2017 -- H 6060

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LC002265

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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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 O'Brien, Johnston, McEntee, Marshall, and McKiernan

     Date Introduced: March 31, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-10.3-3 and 31-10.3-31 of the General Laws in Chapter 31-10.3

entitled "Rhode Island Uniform Commercial Driver's License Act" are hereby amended to read as

follows:

     31-10.3-3. Definitions.

     Notwithstanding any other provisions of title 31, the following definitions apply to this

chapter unless the context requires otherwise:

     (1) "Administrator" means the division of motor vehicles administrator, the chief

executive of the division of motor vehicles, an agency within the department of revenue.

     (2) "Alcohol or alcoholic beverage" means (a) beer as defined in 26 U.S.C. 5052(a), of

the Internal Revenue Code of 1954; (b) wine of not less than one-half of one percentum (0.5%) of

alcohol by volume; or (c) distilled spirits as defined in section 5002(a)(8), of said code.

     (3) "Base license" means the operator's or driver's license without any classifications,

endorsements, or restrictions.

     (4) "Bus" means every motor vehicle designed for carrying sixteen (16) or more

passengers (including the driver).

     (5) "Cancellation of driver's license" means the annulment or termination by formal

action of the department of a person's driver's license because of some error or defect in the

license (or application) or because the licensee is no longer entitled to the license.

     (6) "Certified commercial driving instructor" means any person who gives commercial

driver training or who offers a course in driver training, and who is certified as such by the

administrator.

     (7) "Commerce" means:

     (i) Trade, traffic, and transportation within the jurisdiction of the United States within the

state; between a place in a state and a place outside the state, including a place outside the United

States; and

     (ii) Trade, traffic, and transportation in the United States that affects any trade, traffic,

and transportation in paragraph (i) of this subdivision.

     (8) "Commercial license" means a license issued by the department in accordance with

the standards contained in Part 383 of Title 49 of the Code of Federal Regulations, referred to as

49 C.F.R. Part 383, as it may be revised from time to time, to an individual that authorizes the

individual to operate a class of commercial motor vehicle.

     (9) "Commercial motor vehicle" means a motor vehicle, or combination of vehicles, used

to transport passengers or property if the motor vehicle:

     (i) Has a gross combination weight rating of twenty-six thousand one (26,001) or more

pounds, of a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000

lbs.), or has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds;

     (ii) Is designed to transport sixteen (16) or more passengers, including the driver; or

     (iii) Is transporting hazardous materials as defined in this section.

     (10) "Controlled substance" means any substance as classified under § 102(6) of the

Controlled Substance Act (21 U.S.C. 802(6)) and includes all substances as listed in schedules I

through V of Part 1308 of Title 21 of the Code of Federal Regulations, referred to as 21 C.F.R.

Part 1308 as they may be revised from time to time.

     (11) "Conviction" means an unvacated adjudication of guilt or a determination that a

person has violated, or failed to comply with, the law in a court of original jurisdiction, or by an

authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure

the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the

payment of a fine or court cost or violation of condition of release without bail, regardless of

whether or not the penalty is rebated, suspended, or probated.

     (12) "Department" means the department of revenue acting directly or through its duly

authorized officers and agents.

     (13) "Disqualification" means withdrawal of the privilege to drive a commercial motor

vehicle due to:

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     (i) The suspension, revocation, or cancellation of a commercial driver's license by the

state or jurisdiction of issuance; or

     (ii) Any withdrawal of a person's privileges to drive a commercial motor vehicle by a

state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle

traffic control (other than parking, vehicle weight or vehicle defect violations); or

     (iii) A determination by the Federal Motor Carrier Safety Administration that a person is

not qualified to operate a commercial motor vehicle under Part 391 of Title 49 of the Code of

Federal Regulations, referred to as 49 C.F.R. 391, as they may be revised from time to time. ; or

     (iv) For purposes of this chapter, "disqualification" by the state shall not apply to traffic

violations arising from the operation of a non-commercial vehicle that are not otherwise defined

in this section as a "serious traffic violation."

     (14) "Driver's license" means a license issued by the department to an individual that

authorizes the individual to operate a motor vehicle on the highways.

     (15) "Employee" means any operator of a commercial motor vehicle, including full-time,

regularly employed drivers; casual, intermittent or occasional drivers; leased drivers; and

independent, owner-operator contractors (while in the course of operating a commercial motor

vehicle) who are either directly employed by or under lease to an employer.

     (16) "Employer" means any person, including the United States, a state, or a political

subdivision of a state, who or that owns or leases a commercial motor vehicle or assigns persons

to operate such a vehicle.

     (17) "Farm tractors" means every motor vehicle designated and used primarily as a farm

implement for drawing plows, mowing machines, and other implements of husbandry.

     (18) "Fatality" means the death of a person as a result of motor vehicle accident.

     (19) "Felony" means any offense under state or federal law that is punishable by death or

imprisonment for a term exceeding one year and/or fine of one thousand dollars ($1,000) or more.

     (20) "Gross vehicle weight rating (GVWR)" means the value specified by the

manufacturer as the maximum loaded weight of a single or a combination (articulated). The

GVWR of a combination (articulated) vehicle (commonly referred to as the "gross combination

weight rating" or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or

units.

     (21) "Hazardous materials" means any material that has been designated as hazardous

under Part 172 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. 172 or any

quantity of a material listed as a select agent or toxin in Part 73 of Title 42 of the Code of Federal

Regulations, referred to as 42 C.F.R. 73 as they may be revised from time to time.

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     (22) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semi-trailer propelled

or drawn by mechanical power and used on highways; or any other vehicle required to be

registered under the laws of this state; but does not include any vehicle, machine, tractor, trailer,

or semi-trailer operated exclusively on a rail.

     (23) "Operator's license" means driver's license.

     (24) "School bus" means a commercial motor vehicle used to transport preprimary,

primary, or secondary school students from home to school, from school to home, and to and

from school-sponsored events. School bus does not include a bus used as a common carrier.

     (25) "Secretary" means the Secretary of Transportation of the United States.

     (26) "Serious traffic violation" means a conviction when operating a commercial motor

vehicle except weight, defect, and parking violations of:

     (i) Excessive speeding involving any single offense for any speed of fifteen miles per

hour (15 mph) or more above the posted speed limit;

     (ii) Reckless driving as defined by state or local law or regulation including, but not

limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard for the

safety of person or property;

     (iii) Improper or erratic lane changes;

     (iv) Following the vehicle ahead too closely;

     (v) A violation, arising in connection with a fatal accident, of state or local law relating to

motor vehicle traffic control;

     (vi) Operating a commercial motor vehicle without obtaining a commercial license;

     (vii) Operating a commercial motor vehicle without having his or her commercial license

in his or her immediate possession; or

     (viii) Operating a commercial motor vehicle without possessing a commercial driver's

license containing the endorsements or classifications applicable to the type of vehicle being

operated or for the passengers or type of cargo being transported; or

     (ix) Operating a commercial motor vehicle while using a hand-held mobile telephone.

     (27) "State" means a state of the United States and the District of Columbia.

     (28) "Tank vehicle" means any commercial motor vehicle that is designed to transport

any liquid or gaseous materials within a tank that is either permanently or temporarily attached to

the vehicle or the chassis. These vehicles include, but are not limited to, cargo tanks and portable

tanks as defined in Part 171 of Title 49 of the Federal Hazardous Material Regulations, referred to

as 49 C.F.R. 171 as they may be revised from time to time. However, this definition does not

include portable tanks having a rated capacity under one thousand (1,000) gallons.

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     (29) "Withdrawal" means any suspension, revocation, cancellation, disqualification, out-

of-service of any license, privilege, endorsement, restriction, or classification of any license.

     31-10.3-31. Violations -- Penalties.

     (a) It shall be illegal for any person driving any commercial motor vehicle as defined in

this chapter to operate or control that vehicle while under the influence of alcohol, drugs, toluene,

or any other substance as defined in chapter 28 of title 21. For the purpose of this chapter, any

person who drives, operates, or exercises physical control of a commercial motor vehicle while

having a blood alcohol concentration of four-one-hundredths of one percent (.04%) or greater by

weight, as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of the

offense of driving while under the influence of liquor or drugs.

     (b) (1) Notwithstanding any other provision of this chapter, it shall be illegal for any

person to drive, operate, or be in physical control of a commercial motor vehicle while having

alcohol in his or her system.

     (2) The administrator shall suspend, for at least one year, a commercial motor vehicle

operator's license or privilege who is found to have committed a first violation of:

     (i) Driving a commercial motor vehicle under the influence of alcohol or controlled

substances;

     (ii) Driving a commercial motor vehicle while the alcohol concentration in the person's

blood, breath, or other bodily substance is four-one-hundredths of one percent (.04%) or greater;

     (iii) Leaving the scene of an accident involving a commercial motor vehicle driven by the

person;

     (iv) Using a commercial motor vehicle in the commission of a felony;

     (v) Refusing to submit to a chemical analysis of breath, blood, or urine while operating a

commercial vehicle.

     (3) If the operator commits any of these violations while carrying hazardous materials

requiring placards under federal/state regulations, the revocation shall be for a period of not less

than three (3) years.

     (4) The administrator shall revoke for life, which may be reduced to a period of at least

ten (10) years in accordance with department of revenue regulations, a commercial motor vehicle

operator's license or privilege who is found to have committed a second violation of:

     (i) Driving a commercial motor vehicle under the influence of alcohol or controlled

substances;

     (ii) Driving a commercial motor vehicle while the alcohol concentration in the person's

blood, breath, or other bodily substance is four-one-hundredths of one percent (.04%) or greater;

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     (iii) Knowingly and willfully leaving the scene of an accident involving a commercial

motor vehicle driven by the person;

     (iv) Using a commercial motor vehicle in the commission of a felony;

     (v) Refusing to submit to a chemical analysis of breath, blood, and/or urine while in a

commercial motor vehicle.

     (5) The administrator shall revoke for life the commercial motor vehicle operator's

license or privilege of any person who is found to have used a commercial motor vehicle in the

manufacture, distribution, or dispensing of a controlled substance or the possession with intent to

distribute, manufacture, or dispense a controlled substance.

     (6) The administrator shall suspend the commercial motor vehicle operator's license or

privilege for a period of not less than sixty (60) days of each person who, in a three (3) year

period, has committed two (2) serious traffic violations involving a commercial motor vehicle,

and for not less than one hundred twenty (120) days of each person who has committed three (3)

or more serious traffic violations in a three (3) year period.

     (7) Any person violating subsection (a) of this section shall, upon conviction, be subject

to the fines, penalties, and assessments enumerated in § 31-27-2 for driving under the influence of

liquor or drugs; except for the provision of license or privilege suspension of which the license

shall be withdrawn in accordance with this chapter.

     (c) Any person violating § 31-10.3-26, relating to the license to be carried and exhibited

on demand, shall, upon conviction, be fined not less than fifty dollars ($50.00). For a second or

subsequent conviction there shall be imposed a fine of not less than one hundred dollars ($100),

and his or her commercial license or privilege shall be withdrawn for a period of one month.

     (d) Any person violating § 31-27-1, relating to driving so as to endanger resulting in

death, or § 31-27-1.1, relating to driving so as to endanger, resulting in personal injury, shall,

upon conviction, have his or her commercial license or privilege revoked for a period of one year.

With respect to violations of §§ 31-27-1 and 31-27-1.1, the commercial penalties shall only apply

while the operator is operating a commercial vehicle; should the operator be operating a

passenger vehicle, passenger penalties shall apply under §§ 31-27-1 and 31-27-1.1.

     (e) Any person violating § 31-10.3-27, relating to the limitation on the number of driver

licenses, shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more

than twenty-five hundred dollars ($2,500), and any commercial license shall be cancelled

immediately.

     (f) Any person violating § 31-10.3-28, relating to notification required by the employee,

shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more than five

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hundred dollars ($500).

     (g) Any person violating § 31-10.3-29, relating to employer responsibilities, shall, upon

conviction be fined not less than five hundred dollars ($500) nor more than two thousand five

hundred dollars ($2,500).

     (h) Any person violating subdivision (b)(1) of this section, relating to violations and

penalties, shall immediately cease operating any commercial vehicle for a period of twenty-four

(24) hours. Failure to do so shall result in a commercial license or privilege revocation for a

period of three (3) months and a fine of one hundred fifty dollars ($150).

     (i) Any person violating § 31-10.3-30, relating to the requirement of a commercial

driver's license, shall, upon conviction of a first offense, be fined not less than two hundred fifty

dollars ($250) nor more than one thousand dollars ($1,000); and, upon conviction of a second or

subsequent offense, be fined not less than one thousand dollars ($1,000) nor more than two

thousand five hundred dollars ($2,500). The person's commercial license or privilege shall be

revoked for a period of at least one year but not more than five (5) years.

     (j) The administrator may, after notice and hearing suspend a school bus driver's

certificate or privilege to obtain a certificate for a period of up to five (5) years from the date of

adjudication or conviction of the following:

     (1) Any motor vehicle driving offense committed by a school bus driver while operating

a self-propelled vehicle and which is a criminal offense in the state of Rhode Island or which, if

committed outside the state, would be considered a criminal offense if committed in the state of

Rhode Island;

     (2) Any alcohol or drug-related motor vehicle driving offense referred to in this section

and committed by a school bus operator who is operating a self-propelled vehicle.

     (k) (1) "Out-of-Service Order" means a declaration by the Federal Motor Carrier Safety

Administration or an authorized enforcement officer of a federal, state, Commonwealth of Puerto

Rico, Canadian, Mexican or local jurisdiction that a driver of a commercial motor vehicle, a

commercial motor vehicle or a motor carrier operation is out-of-service, pursuant to the Federal

Motor Carrier Safety Regulations contained in 49 CFR Parts 383, 386, 387 and 390 -- 399, as

amended, or pursuant to comparable laws, or the North American Uniform Out-of-Service

criteria.

     (2) The term "disqualified" means the withdrawal of a person's privilege to drive a

commercial motor vehicle.

     (3) Any person who violates an out-of-service order shall be disqualified as follows

except as provided in subdivision (4) of this subsection:

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     (i) A person shall be disqualified from driving a commercial motor vehicle for a period of

ninety (90) days if convicted of a first violation of an out-of-service order.

     (ii) A person shall be disqualified for a period of one year if convicted of a second

violation of an out-of-service order during any ten (10) year period arising from separate

incidents.

     (iii) A person shall be disqualified for a period of three (3) years if convicted of a third or

subsequent violation of an out-of-service order during any ten (10) year period arising from

separate incidents.

     (4) Any person who violates an out-of-service order while transporting hazardous

materials or while operating a commercial motor vehicle designed or used to transport sixteen

(16) or more passengers including the driver shall be disqualified as follows:

     (i) A person shall be disqualified for a period of one hundred eighty (180) days if

convicted of a first violation of an out-of-service order.

     (ii) A person shall be disqualified for a period of three (3) years if convicted of a second

or subsequent violation of an out-of-service order during any ten (10) year period arising from

separate incidents.

     (5) Notwithstanding any other provision of law to the contrary, any driver who violates or

fails to comply with an out-of-service order is subject to a penalty of one thousand one hundred

dollars ($1,100) in addition to disqualification under this subsection.

     (6) Any employer who violates an out-of-service order, or who knowingly requires or

permits a driver to violate or fail to comply with an out-of-service order, is subject to a penalty of

two thousand seven hundred fifty dollars ($2,750).

     (l) Disqualification for railroad-highway grade crossing violation.

     (1) General rule. A driver who is convicted of operating a commercial motor vehicle in

violation of a federal, state, or local law or regulation pertaining to one of the following six (6)

offenses at a railroad-highway grade crossing must be disqualified for the period of time specified

in subsection (l )(2) of this section:

     (i) For drivers who are not required to always stop, failing to slow down and check that

the tracks are clear of an approaching train;

     (ii) For drivers who are not required to always stop, failing to stop before reaching the

crossing, if the tracks are not clear;

     (iii) For drivers who are always required to stop, failing to stop before driving onto the

crossing;

     (iv) For all drivers, failing to have sufficient space to drive completely through the

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crossing without stopping;

     (v) For all drivers, failing to obey a traffic control device or the directions of an

enforcement official at the crossing;

     (vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage

clearance.

     (2) Duration of disqualification for railroad-highway grade crossing violation.

     (i) First violation. A driver must be disqualified for not less than sixty (60) days if the

driver is convicted of a first violation of a railroad-highway grade crossing violation.

     (ii) Second violation. A driver must be disqualified for not less than one hundred twenty

(120) days if, during any three (3) year period, the driver is convicted of a second railroad-

highway grade crossing violation in separate incidents.

     (iii) Third or subsequent violation. A driver must be disqualified for not less than one

year if, during any three (3) year period, the driver is convicted of a third or subsequent railroad-

highway grade crossing violation in separate incidents.

     (3) Special penalties pertaining to railroad-highway grade crossing violations. An

employer who is convicted of a violation of § 31-10.3-29(5) is subject to a civil penalty of not

more than ten thousand dollars ($10,000).

     (m) Any person shall be subject to disqualification for a conviction of operating a

commercial motor vehicle when the operator's license is suspended, revoked, or cancelled or the

operator is otherwise disqualified based on prior motor vehicle convictions.

     (n) Any person shall be subject to disqualification in accordance with 49 CFR 383.51(b),

(c), (d) and (e).

     (o) The administrator shall disqualify, for up to one year, the commercial motor vehicle

operator's license or driving privilege of an operator whose driving constitutes an imminent

hazard.

     (1) For the purposes of this section, "imminent hazard" means the existence of a

condition that presents a substantial likelihood that death, serious illness, severe personal injury,

or a substantial endangerment to health, property, or the environment may occur before the

reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that

death, illness, injury or endangerment.

     (p) After issuing a disqualification for a period of thirty (30) days or less, the

administrator may provide the driver an opportunity for a hearing, and must provide the driver

notice of a proposed disqualification period of more than thirty (30) days and an opportunity for a

hearing to present a defense to the proposed disqualification.

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     (q) Notwithstanding any provision or general law to the contrary, no person shall have

their commercial driving privilege suspended or be otherwise disqualified by the state because of

traffic violations arising from the operation of a non-commercial vehicle that are not otherwise

defined as a "serious traffic violation" pursuant to §31-10.3-3.

     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 prohibit the state from suspending or otherwise disqualifying a person

from the privilege of maintaining a commercial driver license based on certain traffic violations

arising from the operation of a non-commercial vehicle.

     This act would take effect upon passage.

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