2019 -- S 0625

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LC002094

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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: Senator Roger Picard

     Date Introduced: March 14, 2019

     Referred To: Senate Special Legislation and Veterans Affairs

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-10.3-19 and 31-10.3-30 of the General Laws in Chapter 31-

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

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read as follows:

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     31-10.3-19. Examination of applicants.

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     (a) The department shall examine every applicant for a commercial license or learner's

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permit. The examination shall include: (1) a test of the applicant's eyesight to be administered

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according to standards set by the Federal Motor Carrier Regulations; (2) his or her ability to read

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English in understanding highway signs regulating, warning, and directing traffic; (3) his or her

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knowledge of the traffic laws of this state; and (4) shall include an actual demonstration of ability

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to exercise ordinary and reasonable control in the operation of a motor vehicle or combination of

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vehicles of the type covered by the license classification, endorsement, or restrictions which the

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applicant is seeking. The examination may also include any further physical and mental

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examinations that the department deems necessary to determine the applicant's fitness to safely

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operate a motor vehicle upon the highways. Any applicant who achieves a passing grade, exhibits

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the proficiency required or otherwise satisfies any requirements of any part of the examination

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process but fails to meet any other requirements shall be permitted, for a period of up to two

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years, to retake only those sections which the applicant failed to pass.

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     (b) A nonresident, who establishes residence in the state of Rhode Island and makes

 

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application for a Rhode Island commercial license, shall not be required to demonstrate his or her

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ability to operate a motor vehicle, unless the examiner has reason to believe such a demonstration

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is needed; provided, that the nonresident surrenders a valid commercial license that was issued

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under the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C.

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§ 31101 et seq.); may be as amended from time to time by another state.

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     (c) The department shall be permitted to promulgate rules and regulations pertaining to

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third-party testing for the skills tests required for commercial driver's licenses in accordance with

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49 CFR Part 383, as it may be revised from time to time.

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     31-10.3-30. Commercial driver's license required.

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     (a) Except when operating under a commercial instruction permit and accompanied by

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the holder of a commercial license valid for the vehicle being operated, no person shall operate a

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commercial motor vehicle unless the person has been issued a valid commercial driver's license

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containing the endorsements, classifications, or restrictions applicable to the type of vehicle being

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operated.

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     (b) No person shall be issued a commercial driver's license until he or she has passed a

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written and driving test for the operation of a commercial motor vehicle which complies with the

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minimum federal standards in 49 C.F.R. Part 383, as revised from time to time, and has satisfied

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all other federal requirements as well as any other requirements imposed by state law subject to

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the provisions of § 31-10.3-19(a). The tests shall be prescribed and conducted by the department

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or a third party designated by the department.

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     (c) A commercial license may be issued only to a person who operates or who intends to

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operate commercial motor vehicles and who is domiciled in this state.

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     (d) A commercial license shall not be issued to a person during a period in which that

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person is disqualified from operating a commercial motor vehicle or while that person's license is

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suspended, revoked, cancelled, or otherwise withdrawn in any state or province of Canada; nor

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shall a commercial driver's license be issued to a person who has a license issued by any other

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state unless the person first surrenders the commercial driver's license issued by the other state,

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which license shall be returned to the issuing state for cancellation.

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     SECTION 2. This act shall take effect upon passage.

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LC002094

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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 permit applicants for commercial driver’s licenses to carry over parts of

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the required examinations that they passed for a period of two years and require them to retake

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those portions not passed.

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     This act would take effect upon passage.

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