Defendant appealed a trial magistrate’s decision sustaining a violation of G.L. 1956 § 31-27-6 (commercial vehicle lanes of operation). A state trooper observed a tractor trailer traveling on the highway in a lane in which commercial vehicles are prohibited from traveling. As a result, the state trooper issued Defendant a citation. At trial, the trial magistrate based his decision on the state trooper’s uncontroverted testimony. On appeal, Defendant argued that the trial magistrate’s decision was clearly erroneous because there was no evidence demonstrating that Defendant’s vehicle was primarily used for commercial purposes.
Here, the trial magistrate’s finding was supported by legally competent evidence because: (1) Defendant’s vehicle was a tractor trailer; (2) Defendant produced a commercial driver’s license at the time of the stop; and (3) Defendant’s vehicle had Department of Transportation markings, which were indicative of a commercial vehicle. As such, the Appeals Panel held that the trial magistrate’s decision was not clearly erroneous. Accordingly, the Appeals Panel affirmed the trial magistrate’s decision.