CHAPTER 56
2002-H 7266A am
Enacted 06/13/2002


A  N    A  C T

RELATING TO MOTOR AND OTHER VEHICLES

 

Introduced By: Representatives Kennedy, Lewiss, Barr, Garvey, and Naughton

 

Date Introduced: February 05, 2002

It is enacted by the General Assembly as follows:


SECTION 1. Legislative findings and intent.

(a) The legislature finds and declares the following:

(1) This state has severe traffic congestion and air pollution problems, particularly in its cities and coastal towns, and finding ways to reduce these problems is of paramount importance.

(2) Electric motorized bicycles that meet the definition below produce no emissions, are nearly silent and, therefore, the use of such devices will reduce air pollution, noise pollution, and traffic congestion.

(3) The changes below do not impact traffic law or the safety equipment required by NHTSA federal standard CFR 571 for motor-driven cycles.

(b) It is the intent of the legislature in adding this act to promote the use of alternative low-emission or no-emission transportation while maintaining vehicle safety and vehicle law enforcement ability.

SECTION 2. Section 31-1-3 of the General Laws in Chapter 31-1 entitled "Definitions and General Code Provisions" is hereby amended to read as follows:

31-1-3. Types of vehicles. -- (a) (1) "Antique motor car" means any motor vehicle which 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 and 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".

(b) (1) "Antique motorcycle" means any motorcycle which 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 and 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, 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) "Hearse" means every motor vehicle used for transporting human corpses. A hearse shall be considered an automobile for registration purposes.

(g) "Jitney or bus" means: (1) a "public bus" which includes every motor vehicle, trailer, semitrailer, 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" which 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.

(h) "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 (j).

(i) "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 (j).

(j) "Motorized bicycles" means two (2) wheel vehicles which may be propelled by human power or helper power, or by both, with a motor rated not more than one and one-half (1.5) brake horsepower or two (2) (S.A.E.) horsepower which is capable of a maximum speed of not more than thirty (30) miles per hour.

(k) "Motorized camper" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle used as a temporary dwelling for travel, camping, recreational, and vacation use, and which is eligible to be registered for highway use.

(l) "Motorized tricycles" means tricycles which may be propelled by human power or helper motor, or by both, with a motor rated no more than 1.5 brake horsepower which is capable of a maximum speed of not more than thirty (30) miles per hour.

(m) "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.

(n) "Motor vehicle" means every vehicle which 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 herein defined, and motorized wheelchairs.

(o) "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.

(p) "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.

(q) "Pick-up coach or pick-up camper" means a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, camping, recreational, and vacation uses, and which is eligible to be registered for highway use.

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

(s) "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.

(t) "Tent trailer" means a canvas, folding structure, mounted on wheels but not self-propelled, used as a temporary dwelling for travel, camping, recreational, and vacation uses, and which is eligible to be registered for highway use.

(u) "Trackless trolley coach" means every motor vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated on rails.

(v) "Travel trailer" means a vehicular structure built on a chassis, portable but not self-propelled, designed to be used as a temporary dwelling for travel, camping, recreational, and vacation uses, and when equipped for the road has a body width not exceeding eight feet (8') and which is eligible to be registered for highway use.

(w) "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.

(x) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing two (2) non-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system which limits the maximum speed of the device to fifteen (15) miles per hour.

(y) "Electric motorized bicycles" means a motorized bicycle which 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, which is capable of a maximum speed of not more than twenty-five (25) miles per hour.

SECTION 3. Section 31-3-2.2 of the General Laws in Chapter 31-3 entitled "Registration of Vehicles" is hereby amended to read as follows:

31-3-2.2. Registration of motorcycles, motorized bicycles, and motorized tricycles. -- Every motorcycle, motorized bicycle, and motorized tricycle owned by a resident of this state shall be subject to the registration provisions of chapters 3 -- 9 of this title, whether the motorcycle, motorized bicycle, or motorized tricycle is operated or drawn upon a highway within this state or upon private property. An electric personal assistive mobility device ("EPAMD") and electric motorized bicycles shall not be required to register under this chapter; provided, however, that an EPAMD and/or electric motorized bicycles shall not be operated in this state by a person under the age of sixteen (16) years.

SECTION 4. Sections 31-19-3, 31-19-11 and 31-19-12 of the General Laws in Chapter 31-19 entitled "Operation of Bicycles" are hereby amended to read as follows:

31-19-3. Applicability of traffic laws. -- Every person riding an electric personal assistive mobility device ("EPAMD"), riding an electric motorized bicycle, or propelling a vehicle by human power shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle by chapters 12 -- 27 of this title, except as to special regulations in this chapter and except as to those provisions of chapters 12 -- 27 which by their nature can have no application. This section shall not forbid a bicyclist, EPAMD or electric motorized bicycle from traveling upon the shoulders of the highway except for those highways which prohibit bicyclists.

31-19-11. Bicycles and motorized wheelchairs on sidewalks and crosswalks. -- A person may ride any vehicle operated by human power or may operate a motorized wheelchair or an electric personal assistive mobility device ("EPAMD") as defined in section 31-1-3 upon and along a sidewalk, or across a roadway upon and along a crosswalk, unless prohibited by official traffic-control devices (signs).

31-19-12. Bicycles on sidewalks and crosswalks -- Rights and duties. -- A person propelling a vehicle by human power or operating an electric personal assistive mobility device ("EPAMD") upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian under the same circumstances; provided, however, that a person riding an electric personal assistive mobility device ("EPAMD") on a sidewalk or a bicycle path or trail shall yield the right-of-way to pedestrians or give an audible signal before overtaking any passing pedestrian. For purposes of this section electric personal assistive mobility devices ("EPAMD") and electric motorized bicycles shall be prohibited from sidewalks and crosswalks in the town of New Shoreham.

SECTION 5. Section 31-5-1 of the General Laws in Chapter 31-5 entitled "Dealers', Manufacturers', and Rental Licenses" is hereby amended to read as follows:

31-5-1. Definitions. -- (a) Whenever the words "licensor" and/or "department" are used in chapters 5 and 5.1 of title 31, they refer to the "department of administration".

(b) For the purposes of this section, an electric motorized bicycle as defined in subsection 31-1-3(y) is not considered a motor vehicle.

SECTION 6. This act shall take effect upon passage.


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