of § 31-51-2.2 by clear and convincing evidence.
19
(e) The owner of a rented or leased motor vehicle
, or the owner of a corporation or
20
authorized agent,
may establish non-liability for violations issued pursuant to this chapter by
21
providing to the issuing authority
the name and address of the custodian of the vehicle at the time
22
of the violation. The owner of the rented or leased vehicle shall provide
a copy of the written rental
23
or a lease agreement which shall be prima facie evidence, establishing a rebuttable presumption,
24
that the lessee was the operator of the vehicle. In the event that the lessee was not the operator of
25
the motor vehicle at the time of the violation, the lessee shall either:
26
(1) Accept responsibility for the violation by paying the fine
to the municipality or
27
designee
;
or
28
(2) Upon receipt of the notice of the violation, provide the issuing authority within
twenty
29
(20)
thirty (30)
days of the date of issuance, the name and address of the individual operating the
30
vehicle at the time which the violation occurred
; or
31
(3) Request a hearing for the alleged violation
.
32
31-51-5.1. Revenue.
33
The revenue generated from each fine imposed pursuant to this chapter shall be allocated
34
as follows:
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1
(1)
2
Forty percent (40%)
Twenty percent (20%)
to the state general fund;
3
(2)(i)
Thirty percent (30%)
Forty percent (40%)
to the municipality where the violation
4
takes place; and
5
(ii)
Thirty percent (30%)
Forty percent (40%)
to the vendor who supplies and supports the
6
video detection monitoring system being used; and
7
(3) The provisions of this section shall not apply to contracts existing at the time of the
8
enactment of this section, and shall only apply to new contracts
, or extensions of existing contracts,
9
entered into on or after the effective date of this section.
10
31-51-6. Use of evidence in criminal and civil cases.
11
Nothing in this chapter shall prohibit the use of evidence produced by a
live
digital video
12
school bus violation detection monitoring system in a criminal or private civil proceeding provided
13
that the admissibility of such evidence shall not follow the applicable laws and rules of procedure
14
and rules of evidence which apply in criminal and civil cases.
15
31-51-8. Security of records.
16
(a) The recorded images and live video produced by a
live
digital video school bus violation
17
detection monitoring system shall not be deemed “public records” subject to disclosure pursuant to
18
subdivision 38-2-2(4)(i).
19
(b) All recorded images and live video that do not identify a violation shall be destroyed
20
within
twenty-four (24) hours
ninety (90) days
of the date the
live
video was recorded, unless
21
ordered by a court of competent jurisdiction.
22
(c) All recorded images and live video that identify a violation shall be destroyed within
23
one year after the citation is resolved by administrative payment, trial or other final disposition of
24
the citation, unless ordered by a court of competent jurisdiction.
25
(d) The privacy of records produced pursuant to this chapter shall be maintained; provided,
26
that aggregate data not containing personal identifying information may be released.
27
31-51-9. Reports.
28
The school department authorizing the installation of a
live
digital video school bus
29
violation detection monitoring system
, in consultation with the municipality,
shall prepare an
30
annual report containing data on:
31
(1) The number of citations issued;
32
(2) The number of those violations paid;
33
(3) The number of those violations found after trial or hearing;
34
(4) The number of violations dismissed after trial or hearing;
LC006363 - Page 14 of 16
1
(5) The amount of revenue obtained from the
live
digital video school bus violation
2
detection monitoring system.
3
SECTION 5. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES -- SPECIAL STOPS REQUIRED
***
1
This act would permit a driver to admit to a violation for failure to stop for a school bus
2
and pay the violation of three hundred dollars ($300) directly to the municipality or its designee,
3
without the need for a court appearance. This act would further permit a law enforcement officer,
4
or a technician employed by a municipality to issue a notice of violation to a driver who fails to
5
stop for a school bus. The driver would then have thirty (30) days to pay the fine, or request a
6
hearing in regard to the violation. The recorded images from the digital video school bus violation
7
detection monitoring system shall serve as prima facie evidence of a violation and shall be admitted
8
without further authentication and sufficient to sustain a civil traffic violation. The revenue received
9
from these violations would be readjusted so that twenty percent (20%) goes to the state general
10
fund; forty percent (40%) goes to the municipality where the violation occurred; and forty percent
11
(40%) goes to the vendor applying and supporting video detection monitoring system being used.
12
This act would take effect upon passage.
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