§ 31-47-12. Police officers and agents of administrator of the division of motor vehicles — Fees
collected, forms of proof.
(a) For the purpose of enforcing the provisions of this chapter, every police officer
of a state, town, or municipality is deemed an agent of the administrator of the division
of motor vehicles. Any police officer who, in the performance of his or her duties
as authorized by law, becomes aware of a person whose license is under an order of
suspension, or whose certificate of registration and registration plates are under
an order of impoundment, pursuant to this section may confiscate the license, certificate
of registration, and registration plates, and return them to the administrator of
the division of motor vehicles. Any forms used by law enforcement agencies in administering
this section shall be prescribed by the administrator of the division of motor vehicles,
the cost of which shall be borne by these agencies. No police officer, law enforcement
agency employing a police officer, or political subdivision or governmental agency
that employs a police officer shall be liable in a civil action for damages or loss
to persons arising out of the performance of the duty required or authorized by this
section. "Police officer� means the full-time police from the rank of patrol up to
and including the rank of colonel or chief of any police department in any city or
town within the state of Rhode Island or of the state police.
(b) All fees, except court costs, collected under this chapter shall be paid into the
state treasury and credited to the highway safety fund in a special account hereby
created, to be known as the "financial responsibility compliance special account.�
This special account shall be used exclusively to cover costs incurred by the division
of motor vehicles in the administration of this chapter, and by any law enforcement
agency employing any police officer who returns any license, certificate of registration,
and registration plates to the administrator of the division of motor vehicles pursuant
to this chapter.
(c) The administrator of the division of motor vehicles, court, or traffic tribunal may
require proof of financial security. A person may demonstrate proof of financial responsibility
under this section by presenting to the court, traffic tribunal, or administrator
of the division of motor vehicles any of the following documents or a copy of these
documents:
(1) A certificate of proof of financial responsibility;
(2) A bond or certification of the issuance of a bond;
(3) A certificate of deposit of money or securities; or
(4) A certificate of self insurance.
(d) At the time of investigation of a motor vehicle offense or accident by a police officer
or when a motor vehicle is stopped by a police officer for probable cause, the police
officer making the investigation or stopping the motor vehicle shall ask for evidence
of proof of financial security as defined in this chapter. Proof of financial responsibility
may be provided using a mobile electronic device; provided, however, that the police
officer requiring the proof of financial responsibility shall be prohibited from viewing
any other content on the mobile electronic device. Any person utilizing an electronic
device to provide proof of insurance shall assume any and all liability for any damage
sustained to the mobile electronic device. If the evidence is not provided, a citation
to appear before the traffic tribunal shall be issued to the operator. However, any
citation issued solely for failing to provide evidence of financial responsibility
shall be held by the issuing police officer or law enforcement agency for at least
one business day before submitting the citation to the traffic tribunal. Any operator
who receives a citation for failing to provide valid evidence of financial responsibility
shall have the opportunity to provide evidence of financial responsibility that existed
at the time of the violation within the one-business-day period, at which time the
issuing police officer or law enforcement agency shall withdraw the citation, and
the motorist shall not be required to appear before the traffic tribunal. Notwithstanding
this provision, police officers who issue a citation for lack of evidence of financial
responsibility, in addition to one or more other citations, need not wait the one-business-day
waiting period before submitting the citation for lack of evidence of financial responsibility
to the traffic tribunal. The traffic tribunal may, by rule and regulation, prescribe
the procedures for processing the citations. Motor vehicles may not be stopped solely
for the purpose of checking for evidence of proof of financial security.
(e)(1) Upon a first offense, one must provide proof of current insurance and a binder or
release letter covering the cost of the accident, as long as the accident does not
include bodily injury or death.
(2) In addition, penalties do not release the motorist from any pending matter before
any other appropriate court.
(f) Any operator of a motor vehicle registered in this state who shall operate a motor
vehicle without proof of financial security, as defined in this chapter, being in
full force and effect on the date of the motor vehicle stop or accident, may be subject
to suspension of license and fines as follows:
(1) For a first offense, a suspension of up to thirty (30) days and may be fined one hundred
dollars ($100) up to two hundred and fifty dollars ($250);
(2) For a second offense, a suspension of up to six (6) months and may be fined five hundred
dollars ($500); and
(3) For a third and subsequent offense, a suspension of up to one year. Additionally,
any person violating this section a third or subsequent time shall be punished as
a civil violation and may be fined one thousand dollars ($1,000).