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COMMITTEE ON HOMELAND SECURITY, JUSTICE AND PUBLIC SAFETY 12/11/2024-HELD IN COMMITTEE BILL NO. 35-0417 Thirty-Fifth Legislature of the Virgin Islands December 10, 2024 An Act repealing and reenacting Title 20 Virgin Islands Code, part II, chapter 43, section 512 increasing penalties for traffic violations; establishing a Virgin Islands Police Department Impound Lot; and for other related purposes PROPOSED BY: Senator Kenneth L. Gittens Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. This Act may be cited as the “Updated Traffic Fines and Police 2 Impound Lot Establishment Act of 2024." 3 SECTION 2. Title 20 Virgin Islands Code, Part II, chapter 43, section 512 is repealed 4 and reenacted with amendments as follows: 5 § 512. Schedule of fines for traffic violations 6 VIC VIOLATION DESCRIPTION 1st. FEE 2nd. FEE 3rd. FEE T 20, 374 Allowing unlicensed driver to operate a vehicle 100.00 100.00 200.00 125.00 150.00 T 20, 461(a),(b) Operating vehicles with bald tires 100.00 T 20, 461(a),(b) Operating vehicles with broken windshield 100.00 150.00 200.00 T 20, 465(e) Operating or carrying person on motorcycle without wearing helmet 125.00 175.00 225.00 T 20, 465(d) Carrying more than 1 person on a motorcycle designed to carry one person 100.00 200.00 TO BE DETERMINED BY THE COURT T 20, 461(a),(b) Driving an unsafe vehicle 100.00 150.00 200.00 T 20, 371(a) Driving without a license (Never obtaining a driver’s license) 100.00 200.00 TO BE DETERMINED BY THE COURT T 20, 509 Driving while using cell phone (Mobile Phone) 150.00 200.00 300.00 2 T 23, 414 & 415 Disregarding Crosswalk 100.00 125.00 150.00 T 20, 332 Displaying a sticker not approved or generated by Bureau of Motor Vehicles Dir. 250.00 TO BE DETERMINED BY THE COURT TO BE DETERMINED BY THE COURT T 20, 541 Failing to report an accident 100.00 150.00 200.00 T 23,411&415 Failing to yield the right of way 100.00 150.00 200.00 T 20, 463(a) Failing to dim lights 100.00 125.00 150.00 T 20, 495a Failing to stop for siren 100.00 150.00 200.00 T 20, 334(e) Unlawfully transferring license plates 150.00 250.00 350.00 T 20, 491(b) Failing to stop when ordered 150.00 200.00 300.00 T 20, 335(a) Failing to transfer registration 150.00 225.00 300.00 T 20, 495(d) Failing to signal 100.00 125.00 250.00 T 20, 491(b) Failing to proceed when ordered 100.00 125.00 150.00 T 20, 491(b) Failing to obey an officer when ordered to stop or proceed 150.00 200.00 300.00 T 20, 500 Failing to meet vehicular load, height, width requirements TO BE DETERMINE BY COURT T 20, 466(a) Failing to Restrain Infant or toddler under age 5 by use of child restraint system or booster seat 100.00 200.00 300.00 T 20, 494a(a) Failing to drive above minimum speed or failure to drive at minimum speed necessary for safe driving 100.00 150.00 200.00 T 20, 331(1)(2) Failing to display registration sticker 100.00 150.00 200.00 T 20, 708 &712 Failing to show proof of vehicle insurance 100.00 150.00 200.00 T 20, 497(d) Impeding traffic 100.00 150.00 200.00 T 20, 463 Failing to display proper lighting 125.00 175.00 250.00 T 20, 464(b) Using improper muffler 150.00 250.00 350.00 T 20, 495(c) Failing to properly make a turn 100.00 125.00 175.00 T 20, 495(a) Failing to properly change lanes 100.00 150.00 200.00 T 20, 495(a) Improper passing at intersection 150.00 200.00 250.00 T 20, 495(a) Failing to properly pass 100.00 150.00 200.00 T 20, 497(a) Leaving keys in ignition 100.00 150.00 200.00 T 20, 541 Leaving the scene of an accident 500.00 Must Appear In Court T 20, 541 Leaving the scene of an accident personal injury 1000.00 Must Appear In Court T 20, 541 Leaving the scene of an accident property damage 750.00 Must Appear In Court T 20, 541 Leaving the scene of an accident personal/property 1,500.00 Must Appear In Court T 20, 461(a),(b) Failing to drive safely by burning out tires 100.00 125.00 150.00 T 20, 507 Failing to reverse properly 100.00 125.00 150.00 T 20, 495(a) Failing to remain on left side of street or highway 125.00 175.00 225.00 T 20, 492 Failing to maintain control of vehicle 150.00 200.00 250.00 T 20, 500 Operating an overloaded vehicle 150.00 200.00 250.00 T 20, 461(b) Operating an unsafe vehicle 100.00 150.00 200.00 T 20, 503 Negligent driving 200.00 250.00 300.00 T 20, 503 Negligent driving involving personal injury 1000.00 TO BE DETERMINED BY THE COURT TO BE DETERMINED BY THE COURT T 20, 503 Negligent driving involving property damage 750.00 TO BE DETERMINED BY THE COURT TO BE DETERMINED BY THE COURT T 20, 371(b) No license on person driving without a license on person 100.00 150.00 200.00 T 20, 463(a) No license plate lights 100.00 200.00 300.00 T 20, 333 No registration on person or in vehicle 100.00 200.00 300.00 3 T 20, 461(a),(b) No bumper on vehicle 150.00 200.00 250.00 T 20, 463(a) No covering of bumper lights 100.00 150.00 200.00 T 20, 461(a),(b) No fender 150.00 200.00 250.00 T 20, 401(a),(d) No taxi badge or card 150.00 200.00 250.00 T 20, 402(d) No taxi dome light 100.00 150.00 200.00 T 20, 404 No taxi tariff 125.00 175.00 225.00 T 20, 466 No safety belt/failure to wear safety belt 150.00 200.00 300.00 T 20, 497(d) Obstructing traffic 100.00 150.00 200.00 T 23, 91 One way street (Traveling wrong way on a one-way street) 125.00 175.00 225.00 T 20, 401 Operating vehicle for hire without license 200.00 250.00 300.00 T 20, 371(a) Operating vehicle while license is suspended 200.00 300.00 400.00 T 20, 498(a) Operating a motor vehicle with an excess number of passengers 150.00 200.00 250.00 T 23, 94 & 96 Overtime parking 100.00 125.00 150.00 T 20, 497(d) Parking in prohibited area 150.00 200.00 250.00 T 20, 497(e) Parking on a curb 125.00 175.00 225.00 T 20, 495(a) Passing on a curve 150.00 200.00 250.00 T 20, 495(a) Passing on a double yellow line 150.00 200.00 300.00 T 20, 495(a) Passing a "Do Not Enter" sign 100.00 150.00 200.00 T 20, 495(a) Passing a red light 150.00 175.00 200.00 T 20, 495(a) Passing a stop sign 100.00 100.00 150.00 T 20, 495(h)(1) Passing a school bus 200.00 300.00 TO BE DETERMINED BY THE COURT T 20, 466 Passenger without seatbelt 125.00 175.00 225.00 T 20, 497(d) Parking in handicapped zone 1,000.00 Must Appear In Court T 20, 492 Reckless driving 300.00 Must Appear In Court T 20, 465(e) Riding without helmet 150.00 200.00 300.00 T 20, 494 Speeding 150.00 250.00 350.00 T 20, 494 Exceeding the speed limit by 30 miles or more 150.00 250.00 350.00 T 20, 494 Exceeding the speed limit by not more than 29 miles 150.00 250.00 350.00 T 20, 401 Soliciting passengers 125.00 175.00 225.00 T 20, 800 Tinted glass on vehicle in violation of Title 20, section 150.00 250.00 350.00 T 20, 497b Unattended taxi 100.00 125.00 150.00 T 20, 712 Uninsured vehicle 250.00 500.00 TO BE DETERMINED BY THE COURT T 20, 331(1)(2)331 (1)(2) Unregistered vehicle 200.00 300.00 400.00 SECTION 3. Establishment of a Police Impound Lot 1 (a) The Virgin Islands Police Department shall establish an impound lot for the purpose 2 of securely storing motor vehicles that have been towed for traffic violations, traffic accidents, 3 impeding traffic on Virgin Islands roadways, or probable cause of criminal activity. 4 4 (b) The Police Commissioner shall establish regulations governing the operation of the 1 impound lot including: 2 (1) Implementing strict safety and security protocols for impounded vehicles and 3 their contents; 4 (2) Creating a schedule of fees or other charges to be charged motor vehicle 5 owners for towing services, storage services or both; 6 (3) Requiring that the regulations and fee schedules shall be made available to 7 the public. 8 (4) Towing Costs; 9 (5) Storage Costs; 10 (6) Administrative Costs; and 11 (7) Fee Adjustments. 12 (c) The Virgin Islands Police Department may charge an administrative fee in addition 13 to the fees charged for the towing and storage of the impounded vehicle. All administrative 14 fees, and towing and storage fees must be imposed on the registered owner of the motor vehicle. 15 (d) The registered owner of the vehicle shall be provided immediate notice of the 16 impoundment and advised of the right to request a hearing before the Commissioner within 30 17 days of the impoundment. 18 (e) Any fee adjustments must be approved by the Governor with the approval of the 19 Legislature of the Virgin Islands. 20 (f) Definitions. 21 For purposes of this section, motor vehicle includes all-terrain vehicles and dirt bikes. 22 (1) “All-terrain vehicle” means a motor vehicle designed to travel over any 23 terrain possessing between three or six nonhighway tires, but does not include golf carts. 24 (2) “Dirt bike” means a motor-powered vehicle possessing two or more tires 25 designed to travel over any terrain, and capable of traveling off paved roads. 26 5 (g) Initial Fees. 1 The initial fees to be charged upon the establishment of the impound lot are as follows: 2 (1) Towing: $65.00 3 (2) Storage: $35.00 per day 4 (3) Administrative cost: $25.00 5 SECTION 4. (a) The following allocations shall be made from the proceeds of traffic fines 6 imposed pursuant to title 20 Virgin Islands Code, chapter 43, section 512: 7 (1) One dollar from each paid traffic citation shall be transferred to the Superior 8 Court of the Virgin Islands for administrative purposes; 9 (2) Two dollars of every paid fine shall be allotted to the issuing law enforcement 10 agency; and 11 (3) An appropriation of $5.00 per each paid citation shall be made to the Police 12 Athletic League program to enhance community engagement and youth programs; and 13 (b) The $25.00 administrative fee imposed under section (3) shall be utilized solely for 14 the maintenance and upkeep of the impound lot. 15 SECTION 5. Effective Date 16 This Act takes effect thirty working days after enactment, and the fee allotments shall become 17 available to the entities identified in Section 4 effective October 1, 2025. 18 BILL SUMMARY 19 This bill amends Title 20, Virgin Islands Code, part II, chapter 43, section 512 increasing 20 penalties for traffic violations. It also allots funds to the Superior Court and issuing law 21 enforcement agencies apart from The Virgin Islands Police Department. Additionally, this bill 22 also makes an appropriation to support the Police Athletic League. 23 BR23-0743/September 8, 2023/LMW/Revised November 22, 2024 24