2019 -- S 0625 SUBSTITUTE A

========

LC002094/SUB A

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

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:

1

     SECTION 1. Sections 31-10.3-19, 31-10.3-20, 31-10.3-23 and 31-10.3-30 of the General

2

Laws in Chapter 31-10.3 entitled "Rhode Island Uniform Commercial Driver's License Act" are

3

hereby amended to read as follows:

4

     31-10.3-19. Examination of applicants.

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

applicant is seeking. Each applicant shall successfully complete the skills test in the following

13

order:

14

     (1) Pre-trip inspection;

15

     (2) Basic vehicle controls skills; and

16

     (3) On-road skills.

17

     If an applicant fails one segment of the skills test, the applicant shall not continue to the

18

next segment of the test; however, scores for the passed segments of the skills test shall remain

 

1

valid and an applicant will not be required to retake the segments previously passed prior to

2

expiration of the commercial learner's permit. The examination may also include any further

3

physical and mental examinations that the department deems necessary to determine the

4

applicant's fitness to safely operate a motor vehicle upon the highways.

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

     31-10.3-20. Fees.

15

     The fees charged for commercial licenses, endorsements, classifications, restrictions, and

16

required examinations shall be as follows:

17

     (1) For every commercial operator's first license, thirty dollars ($30.00);

18

     (2) For every renewal of a commercial license, fifty dollars ($50.00);

19

     (3) For every duplicate commercial license, ten dollars ($10.00);

20

     (4) For every duplicate commercial instruction learner's permit, ten dollars ($10.00);

21

     (5) For any change of:

22

     (i) Classification(s), ten dollars ($10.00);

23

     (ii) Endorsement(s), ten dollars ($10.00);

24

     (iii) Restriction(s), ten dollars ($10.00);

25

     (6) For every written and/or oral examination, ten dollars ($10.00);

26

     (7) The Rhode Island board of education shall establish fees that are deemed necessary

27

for the Community College of Rhode Island to administer the skill test, not to exceed one

28

hundred dollars ($100);

29

     (8) For every commercial learner's permit, sixty dollars ($60.00). Class P (learner's

30

permit) first license, thirty dollars ($30.00); and

31

     (9) For every renewal of a commercial Class P (learner's permit) license, thirty dollars

32

($30.00).

33

     31-10.3-23. Expiration of licenses.

34

     Every commercial license issued by the department shall expire on the licensee's birth

 

LC002094/SUB A - Page 2 of 3

1

date in the fifth year following the initial issuance, excluding commercial learner's permits Class

2

P (learner's permit) licenses which shall expire one year hundred eighty (180) days from the date

3

of initial issuance, and excluding a first issuance which shall expire on the licensee's birth date in

4

the second year following initial issuance.

5

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

6

     (a) Except when operating under a commercial instruction learner's permit and

7

accompanied by the holder of a commercial license valid for the vehicle being operated, no

8

person shall operate a commercial motor vehicle unless the person has been issued a valid

9

commercial driver's license containing the endorsements, classifications, or restrictions applicable

10

to the type of vehicle being operated.

11

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

12

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

13

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

14

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

15

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

16

or a third party designated by the department.

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

     SECTION 2. This act shall take effect on January 1, 2020.

========

LC002094/SUB A

========

 

LC002094/SUB A - Page 3 of 3

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

***

1

     This act would permit applicants for commercial driver’s licenses (CDLs) to carry over

2

parts of the required examinations that they passed for a period of one year and require them to

3

retake those portions not passed and increase the fee for a learner's permit from thirty dollars

4

($30.00) to sixty dollars ($60.00).

5

     This act would take effect on January 1, 2020.

========

LC002094/SUB A

========

 

LC002094/SUB A - Page 4 of 3