State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-51 > 31-51-3

SECTION 31-51-3

   § 31-51-3  Procedure – Notice. –(a) Except as expressly provided in this chapter, all prosecutions based onevidence produced by a live digital video school bus violation detectionmonitoring system shall follow the procedures established in chapter 41.1 ofthis title, chapter 8-18 of the general laws and the rules promulgated by thechief magistrate of the traffic tribunal for the hearing of civil trafficviolations in the traffic tribunal. Citations may be issued by an officersolely based on evidence obtained by use of a live digital video school busviolation detection monitoring system. All citations issued based on evidenceobtained from a live digital video school bus violation detection monitoringsystem shall be issued within seven (7) days of the violation. Notwithstandingany provisions of the general laws to the contrary, exclusive jurisdiction tohear and decide any violation under this chapter shall be with the traffictribunal.

   (b) It shall be sufficient to commence a prosecution based onevidence obtained from a live digital video school bus violation detectionmonitoring system. A copy of the citation and supporting documentation shall bemailed to the address of the registered owner kept on file by the registry ofmotor vehicles pursuant to § 31-3-34 of the general laws. For purposes ofthis section, the date of issuance shall be the date of mailing.

   (c) The officer issuing the citation shall certify underpenalties of perjury that the evidence obtained from the live digital videoschool bus violation detection monitoring system was sufficient to demonstratea violation of the motor vehicle code. Such certification shall be sufficientin all prosecutions pursuant to this chapter to justify the entry of a defaultjudgment upon sufficient proof of actual notice in all cases where the citationis not answered within the time period permitted.

   (d) The citation shall contain all the information providedfor on the uniform summons as referred to in § 31-41.1-1 of the generallaws and the rules of procedure promulgated by the chief magistrate of thetraffic tribunal for the traffic tribunal, as well as the date, time andlocation of the violation.

   (e) In addition to the information in the uniform summons,the following information shall be attached to the citation as evidence:

   (i) Copies of two (2) or more photographs, ormicrophotographs, videos, or other recorded images taken as proof of theviolation;

   (ii) A signed statement by a trained law enforcement officerthat, based on inspection of recorded images and video, the motor vehicle wasbeing operated in violation of § 31-20-12;

   (iii) A statement that recorded images are evidence of aviolation of this chapter; and

   (iv) A statement that the person who receives a summons underthis chapter may either pay the civil penalty in accordance with the provisionsof § 31-20-12, or elect to stand trial for the alleged violation; and

   (v) A signed affidavit by a person who witnessed live themotor vehicle being operated in violation of § 31-20-12.

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-51 > 31-51-3

SECTION 31-51-3

   § 31-51-3  Procedure – Notice. –(a) Except as expressly provided in this chapter, all prosecutions based onevidence produced by a live digital video school bus violation detectionmonitoring system shall follow the procedures established in chapter 41.1 ofthis title, chapter 8-18 of the general laws and the rules promulgated by thechief magistrate of the traffic tribunal for the hearing of civil trafficviolations in the traffic tribunal. Citations may be issued by an officersolely based on evidence obtained by use of a live digital video school busviolation detection monitoring system. All citations issued based on evidenceobtained from a live digital video school bus violation detection monitoringsystem shall be issued within seven (7) days of the violation. Notwithstandingany provisions of the general laws to the contrary, exclusive jurisdiction tohear and decide any violation under this chapter shall be with the traffictribunal.

   (b) It shall be sufficient to commence a prosecution based onevidence obtained from a live digital video school bus violation detectionmonitoring system. A copy of the citation and supporting documentation shall bemailed to the address of the registered owner kept on file by the registry ofmotor vehicles pursuant to § 31-3-34 of the general laws. For purposes ofthis section, the date of issuance shall be the date of mailing.

   (c) The officer issuing the citation shall certify underpenalties of perjury that the evidence obtained from the live digital videoschool bus violation detection monitoring system was sufficient to demonstratea violation of the motor vehicle code. Such certification shall be sufficientin all prosecutions pursuant to this chapter to justify the entry of a defaultjudgment upon sufficient proof of actual notice in all cases where the citationis not answered within the time period permitted.

   (d) The citation shall contain all the information providedfor on the uniform summons as referred to in § 31-41.1-1 of the generallaws and the rules of procedure promulgated by the chief magistrate of thetraffic tribunal for the traffic tribunal, as well as the date, time andlocation of the violation.

   (e) In addition to the information in the uniform summons,the following information shall be attached to the citation as evidence:

   (i) Copies of two (2) or more photographs, ormicrophotographs, videos, or other recorded images taken as proof of theviolation;

   (ii) A signed statement by a trained law enforcement officerthat, based on inspection of recorded images and video, the motor vehicle wasbeing operated in violation of § 31-20-12;

   (iii) A statement that recorded images are evidence of aviolation of this chapter; and

   (iv) A statement that the person who receives a summons underthis chapter may either pay the civil penalty in accordance with the provisionsof § 31-20-12, or elect to stand trial for the alleged violation; and

   (v) A signed affidavit by a person who witnessed live themotor vehicle being operated in violation of § 31-20-12.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-31 > Chapter-31-51 > 31-51-3

SECTION 31-51-3

   § 31-51-3  Procedure – Notice. –(a) Except as expressly provided in this chapter, all prosecutions based onevidence produced by a live digital video school bus violation detectionmonitoring system shall follow the procedures established in chapter 41.1 ofthis title, chapter 8-18 of the general laws and the rules promulgated by thechief magistrate of the traffic tribunal for the hearing of civil trafficviolations in the traffic tribunal. Citations may be issued by an officersolely based on evidence obtained by use of a live digital video school busviolation detection monitoring system. All citations issued based on evidenceobtained from a live digital video school bus violation detection monitoringsystem shall be issued within seven (7) days of the violation. Notwithstandingany provisions of the general laws to the contrary, exclusive jurisdiction tohear and decide any violation under this chapter shall be with the traffictribunal.

   (b) It shall be sufficient to commence a prosecution based onevidence obtained from a live digital video school bus violation detectionmonitoring system. A copy of the citation and supporting documentation shall bemailed to the address of the registered owner kept on file by the registry ofmotor vehicles pursuant to § 31-3-34 of the general laws. For purposes ofthis section, the date of issuance shall be the date of mailing.

   (c) The officer issuing the citation shall certify underpenalties of perjury that the evidence obtained from the live digital videoschool bus violation detection monitoring system was sufficient to demonstratea violation of the motor vehicle code. Such certification shall be sufficientin all prosecutions pursuant to this chapter to justify the entry of a defaultjudgment upon sufficient proof of actual notice in all cases where the citationis not answered within the time period permitted.

   (d) The citation shall contain all the information providedfor on the uniform summons as referred to in § 31-41.1-1 of the generallaws and the rules of procedure promulgated by the chief magistrate of thetraffic tribunal for the traffic tribunal, as well as the date, time andlocation of the violation.

   (e) In addition to the information in the uniform summons,the following information shall be attached to the citation as evidence:

   (i) Copies of two (2) or more photographs, ormicrophotographs, videos, or other recorded images taken as proof of theviolation;

   (ii) A signed statement by a trained law enforcement officerthat, based on inspection of recorded images and video, the motor vehicle wasbeing operated in violation of § 31-20-12;

   (iii) A statement that recorded images are evidence of aviolation of this chapter; and

   (iv) A statement that the person who receives a summons underthis chapter may either pay the civil penalty in accordance with the provisionsof § 31-20-12, or elect to stand trial for the alleged violation; and

   (v) A signed affidavit by a person who witnessed live themotor vehicle being operated in violation of § 31-20-12.