§ 31-51-3. Procedure — Notice.
(a) Except as expressly provided in this chapter, all prosecutions based on evidence produced
by a live digital video school bus violation detection monitoring system shall follow
the procedures established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated by the chief magistrate of the traffic tribunal for the
hearing of civil traffic violations in the traffic tribunal. Provided, that in an
action brought pursuant to the provisions of this chapter, references in chapter 41.1
of this title to an "operator� shall apply to the registered owner of the vehicle.
A summons may be issued by an officer solely based on evidence obtained by use of
a live digital video school bus violation detection monitoring system. All summonses
issued based on evidence obtained from a live digital video school bus violation detection
monitoring system shall be issued within ten (10) days of the violation. Notwithstanding
any provisions of the general laws to the contrary, jurisdiction to hear and decide
any violation under this chapter shall be as follows:
(1) By the traffic tribunal over all violations for which the summons is issued by a state
agency;
(2) By the traffic tribunal over all violations for which the summons is issued by a city
or town which has not established a municipal court; and
(3) By the municipal court over all violations for which the summons is issued by a city
or town which has established a municipal court.
(b) It shall be sufficient to commence a prosecution based on evidence obtained from a
live digital video school bus violation detection monitoring system. A copy of the
summons and supporting documentation shall be mailed to the address of the registered
owner kept on file by the registry of motor vehicles. For purposes of this section,
the date of issuance shall be the date of mailing.
(c) The officer issuing the citation shall certify under penalties of perjury that the
evidence obtained from the live digital video school bus violation detection monitoring
system was sufficient to demonstrate a violation of the motor vehicle code. Such certification
shall be sufficient in all prosecutions pursuant to this chapter to justify the entry
of a default judgment upon sufficient proof of actual notice in all cases where the
citation is not answered within the time period permitted.
(d) The summons shall contain all the information provided for on the uniform summons
as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the traffic tribunal
as well as the date, time, and location of the violation. In addition, the following
information shall be attached to or accompany the summons:
(1) Copies of two (2) or more photographs, or microphotographs, videos, or other recorded
images taken as proof of the violation;
(2) A signed statement certified under the penalties of perjury by a trained law enforcement
officer that, based on inspection of recorded images and video, the motor vehicle
was being operated in violation of this chapter;
(3) A signed statement that recorded images are evidence of a violation of this chapter;
(4) A statement that the person who receives the summons under this chapter may either
pay the civil fine in accordance with the provisions of § 31-51-2.2, proceed under § 31-51-5(c)(3) of this section, or elect to stand trial for the alleged violation;
(5) A signed affidavit by a person who witnessed the motor vehicle being operated in violation
of this chapter; and
(6) A signed statement certified under the penalties of perjury by a trained law enforcement
officer that the summons and attachments required under this subsection were mailed
to the address of the registered owner kept on file by the registry of motor vehicles.
(e) Any summons issued pursuant to this chapter shall be issued by a law enforcement officer
authorized to issue a traffic violation summons pursuant to this title.