SECTION 1. Legislative findings and purpose.
(1) It is the intent of the legislature to keep the public safe when on the road. Excessive speeding is a leading cause of traffic fatalities and injuries. Nationwide, speed was a component in twenty-nine percent (29%) of all crash fatalities in 2022. Speeding drivers negatively impact all who use the road, including pedestrians, bikers, and other forms of transportation. The legislature finds that solutions are needed to keep the public safe on the road and to change public behavior.
(2) Intelligent Speed Assistance (ISA) devices offer an improved solution to address excessive speeding. Tools utilized to reduce speeding on roadways often include issuing traffic fines, suspending licenses, and impounding cars, but these solutions are no longer effective to address excessive, repeated speeding. Traffic fines do not substantially deter speeding or change behavior, and most drivers with a suspended license continue to drive. According to the American Association of Motor Vehicle Administrators, more than seventy percent (70%) of people with suspended licenses continue to drive during the suspension period.
(3) ISA technology enables individuals to continue driving, issues a meaningful penalty and facilitates driver education and training to create safer driving habits. By leveraging technology to enable individuals to continue driving, while preventing speeding, the legislature intends to enhance road safety to promote safer driving habits and keep the public safe, all of which work to directly address the issue of speeding on our roads
(4) The Legislature finds that utilizing ISA devices for high-risk drivers, particularly those with repeated speed-related violations, can prevent recidivism and provide long term traffic safety improvements.
SECTION 2. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES" is hereby amended by adding thereto the following chapter: 31-27.2-1. Short title. This chapter shall be known and may be cited as the "Super Speeder Accountability Act." 31-27.2-2. Definitions. As used in this chapter:
(1) "Department" means the department of motor vehicles, which oversees drivers licensing and license suspensions resulting from failure to pay fines or appear in traffic court.
(2) "Eligible offender" means a person whose license has been suspended due to a district court conviction or administrative finding by the traffic tribunal of excessive speeding, racing, or reckless driving where speed was a factor, or a person who has been convicted of multiple moving offenses and is subject to the provisions of § 31-27-24.
(3) "Excessive speeding" means traveling at twenty miles per hour (20 mph) or greater in excess of the posted speed limit, if the posted speed limit is forty miles per hour (40 mph) or less; and thirty miles per hour (30 mph) or greater in excess of the posted speed limit, if the posted speed limit is greater than forty miles per hour (40 mph).
(4) "Intelligent speed assistance device" or "ISA device" means an aftermarket device that uses GPS to actively limit the vehicle's speed to posted or pre-set speed limits. Devices shall be tamper resistant and capable of reporting attempts to disable or circumvent functionality. Active "intelligent speed assistance device" shall not include any technology that is provided by the vehicle manufacturer as a component of a new motor vehicle and that controls or affects the speed of a motor vehicle.
(5) "Rhode Island traffic tribunal" means the court which has original jurisdiction over civil traffic offenses committed in Rhode Island. 31-27.2-3. Mandatory use of ISA devices.
(a) The Rhode Island traffic tribunal or district court shall require installation and use of an ISA device as a condition for license reinstatement for any eligible offender.
(1) If a person's license has been suspended pursuant to the provisions of this chapter, the terms of restricted or revoked license reinstatement shall require the person to use a properly functioning intelligent speed assistance device while operating a motor vehicle.
(2) If a person has been convicted of multiple moving offenses and is subject to the provisions of § 31-27-34, the person shall be ordered to install an ISA device as a condition of keeping operating privileges.
(3) A person subject to the requirements in subsection (a) of this section shall not operate any motor vehicle without a properly functioning ISA device installed in the vehicle for the duration of the restricted license.
(4) A person subject to the requirements in subsection (a) of this section shall provide proof of ISA installation to the traffic tribunal through a form approved by the department from an ISA vendor.
(b) The offender shall bear the cost of leasing, installing, removing and maintaining the ISA device.
(c) The ISA device shall be operational on any vehicle the offender operates for a period of not less than twelve (12) months following reinstatement. 31-27.2-4. Certification and installation.
(a) To be eligible to install, repair, maintain, monitor, or remove an intelligent speed assistance device, an entity shall apply to the department and meet the requirements as provided in this section.
(b) An applicant seeking approval to install the device shall submit a declaration to the department that the device is an intelligent speed assistance device as defined in this chapter.
(c) To maintain eligibility under this section, a certified ISA or ignition interlock device provider or installer shall submit the results of a criminal background check to the department annually for any individual that is hired to install, repair, maintain, monitor, or remove the device.
(d) Only certified ISA devices and installers of ISA devices and ignition interlock devices shall be used to meet the requirements of this chapter.
(e) The department shall adopt regulations governing the certification of ISA device providers and installers. 31-27.2-5. Program administration. The department shall establish procedures for issuing restricted licenses:
(1) Notifying offenders of ISA requirements;
(2) Verifying installation and continued functionality of ISA devices; and
(3) Monitoring compliance and responding to violations. 31-27.2-6. Penalties for noncompliance.
(a) A person who is restricted to the use of a vehicle equipped with an intelligent speed assistance device is noncompliant if the restricted driver:
(1) Tampers with the device or any components of the device, or otherwise interferes with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle;
(2) Has, directs, authorizes, or requests another person to tamper with the ISA device or any components of the device, or otherwise interfere with the proper functionality of the device, by modifying, detaching, disconnecting, or otherwise disabling it to allow the restricted driver to operate the vehicle;
(3) Operates a vehicle without a required ISA device; or
(4) Fails to return the device to the vendor upon program completion.
(b) Penalties for noncompliance under this chapter shall be:
(1) Immediate re-suspension or revocation of driving privileges; and
(2) Extension of the ISA requirement for an additional six (6) months;
(c) If an individual is found to be noncompliant and chooses to instead cede all driving privileges, the individual's license is suspended or revoked entirely and shall submit an affidavit of nondriving to the department.
(d) Non-restricted license reinstatement shall not occur until the user has satisfied the period of time required by the court or department to use the device without incurring additional time penalties or has completed the required time utilizing the device following additional time penalties. 31-27.2-7. Liability clarifications.
(a) A manufacturer, distributor or retailer of a motor vehicle shall not be liable for any loss, injury, or damages caused by the design, manufacture, installation, improper installation, use, or misuse of an aftermarket intelligent speed assistance device. Provided, however, liability does exist if the manufacturer, distributor or retailer of a motor vehicle knowingly engages in a repair or update to the aftermarket intelligent speed assistance device and such repair or update proximately causes loss, injury or damage.
(b) Nothing in this chapter requires a manufacturer, distributor or retailer of a motor vehicle to manufacture, distribute, or offer for sale a motor vehicle that includes or is compatible with an aftermarket intelligent speed assistance device.
(c) Nothing in this chapter prohibits a lessor or lienholder from requiring that a motor vehicle lessee or owner notify the lessor or lienholder that an aftermarket intelligent speed assistance device has been installed on a motor vehicle that is subject to a lease or finance agreement. 31-27.2-8. Data collection.
(a) All data collected pursuant to the provisions of this chapter shall be securely maintained by the ISA device provider. Data related to violations involving tampering with, circumventing, or removing the ISA device shall be sent by notice to the department or the judge who ordered the installation of the device.
(b) Data collected pursuant to the provisions of this chapter may only be disclosed under the following circumstances:
(1) When required by a court order;
(2) As directed by a state statute or regulation.
(3) With the department or provided to the traffic court in cases involving alleged violations for tampering with, circumventing, or removing the device; or
(4) If the data is depersonalized and aggregated for research or evaluation purposes. 31-27.2-9. Reporting and evaluation.
(a) The department shall submit an annual report to the governor, speaker of the house and the senate president summarizing program data, including recidivism rates, and user compliance.
(b) The department may adjust implementation based on findings and emerging best practices in ISA technology. 31-27.2-10. Rulemaking authority. The department is authorized to promulgate rules and regulations to implement the provisions of this chapter.
SECTION 3. This act shall take effect upon passage..
