|
2013 -- S 1013 | |
|
======= | |
|
LC02768 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2013 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES | |
|
|
|
|
|
|
|
Introduced By: Senator Elizabeth A. Crowley | |
|
Date Introduced: June 20, 2013 | |
|
Referred To: Senate Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Section 31-22-11.6 of the General Laws in Chapter 31-22 entitled |
|
1-2 |
"Miscellaneous Rules" is hereby amended to read as follows: |
|
1-3 |
31-22-11.6. Child care vehicles and school extra-curricular vehicles. -- (a) (1) |
|
1-4 |
Pursuant to section 31-22-10, the division of motor vehicles is authorized to promulgate rules and |
|
1-5 |
regulations concerning the type, construction, and equipment of motor vehicles used for the |
|
1-6 |
transportation of children to and from child care facilities and to and from school sponsored |
|
1-7 |
activities including athletics and extra-curricular activities. |
|
1-8 |
(2) (i) For the purposes of this section, "school bus", as referred to in section 31-1-3(v), |
|
1-9 |
is defined as a vehicle which is used to carry children to or from school on school bound routes at |
|
1-10 |
the outset of the children's school day and/or on home bound routes at the end of the children's |
|
1-11 |
school day. For these routes, a school bus or a pupil transportation vehicle as set forth in sections |
|
1-12 |
31-22.1-1 and 31-22.1-2 must be used regardless of the number of students being transported. |
|
1-13 |
(ii) For purposes of this section, "school extra-curricular vehicles" is defined as vehicles |
|
1-14 |
designed to transport fewer than fifteen (15) students to and from school sponsored activities |
|
1-15 |
including athletics, internships, work experiences, and extra-curricular activities where school |
|
1-16 |
buses are not used because of the small number of students being transported. |
|
1-17 |
(iii) For the purpose of this section, "child care vehicle" is defined as a motor vehicle |
|
1-18 |
owned or leased by a licensed child day care center |
|
1-19 |
2(6) and 42-72.1-2(11), that does not exceed fifteen (15) passengers and is being used to transport |
|
1-20 |
children from schools to child care facilities and/or from child care facilities to schools or other |
|
2-1 |
activities of the child day care center. Two (2) door sedans shall not be considered child care |
|
2-2 |
vehicles or school extra-curricular vehicles. |
|
2-3 |
(iv) For the purposes of this section, a "Family child care home vehicle" is defined as a |
|
2-4 |
motor vehicle owned or leased by a family day care home provider as defined in subdivision 42- |
|
2-5 |
72.1-2(10) or an assistant to that licensed provider, that does not exceed fifteen (15) passengers |
|
2-6 |
and is used to transport children from schools to the family child care home and/or from the child |
|
2-7 |
care home to schools or to other activities of the child care home. |
|
2-8 |
(b) The division of motor vehicles shall have the authority to suspend the registration of |
|
2-9 |
any vehicle used for child care transportation or school extra-curricular transportation that does |
|
2-10 |
not meet the following requirements: |
|
2-11 |
(1) Seating. - Adequate seating space for all passengers shall be provided. The maximum |
|
2-12 |
seating capacity of a child care vehicle and school extra-curricular vehicle shall be fifteen (15) |
|
2-13 |
persons, including the driver. No standing shall be permitted while the vehicle is in operation. |
|
2-14 |
(2) Safety belts. - Safety belts shall be required for all passengers riding in the child care |
|
2-15 |
vehicle and school extra-curricular vehicle. |
|
2-16 |
(3) Vehicle registration. - All child care vehicles and school extra-curricular vehicles |
|
2-17 |
shall be registered as public vehicles. |
|
2-18 |
(4) Vehicle inspection. - All child care vehicles and school extra-curricular vehicles shall |
|
2-19 |
be inspected for excessive emissions and/or safety items according to a staggered appointment |
|
2-20 |
schedule as determined by the director of revenue, or his or her designee, and from time to time |
|
2-21 |
thereafter as may be required, and the vehicle owner shall display upon the vehicle the certificate |
|
2-22 |
of inspection and approval issued to the vehicle until the certificate shall expire. |
|
2-23 |
(5) Inspector's rejection notice. - The director of revenue, or his or her designee, may |
|
2-24 |
affix a notice of rejection to any vehicle that fails to pass the required inspection requirements. |
|
2-25 |
The rejection notice shall not be destroyed or removed from the vehicle until the vehicle has |
|
2-26 |
passed the inspection requirements, or its removal has been authorized by the director of revenue |
|
2-27 |
or his or her designee. |
|
2-28 |
(6) (i) Vehicle identification. - Any and all child care vehicles and school extra- |
|
2-29 |
curricular vehicles must have the name of the child care organization conspicuously placed on the |
|
2-30 |
side of the vehicle. The identification shall be required to possess two inch (2") letters, and be |
|
2-31 |
permanently affixed on the side of the vehicle. Family child care home vehicles shall be exempt |
|
2-32 |
from the vehicle identification requirements of this section. |
|
2-33 |
(ii) Should any child care vehicle and school extra-curricular vehicle be a leased vehicle, |
|
2-34 |
the vehicle shall forego the requirement of having the name of the child care facility or school |
|
3-1 |
permanently affixed to the side of the vehicle, but instead may satisfy the identification |
|
3-2 |
requirement by placing a magnetized sign naming the child care facility or school or any other |
|
3-3 |
temporarily affixed apparatus; provided, that the temporary identification sign not be |
|
3-4 |
interchanged, replaced, or modified to change the purpose or function of the child care vehicle |
|
3-5 |
and school extra-curricular vehicle. |
|
3-6 |
(7) (i) Fire extinguisher. - The child care vehicle and school extra-curricular vehicle shall |
|
3-7 |
be equipped with at least one pressurized, potassium bicarbonate base dry chemical-type fire |
|
3-8 |
extinguisher, mounted in the manufacturer's extinguisher bracket, and located in the driver's |
|
3-9 |
compartment in full view of and readily accessible to the driver. A pressure gauge shall be |
|
3-10 |
mounted on the extinguisher so as to be easily read without removing the extinguisher from its |
|
3-11 |
mounted position. |
|
3-12 |
(ii) The fire extinguisher shall have a minimum capacity of not less than two and a half |
|
3-13 |
pounds (2 1/2 lbs.) and be of a type approved by the Underwriters Laboratories, Inc., with a rating |
|
3-14 |
of not less than ten (10) BThe operating mechanism shall be sealed with a type of seal that will |
|
3-15 |
not interfere with use of the fire extinguisher. |
|
3-16 |
(8) First-Aid, Airway, and Bodily Fluid Spill kits. - Every child care vehicle, family |
|
3-17 |
child care home vehicle and school extra-curricular vehicle shall be equipped with a first-aid kit |
|
3-18 |
mounted in an area accessible to the operator which consists of bandages, sterile pads, adhesive |
|
3-19 |
tape, and Band-Aids, |
|
3-20 |
of first-aid treatment. In addition, every |
|
3-21 |
care home vehicle and school extra-curricular vehicle shall be equipped with a bodily fluid spill |
|
3-22 |
kit and every child care vehicle and school extracurricular vehicle shall be equipped with an |
|
3-23 |
approved emergency airway kit. |
|
3-24 |
(9) Each child care center vehicle and school extracurricular vehicle shall also have an |
|
3-25 |
audible door alarm and an audible back up alarm. |
|
3-26 |
(10) All persons operating a pupil transportation vehicle to convey children shall hold a |
|
3-27 |
Rhode Island chauffeur's license and shall have passed a written test as may be prescribed by the |
|
3-28 |
department of motor vehicles. In addition, all such persons who operate a pupil transportation |
|
3-29 |
vehicle to convey children shall submit to a national and statewide criminal and driving record |
|
3-30 |
background check by the hiring agency. |
|
3-31 |
(11) School extra-curricular vehicles purchased after January 1, 2000 shall further |
|
3-32 |
comply with regulations which the division of motor vehicles is authorized to promulgate which |
|
3-33 |
require these vehicles to meet appropriate safety standards. The additional safety requirements of |
|
3-34 |
this subsection shall, effective January 1, 2008, also apply to school extra-curricular vehicles in |
|
4-1 |
service prior to January 1, 2000, which are still in service after January 1, 2008. |
|
4-2 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC02768 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES | |
|
*** | |
|
5-1 |
This act would change the definition of "child care vehicle" to include transportation of |
|
5-2 |
children, not exceeding fifteen (15) passengers, from schools to child care facilities and/or from |
|
5-3 |
child care facilities to schools or other activities of the child day care center. It would also |
|
5-4 |
mandate that every child care vehicle, family child care home vehicle and school extracurricular |
|
5-5 |
vehicle be equipped with a first aid kit, a bodily fluid spill kit and approved emergency airway |
|
5-6 |
kit. |
|
5-7 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC02768 | |
|
======= |