2014 -- S 2253 SUBSTITUTE A AS AMENDED

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LC003808/SUB A

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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 - UNIFORM COMMERCIAL DRIVER'S

LICENSE ACT

     

     Introduced By: Senators Picard, and Pearson

     Date Introduced: January 30, 2014

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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defined by state regulation or 49 CFR 383.

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

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

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

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

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

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

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regulation:

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

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

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apply to school bus drivers and drivers of placarded vehicles.

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

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any other state, Mexico, or province of Canada.

 

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

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

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

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implemented.

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

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

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

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

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have been met.

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

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

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

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the tank endorsement shall be placed.

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

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

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

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

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

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

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shall adopt regulations governing character, competency, and fitness.

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

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

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

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

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     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 - UNIFORM COMMERCIAL DRIVER'S

LICENSE ACT

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     This act would amend the requirements necessary to issue a tank endorsement under this

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section.

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     This act would take effect upon passage.

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