Title 31; 31-21.2 ( Comprehensive Community-Police Relation Act), 31-22 ( Miscellaneous Rules)

Question 1

31-21.2-5. Law enforcement practices (Racial Profiling Act); what is needed to prevent violations; (Motor Vehicle Stops)

Answer 1

For Traffic Violation; no MV stop shall be detained more than time needed to address the violation, but reasonable amount of time for arrival of K9 unit if reasonable suspicion/PC of a criminal matter. 2) No motorists/owner/passenger shall be requested of a consent to search of MV solely stopped for MV violation, UNLESS there exists PC/Reasonable suspicion of criminal activity.

Question 2

31-21.2-5. Law enforcement practices (Racial Profiling Act); what is needed to prevent violations; (Pedestrian Stops)

Answer 2

No pedestrian shall be requested to consent to a search of their person, UNLESS there exists PC/Reasonable Suspicion of criminal activity. Same for juveniles with also in which instances a warrant would be required, a law enforcement officer must advise the juvenile that he or she may refuse to consent to, or limit the scope of, any requested search. IN all Above does not prohibit officer from “Pat Down” for weapons based on reasonable belief of safety to officer is jeopardized.

Question 3

31-21.2-5. Law enforcement practices (Racial Profiling Act); what is needed for; (Reporting)

Answer 3

Each search conducted by a law enforcement officer that DOES NOT RESULT in criminal charges shall be documented in a computer-aided dispatch (CAD) entry or other police-generated report. Each search conducted by a law enforcement officer that RESULTS in criminal charges shall be documented in a police-generated report. BOTH shall also include the race, age, and gender of the individual(s) searched.

Question 4

31-21.2-5. Law enforcement practices (Racial Profiling Act); what is needed for what LEO requires for MV stop documents;

Answer 4

For solely a traffic violation, the operator is just license, reg/insurance info. UNLESS PC/Reasonable Suspicion is developed for criminal activity or operator has failed to produce a valid driver’s license.

Question 5

31-21.2-5. Law enforcement practices (Racial Profiling Act); what is needed for LEO using Audio/Video;

Answer 5

Adopt written policies. Recording shall begin no later than when an officer first signals the vehicle to stop (unless it compromises a sensitive investigation/jeopardizes safety of veh occupants or Cooperating witness inside/ or equipt malfunction. Shall keep recording until veh pulls away or officer participation with vehicle stop ends.

Question 6

31-21.2-5. Law enforcement practices (Racial Profiling Act); what is needed for viewing of recording by public;

Answer 6

Driver and their legal team shall have right to view in-car recording at PD, if viewing does not interfere with investigation. Passenger has same right IF that passenger became the subject of the police interaction recorded.

Question 7

31-22 (Miscellaneous Rules) 31-22-1. Unattended vehicles;

Answer 7

Turn off engine, lock ignition, remove key, set break, and while on any grade turn wheels to curb or side. Hide a key does not have to be removed.

Question 8

31-22 (Miscellaneous Rules) 31-22-3 Restrictions on backing;

Answer 8

NO backing movement unless safe and w/o interfering w/other traffic.

Question 9

31-22 (Miscellaneous Rules) 31-22-3 Riding on Motorcycles

Answer 9

Shall not carry unless designed for 2 persons w/seat firmly attached to rear or side of operator. NO passenger rides in front of operator.

Question 10

31-22 (Miscellaneous Rules) 31-22-3.1 (Passengers on Motor Driven Cycles prohibited)

Answer 10

None as defined in 31-3-1 (Motor Driven Cycle Definition). 1st violation $25, $50 for 2nd and subsequent.

Question 11

31-22 (Miscellaneous Rules) 31-22-4 (Overloading Vehicles)

Answer 11

Shall not drive in front seat more than 3, as to obstruct the view of the drivers view front/sides or interfere w/driver control of vehicle. Or any passenger shall ride to interfere w/ previous sentence.

Question 12

31-22 (Miscellaneous Rules) 31-22-6 (Coasting Prohibited)

Answer 12

Cannot be in neutral going down grade. Commercial veh cannot use the clutch to coast down grade.

Question 13

31-22 (Miscellaneous Rules) 31-22-7 (Following a Fire Apparatus)

Answer 13

Other than on official business, shall not follow NFD traveling in response to fire alarm closer than 500 feet, nor drive into/park the veh to block where NFD has stopped to answer fire alarm.

Question 14

31-22-8. Crossing fire hose (miscellaneous Rules)

Answer 14

No vehicle shall be driven over any unprotected hose of a fire department when it is laid down on any street, or private driveway to be used at any fire or alarm of fire, w/o consent of fire dept official in command.

Question 15

31-22-9. Throwing debris on highway — Snow removal (Miscellaneous Rules)

Answer 15

No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon the highway, or likely to deface the beauty or cleanliness of the highway, nor shall any person in removing snow from any driveway, public or private, leave the snow in any condition so as to constitute a hazard. (“Street or highway” means the entire width between boundary lines of every way when any part of it is open to the use of the public for purposes of vehicular traffic)

Question 16

31-22-10 through 11.2 (School Busses, Miscellaneous Rules);

Answer 16

Oversite is done by the DMV; School buses must have liability insurance School bus or “other mass transit vehicle” is defined at the means to transport (10) or more persons which are primarily minors.

Question 17

31-22-11.3. Random inspection of school buses (Miscellaneous Rules);

Answer 17

DMV, State and Local PD are authorized to stop school busses to visually inspect on public roads/highways and public and private parking areas. If found in violation bus maybe immediately impounded w/notification shall be sent to reg owner/school superintendent and school committee of that jurisdiction.

Question 18

31-22-11.6. Childcare vehicles and school extracurricular vehicles (Miscellaneous Rules);

Answer 18

Regulations for mv equip to transport children to/form childcare facilities and school sponsored activities (including athletics, internships, extracurricular activities). School Extracurricular veh is designed to transport 15 or less including operator (same w/ childcare veh). Child care veh must have permanently affixed 2 inch lettering of the organization on the side of vehicle (if leased veh. a magnetic sign will be used). Both Childcare/extracurricular vehicle must have first-aid, airway, and bodily fluid spill kit. Also shall have an audible door alarm and back up alarm.

Question 19

31-22-11.7. Unauthorized school bus entry (Miscellaneous Rules);

Answer 19

Any person over eighteen (18) years of age who enters a school bus as defined in § 31-1-3 without prior authorization of the driver or a school official, and who refuses to disembark after being ordered to do so by the driver, shall be guilty of a misdemeanor.

Question 20

31-22-11.8. Unauthorized use of personal wireless communication devices on a school bus (Miscellaneous Rules);

Answer 20

The use of a personal wireless communications device by a school bus driver shall be prohibited, while the bus is transporting children, except in the case of an emergency

Question 21

31-22-11.9. Use of personal wireless communications devices by minors while operating motor vehicles is prohibited. (Miscellaneous Rules);

Answer 21

The use of a personal wireless communication device by a minor, while the minor is operating a motor vehicle shall be prohibited, except in the case of an emergency

Question 22

31-22-22. Safety belt use — Child restraint. (Miscellaneous Rules)

Answer 22

Child under 8, less than 57”, less 80 lbs shall transport in back seat in a child restraint. Infants/toddlers <2, < 30lbs in rear facing restraint. >2 forward facing with harness restraint. (Exceptions are no backseat or all rear seats are utilized by children. (if cited operator has 7 days to prove bought a child restraint with citation voided, if not must go to RITT.) (If proper restrain, but not in rear then regular fine). Any operator transporting 8-17 yr old w/out seatbelt/shoulder harness is in violation per offense. Any operator/passenger >18 must wear seatbelt w/regular fine. (Exceptions; USPS letter carrier on duty, mv made before 7/1/66 or a written letter from license physician that person is unable to….have to renew every 12 months). Must have reasonable susp operator/passenger in violation. Cannot search alone with just seatbelt violation.

Question 23

31-22-24. Interior lights to be operated before dawn and after dusk during police stop (Miscellaneous Rules);

Answer 23

All drivers shall turn on their interior light on a car stop 30 mins after sunset to 30 mins prior to sunrise.

Question 24

31-22-28. Transporting animals (Miscellaneous Rules);

Answer 24

Animals transported for business or pleasure in veh/or open air vehicle must be; kept in enclosed area of vehicle, under physical control of person other than operator or in a safety harness restraint other than neck restraints.

Question 25

31-22-30. Text messaging while operating a motor vehicle (Miscellaneous Rules);

Answer 25

Operating/Driving (Means; a mv on a public road to include temporarily stationary because of traffic, traffic light, stops sign that does not have the mv pulled off to side of road or out of roadway). No person shall use a wireless handset or personal wireless communication device to compose, read, or send text messages while driving a motor vehicle on any public street or public highway within the state of Rhode Island. (Exceptions; LEO, first aid, emt’s/personnel, fire all in performance of duties; or person using wireless handset; or using navigation/gps equipment/applications)

Question 26

31-22-31. Mobile telephone usage by motor vehicle operators (Miscellaneous Rules);

Answer 26

Engaged in a call (talking/listening on handheld device; but does not include to activate/deactivate/or initiate telephone function of phone). Except as otherwise provided in this section, no person shall operate a motor vehicle while using a hand-held personal wireless communication device to engage in a call while such vehicle is in motion. A wireless communication device to, or in the immediate proximity of, the operator’s ear while such vehicle is in motion is presumed to be engaging in a call. (Exceptions; Police/fire or similar radio mic; or LEO, Fire, Rescue, Taxi Cab, Tow Truck, Bus w/out passengers or employees/agents of public utility in capacity of duties).