2016 -- S 2877 AS AMENDED

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LC005463

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Senator Daniel DaPonte

     Date Introduced: March 31, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-10-2 of the General Laws in Chapter 31-10 entitled "Operators'

and Chauffeurs' Licenses" is hereby amended to read as follows:

     31-10-2. Persons exempt from licensing requirements. -- The following persons are

exempt from the licensing requirements of this chapter:

      (1) Any employee of the United States government while operating a motor vehicle

owned by or leased to the United States government and being operated on official business;

      (2) A nonresident who is at least sixteen (16) years of age and who has in his or her

immediate possession a valid operator's license issued to him or her in his or her home state or

country may operate a motor vehicle in this state only as an operator;

     (3) Any individual who holds an active work or study visa validly issued by the United

States Citizenship and Immigration Services and who is at least sixteen (16) years of age and who

has in their immediate possession a valid operator's license issued to them by their native country

may operate a motor vehicle in this state only as an operator for the duration of the term of the

issued visa. However, prior to operating a motor vehicle in this state such individuals qualifying

under this section must complete an application provided by the Rhode Island division of motor

vehicles and present the Rhode Island division of motor vehicles with a certification from the

individual's country's consulate or embassy attesting to the validity of the operator's license issued

by his or her country.

     (4) Any individual who holds a green card validly issued by the United States Citizenship

and Immigration Services and who is at least sixteen (16) years of age and who has in his or her

immediate possession a valid operator's license issued to him or her in his or her country may

operate a motor vehicle in this state only as an operator for the duration of the term of the issued

green card. However, prior to operating a motor vehicle in this state such individuals qualifying

under this section must complete an application provided by the Rhode Island division of motor

vehicles and present the Rhode Island division of motor vehicles with a certification from the

individual's country's consulate or embassy attesting to the validity of the operator's license issued

by his or her country.

      (3) A nonresident who is at least eighteen (18) years of age and who has in his or her

immediate possession a valid chauffeur's license issued to him or her in his or her home state or

country may operate a motor vehicle in this state either as an operator or chauffeur. Subject to the

age limits applicable to chauffeurs in this state, that license shall be accepted as a chauffeur class

I license. Notwithstanding the foregoing, a nonresident must submit an application for a chauffeur

class I license which must be approved before a nonresident may be employed as a chauffeur in

this state;

      (4) Any nonresident who is at least eighteen (18) years of age, whose home state or

country does not require the licensing of operators, may operate a motor vehicle as an operator

only, for a period of not more than ninety (90) days in any calendar year, if the motor vehicle so

operated is duly registered in the home state or country of that nonresident;

      (5) Any operator of any traction engine, road roller, farm tractor, crane, power shovel,

well-borer, and any other road and building construction machinery and equipment, other than a

truck used for the transportation of materials.

     SECTION 1. Section 31-2-22 of the General Laws in Chapter 31-2 entitled "Division of

Motor Vehicles" is hereby amended to read as follows:

     31-2-22. Authority to enter into reciprocity agreements. -- (a) Notwithstanding any

other provisions of law, the administrator of the division of motor vehicles is authorized to enter

into reciprocal agreements on behalf of the state with the duly authorized representatives of any

state of the United States, the District of Columbia, or a state or a province of a foreign country,

providing for the registration of vehicles on an apportionment or allocation basis. In exercising

this authority, the administrator of the division of motor vehicles is expressly authorized to enter

into and to become a member of the International Registration Plan, or any other designation that

may, from time to time, be given to such a plan. The administrator of the division of motor

vehicles is further authorized to promulgate and to enforce any rules and regulations that may be

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necessary to carry out the provisions of the International Registration Plan or any other agreement

entered into under authority set forth in this section.

      (b) The International Registration Plan, and any other agreement authorized to be entered

into by the administrator of the division of motor vehicles, shall take precedence over any state

law or regulation that may be in conflict with the aforementioned agreements.

     (c) Notwithstanding any other provisions of law, the administrator of the division of

motor vehicles is authorized to enter into operator license agreements or other cooperative

arrangements on behalf of the state with the duly authorized representatives of a foreign country

or political entities equivalent to Rhode Island state government within a foreign country

providing for the reciprocal recognition of operator's licenses. The administrator of the division of

motor vehicles shall adopt and enforce rules and regulations setting forth the standards required

for such agreements, which said rules and regulations shall contain, at a minimum, that the

individual seeking such reciprocity have a valid passport with a legally issued United States visa

or green card, a valid operator's license from the country where the individual seeking reciprocity

permanently resides with an attached driving record satisfactory to the administrator, a

certification from the individual's country's consulate or embassy attesting to the validity of the

operator's license issued by his or her country and verification from an employer or academic

institution certifying the individual's employment or enrollment.

     SECTION 3. 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 - OPERATORS' AND CHAUFFEURS'

LICENSES

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     This act would exempt sixteen (16) year old individuals validly licensed in their native

country and possessing a valid study or work visa issued by the federal government from state

motor vehicle licensing requirements.

     This act would take effect upon passage.

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