JURISDICTION: RHODE ISLAND

This chapter summarizes Rhode Island State statutes related to speed.

General Reference: General Laws of Rhode Island and Code of Rhode Island Rules (CRIR)

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.⁽¹⁾ §§31-14-1 & 31-14-3

Statutory peed Limit: Speed in excess of the following limits is considered prima facie

See Other below. evidence that such speed was not reasonable or prudent. §3-14-2(a)

A) 50 MPH during the daytime⁽²⁾ outside a business or residential district. §31-14-2(a)(2)

B) 45 MPH during the nighttime² outside a business or residential district. §31-14-2(a)(3)

C) 25 MPH in a business or residential district. §31-14-2(a)(2)

D) 20 MPH in a school zone⁽³⁾ §31-14-2(a)(4)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Traffic Commission may increase or decrease the prima facie speed limits. §§31-14-4 & 31-14-4.1 Note: Rhode Island law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. Based on engineering and traffic investigations, a local government on streets in a business or residential district under their jurisdiction may decrease the prima facie speed limits. §31-14-5

III. A local government may increase the prima facie speed limits on through highways and other highways with limited intersections.⁽⁴⁾ §31-14-6

IV. Based on engineering and traffic investigations, a local government on streets outside a business or residential district under their jurisdiction may decrease the prima facie speed limits.⁽⁵⁾ §31-14-7

V. Based on an investigation, the State Traffic Commission may establish safe maximum speed limits for bridges and other elevated structures. §31-14-12

Note: The State Traffic Commission must approve speed limit alterations by local governments on State highways. §31-14-8

Basis for a Speed Law Violation: (continued)

Minimum Speed Limit: No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §31-14-9

Posted (Minimum) Speed Limit:

Other: I. No person shall drive a vehicle equipped with solid rubber or cushion tires >10 MPH. §31-14-11

II. The State or a local government may establish "temporary traffic control zones" on highways which are undergoing construction or maintenance. §31-14-12.1

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors.⁽⁶⁾ §31-27-13(a)

Other: Although speed Law violations appear to be misdemeanor offenses, some of these offenses may be handled administratively. If this occurs, only a fine is assessed for a violation.⁽⁷⁾ §31-41-4

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 1 year §31-27-13(b)

Mandatory Minimum Term: None

Fine:

Amount ($ Range): Not more than $500⁷ §31-27-13(b)

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension or Revocation via a Point System⁽⁸⁾

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension-Not more than 1 year §31-11-7 Revocation-Indeterminate Note: The law does not provide for a general period of maximum revocation.

Mandatory Minimum Term of

Withdrawal: Suspension-10 or 30 days⁸ Revocation-A revocation, if required, appears to be mandatory. However, the law provides for no maximum period of such mandatory revocation.

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Reckless Driving or Drag Racing⁽⁹⁾: 1st offense-Misdemeanor Subsequent offense-Felony §31-27-4(a)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 1st offense-Not more than 1 year §31-27-13(b) Subsequent offense-1 to 5 years §31-17-14

Mandatory Minimum Term: None

Fine ($ Range): 1st offense-Not more than $500 §31-27-13(b) Subsequent offense-Not more than $5,000 §31-17-14

Mandatory Minimum Fine:

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Point System-Suspension or Revocation⁸ §31-11-7 & CRIR 01-100-001

Three (3) Reckless Driving Offenses (within 1 year)-Revocation⁽¹⁰⁾ §31-11-6(7)

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving or Drag Racing:

(continued)

Length of Term of

Licensing Withdrawal: Point System-Not more than 1 year §31-11-7 Revocation-Indeterminate Note: The law does not provide for a general period of maximum revocation.

Three (3) Reckless Driving Offenses (within 1 year)-3 years¹⁰ §31-11-6(7)

Mandatory Action--Minimum

Length of License

Withdrawal: Point System-Suspension-10 or 30 days⁸ Revocation-A revocation, if required, appears to be mandatory. However, the law provides for no maximum period of such mandatory revocation.

Three (3) Reckless Driving Offenses (within 1 year)-3 years¹⁰ §31-11-6(7)

Other: If revocation is mandatory, the registrations of any vehicles owned by the offender may be suspended unless the offender gives proof of financial responsibility. §31-32-4

Driving as to Endanger⁽¹¹⁾: Felony §§11-1-2, 31-27-1 & 31-27-1.1

Sanction:

Criminal:

Imprisonment (Term): Death Related Offense-Not more than 10 years §31-27-1(b)

Injury Related Offense-Not more than 5 years §31-27-1.1(c)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): None

Mandatory Minimum Fine:

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation §31-11-6(1)

Length of Term of License

Withdrawal Action: 3 years §31-11-6(1)

Mandatory Term of License

Withdrawal Action: 3 years §31-11-6(1)

Other: If revocation is mandatory, the registrations of any vehicles owned by the offender may be suspended unless the offender gives proof of financial responsibility. §31-32-4

Commercial Motor Vehicle (CMV) Operators⁽¹²⁾:

Grounds for Suspension: A person CDL is suspended if while operating a CMV they either (1) commit 2 "serious traffic violations"⁽¹³⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §31-10.3-31(a)(5)

Period of Suspension: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §31-10.3-31(a)(5)

Period of Mandatory Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §31-10.3-31(a)(5)

1. ¹Under other provisions of law, a person is also required to exercise due care to avoid colliding with pedestrians or human powered vehicles. §31-18-8

2. ²"Daytime means from a half hour before sunrise to half hour after sunset. Nighttime means at any other time." §31-14-2(b)

3. ³This speed limit only applies within 300 feet of school grounds and when the school is open. §31-14-2(a)(4)

4. ⁴However, a local government cannot establish a daytime speed limit >50 MPH or a nighttime limit >45 MPH. §31-14-6

5. ⁵However, a speed limit of <35 MPH cannot be established. §31-14-7

6. ⁶The motor vehicle code (Title 31) provides that moving violations are misdemeanors unless the law makes a particular offense a felony. §31-27-13 However, the criminal law (Title 11) provides, that where an offense is punishable by only a fine of not more than $500, it is a violation. §11-1-2

7. ⁷Violation Fine Schedule. The following administrative fines are assessed for certain speed law violations. Driving too slow (impeding traffic)-$30; speeding 1 to 5 MPH is excess of the posted speed limit-$30; speeding 6 to 10 MPH is excess of the posted speed limit-$40; speeding 11 to 15 MPH is excess of the posted speed limit-$50; speeding, 1st offense, 16 to 18 MPH is excess of the posted speed limit ($10 for every MPH over the posted speed limit)-$160 to $180; speeding, 1st offense, 19 to 24 MPH is excess of the posted speed limit ($10 for every MPH over the posted speed limit)-$190 to $240; speeding 25 MPH is excess of the posted speed limit ($10 for every MPH over the posted speed limit)-$250. In addition, for every violation concerning exceeding the speed posted speed limit, an offender is assessed an additional $30. This assessment is used to fund substance abuse and prevention program. §31-41-4

8. ⁸Point System. Under §31-11-7(a), the licensing agency has the authority to take licensing action (usually suspension) if an offender has committed numerous traffic law violations. The State has promulgated a regulation establishing a point system to assist it in exercising this authority. I. If an offender accumulates 8 points, their license will be suspended. A 1st suspension is for a mandatory minimum of 10 days; a subsequent suspension is for a mandatory period of 30 days. However, according to §31-11-7, a suspension cannot be >1 year. If they accumulate 12 points, their license is revoked. The period of license revocation is either indeterminate or determined according the offense committed. II. The following points have been assigned for speeding and speed related violations: Three (3) reckless driving offenses within 1 year-12 points; >20 MPH over the speed limit-8 points; 20 MPH over the speed limit-1 to 5 points; reckless or negligent driving-8 points; and, other speeding violations-1 to 3 points. CRIR 01-100-011

9. ⁹It is a misdemeanor to race a horse on a public highway. The sanctions for this offense are imprisonment for not more than 10 days and/or a fine of not more than $20. §§11-1-2 & 11-22-11

10. ¹⁰Note: The law may only provide for this licensing action where the convictions are for reckless driving and not for drag racing.

11. ¹¹Death or injury as a result of vehicle operation in reckless disregard of the safety of others. §§31-27-1(a) & 31-27-1.1(a)

12. ¹²A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §31-10.3-3(9)

13. ¹³A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §31-10.3-3(25)