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2013 -- H 5817 SUBSTITUTE A | |
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LC01870/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES | |
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Introduced By: Representatives Diaz, Slater, and Almeida | |
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Date Introduced: February 28, 2013 | |
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Referred To: House Health, Education & Welfare | |
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It is enacted by the General Assembly as follows: | |
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SECTION 1. Section 31-22-11.6 of the General Laws in Chapter 31-22 entitled |
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"Miscellaneous Rules" is hereby amended to read as follows: |
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31-22-11.6. Child care vehicles and school extra-curricular vehicles. -- (a) (1) |
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Pursuant to section 31-22-10, the division of motor vehicles is authorized to promulgate rules and |
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regulations concerning the type, construction, and equipment of motor vehicles used for the |
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transportation of children to and from child care facilities and to and from school sponsored |
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activities including athletics and extra-curricular activities. |
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(2) (i) For the purposes of this section, "school bus", as referred to in section 31-1-3(v), |
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is defined as a vehicle which is used to carry children to or from school on school bound routes at |
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the outset of the children's school day and/or on home bound routes at the end of the children's |
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school day. For these routes, a school bus or a pupil transportation vehicle as set forth in sections |
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31-22.1-1 and 31-22.1-2 must be used regardless of the number of students being transported. |
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(ii) For purposes of this section, "school extra-curricular vehicles" is defined as vehicles |
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designed to transport fewer than fifteen (15) students to and from school sponsored activities |
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including athletics, internships, work experiences, and extra-curricular activities where school |
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buses are not used because of the small number of students being transported. |
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(iii) For the purpose of this section, "child care vehicle" is defined as a motor vehicle |
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owned or leased by a licensed child day care center |
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2(6) and 42-72.1-2(11), that does not exceed fifteen (15) passengers and is being used to transport |
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children from schools to child care facilities and/or from child care facilities to schools or other |
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activities of the child day care center. Two (2) door sedans shall not be considered child care |
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vehicles or school extra-curricular vehicles. |
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(iv) For the purposes of this section, a "Family child care home vehicle" is defined as a |
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motor vehicle owned or leased by a family day care home provider as defined in subdivision 42- |
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72.1-2(10) or an assistant to that licensed provider, that does not exceed fifteen (15) passengers |
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and is used to transport children from schools to the family child care home and/or from the child |
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care home to schools or to other activities of the child care home. |
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(b) The division of motor vehicles shall have the authority to suspend the registration of |
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any vehicle used for child care transportation or school extra-curricular transportation that does |
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not meet the following requirements: |
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(1) Seating. - Adequate seating space for all passengers shall be provided. The maximum |
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seating capacity of a child care vehicle and school extra-curricular vehicle shall be fifteen (15) |
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persons, including the driver. No standing shall be permitted while the vehicle is in operation. |
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(2) Safety belts. - Safety belts shall be required for all passengers riding in the child care |
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vehicle and school extra-curricular vehicle. |
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(3) Vehicle registration. - All child care vehicles and school extra-curricular vehicles |
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shall be registered as public vehicles. |
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(4) Vehicle inspection. - All child care vehicles and school extra-curricular vehicles shall |
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be inspected for excessive emissions and/or safety items according to a staggered appointment |
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schedule as determined by the director of revenue, or his or her designee, and from time to time |
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thereafter as may be required, and the vehicle owner shall display upon the vehicle the certificate |
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of inspection and approval issued to the vehicle until the certificate shall expire. |
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(5) Inspector's rejection notice. - The director of revenue, or his or her designee, may |
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affix a notice of rejection to any vehicle that fails to pass the required inspection requirements. |
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The rejection notice shall not be destroyed or removed from the vehicle until the vehicle has |
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passed the inspection requirements, or its removal has been authorized by the director of revenue |
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or his or her designee. |
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(6) (i) Vehicle identification. - Any and all child care vehicles and school extra- |
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curricular vehicles must have the name of the child care organization conspicuously placed on the |
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side of the vehicle. The identification shall be required to possess two inch (2") letters, and be |
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permanently affixed on the side of the vehicle. Family child care home vehicles shall be exempt |
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from the vehicle identification requirements of this section. |
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(ii) Should any child care vehicle and school extra-curricular vehicle be a leased vehicle, |
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the vehicle shall forego the requirement of having the name of the child care facility or school |
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permanently affixed to the side of the vehicle, but instead may satisfy the identification |
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requirement by placing a magnetized sign naming the child care facility or school or any other |
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temporarily affixed apparatus; provided, that the temporary identification sign not be |
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interchanged, replaced, or modified to change the purpose or function of the child care vehicle |
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and school extra-curricular vehicle. |
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(7) (i) Fire extinguisher. - The child care vehicle and school extra-curricular vehicle shall |
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be equipped with at least one pressurized, potassium bicarbonate base dry chemical-type fire |
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extinguisher, mounted in the manufacturer's extinguisher bracket, and located in the driver's |
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compartment in full view of and readily accessible to the driver. A pressure gauge shall be |
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mounted on the extinguisher so as to be easily read without removing the extinguisher from its |
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mounted position. |
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(ii) The fire extinguisher shall have a minimum capacity of not less than two and a half |
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pounds (2 1/2 lbs.) and be of a type approved by the Underwriters Laboratories, Inc., with a rating |
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of not less than ten (10) BThe operating mechanism shall be sealed with a type of seal that will |
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not interfere with use of the fire extinguisher. |
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(8) First-Aid, Airway, and Bodily Fluid Spill kits. - Every child care vehicle, family |
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child care home vehicle and school extra-curricular vehicle shall be equipped with a first-aid kit |
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mounted in an area accessible to the operator which consists of bandages, sterile pads, adhesive |
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tape, and Band-Aids, |
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of first-aid treatment. In addition, every |
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care home vehicle and school extra-curricular vehicle shall be equipped with a bodily fluid spill |
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kit and every child care vehicle and school extracurricular vehicle shall be equipped with an |
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approved emergency airway kit. |
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(9) Each child care center vehicle and school extracurricular vehicle shall also have an |
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audible door alarm and an audible back up alarm. |
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(10) All persons operating a pupil transportation vehicle to convey children shall hold a |
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Rhode Island chauffeur's license and shall have passed a written test as may be prescribed by the |
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department of motor vehicles. In addition, all such persons who operate a pupil transportation |
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vehicle to convey children shall submit to a national and statewide criminal and driving record |
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background check by the hiring agency. |
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(11) School extra-curricular vehicles purchased after January 1, 2000 shall further |
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comply with regulations which the division of motor vehicles is authorized to promulgate which |
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require these vehicles to meet appropriate safety standards. The additional safety requirements of |
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this subsection shall, effective January 1, 2008, also apply to school extra-curricular vehicles in |
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service prior to January 1, 2000, which are still in service after January 1, 2008. |
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SECTION 2. This act shall take effect upon passage. |
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LC01870/SUB A | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES | |
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This act would change the definition of "child care vehicle" to include transportation of |
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children, not exceeding fifteen (15) passengers, from schools to child care facilities and/or from |
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child care facilities to schools or other activities of the child day care center. It would also |
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mandate that every child care vehicle, family child care home vehicle and school extracurricular |
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vehicle be equipped with a first aid kit, a bodily fluid spill kit and approved emergency airway |
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kit. |
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This act would take effect upon passage. |
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LC01870/SUB A | |
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