TITLE 8
Courts and Civil ProcedureCourts
CHAPTER 8-8.2
Traffic tribunal
SECTION 8-8.2-2
§ 8-8.2-2 Jurisdiction.
(a) Notwithstanding any inconsistent provision of law, all probationary license
hearings as provided in § 31-10-26, all violations of the department of
transportation, department of environmental management or board of governors
for higher education regulations regarding parking, standing, or stopping in
areas under the jurisdiction of said agencies, all violations of state statutes
relating to motor vehicles, littering and traffic offenses, except those
traffic offenses committed in places within the exclusive jurisdiction of the
United States, and except driving so as to endanger resulting in death, driving
so as to endanger resulting in personal injury, driving while under the
influence of liquor or drugs, driving while under the influence of liquor or
drugs resulting in death, driving while under the influence of liquor or drugs
resulting in serious bodily injury, reckless driving and other offenses against
public safety as provided in § 31-27-4, eluding a law enforcement officer
with a motor vehicle in a high speed pursuit, driving after denial, suspension
or revocation of license, and leaving the scene of an accident in violation of
§ 31-26-1 and § 31-26-2, and driving without the consent of the owner
and possession of a stolen motor vehicle in violation of § 31-9-1 and
§ 31-9-2, shall be heard and determined by the traffic tribunal pursuant
to the regulations promulgated by the chief magistrate of the traffic tribunal;
provided, however, the traffic tribunal shall not hear any parking, standing or
stopping violations which occur in any city or town which has established its
own municipal court and has jurisdiction over such violations. Nothing
contained herein shall abrogate the powers of the Rhode Island family court
under the provisions of chapter 1 of title 14.
(b) Notwithstanding any inconsistent provision of law, the
traffic tribunal shall have concurrent jurisdiction to hear and determine,
pursuant to rules and regulations promulgated by the chief magistrate of the
traffic tribunal, all violations of any ordinances, rules and regulations
governing the public waters and the speed, management and control of all
vessels and the size, type and location and use of all anchorages and moorings
within the jurisdiction of the towns of North Kingstown, South Kingstown,
Portsmouth, Middletown, Narragansett and Tiverton enforced and supervised by
the harbormaster and referred to the traffic tribunal, and the terms "traffic
violations" and "traffic infraction" when used in this chapter shall include
the aforesaid violations and such violations shall be adjudicated in accordance
with the provisions of this chapter. Nothing contained herein shall abrogate
the powers of the Rhode Island coastal management council under the provisions
of chapter 23 of title 46.
(c) Notwithstanding any inconsistent provision of law, the
traffic tribunal shall have jurisdiction to hear and determine, pursuant to
rules and regulations promulgated by the chief magistrate of the Rhode Island
traffic tribunal, all civil violations for §§ 20-1-12, 20-11-20,
20-16-17, 23-22.5-9, 32-2-4, subparagraphs 21-28-4.01(c)(2)(iii) and
21-28-4.01(c)(2)(iv) and subsection 46-22-19(1) as set forth in §
42-17.10-1.
(d) A party aggrieved by a final order of the traffic
tribunal appeals panel shall be entitled to a review of the order by a judge of
the district court. Unless otherwise provided in the rules of procedure of the
district court, such review shall be on the record and appellate in nature. The
district court shall by rules of procedure establish procedures for review of
an order entered by the appeals panel of the traffic tribunal.
(e) Violations of any statute, rule, ordinance or regulation
referenced in this section are subject to fines enumerated in § 31-41.1-4,
except for violations of subparagraphs 21-28-4.01(c)(2)(iii) and
21-28-4.01(c)(2)(iv).
History of Section.
(P.L. 1999, ch. 218, art. 4, § 1; P.L. 2007, ch. 73, art. 3, § 8;
P.L. 2007, ch. 253, § 2; P.L. 2007, ch. 294, § 2; P.L. 2008, ch. 1,
§ 4; P.L. 2008, ch. 100, art. 12, § 3; P.L. 2012, ch. 221, § 4;
P.L. 2012, ch. 233, § 4.)
