2007 -- S 0141

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LC00432

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2007

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- =IGHT-OF-WAY

     Introduced By: Senators Tassoni, Maselli, Ciccone, and Moura =/U>

     Date Introduced: January 24, 2007

     Referred = To: Senate Judiciary

It is enacted by the General Assembly as =ollows:

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     SECTION 1. Section =1-15-12.1 of the General Laws in Chapter 31-15 entitled "Passing,

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Use of Lanes, and Rules of the Road" is hereby =mended to read as follows:

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     31-15-12.1. =ntering intersections. -- The driver of a motor vehicle shall not =nter an

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intersection whether or not any traffic signal is =reen unless there is sufficient space in the

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roadway he or she is about to enter beyond the =ntersection to receive his or her vehicle without

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blocking the intersection. Violations of this =ection are subject to fines enumerated in section 31-

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41.1-4.

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     (1) When bodily =njury of any person other than the operator of any motor vehicle is =/U>

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caused by violation of this section, the person =o operating the vehicle shall be fined two hundred

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dollars ($200). When serious bodily injury of =ny person other than the operator of any motor

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vehicle is caused by violation of this section, =he person so operating the vehicle shall be fined

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five hundred dollars ($500) and their driving =icense shall be suspended for a period of three (3)

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months. When the death of any person other than =he operator of any motor vehicle is caused by

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violation of this section, the person so =perating the vehicle shall be fined one thousand dollars

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($1,000) and their driving license shall be =uspended for a period of one year.

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     (2) As used in =his section, "serious bodily injury" means physical injury that =reates a

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substantial risk of death or causes serious =hysical disfigurement or protracted loss or impairment

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of the function of any bodily member or =rgan.

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     SECTION 2. Sections =1-17-1, 31-17-2, 31-17-4, 31-17-7 and 31-17-8 of the General

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Laws in Chapter 31-17 entitled "Right-of-Way" are =ereby amended to read as follows:

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     31-17-1. =ight-of-way in absence of signs or signals. -- (a) The driver of a =ehicle

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approaching an intersection shall yield the =ight-of-way to a vehicle which has entered the

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intersection from a different highway.

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      (b) When two =ehicles enter an intersection from different highways at approximately

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the same time, the driver of the vehicle on the =eft shall yield the right-of-way to the vehicle on

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the right.

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      (c) The =ight-of-way rules declared in subsections (a) and (b) of this section are modified =/P>

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at through highways and otherwise as stated in =his chapter.

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      (d) Violations of =his section are subject to the fines enumerated in section =1-41.1-4.

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     (e) When bodily =njury of any person other than the operator of any motor vehicle is =/U>

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caused by violation of this section, the person =o operating the vehicle shall be fined two hundred

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dollars ($200). When serious bodily injury of =ny person other than the operator of any motor

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vehicle is caused by violation of this section, =he person so operating the vehicle shall be fined

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five hundred dollars ($500) and their driving =icense shall be suspended for a period of three (3)

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months. When the death of any person other than =he operator of any motor vehicle is caused by

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violation of this section, the person so =perating the vehicle shall be fined one thousand dollars

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($1,000) and their driving license shall be =uspended for a period of one year.

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     (f) As used in =his section, "serious bodily injury" means physical injury that =reates a

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substantial risk of death or causes serious =hysical disfigurement or protracted loss or impairment

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of the function of any bodily member or =rgan.

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     31-17-2. =ehicle turning left or right. -- The driver of a vehicle within an =ntersection

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intended to turn to the left or right shall yield =he right-of-way to any vehicle approaching from

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the opposite direction which is within the =ntersection or so close to it as to constitute an

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immediate hazard, or shall yield to a pedestrian =ntending to cross within a crosswalk which the

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driver of the vehicle must travel to make the left =r right turn. The driver, having so yielded and

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having given a signal when and as required by =hapter 16 of this title, may make the left or right

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turn, and the drivers of all other vehicles =pproaching the intersection from the opposite direction

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shall yield the right of way to the vehicle making =he left or right turn. Violations of this section

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are subject to the fines enumerated in section 31-41.1-4.

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     (1) When bodily =njury of any person other than the operator of any motor vehicle is =/U>

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caused by violation of this section, the person =o operating the vehicle shall be fined two hundred

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dollars ($200). When serious bodily injury of =ny person other than the operator of any motor

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vehicle is caused by violation of this section, =he person so operating the vehicle shall be fined

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five hundred dollars ($500) and their driving =icense shall be suspended for a period of three (3)

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months. When the death of any person other than =he operator of any motor vehicle is caused by

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violation of this section, the person so =perating the vehicle shall be fined one thousand dollars

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($1,000) and their driving license shall be =uspended for a period of one year.

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     (2) As used in =his section, "serious bodily injury" means physical injury that =reates a

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substantial risk of death or causes serious =hysical disfigurement or protracted loss or impairment

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of the function of any bodily member or =rgan.

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     31-17-4. =ehicle entering stop or yield intersection. -- (a) Preferential right-of-way at

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an intersection may be indicated by stop signs or =ield signs.

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      (b) Except when =irected to proceed by a police officer or traffic-control signal, every

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driver of a vehicle approaching a stop =ntersection indicated by a stop sign shall stop at a clearly

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marked stop line, but if none, before entering the =rosswalk on the near side of the intersection,

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or, if none, then at the point nearest the =ntersecting roadway where the driver has a view of

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approaching traffic on the intersecting roadway =efore entering the intersection. After having

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stopped, the driver shall yield the right-of-way =o any pedestrian intending to cross the lane of

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traffic in a crosswalk or any vehicle which has =ntered the intersection from another highway or

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which is approaching so closely on the highway as =o constitute an immediate hazard during the

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time when the driver is moving across or within =he intersection.

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      (c) The driver of a =ehicle approaching a yield sign shall, in obedience to the sign, slow =/P>

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down to a speed reasonable for the existing =onditions and, if required for safety to stop, shall

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stop at a clearly marked stop line, but if none, =efore entering the crosswalk on the near side of

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the intersection, or, if none, then at the point =earest the intersecting roadway where the driver

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has a view of approaching traffic on the =ntersecting roadway. After slowing or stopping, the

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driver shall yield the right-of-way to any =edestrian intending to cross the lane of traffic in a

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crosswalk or any vehicle in the intersection or =pproaching on another highway so closely as to

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constitute an immediate hazard during the time the =river is moving across or within the

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intersection.

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      (d) Violations of =his section are subject to the fines enumerated in section =1-41.1-4.

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     (e) When bodily =njury of any person other than the operator of any motor vehicle is =/U>

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caused by violation of this section, the person =o operating the vehicle shall be fined two hundred

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dollars ($200). When serious bodily injury of =ny person other than the operator of any motor

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vehicle is caused by violation of this section, =he person so operating the vehicle shall be fined

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five hundred dollars ($500) and their driving =icense shall be suspended for a period of three (3)

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months. When the death of any person other than =he operator of any motor vehicle is caused by

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violation of this section, the person so =perating the vehicle shall be fined one thousand dollars

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($1,000) and their driving license shall be =uspended for a period of one year.

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     (f) As used in =his section, "serious bodily injury" means physical injury that =reates a

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substantial risk of death or causes serious =hysical disfigurement or protracted loss or impairment

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of the function of any bodily member or =rgan.

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     31-17-7. =ight-of-way of fire companies. -- The officers and men and women of the =ire

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department, of any fire engine or hose company, or =f any protective department or company

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duly chartered and organized under the laws of =his state for the protection of property from fire

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in any city or town, with their registered fire =pparatus, shall have the right of way while going to

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a fire or upon any alarm of fire, while responding =o an emergency call; when on duty at any fire,

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in, upon, or through any street, highway, lane, =venue, or alley in the city or town; and when

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exiting or entering a fire station, garage or =ther department facility. Every person in or upon or

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owning any vehicle, or upon the street, highway, =ane, avenue, or alley, who shall willfully or

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maliciously refuse the right of way to, or shall =n any way willfully or maliciously obstruct or

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retard any registered fire apparatus of the fire =epartment, fire company, protective department, or

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company, or any of the officers or men and women, =hile going to a fire or upon any alarm of

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fire, while responding to an emergency call, or =hile on duty at any fire, in, upon, or through the

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street, highway, lane, avenue, or alley, or when =xiting or entering a fire station, garage or other

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department facility shall be fined not exceeding =S>twenty dollars ($20.00) two hundred dollars

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($200). However, the rights pursuant to =his section of the protective department or company shall

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be subject, at all times, to the rights pursuant =o this section of the fire department, fire engine

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company, and hose company.

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     31-17-8. =ight-of-way at rotary. -- In the absence of any traffic control device or =ign,

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the driver of a vehicle about to enter a rotary, =egardless of the direction from which the vehicle is

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approaching, shall yield the right-of-way to all =ehicles already in the rotary. The state traffic

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commission shall determine the location of yield =igns at rotaries. Violations of this section are

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subject to fines enumerated in section =1-41.1-4.

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     (1) When bodily =njury of any person other than the operator of any motor vehicle is =/U>

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caused by violation of this section, the person =o operating the vehicle shall be fined two hundred

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dollars ($200). When serious bodily injury of =ny person other than the operator of any motor

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vehicle is caused by violation of this section, =he person so operating the vehicle shall be fined

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five hundred dollars ($500) and their driving =icense shall be suspended for a period of three (3)

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months. When the death of any person other than =he operator of any motor vehicle is caused by

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violation of this section, the person so =perating the vehicle shall be fined one thousand dollars

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($1,000) and their driving license shall be =uspended for a period of one year.

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     (2) As used in =his section, "serious bodily injury" means physical injury that =reates a

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substantial risk of death or causes serious =hysical disfigurement or protracted loss or impairment

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of the function of any bodily member or =rgan.

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     SECTION 3. Chapter =1-21 of the General Laws entitled "Stopping, Standing, and

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Parking Restrictions" is hereby amended by adding =hereto the following section:

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     31-21-18. =esignated parking for motorcycles at public buildings. – Where =uch

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parking areas exist at any state, city, or town =uilding, specifically designated parking spaces

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shall be created and assigned for motorcycle =se only, including designating existing automobile

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parking spaces as motorcycle parking spaces, if =eeded. For security purposes, the motorcycle

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parking spaces shall be located in an area =ithin sight of the building.

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     SECTION 4. This act =hall take effect upon passage.

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LC00432

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- =IGHT-OF-WAY

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     This act would =reate additional penalties for certain motor vehicle violations. This =ct

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would also require state and municipal =uildings to provide parking for motorcycles.

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     This act would =ake effect upon passage.

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LC00432

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