2018 -- H 7776 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - DEFINITIONS AND GENERAL CODE

PROVISIONS

     Introduced By: Representatives Marszalkowski, and Casimiro

     Date Introduced: February 28, 2018

     Referred To: House Corporations

     (Department of Transportation)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-1-3, 31-1-4 and 31-1-5 of the General Laws in Chapter 31-1

entitled "Definitions and General Code Provisions" are hereby amended to read as follows:

     31-1-3. Types of vehicles.

     (a) (1) "Antique motor car" means any motor vehicle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle may be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the

previously mentioned activities, but may not be used primarily for the transportation of

passengers or goods over any public highway.

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it on payment of the standard fee. The vehicle may be operated on the highways of

this and other states, and may, in addition to the registration plate, retain the designation "antique"

and display an "antique plate".

     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate

designating the exact year of manufacture of the vehicle.

     (b) (1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the

previously mentioned activities, but may not be used primarily for the transportation of

passengers or goods over any public highway; and

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways

of this and other states, and may, in addition to the registration plate, retain the designation

"antique" and display an "antique plate".

     (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol);

police vehicles; vehicles used by Rhode Island state marshals in the department of corrections;

vehicles used by the state bomb squad within the division of state fire marshal; vehicles of

municipal departments or public service corporations designated or authorized by the

administrator as ambulances and emergency vehicles; and privately owned motor vehicles of

volunteer firefighters or privately owned motor vehicles of volunteer ambulance drivers or

attendants, as authorized by the department chief or commander and permitted by the Rhode

Island Association of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee

for Volunteer Warning Light Permits.

     (d) "Automobile" means, for registration purposes, every motor vehicle carrying

passengers other than for hire.

     (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and

similar devices, propelled exclusively by human power, and upon which a person may ride.

     (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the

manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living

quarters for recreation that has either its own motor power or is mounted on, or towed by, another

vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers,

and pick-up campers.

     (g) "Electric motorized bicycles" means a motorized bicycle that may be propelled by

human power or electric motor power, or by both, with an electric motor rated not more than two

(2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25)

miles per hour.

     (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-

tandem two-wheeled (2) device, designed to transport only one person, with an electric

propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.

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     (i) Fifth-wheel trailer: A towable recreational vehicle, not exceeding four hundred (400)

square feet in area, designed to be towed by a motorized vehicle that contains a towing

mechanism that is mounted above or forward of the tow vehicle's rear axle and that is eligible to

be registered for highway use.

     (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse

shall be considered an automobile for registration purposes.

     (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer,

semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

for hire, and operated wholly or in part upon any street or highway as a means of transportation

similar to that afforded by a street railway company, by indiscriminately receiving or discharging

passengers, or running on a regular route or over any portion of one, or between fixed termini; or

(2) A "private bus" that includes every motor vehicle other than a public bus or passenger van

designed for carrying more than ten (10) passengers and used for the transportation of persons,

and every motor vehicle other than a taxicab designed and used for the transportation of persons

for compensation.

     (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

in contact with the ground and a saddle on which the driver sits astride, except bicycles with

helper motors as defined in subsection (n) of this section.

     (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a

motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

subsection (n) of this section.

     (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human

power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum

speed of not more than thirty (30) miles per hour.

     (o) Motorized camper: A camping recreational vehicle, built on, or permanently attached

to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed

vehicle.

     (p) "Motorized tricycles" means tricycles that may be propelled by human power or

helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of

a maximum speed of not more than thirty (30) miles per hour.

     (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by,

a person with a disability that is incapable of speed in excess of eight (8) miles per hour.

     (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four

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and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable

of a maximum speed of not more than thirty (30) miles per hour.

     (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric

power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

(g) of this section, and motorized wheelchairs.

     (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

persons for compensation in any form, or motor vehicles rented for transporting persons either

with or without furnishing an operator.

     (u) Park trailer: A camping recreational vehicle that is eligible to be registered for

highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels;

and (2) Certified by the manufacturer as complying with ANSI A119.5.

     (v) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

vans may be used for vanpools, transporting passengers to and from work locations, provided that

the operator receives no remuneration other than free use of the vehicle.

     (w) "Pedal carriages" (also known as "quadricycles") means a nonmotorized bicycle with

four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

transporting additional passengers in seats or on a platform made a part of or otherwise attached

to the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed

to it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

transportation of a handicapped person, nor shall it include a tricycle built for a child or an adult

with a seat for only one operator and no passenger.

     (x) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and

sides designed to be loaded onto and unloaded from the back of a pick-up truck.

     (y) "Rickshaws" (also known as "pedi cabs") means a nonmotorized bicycle with three

(3) wheels operated by one person for the purpose of, or capable of, transporting additional

passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This

definition shall not include a bicycle built for two (2) where the operators are seated one behind

the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed

thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for

the transportation of a handicapped person.

     (z) "School bus" means every motor vehicle owned by a public or governmental agency,

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when operated for the transportation of children to or from school; or privately owned, when

operated for compensation for the transportation of children to or from school.

     (aa) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable

body or with removable seats, usable for both passenger and delivery purposes, and including

motor vehicles commonly known as station or depot wagons or any vehicle into which access can

be gained through the rear by means of a hatch or trunk and where the rear seats can be folded

down to permit the carrying of articles as well as passengers.

     (bb) "Tent trailer": A towable recreational vehicle that is mounted on wheels and

constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

for use and that is eligible to be registered for highway use.

     (cc) "Trackless trolley coach" means every motor vehicle that is propelled by electric

power obtained from overhead trolley wires, but not operated on rails.

     (dd) Travel trailer: A towable recreational vehicle, not exceeding three hundred twenty

(320) square feet in area, designed to be towed by a motorized vehicle containing a towing

mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered

for highway use.

     (ee) "Vehicle" means every device in, upon, or by which any person or property is or may

be transported or drawn upon a highway, except devices used exclusively upon stationary rails or

tracks.

     (ff) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by

natural gas.

     31-1-4. Trucks and tractors.

     (a) "Farm tractor" means every motor vehicle designed and used primarily as a farm

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

vehicles.

     (b) "Tow cars and tow trucks" means every motor vehicle ordinarily used for the purpose

of towing or removing motor vehicles or assisting disabled motor vehicles.

     (c) "Truck" means every motor vehicle designed, used, or maintained primarily for the

transportation of property. The administrator of the division of motor vehicles shall determine, in

case of doubt, if a motor vehicle is subject to registration as a truck.

     (d) "Truck tractor" means a non-cargo-carrying power unit that operates in combination

with a semi-trailer or trailer, except that a truck tractor and a semi-trailer or trailer engaged in the

transportation of automobiles may transport motor vehicles on part of the power unit.

     (e) "Covered heavy-duty tow and recovery vehicle" means a vehicle that is transporting a

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disabled vehicle from the place where the vehicle became disabled to the nearest appropriate

repair facility; and, provided the vehicle has a gross vehicle weight that is equal to or exceeds the

gross vehicle weight of the disabled vehicle being transported.

     (f)(1) "Trailer transporter towing unit" means a power unit that is not used to carry

property when operating in a towaway trailer transporter combination.

     (2) "Towaway trailer transporter combination" means a combination of vehicles

consisting of a trailer transporter towing unit and two (2) trailers or semitrailers:

     (i) With a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.);

and

     (ii) In which the trailers or semitrailers carry no property and constitute inventory

property of a manufacturer, distributor, or dealer of such trailers or semitrailers.

     31-1-5. Trailers.

     (a) "Automobile transporter" means any vehicle combination designed and used for the

transport of assembled highway vehicles, including truck camper units. An automobile

transporter shall not be prohibited from the transport of cargo or general freight on a backhaul,

provided it complies with weight limitations for a truck tractor and semitrailer combination.

     (a)(b) "Pole trailer" means every vehicle without motive power designed to be drawn by

another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being

boomed or secured to the towing vehicle, and ordinarily used for transporting long or irregularly

shaped loads such as poles, pipes, or structural members capable, generally, of sustaining

themselves as beams between the supporting connections.

     (b)(c) "Semi-trailer" means every vehicle with or without motive power, other than a pole

trailer, designed for carrying persons or property and for being drawn by a motor vehicle,

constructed so that some of its weight and that of its load rests upon or is carried by another

vehicle.

     (c)(d) "Tractor-semi-trailer combination" means every combination of a tractor and a

semi-trailer properly attached to the tractor to form an articulated vehicle.

     (d)(e) "Tractor-trailer combination" means every combination of a tractor and a trailer,

properly attached to the tractor to form an articulated vehicle.

     (e)(f) "Trailer" means every vehicle without motive power, other than a pole trailer,

designed for carrying persons or property and for being drawn by a motor vehicle, constructed so

that none of its weight rests upon the towing vehicle.

     SECTION 2. Sections 31-25-2, 31-25-6 and 31-25-21 of the General Laws in Chapter 31-

25 entitled "Size, Weight, and Load Limits" are hereby amended to read as follows:

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     31-25-2. Vehicles exempt from limitations.

     (a) The provisions of this chapter governing size, weight, and load shall not apply to:

     (1) Road machinery;

     (2) Farm vehicles, including farm tractors, temporarily moved upon a highway;

     (3) Any vehicle owned and operated by the Rhode Island public transit authority which is

designed for carrying passengers and is comprised of two (2) sections permanently joined by a

hinge mechanism or an articulated joint which allows vertical and horizontal movement and a

passage for riders moving from one section to the other; or

     (4) A vehicle operated under the terms of a special permit issued as provided in this

chapter.;

     (5) Covered heavy-duty tow and recovery vehicles;

     (6) Emergency vehicles with a weight limit of up to a maximum gross vehicle weight of

eighty-six thousand pounds (86,000 lbs.) or less than twenty-four thousand pounds (24,000 lbs.)

on a single steering axle; thirty-three thousand five hundred pounds (33,500 lbs.) on a single drive

axle; sixty-two thousand pounds (62,000 lbs.) on a tandem axle; or fifty-two thousand pounds

(52,000 lbs.) on a tandem rear drive steer axle; or

     (7) Natural gas vehicles up to a maximum gross vehicle weight of eighty-two thousand

pounds (82,000 lbs.) by an amount that is equal to the difference between the weight of the

vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and the

weight of a comparable diesel tank and fueling system.

     (b) The provisions of this chapter governing size, weight, and load shall not apply to fire

apparatus acquired by a city or town within this state prior to July 1, 1999.

     31-25-6. Maximum number and length of coupled vehicles.

     (a) No combination of vehicles coupled together shall consist of more than three (3)

units, a truck-tractor, semi-trailer, and trailer. The combination of vehicles shall not be restricted

in overall length, except that when a truck-tractor, semi-trailer, and a trailer are used in

combination, the trailer or semi-trailer each shall not exceed twenty-eight and one-half feet (28'

6"), excluding bumpers and accessories. Provided, however, that combinations of vehicles

consisting of three (3) units shall be permitted to operate only on the interstate highway system

and on those highways, streets, and roads designated by the director of the department of

transportation.

     (b) Combinations of vehicles consisting of truck-tractor and semi-trailer coupled together

shall not be restricted in overall length, and semi-trailers shall not exceed fifty-three feet (53') in

length, excluding bumpers and accessories. Towaway trailer transporter combinations shall not be

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restricted to an overall length limitation of less than eighty-two feet (82'). Semi-trailers exceeding

forty-eight and one-half feet (48' 6") shall be permitted to operate only on the interstate highway

system and on those highways, streets and roads designated by the director of the department of

transportation. Exceptions to the requirements of this section include the use of a pole trailer and

combinations designed to transport motor vehicles and/or automobiles as authorized in §§ 31-25-

7 and 31-25-8. The provision that no combination of vehicles coupled together shall consist of

more than three (3) units shall not apply to vehicles coupled together by a saddle mount device

used to transport motor vehicles in a drive-away service when no more than three (3) saddle

mounts are used, and equipment used in the combination is approved by Part 393.71 of the

federal motor carrier safety regulations, 49 CFR 393.71, and safety regulations of the division of

motor vehicles of the department of revenue of the state of Rhode Island as such federal and/or

state legislation may be amended or revised from time to time. Any owner or operator found

deviating from the approval permitted routes shall be fined a minimum mandatory fine of five

hundred dollars ($500), but not more than one thousand dollars ($1,000).

     (c) The distance from the kingpin of the trailer to the center of the rear axle may not

exceed forty-one feet (41').

     (d) Fifty-three foot (53') trailers shall be equipped with a rear end protection device of

substantial construction consisting of a continuous lateral beam extending to within four inches

(4") of the lateral extremities of the trailer, and located not more than twenty-two inches (22")

from the surface of the road as measured with the vehicle empty and on level surface.

     (e) Violations of this section are subject to fines enumerated in § 31-41.1-4.

     31-25-21. Power to permit excess size or weight of loads.

     (a) The department of transportation, with respect to highways under its jurisdiction may,

in its discretion, upon application in writing and good cause being shown for it, approve the

issuance of a special permit in writing by the division of motor vehicles authorizing the applicant

to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load

exceeding eighty thousand pounds (80,000 lbs.) or otherwise not in conformity with the

provisions of chapters 1 -- 27 of this title upon any highway under the jurisdiction of the party

granting the permit and for the maintenance of which the party is responsible. Permits which have

been issued for a full year shall not be required to be renewed for the period of time for which

payment has been made and the application and other required documentation has been

completed and filed. Provided, that neither the department of transportation nor the local

authorities may approve the issuance of permits for divisible loads weighing in excess of one

hundred four thousand-eight hundred pounds (104,800 lbs.), gross vehicle weight, for five (5)

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axle vehicles and seventy-six thousand six hundred fifty pounds (76,650 lbs.), gross vehicle

weight, for three (3) axle vehicles.

     (1) Provided, however, that for milk products, any vehicle carrying fluid milk products

shall be considered a load that cannot be easily dismantled or divided.

     (b) The director of the department of transportation may enter into agreements with other

states, the District of Columbia and Canadian provinces providing for the reciprocal enforcement

of the overweight or over-dimensional vehicle permit laws of those jurisdictions entering into the

agreement.

     (c) Trip permit fee. A fee of twenty dollars ($20.00) shall be paid to the division of motor

vehicles for the issuance of each non-reducible vehicle or load permit.

     (d) Annual fee. A fee of three hundred dollars ($300) paid to the division of motor

vehicles shall exempt the payor from the necessity of paying trip permit fees as found in

subsection (c) of this section. However, payment of the fee shall not be deemed to authorize non-

compliance with the rules and regulations promulgated by the department of transportation

entitled "State of Rhode Island Manual for Overweight and Oversize Vehicle Permits".

     (e) Blanket construction equipment permits may be issued, as determined by the

department of transportation, for intrastate movement of non-reducible loads upon payment of the

fee set forth in subsection (d) of this section. The duration of the blanket permit may not exceed

one year, and the construction equipment permit load shall be limited to a minimum overall

length of fifty-five feet (55'), a maximum overall length of eighty feet (80'), and a maximum

width of twelve feet four inches (12' 4"), provided that neither the division of motor vehicles, nor

local authorities may issue blanket permits for non-divisible loads weighing in excess of one

hundred thirty thousand pounds (130,000 lbs.) on less than six (6) axles, with individual axle

weights exceeding twenty-five thousand pounds (25,000 lbs.); provided, further, that the

department of transportation, with respect to highways under its jurisdictions, may in its

discretion and upon application and for good cause shown approve the issuance of a special trip

permit authorizing the applicant to exceed one hundred thirty thousand pounds (130,000 lbs.) for

non-divisible loads. A flashing amber light shall be in operation above the highest point of the

vehicle and shall be visible from both the front and rear of the vehicle; and signs and red warning

flags shall be affixed to all extremities. All blanket permits issued in accordance with this section

shall be effective during daylight and night-time hours, for all over dimensional moves made and

travel shall be allowed on state highways. The following restrictions on travel times shall apply

to:

     (1) Freeways -- in general.

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     No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm

and 7:00 pm on any day of the week.

     (2) Arterial roadways.

     No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm

and 7:00 pm, Monday through Friday.

     (3) Holidays.

     Memorial Day, Victory Day, Labor Day & Columbus Day -- No Saturday, Sunday or

Monday day or night travel.

     Thanksgiving Day -- No Wednesday night or Thursday day or night travel. No travel on

Wednesday through Sunday of Thanksgiving week in any calendar year.

     Independence Day, Veterans Day, Christmas Day -- No day or night travel and no travel

the previous night.

     Easter Sunday. No Saturday night or Sunday travel.

     (f) Construction equipment blanket permits shall not be granted for travel over the

following bridges:

     Blackstone River Viaduct 750 carrying I-295 northbound and southbound over the

Blackstone River;

     Kingston Road Bridge No. 403 carrying I-95 northbound and southbound over Kingston

Road.

     (g) Travel of blanket permitted construction equipment through zones with reductions in

lane width such as construction zones will not be allowed. Prior to travel, blanket permit holders

are responsible to verify the location of construction zones and lane width reductions. Locations

of lane width reduction zones are available through the state department of transportation's

construction office.

     SECTION 3. This act shall take effect on January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - DEFINITIONS AND GENERAL CODE

PROVISIONS

***

     This act would amend several provisions relative to truck size and weight limitations to

be compatible with federal law.

     This act would take effect on January 1, 2019.

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