2014 -- H 7112

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LC003024

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM

COMMERCIAL DRIVER'S LICENSE ACT

     Introduced By: Representatives Serpa, and Silva

     Date Introduced: January 15, 2014

     Referred To: House Small Business

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-10.3-14 of the General Laws in Chapter 31-10.3 entitled "Rhode

Island Uniform Commercial Driver's License Act" is hereby amended to read as follows:

     31-10.3-14. Classes of licenses -- Endorsements. -- (a) The department, upon issuing a

commercial license, shall indicate on the license the class or type of vehicles the licensee may

drive. Licenses shall be issued with the classifications and endorsements and any restrictions as

defined by state regulation or 49 CFR 383.

      (b) The department shall establish any qualifications that it believes reasonably

necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall

determine by appropriate examination whether each applicant is qualified for the license

classification, endorsement, or restriction for which application has been made.

      (c) The department shall not issue a commercial license unless the applicant meets the

following qualifications in addition to all other applicable qualifications adopted by policy or

regulation:

      (1) The applicant shall be at least twenty-one (21) years of age; except for intrastate

operations, the applicant must be at least eighteen (18) years of age. This exception shall not

apply to school bus drivers and drivers of placarded vehicles.

      (2) The applicant shall not currently be under a license or privilege withdrawal in this or

any other state, Mexico, or province of Canada.

      (3) Within the three (3) years immediately preceding the application, the applicant shall

not have committed any of the offenses for which license withdrawal is mandatory upon

conviction and shall not have engaged in any conduct for which a license withdrawal may be

implemented.

      (4) The applicant shall not have been found to have committed a disqualifying offense

under the Federal Commercial Motor Vehicle Safety Act of 1986 (now 49 U.S.C. section 31101

et seq.);, as may be amended from time to time.

      (5) The applicant shall certify in the license application that all of these qualifications

have been met.

      (d) The department shall not issue a tank endorsement unless the applicant, in addition to

all other applicable qualifications, has been licensed for and has regularly driven for not less than

one year in a vehicle or combination of vehicles covered by the license classification on which

the tank endorsement shall be placed.

      (e) The department shall not issue a school bus endorsement unless the applicant has had

at least three (3) years of driving experience prior to the date of application and the department is

fully satisfied as to the applicant's good character, competency, and fitness to be so employed.

Effective September 30, 2005, all school bus operators must have the "S" endorsement as defined

under 49 Code of Federal Regulations 383.153(a)(9)(vi) subject to endorsement and testing

requirements set forth in 49 Code of Federal Regulations 383.93 and 383.123. The administrator

shall adopt regulations governing character, competency, and fitness.

      (f) The department shall not issue a passenger endorsement unless the applicant has had

at least three (3) years of driving experience prior to the date of application and the department is

fully satisfied as to the applicant's good character, competency, and fitness to be so employed.

The administrator shall adopt regulations governing character, competency, and fitness.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM

COMMERCIAL DRIVER'S LICENSE ACT

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     This act would remove the requirement that an applicant seeking a commercial driver’s

license with a tank endorsement has regularly driven for not less than one year.

     This act would take effect upon passage.

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