2023 -- H 5766

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LC002015

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Representatives Fogarty, Shallcross Smith, Tanzi, Hull, J. Lombardi,
Carson, Cotter, Spears, and McEntee

     Date Introduced: February 21, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings.

     (1) The Rhode Island department of education has temporarily authorized driver education

schools to deliver the thirty-three (33) hour community college of Rhode Island approved driver

training curriculum in an instructor-led virtual format since April, 2020.

     (2) The virtual platform used to present the curriculum allows the instructor to see the

students on-screen and monitor student engagement by providing spot quizzes, interactive question

and answer sessions, class polling and a final exam.

     (3) Scores for exams taken in a classroom setting (pre-pandemic) and those taken virtually

are comparable (90.94 on average for in-person vs. 89.58 on average for virtual).

     (4) Virtual instruction can provide workable alternatives to students with physical,

emotional, or other learning challenges.

     (5) A virtual instruction option promotes greater accessibility to the curriculum advancing

equity and inclusion.

     (6) A virtual option can be particularly important in rural areas or Rhode Island

communities where no classroom instruction is available.

     SECTION 2. Section 31-10-20 of the General Laws in Chapter 31-10 entitled "Operators’

and Chauffeurs’ Licenses" is hereby amended to read as follows:

     31-10-20. Driver education course requirement before licensing.

     (a) No limited-instruction permit or license shall be issued to any person not more than

eighteen (18) years of age unless that person shall have successfully completed a course of

instruction as provided in § 31-10-19, or a similar course of instruction, conducted in a classroom

setting or in an instructor-led virtual format, recognized by the state board of education as

equivalent to it. However, any person who is over eighteen (18) years of age and has been a holder

of a motor vehicle operator’s license issued to that person by any other state, territory, or possession

of the United States, or any other sovereignty for a period of one year immediately prior to his or

her application for a license under this chapter shall not be required to comply with the provisions

of this section.

     (b) Commencing on July 1, 2004, no limited-instruction permit or license shall be issued

to any person not more than eighteen (18) years of age unless that person shall have successfully

completed a course of instruction as provided in § 31-10-19, or a similar course of instruction in

another state recognized by the state board of education as equivalent to it. In determining whether

a course is equivalent, the state board of education shall at a minimum require: (1) That the course

consist of at least thirty-three (33) instructional hours that substantially conform with the current

curriculum utilized by the instructor(s) at the Community College of Rhode Island, including a

minimum of three (3) hours of instruction focusing upon specific Rhode Island traffic laws, the

specific requirements of the Rhode Island graduated-licensing statute in § 31-10-6, and eight (8)

hours specifically for instruction on the effects of alcohol and drugs on a driver. All driver’s

education programs shall include information concerning the Revised Uniform Anatomical Gift

Act, chapter 18.6.1 of title 23, and information on donor cards pursuant to the applicable provisions

of chapter 18.6.1 of title 23; (2) That the instructor holds a valid teacher’s certificate; (3) That the

instructor satisfactorily completes at least a three-credit (3) course in traffic safety education at an

accredited institution of higher education; and (4) That the program does not offer outside the

classroom road test instruction or driving lessons to Rhode Island students. However, any person

who is over eighteen (18) years of age and has been a holder of a motor vehicle operator’s license

issued to that person by any other state, territory, or possession of the United States, or any other

sovereignty for a period of one year immediately prior to his or her application for a license under

this chapter shall not be required to comply with the provisions of this section.

     (c) The driver’s education course and driver’s license examination shall include material

pertaining to a driver’s rights and responsibilities when stopped by a law enforcement officer as

explained during the driver education course, including, but not limited to, rights provided to

drivers pursuant to chapter 21.2 of title 31, the “comprehensive community-police relationship act

of 2015.”

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     SECTION 3. 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 -- OPERATORS' AND CHAUFFEURS'

LICENSES

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     This act would authorize driver education schools to offer the driver training curriculum in

a classroom setting or an instructor-led virtual format.

     This act would take effect upon passage.

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