§ 31-10.3-31 - Violations – Penalties.
SECTION 31-10.3-31
§ 31-10.3-31 Violations – Penalties.– (a) It shall be illegal for any person driving any commercial motor vehicle asdefined in this chapter to operate or control that vehicle while under theinfluence of alcohol, drugs, toluene, or any other substance as defined inchapter 28 of title 21. For the purpose of this chapter, any person who drives,operates, or exercises physical control of a commercial motor vehicle whilehaving a blood alcohol concentration of four-one-hundredths of one percent(.04%) or greater by weight, as shown by a chemical analysis of a blood,breath, or urine sample shall be guilty of the offense of driving while underthe influence of liquor or drugs.
(b) Notwithstanding any other provision of this chapter, itshall be illegal for any person to drive, operate, or be in physical control ofa commercial motor vehicle while having alcohol in his or her system.
(2) The administrator shall suspend, for at least one year, acommercial motor vehicle operator's license or privilege who is found to havecommitted a first violation of:
(i) Driving a commercial motor vehicle under the influence ofalcohol or controlled substances;
(ii) Driving a commercial motor vehicle while the alcoholconcentration in the person's blood, breath, or other bodily substance isfour-one-hundredths of one percent (.04%) or greater;
(iii) Leaving the scene of an accident involving a commercialmotor vehicle driven by the person;
(iv) Using a commercial motor vehicle in the commission of afelony;
(v) Refusing to submit to a chemical analysis of breath,blood, or urine while operating a commercial vehicle.
(3) If the operator commits any of these violations whilecarrying hazardous materials requiring placards under federal/stateregulations, the revocation shall be for a period of not less than three (3)years.
(4) The administrator shall revoke for life, which may bereduced to a period of at least ten (10) years in accordance with department ofrevenue regulations, a commercial motor vehicle operator's license or privilegewho is found to have committed a second violation of:
(i) Driving a commercial motor vehicle under the influence ofalcohol or controlled substances;
(ii) Driving a commercial motor vehicle while the alcoholconcentration in the person's blood, breath, or other bodily substance isfour-one-hundredths of one percent (.04%) or greater;
(iii) Knowingly and willfully leaving the scene of anaccident involving a commercial motor vehicle driven by the person;
(iv) Using a commercial motor vehicle in the commission of afelony;
(v) Refusing to submit to a chemical analysis of breath,blood, and/or urine while in a commercial motor vehicle.
(5) The administrator shall revoke for life the commercialmotor vehicle operator's license or privilege of any person who is found tohave used a commercial motor vehicle in the manufacture, distribution, ordispensing of a controlled substance or the possession with intent todistribute, manufacture, or dispense a controlled substance.
(6) The administrator shall suspend the commercial motorvehicle operator's license or privilege for a period of not less than sixty(60) days of each person who, in a three (3) year period, has committed two (2)serious traffic violations involving a commercial motor vehicle, and for notless than one hundred twenty (120) days of each person who has committed three(3) or more serious traffic violations in a three (3) year period.
(7) Any person violating subsection (a) of this sectionshall, upon conviction, be subject to the fines, penalties, and assessmentsenumerated in § 31-27-2 for driving under the influence of liquor ordrugs; except for the provision of license or privilege suspension of which thelicense shall be withdrawn in accordance with this chapter.
(c) Any person violating § 31-10.3-26, relating to thelicense to be carried and exhibited on demand, shall, upon conviction, be finednot less than fifty dollars ($50.00). For a second or subsequent convictionthere shall be imposed a fine of not less than one hundred dollars ($100), andhis or her commercial license or privilege shall be withdrawn for a period ofone month.
(d) Any person violating § 31-27-1, relating to drivingso as to endanger resulting in death, or § 31-27-1.1, relating to drivingso as to endanger, resulting in personal injury, shall, upon conviction, havehis or her commercial license or privilege revoked for a period of one year.With respect to violations of §§ 31-27-1 and 31-27-1.1, thecommercial penalties shall only apply while the operator is operating acommercial vehicle; should the operator be operating a passenger vehicle,passenger penalties shall apply under §§ 31-27-1 and 31-27-1.1.
(e) Any person violating § 31-10.3-27, relating to thelimitation on the number of driver licenses, shall, upon conviction, be finednot less than two hundred fifty dollars ($250) nor more than twenty-fivehundred dollars ($2,500), and any commercial license shall be cancelledimmediately.
(f) Any person violating § 31-10.3-28, relating tonotification required by the employee, shall, upon conviction, be fined notless than two hundred fifty dollars ($250) nor more than five hundred dollars($500).
(g) Any person violating § 31-10.3-29, relating toemployer responsibilities, shall, upon conviction be fined not less than fivehundred dollars ($500) nor more than two thousand five hundred dollars ($2,500).
(h) Any person violating subdivision (b)(1) of this section,relating to violations and penalties, shall immediately cease operating anycommercial vehicle for a period of twenty-four (24) hours. Failure to do soshall result in a commercial license or privilege revocation for a period ofthree (3) months and a fine of one hundred fifty dollars ($150).
(i) Any person violating § 31-10.3-30, relating to therequirement of a commercial driver's license, shall, upon conviction of a firstoffense, be fined not less than two hundred fifty dollars ($250) nor more thanone thousand dollars ($1,000); and, upon conviction of a second or subsequentoffense, be fined not less than one thousand dollars ($1,000) nor more than twothousand five hundred dollars ($2,500). The person's commercial license orprivilege shall be revoked for a period of at least one year but not more thanfive (5) years.
(j) The administrator may, after notice and hearing suspend aschool bus driver's certificate or privilege to obtain a certificate for aperiod of up to five (5) years from the date of adjudication or conviction ofthe following:
(1) Any motor vehicle driving offense committed by a schoolbus driver while operating a self-propelled vehicle and which is a criminaloffense in the state of Rhode Island or which, if committed outside the state,would be considered a criminal offense if committed in the state of RhodeIsland;
(2) Any alcohol or drug-related motor vehicle driving offensereferred to in this section and committed by a school bus operator who isoperating a self-propelled vehicle.
(k) "Out-of-Service Order" means a declaration by the FederalMotor Carrier Safety Administration or an authorized enforcement officer of afederal, state, Commonwealth of Puerto Rico, Canadian, Mexican or localjurisdiction that a driver of a commercial motor vehicle, a commercial motorvehicle or a motor carrier operation is out-of-service, pursuant to the FederalMotor Carrier Safety Regulations contained in 49 CFR Parts 383, 386, 387 and390 – 399, as amended, or pursuant to comparable laws, or the NorthAmerican Uniform Out-of-Service criteria.
(2) The term "disqualified" means the withdrawal of aperson's privilege to drive a commercial motor vehicle.
(3) Any person who violates an out-of-service order shall bedisqualified as follows except as provided in subdivision (4) of thissubsection:
(i) A person shall be disqualified from driving a commercialmotor vehicle for a period of ninety (90) days if convicted of a firstviolation of an out-of-service order.
(ii) A person shall be disqualified for a period of one yearif convicted of a second violation of an out-of-service order during any ten(10) year period arising from separate incidents.
(iii) A person shall be disqualified for a period of three(3) years if convicted of a third or subsequent violation of an out-of-serviceorder during any ten (10) year period arising from separate incidents.
(4) Any person who violates an out-of-service order whiletransporting hazardous materials or while operating a commercial motor vehicledesigned or used to transport sixteen (16) or more passengers including thedriver shall be disqualified as follows:
(i) A person shall be disqualified for a period of onehundred eighty (180) days if convicted of a first violation of anout-of-service order.
(ii) A person shall be disqualified for a period of three (3)years if convicted of a second or subsequent violation of an out-of-serviceorder during any ten (10) year period arising from separate incidents.
(5) Notwithstanding any other provision of law to thecontrary, any driver who violates or fails to comply with an out-of-serviceorder is subject to a penalty of one thousand one hundred dollars ($1,100) inaddition to disqualification under this subsection.
(6) Any employer who violates an out-of-service order, or whoknowingly requires or permits a driver to violate or fail to comply with anout-of-service order, is subject to a penalty of two thousand seven hundredfifty dollars ($2,750).
(1) General rule. A driver who is convicted ofoperating a commercial motor vehicle in violation of a federal, state, or locallaw or regulation pertaining to one of the following six (6) offenses at arailroad-highway grade crossing must be disqualified for the period of timespecified in subsection ( l )(2) of this section:
(i) For drivers who are not required to always stop, failingto slow down and check that the tracks are clear of an approaching train;
(ii) For drivers who are not required to always stop, failingto stop before reaching the crossing, if the tracks are not clear;
(iii) For drivers who are always required to stop, failing tostop before driving onto the crossing;
(iv) For all drivers, failing to have sufficient space todrive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic control deviceor the directions of an enforcement official at the crossing;
(vi) For all drivers, failing to negotiate a crossing becauseof insufficient undercarriage clearance.
(i) First violation. A driver must be disqualified fornot less than sixty (60) days if the driver is convicted of a first violationof a railroad-highway grade crossing violation.
(ii) Second violation. A driver must be disqualifiedfor not less than one hundred twenty (120) days if, during any three (3) yearperiod, the driver is convicted of a second railroad-highway grade crossingviolation in separate incidents.
(iii) Third or subsequent violation. A driver must bedisqualified for not less than one year if, during any three (3) year period,the driver is convicted of a third or subsequent railroad-highway gradecrossing violation in separate incidents.
(3) Special penalties pertaining to railroad-highway gradecrossing violations. An employer who is convicted of a violation of §31-10.3-29(5) is subject to a civil penalty of not more than ten thousanddollars ($10,000).
(m) Any person shall be subject to disqualification for aconviction of operating a commercial motor vehicle when the operator's licenseis suspended, revoked, or cancelled or the operator is otherwise disqualifiedbased on prior motor vehicle convictions.
(n) Any person shall be subject to disqualification inaccordance with 49 CFR 383.51(b), (c), (d) and (e).
(o) The administrator shall disqualify, for up to one year,the commercial motor vehicle operator's license or driving privilege of anoperator whose driving constitutes an imminent hazard.
(1) For the purposes of this section, "imminent hazard" meansthe existence of a condition that presents a substantial likelihood that death,serious illness, severe personal injury, or a substantial endangerment tohealth, property, or the environment may occur before the reasonablyforeseeable completion date of a formal proceeding begun to lessen the risk ofthat death, illness, injury or endangerment.
(p) After issuing a disqualification for a period of thirty(30) days or less, the administrator may provide the driver an opportunity fora hearing, and must provide the driver notice of a proposed disqualificationperiod of more than thirty (30) days and an opportunity for a hearing topresent a defense to the proposed disqualification.