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All the MRF White Papers have been added to this repository, except for those with one-time use copyrights.
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Rhode Island Right of Way

2008 -- S 2146

=======
LC00773
=======

STATE

OF

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008
____________

RHODE

ISLAND

AN ACT

RELATING TO MOTOR AND OTHER VEHICLES -- RIGHT-OF-WAY

Introduced By: Senators Tassoni, Jabour, and Doyle

Date Introduced: January 30, 2008

Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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

31-15-12.1. Entering intersections. -- The driver of a motor vehicle shall not enter an

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

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

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

41.1-4.

(1) When bodily injury of any person other than the operator of any motor vehicle is

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

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

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

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

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

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

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

(2) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

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

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

31-17-1. Right-of-way in absence of signs or signals. -- (a) The driver of a vehicle

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

intersection from a different highway.

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

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

the right.

(c) The right-of-way rules declared in subsections (a) and (b) of this section are modified

at through highways and otherwise as stated in this chapter.

(d) Violations of this section are subject to the fines enumerated in section 31-41.1-4.

(e) When bodily injury of any person other than the operator of any motor vehicle is

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

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

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

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

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

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

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

(f) As used in this section, "serious bodily injury" means physical i jury that creates a
n

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

31-17-2. Vehicle turning left or right. -- The driver of a vehicle within an intersection

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

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

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

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

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

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

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

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

(1) When bodily injury of any person other than the operator of any motor vehicle is

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

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

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

2

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

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

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

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

(2) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

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

an intersection may be indicated by stop signs or yield signs.

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

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

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

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

approaching traffic on the intersecting roadway before entering the intersection. After having

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

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

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

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

(c) The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow

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

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

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

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

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

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

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

intersection.

(d) Violations of this section are subject to the fines enumerated in section 31-41.1-4.

(e) When bodily injury of any person other than the operator of any motor vehicle is

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

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

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

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

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

3

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

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

(f) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

31-17-7. Right-of-way of fire companies. -- The officers and men and women of the fire

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

company, and hose company.

31-17-8. Right-of-way at rotary. -- In the absence of any traffic control device or sign,

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

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

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

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

(1) When bodily injury of any person other than the operator of any motor vehicle is

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

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

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

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

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

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

4

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

(2) As used in this section, "serious bodily injury" means physical injury that creates a

substantial risk of death or causes serious physical disfigurement or protracted loss or impairment

of the function of any bodily member or organ.

SECTION 3. Chapter 31-21 of the General Laws entitled "Stopping, Standing, and

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

31-21-18. Designated parking for motorcycles at public buildings. – Where such

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

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

parking spaces as motorcycle parking spaces, if needed. For security purposes, the motorcycle

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

SECTION 4. This act shall take effect upon passage.

=======
LC00773
========

5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

AN ACT

RELATING TO MOTOR AND OTHER VEHICLES -- RIGHT-OF-WAY

***

This act would create additional penalties for certain motor vehicle violations. This act

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

This act would take effect upon passage.

=======
LC00773
=======

Article details:
Author: admin
Posted: 2011-03-17 18:54:13
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