Defendants appealed the trial judge’s decision sustaining Defendant Pesce’s violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices) and Defendant PGT Trucking’s violation of § 31-25-30 (axle restriction on the Pawtucket River Bridge and Sakonnet River Bridge). Defendant Pesce argued that the official traffic control device posted near the Pawtucket River Bridge (prohibiting vehicles with more than two axles from crossing) was not applicable to him because the vehicle he operated fell outside the ambit of § 31-25-30 and, therefore, that the trial judge’s decision was an error of law. Specifically, Defendant Pesce argued that the term “vehicle” as described in the statute did not refer to a tractor-trailer combination but rather should be read to mean that the motorized tractor portion of the vehicle is a separate and distinct vehicle from the non-motorized trailer portion. The Panel explained that § 31-1-5 of the Motor Vehicle Code specifically defines a “tractor-trailer combination” as “every combination of a tractor and a trailer, properly attached to the tractor to form an articulated vehicle.” Therefore, the Panel held that when the motorized tractor Defendant Pesce operated was attached to the trailer he was towing, the two units merged to form one vehicle, putting his vehicle within the ambit of § 31-25-30. Additionally, the Panel explained that such a statutory construction would serve the legislative intent of the statute, which sought to prevent vehicles of such large size and weight from passing over the already structurally deficient bridges covered by the statute. Accordingly, the Panel sustained the charged violation.
City of Pawtucket v. John Pesce, C.A. No. T08-0138; City of Pawtucket v. PGT Trucking, Inc., C.A. No. T08-0139 (March 5, 2009) Obedience to Devices
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
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- Missing or Incomplete Transcript
- Motion to Vacate
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- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
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- Rights for Use at Station
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- Summons
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- Trial Judge's Findings of Facts
- Traffic Violations
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- Airport Regulations
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- Axle Restriction
- Bailee Plates
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- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
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- Double Jeopardy
- Due Care by Drivers
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- Judicial Notice
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- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
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- Overtaking on Right
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- Parking or Stopping Prohibited
- Parties to an Offense
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- Places Where U-Turns Prohibited
- Procedure
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- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
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- Summons
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- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions