2020 -- H 7353 | |
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LC003573 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES | |
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Introduced By: Representatives Casimiro, and Craven | |
Date Introduced: January 30, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 31-10.1-1, 31-10.1-1.1, 31-10.1-1.2, 31-10.1-2 and 31-10.1-3 of |
2 | the General Laws in Chapter 31-10.1 entitled "Special License for Motorcycles, Motor Scooters, |
3 | and Other Motor Driven Cycles" are hereby amended to read as follows: |
4 | 31-10.1-1. License required. |
5 | (a) No resident of this state, except those expressly exempted in this chapter, shall drive |
6 | any two (2)-wheeled motorcycle or motor-driven cycle upon a highway in this state, unless the |
7 | person shall first obtain a special license as an operator under the provisions of this chapter; |
8 | provided, however, motorized bicycles and motor scooters with a motor rated not more than four |
9 | and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters, which is |
10 | capable of a maximum speed of not more than thirty (30) miles per hour, shall be exempt from |
11 | the provisions of this section. No person shall be licensed pursuant to this chapter unless he or she |
12 | shall be at least sixteen (16) years of age or unless the person previously has been issued a full |
13 | operator's license and a motorcycle learner's permit or is already licensed under a prior act of this |
14 | state. Any person under the age of eighteen (18) duly licensed under the prior act shall be eligible |
15 | to have his or her license renewed in the same manner as persons over the age of eighteen (18). |
16 | All licenses issued pursuant to this chapter shall reflect any requirement of the operator to wear a |
17 | helmet pursuant to § 31-10.1-4. |
18 | (b) No resident of this state, except those expressly exempted in this chapter, shall drive |
19 | any three (3)-wheeled motorcycle or motor-driven cycle upon a highway in this state, unless the |
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1 | person shall first obtain a special license as an operator under the provisions of this chapter; |
2 | provided, however, motorized bicycles and motor scooters with a motor rated not more than four |
3 | and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters, which is |
4 | capable of a maximum speed of not more than thirty (30) miles per hour, shall be exempt from |
5 | the provisions of this section. No person shall be licensed pursuant to this chapter unless he or she |
6 | shall be at least sixteen (16) years of age or unless the person previously has been issued a full |
7 | operator's license and a motorcycle learner's permit or is already licensed under a prior act of this |
8 | state. Any person under the age of eighteen (18) years duly licensed under the prior act shall be |
9 | eligible to have their license renewed in the same manner as persons over the age of eighteen (18) |
10 | years. All licenses issued pursuant to this chapter shall reflect any requirement of the operator to |
11 | wear a helmet pursuant to § 31-10.1-4. |
12 | (c) Any person currently licensed pursuant to this chapter, prior to September 1, 2020, |
13 | shall continue to be permitted to operate both two (2)-wheeled and three (3)-wheeled motorcycles |
14 | and motordriven cycles without further examination. |
15 | 31-10.1-1.1. Motorcycle driver education program. |
16 | (a) The board of governors for higher education and the office of higher education shall |
17 | through the Community College of Rhode Island provide: |
18 | (1) a A minimum of six (6) and up to a maximum of twenty (20) hours of classroom |
19 | instruction and/or on-the-road driver training, as determined by the board and/or the Community |
20 | College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator's |
21 | license to operate two (2)-wheeled motorcycles under this chapter; and |
22 | (2) A minimum of six (6) and up to a maximum of twenty (20) hours of classroom |
23 | instruction and/or on-the-road driver training, as determined by the board and/or the Community |
24 | College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator's |
25 | license to operate three (3)-wheeled motorcycles under this chapter. Instruction shall be given by |
26 | a person eligible for a teacher's certificate issued under the authority of the state board of regents |
27 | and/or certified to teach motorcycle safety classes by completion of a course of instruction |
28 | recognized by the Community College of Rhode Island. |
29 | (b) Motorcycle driver education programs shall be available to any eligible resident |
30 | applicant holding a valid Rhode Island motor vehicle operator's license. |
31 | (c) The board of governors for higher education shall establish any fees that are deemed |
32 | necessary to support this program. |
33 | (d) The board of governors for higher education and the office of higher education are |
34 | authorized to establish regulations to further implement this chapter. |
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1 | 31-10.1-1.2. Approved motorcycle rider education program. |
2 | (a) The board of governors for higher education and/or the Community College of Rhode |
3 | Island may certify motorcycle dealers engaged in selling motorcycles or an association engaged |
4 | in motorcycle safety to provide motorcycle driver education courses in the state if the curriculum |
5 | used during the course of instruction is certified by the Motorcycle Safety Foundation, or other |
6 | programs approved by the board and/or the Community College of Rhode Island. |
7 | (b)(1) The course of instruction for operation of two (2)-wheeled motorcycles shall |
8 | provide students with a minimum of sixteen and a half (16 1/2) hours of combined classroom |
9 | instruction, and on the range motorcycle training for a beginner rider course, and a minimum of |
10 | five (5) hours for a licensed rider course. |
11 | (2) The course of instruction for operation of three (3)-wheeled motorcycles shall provide |
12 | students with a minimum of sixteen and a half (16 1/2) hours of combined classroom instruction, |
13 | and on the range motorcycle training for a beginner rider course, and a minimum of five (5) hours |
14 | for a licensed rider course. |
15 | (c) In order for an instructor to teach in a motorcycle rider education program in the state, |
16 | the person shall meet all of the following requirements: |
17 | (1) Must be twenty-one (21) years of age or older, and must possess a valid drivers |
18 | license recognized by the state of Rhode Island for at least three (3) consecutive years; |
19 | (2) Possess a high school diploma or GED; |
20 | (3) Must be certified by the Motorcycle Safety Foundation as an instructor; |
21 | (4) Must be licensed to teach motorcycle training in the state of Rhode Island; |
22 | (5) An instructor has not had more than one moving traffic violation within one year prior |
23 | to obtaining certification; not more than two (2) moving violations within a three (3) year period |
24 | prior to licensure as a motorcycle rider education instructor; and not more than three (3) moving |
25 | violations within a five (5) year period prior to licensure as a motorcycle rider education |
26 | instructor; |
27 | (6) An instructor has not had their driving privileges suspended or revoked in the five (5) |
28 | preceding years prior to obtaining certification by the state of Rhode Island; |
29 | (7) An instructor has no driving under the influence of alcohol or drug convictions within |
30 | ten (10) years prior to obtaining certification by the state of Rhode Island as a motorcycle rider |
31 | education instructor; |
32 | (8) Must successfully pass a criminal background check by the department; |
33 | (9) For out of state instructors, the person must provide the department with a certified |
34 | copy of their driving record from the previous five (5) years. |
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1 | (d) Class sizes shall not exceed twenty-four (24) students in the classroom, and twelve |
2 | (12) on the range during instruction. |
3 | (e) A student, unless specified under § 31-10.1-2, who successfully completes a |
4 | department approved two (2)-wheeled motorcycle rider education program's skills and written |
5 | test requirements, shall be deemed compliant with § 31-10.1-1.1(a)(1) and exempted from the |
6 | road test under § 31-10.1-3(a) provided the student passes a written, vision and road sign |
7 | examination at a department licensing facility. A student, unless specified under § 31-10.1-2, who |
8 | successfully completes a department approved three (3)-wheeled motorcycle rider education |
9 | program's skills and written test requirements, shall be deemed compliant with § 31-10.1- |
10 | 1.1(a)(2) and exempted from the road test under § 31-10.1-3(b), provided the student passes a |
11 | written, vision and road sign examination at a department facility. In order to take the written, |
12 | vision and road sign examination under § 31-10.1-3(a) or (b) the student shall bring their |
13 | Motorcycle Safety Foundation completion card and a road test waiver form provided by the rider |
14 | education program where the course was successfully completed. The road test waiver form shall |
15 | include the following: |
16 | (1) Student's full name, as written on their valid drivers license; |
17 | (2) Motorcycle Safety Foundations' Basic Rider Course Completion Card number; |
18 | (3) Course completion date; |
19 | (4) Dealership or association name; |
20 | (5) Dealership or association contact name; |
21 | (6) MSF Rider Education Recognition Program number, or equivalent; |
22 | (7) Instructor's name, signature and Motorcycle Safety Foundation number or an |
23 | identifier from any other program approved by the board and/or the Community College of |
24 | Rhode Island instructor number. |
25 | (f) The department or the Community College of Rhode Island has the right to inspect |
26 | ranges to ensure they fulfill the Motorcycle Safety Foundation's range standards for motorcycle |
27 | training. The department shall have the right to inspect the courses authorized under this section |
28 | at any time. The entity providing the motorcycle rider education program shall maintain records |
29 | for a minimum of two (2) years, including those who participated in the class, those who |
30 | successfully completed the class, and those individuals who failed any portion of the class. |
31 | (g) No state subsidies shall be provided to a dealer or association for operating a |
32 | motorcycle driver education program under this section. |
33 | (h) The state of Rhode Island shall not be liable for any acts or omissions on the part of |
34 | motorcycle dealers and/or associations in the implementation of the motorcycle rider education |
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1 | program pursuant to this section. |
2 | (i) Each dealership and/or association seeking to provide a motorcycle driver education |
3 | course under this chapter shall pay an application fee of seven hundred and fifty dollars ($750) |
4 | and a yearly renewal fee of one hundred dollars ($100) to the office of higher education for the |
5 | purpose of program oversight. |
6 | 31-10.1-2. Learner's permit. |
7 | (a)(1) Upon applying for a first license to drive a two (2)-wheeled motorcycle and after |
8 | successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(1) |
9 | and after satisfying the requirements of § 31-10.1-3(a), the administrator of the division of motor |
10 | vehicles may issue a motorcycle learner's permit to take instruction in the operation of a two (2)- |
11 | wheeled motorcycle which entitles the holder to operate or drive a two (2)-wheeled motorcycle |
12 | on the public highway, other than limited access highway, as a learner, under the general |
13 | supervision, and whether or not under the immediate control, of a licensed motorcycle operator, |
14 | at least eighteen (18) years of age. |
15 | (2) Upon applying for a first license to drive a three (3)-wheeled motorcycle and after |
16 | successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(2) |
17 | and after satisfying the requirements of § 31-10.1-3(b), the administrator of the division of motor |
18 | vehicles may issue a motorcycle learner's permit to take instruction in the operation of a three (3)- |
19 | wheeled motorcycle which entitles the holder to operate or drive a three (3)-wheeled motorcycle |
20 | on the public highway, other than limited access highway, as a learner, under the general |
21 | supervision, and whether or not under the immediate control, of a licensed motorcycle operator, |
22 | at least eighteen (18) years of age. |
23 | (3) A person who has been issued a learner's permit may not carry passengers other than |
24 | the supervising driver on the motorcycle until the person has been licensed to operate a |
25 | motorcycle. |
26 | (b) The following persons are eligible for a motorcycle learner's permit: |
27 | (1) A person who is at least sixteen (16) years old but less than eighteen (18) years old |
28 | and has a limited provisional license or a full operator's license issued by the division of motor |
29 | vehicles. |
30 | (2) A person who is at least eighteen (18) years old and has a license issued by the |
31 | division of motor vehicles. |
32 | (c) The holder of a motorcycle learner's permit who has a limited provisional license may |
33 | drive the motorcycle only at times when the license holder could drive a motor vehicle without |
34 | supervision pursuant to § 31-10-14. |
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1 | (d) A motorcycle learner's permit expires eighteen (18) months after it is issued. |
2 | 31-10.1-3. Examination. |
3 | (a) All applicants for a two (2)-wheeled motorcycle, motor scooter, or motor-driven cycle |
4 | license, except those exempted in this chapter, shall pass a written, vision, road sign, and road test |
5 | as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the |
6 | applicant. |
7 | (b) All applicants for a three (3)-wheeled motorcycle, motor scooter, or motor-driven |
8 | cycle license, except those exempted under this chapter, shall pass a written, vision, road sign, |
9 | and road test, as prescribed by the administrator of the division of motor vehicles in a vehicle |
10 | supplied by the applicant. |
11 | (b)(c) An applicant who within six (6) months of having been certified by the department |
12 | of elementary and secondary education as having passed a written examination, road sign, and |
13 | road test administered by that department, shall, upon completion of an eyesight test by the |
14 | division of motor vehicles, be considered in compliance with this section. |
15 | SECTION 2. This act shall take effect on September 1, 2020. |
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LC003573 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES | |
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1 | This act would provide that three (3)-wheeled motorcycles be included under the |
2 | licensing requirements of the department of motor vehicles. |
3 | This act would take effect on September 1, 2020. |
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LC003573 | |
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