§ 31-23-1 - Driving of unsafe vehicle – Disobedience of requirements – Inspections of motor carriers – Fines.
SECTION 31-23-1
§ 31-23-1 Driving of unsafe vehicle –Disobedience of requirements – Inspections of motor carriers – Fines.– (a) It is a civil violation for any person to drive or move, or for the owner,employer or employee to cause or knowingly permit to be driven or moved, on anyhighway any vehicle or combination of vehicles which is in such an unsafecondition as to endanger any person, or which does not contain those parts oris not at all times equipped with lamps and other equipment in proper conditionand adjustment as required in this chapter or chapter 24 of this title, or forany person to do any act forbidden or fail to perform any act required underthese chapters.
(b) For the purpose of reducing the number and severity ofaccidents, all commercial motor vehicles must meet applicable standards setforth in this chapter and chapter 24 of this title and in the federal motorcarrier safety regulations (FMCSR) contained in 49 CFR Parts 387 and 390-399,and the Hazardous Materials Regulations in 49 CFR Parts 107 (subparts F and Gonly), 171-173, 177, 178 and 180, as amended except as may be determined by theadministrator to be inapplicable to a state enforcement program, as amended andadopted by the U.S. Department of Transportation (U.S. DOT), Federal MotorCarrier Safety Administration, as may be amended from time to time. Part391.11(b)(1) of FMCSR, 49 CFR 391.11(b)(1) shall not apply to intrastatedrivers of commercial motor vehicles except for drivers of school buses andvehicles placarded under 49 CFR Part 172, Subpart F. Rules and Regulationsshall be promulgated by the director of the department of revenue for theadministration and enforcement of motor carrier safety. The rules andregulations shall be promulgated to ensure uniformity in motor carrier safetyenforcement activities and to increase the likelihood that safety defects,driver deficiencies, and unsafe carrier practices will be detected andcorrected.
(2) Any carrier convicted of violating the rules andregulations established pursuant to this subsection shall be fined as providedin § 31-41.1-4 for each offense.
(c) For the purposes of this section, "carrier" is defined asany company or person who furthers their commercial or private enterprise byuse of a vehicle that has a gross vehicle weight rating (GVWR) of ten thousandand one (10,001) or more pounds, or that transports hazardous material.
(d) Authorized examiners, investigators, officers, orregulatory inspectors from the department of revenue with proper identificationissued by the director of the department of revenue, the state police, andlocal law enforcement officials with proper identification certifying they arequalified motor carrier enforcement personnel trained according to subsection(f) of this section, shall have a right of entry and authority to examine allequipment of motor carriers and lessors and enter upon and perform inspectionsof motor carrier vehicles in operation. They shall have authority to inspect,examine, and copy all accounts, books, records, memoranda, correspondence andother documents of the motor carriers and or lessors and the documents,accounts, books, records, correspondence, and memoranda of any personcontrolling, controlled by, or under common control of any carrier which relateto the enforcement of this chapter.
(e) Authorized examiners, investigators, officers, orregulatory inspectors from the state police, local law enforcement officials orthe department of revenue shall declare "out of service" any motor vehiclewhich, by reason of its mechanical condition or loading, is so imminentlyhazardous to operate as to be likely to cause an accident or a breakdown. An"out of service vehicle" sticker shall be used to mark vehicles out of service.The "out of service vehicle" sticker shall be affixed to the driver's window onpower units placed out of service and, affixed to the left front corner oftrailers or semi-trailers placed out of service.
(2) No person shall remove the "out of service vehicle"sticker from any motor vehicle prior to completion of all repairs required bythe "out of service" notice.
(3) Any motor vehicle discovered to be in an unsafe conditionwhile being operated on the highway may be continued in operation only to thenearest place where repairs can be safely effected.
(4) Operation in an unsafe condition will be conducted onlyif it is less hazardous to the public than to permit the vehicle to remain onthe highway.
(5) A motor carrier shall not require or permit a person tooperate a motor vehicle declared out of service until all the repairs requiredby the out of service notice are satisfactorily completed.
(6) Any person convicted of unauthorized removal or causingto be removed an "out of service vehicle" sticker shall be fined as provided in§ 31-41.1-4.
(7) Any person convicted of operating or causing to operatean "out of service vehicle" on a public highway shall be fined as provided in§ 31-41.1-4.
(f) In order to enforce the provisions of this section,authorized examiners, investigators, officers, or regulatory inspectors mustsatisfactorily complete a course of instruction as prescribed by the U.S.Department of Transportation (U.S. DOT), Federal Motor Carrier SafetyAdministration in the federal motor carrier safety regulations (FMCSR) safetyinspection procedures, and out of service criteria with at least annualin-service training covering the prescribed instruction.
(g) Violations of the provisions of this section shall berecorded in the commercial vehicle inspection report approved by the U.S.Department of Transportation (U.S. DOT), Federal Motor Carrier SafetyAdministration in addition to the appropriate Rhode Island state uniformsummons.
(h) Any fine imposed as a result of a violation of thissection shall not be subject to any additional assessments imposed pursuant toany other laws of the state of Rhode Island.