Chapter 096

2008 -- S 2426 SUBSTITUTE B

Enacted 06/26/08

 

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - SPECIAL LICENSE FOR

MOTORCYCLES, MOTOR SCOOTERS AND OTHER MOTOR DRIVEN CYCLES

         

     Introduced By: Senators Tassoni, Doyle, and Connors

     Date Introduced: February 12, 2008

     

It is enacted by the General Assembly as follows:

 

     +SECTION 1. Section 31-10.1-1.1 of the General Laws in Chapter 31-10.1 entitled

"Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby

amended to read as follows:

 

     31-10.1-1.1. Motorcycle driver education program. -- (a) The board of governors for

higher education and the office of higher education shall through the Community College of

Rhode Island provide a minimum of six (6) and up to a maximum of twenty (20) hours of

classroom instruction and/or on-the-road driver training, as determined by the department board

and/or the Community College of Rhode Island, for applicants or prospective applicants for a first

motorcycle operator's license under this chapter. Instruction shall be given by a person eligible for

a teacher's certificate issued under the authority of the state board of regents and/or certified to

teach motorcycle safety classes by completion of a course of instruction recognized by the

Community College of Rhode Island. No person teaching classroom or on-the-road instruction

under this section shall own, be employed by, or be associated with a commercial driving school.

      (b) Motorcycle driver education programs shall be available to any eligible resident

applicant holding a valid Rhode Island motor vehicle operator's license.

      (c) The board of governors for higher education shall establish any fees that are deemed

necessary to support this program.

      (d) The board of governors for higher education and the office of higher education are

authorized to establish regulations to further implement this section chapter.

 

     SECTION 2. Chapter 31-10.1 of the General Laws entitled "Special License for

Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended by adding

thereto the following section:

 

     31-10.1-1.2. Department approved motorcycle rider education program Approved

motorcycle rider education program. – (a) The board of governors for higher education and/or

the Community College of Rhode Island may certify motorcycle dealers engaged in selling

motorcycles or an association engaged in motorcycle safety to provide motorcycle driver

education courses in the state if the curriculum used during the course of instruction is certified

by the Motorcycle Safety Foundation, or other programs approved by the board and/or the

Community College of Rhode Island.

     (b) The course shall provide students with a minimum of sixteen and a half (16 1/2) hours

of combined classroom instruction, and on the range motorcycle training for a beginner rider

course, and a minimum of five (5) hours for a licensed rider course.

     (c) In order for an instructor to teach in a motorcycle rider education program in the state,

the person shall meet all of the following requirements:

     (1) Must be twenty-one (21) years of age or older, and must possess a valid drivers

license recognized by the state of Rhode Island for at least three (3) consecutive years;

     (2) Possess a high school diploma or GED;

     (3) Must be certified by the Motorcycle Safety Foundation as an instructor;

     (4)Must be licensed to teach motorcycle training in the state of Rhode Island;

     (5) An instructor has not had more than one moving traffic violation within one year prior

to obtaining certification; not more than two (2) moving violations within a three (3) year period

prior to licensure as a motorcycle rider education instructor; and not more than three (3) moving

violations within a five (5) year period prior to licensure as a motorcycle rider education

instructor;

     (6) An instructor has not had their driving privileges suspended or revoked in the five (5)

preceding years prior to obtaining certification by the state of Rhode Island;

     (7) An instructor has no driving under the influence of alcohol or drug convictions within

ten (10) years prior to obtaining certification by the state of Rhode Island as a motorcycle rider

education instructor;

     (8) Must successfully pass a criminal background check by the department;

     (9) For out of state instructors, the person must provide the department with a certified

copy of their driving record from the previous five (5) years.

     (d) Class sizes shall not exceed twenty-four (24) students in the classroom, and twelve

(12) on the range during instruction.

     (e) A student, unless specified under section 31-10.1-2, who successfully completes a

department approved motorcycle rider education program's skills and written test requirements,

shall be deemed compliant with section 31-10.1-1.1 and exempted from the road test under

section 31-10.1-3 provided the student passes a written, vision and road sign examination at a

department licensing facility. In order to take the written, vision and road sign examination under

section 31-10.1-3 the student shall bring their Motorcycle Safety Foundation completion card and

a road test waiver form provided by the rider education program where the course was

successfully completed. The road test waiver form shall include the following:

     (1) Student's full name, as written on their valid drivers license;

     (2) Motorcycle Safety Foundations' Basic Rider Course Completion Card number;

     (3) Course completion date;

     (4) Dealership or association name;

     (5) Dealership or association contact name;

     (6) MSF Rider Education Recognition Program number, or equivalent;

     (7) Instructor's name, signature and Motorcycle Safety Foundation number or an

identifier from any other program approved by the board and/or the Community College of

Rhode Island instructor number.

     (f) The department or the Community College of Rhode Island has the right to inspect

ranges to ensure they fulfill the Motorcycle Safety Foundation's range standards for motorcycle

training. The department shall have the right to inspect the courses authorized under this section

at any time. The entity providing the motorcycle rider education program shall maintain records

for a minimum of two (2) years, including those who participated in the class, those who

successfully completed the class, and those individuals who failed any portion of the class.

     (g) No state subsidies shall be provided to a dealer or association for operating a

motorcycle driver education program under this section.

     (h) The state of Rhode Island shall not be liable for any acts or omissions on the part of

motorcycle dealers and/or associations in the implementation of the motorcycle rider education

program pursuant to this section.

     (i) Each dealership and/or association seeking to provide a motorcycle driver education

course under this chapter shall pay an application fee of seven hundred and fifty dollars ($750)

and a yearly renewal fee of one hundred dollars ($100) to the office of higher education for the

purpose of program oversight.

 

     SECTION 3. Section 31-10-35 of the General Laws in Chapter 31-10 entitled "Operators'

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

 

     31-10-35. Commercial drivers' school license required. -- No person, unless licensed

under the provisions of this chapter, shall engage in the business of giving instruction for

compensation in the driving of motor vehicles and motorcycles. However, no license shall be

required of a person who is engaged in teaching in a regularly recognized secondary school or

college driver training program or a program in section 31-10.1-1.2, which is approved by the

division of motor vehicles.

 

     SECTION 4. This act shall take effect upon passage.

     

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LC01845/SUB B

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