Chapter 298

2009 -- S 0457 AS AMENDED

Enacted 11/13/09

 

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES

     

     Introduced By: Senators Algiere, and Blais

     Date Introduced: February 25, 2009  

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 31-10.3-15, 31-10.3-31 and 31-10.3-33 of the General Laws in

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

amended to read as follows:

 

     31-10.3-15. Persons not eligible for licensing. -- (a) The department shall not issue any

license pursuant to this chapter:

      (1) To any person, as a commercial driver, who is under the age of twenty-one (21)

years; except for intrastate operations, the applicant must be at least eighteen (18) years of age.

This exception shall not apply to school bus drivers and drivers of placarded vehicles.

      (2) To any person whose license or privilege has been suspended, canceled, revoked or

otherwise withdrawn during suspension, cancellation, revocation, or withdrawal and not until the

person has complied with all requirements for reinstatement.

      (3) To any person who is a habitual drunkard, or is addicted to controlled substances.

      (4) To any person who is required by this chapter to take an examination, unless the

person shall have successfully passed the examination.

      (5) To any person when the administrator has good cause based on clear and convincing

evidence to believe that the person does not meet a standard of physical or mental fitness for

motor vehicle licensure established pursuant to section 31-10-44(b), and that the person's physical

or mental condition prevents him or her from being able to operate a motor vehicle with safety

upon the highways. However, an insulin dependent person shall not automatically be denied a

license. Each case shall be decided individually; certification by a physician that the person is

being regularly monitored, that the person's condition is stable and under control, and that the

person is otherwise medically able qualified to safely operate a motor vehicle shall be conclusive

and a license strictly limited to intrastate use shall be issued. The license must clearly state on its

face that the license is restricted to intrastate use only; provided, however, nothing contained in

this section shall prohibit the issuance of an interstate license as long as all federal regulations are

met.

      (6) To any person who is required under the laws of this state to file or deposit proof of

financial responsibility and who has not deposited that proof.

      (7) To any person when, after a hearing, the administrator has good cause to conclude

that the operation of a motor vehicle on the highways by the person is likely to pose an imminent

safety risk to the general public by reason of the person's past conduct in motor vehicle operation

during the preceding two (2) year period. The hearing shall focus exclusively upon whether a

declination to issue a license is necessary in order to protect public safety, relying upon findings

of the circumstances under which each past motor vehicle offense was committed, the likelihood

of recurrence, and the deterrent effect that might reasonably be expected from the declination.

      (b) The department shall notify in writing any person whose application for a license has

been denied pursuant to subsection (a) of this section. The notice shall contain the factual and

legal basis for the denial, the procedure for requesting a hearing, and the rights afforded the

individual pursuant to section 31-11-7(d) -- (f). When physical or mental fitness is the basis for

the denial, the notice shall refer to the specific functional standard promulgated pursuant to

section 31-10-44(b), which was relied upon by the department. Upon his or her request the

department shall afford the license applicant an opportunity for a hearing as early as practical and

no later than twenty (20) days after receipt of the request.

      (c) The hearing procedures afforded the applicant shall conform to the provisions of

section 31-11-7(d) -- (f).

 

     31-10.3-31. Violations -- Penalties. -- (a) It shall be illegal for any person driving any

commercial motor vehicle as defined in this chapter to operate or control that vehicle while under

the influence of alcohol, drugs, toluene, or any other substance as defined in chapter 28 of title

21. For the purpose of this chapter, any person who drives, operates, or exercises physical control

of a commercial motor vehicle while having a blood alcohol concentration of four-one-

hundredths of one percent (.04%) or greater by weight, as shown by a chemical analysis of a

blood, breath, or urine sample shall be guilty of the offense of driving while under the influence

of liquor or drugs.

      (b) (1) Notwithstanding any other provision of this chapter, it shall be illegal for any

person to drive, operate, or be in physical control of a commercial motor vehicle while having

alcohol in his or her system.

      (2) The administrator shall suspend, for at least one year, a commercial motor vehicle

operator's license or privilege who is found to have committed a first violation of:

      (i) Driving a commercial motor vehicle under the influence of alcohol or controlled

substances;

      (ii) Driving a commercial motor vehicle while the alcohol concentration in the person's

blood, breath, or other bodily substance is four-one-hundredths of one percent (.04%) or greater;

      (iii) Leaving the scene of an accident involving a commercial motor vehicle driven by

the person;

      (iv) Using a commercial motor vehicle in the commission of a felony;

      (v) Refusing to submit to a chemical analysis of breath, blood, or urine while operating a

commercial vehicle.

      (3) If the operator commits any of these violations while carrying hazardous materials

requiring placards under federal/state regulations, the revocation shall be for a period of not less

than three (3) years.

      (4) The administrator shall revoke for life, which may be reduced to a period of at least

ten (10) years in accordance with department of revenue regulations, a commercial motor vehicle

operator's license or privilege who is found to have committed a second violation of:

      (i) Driving a commercial motor vehicle under the influence of alcohol or controlled

substances;

      (ii) Driving a commercial motor vehicle while the alcohol concentration in the person's

blood, breath, or other bodily substance is four-one-hundredths of one percent (.04%) or greater;

      (iii) Knowingly and willfully leaving the scene of an accident involving a commercial

motor vehicle driven by the person;

      (iv) Using a commercial motor vehicle in the commission of a felony;

      (v) Refusing to submit to a chemical analysis of breath, blood, and/or urine while in a

commercial motor vehicle.

      (5) The administrator shall revoke for life the commercial motor vehicle operator's

license or privilege of any person who is found to have used a commercial motor vehicle in the

manufacture, distribution, or dispensing of a controlled substance or the possession with intent to

distribute, manufacture, or dispense a controlled substance.

      (6) The administrator shall suspend the commercial motor vehicle operator's license or

privilege for a period of not less than sixty (60) days of each person who, in a three (3) year

period, has committed two (2) serious traffic violations involving a commercial motor vehicle,

and for not less than one hundred twenty (120) days of each person who has committed three (3)

or more serious traffic violations in a three (3) year period.

      (7) Any person violating subsection (a) of this section shall, upon conviction, be subject

to the fines, penalties, and assessments enumerated in section 31-27-2 for driving under the

influence of liquor or drugs; except for the provision of license or privilege suspension of which

the license shall be withdrawn in accordance with this chapter.

      (c) Any person violating section 31-10.3-26, relating to the license to be carried and

exhibited on demand, shall, upon conviction, be fined not less than fifty dollars ($50.00). For a

second or subsequent conviction there shall be imposed a fine of not less than one hundred dollars

($100), and his or her commercial license or privilege shall be withdrawn for a period of one

month.

      (d) Any person violating section 31-27-1, relating to driving so as to endanger resulting

in death, or section 31-27-1.1, relating to driving so as to endanger, resulting in personal injury,

shall, upon conviction, have his or her commercial license or privilege revoked for a period of

one year. With respect to violations of sections 31-27-1 and 31-27-1.1, the commercial penalties

shall only apply while the operator is operating a commercial vehicle; should the operator be

operating a passenger vehicle, passenger penalties shall apply under sections 31-27-1 and 31-27-

1.1.

      (e) Any person violating section 31-10.3-27, relating to the limitation on the number of

driver licenses, shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor

more than twenty-five hundred dollars ($2,500), and any commercial license shall be cancelled

immediately.

      (f) Any person violating section 31-10.3-28, relating to notification required by the

employee, shall, upon conviction, be fined not less than two hundred fifty dollars ($250) nor more

than five hundred dollars ($500).

      (g) Any person violating section 31-10.3-29, relating to employer responsibilities, shall,

upon conviction be fined not less than five hundred dollars ($500) nor more than two thousand

five hundred dollars ($2,500).

      (h) Any person violating subdivision (b)(1) of this section, relating to violations and

penalties, shall immediately cease operating any commercial vehicle for a period of twenty-four

(24) hours. Failure to do so shall result in a commercial license or privilege revocation for a

period of three (3) months and a fine of one hundred fifty dollars ($150).

      (i) Any person violating section 31-10.3-30, relating to the requirement of a commercial

driver's license, shall, upon conviction of a first offense, be fined not less than two hundred fifty

dollars ($250) nor more than one thousand dollars ($1,000); and, upon conviction of a second or

subsequent offense, be fined not less than one thousand dollars ($1,000) nor more than two

thousand five hundred dollars ($2,500). The person's commercial license or privilege shall be

revoked for a period of at least one year but not more than five (5) years.

      (j) The administrator may, after notice and hearing suspend a school bus driver's

certificate or privilege to obtain a certificate for a period of up to five (5) years from the date of

adjudication or conviction of the following:

      (1) Any motor vehicle driving offense committed by a school bus driver while operating

a self-propelled vehicle and which is a criminal offense in the state of Rhode Island or which, if

committed outside the state, would be considered a criminal offense if committed in the state of

Rhode Island;

      (2) Any alcohol or drug-related motor vehicle driving offense referred to in this section

and committed by a school bus operator who is operating a self-propelled vehicle.

      (k) (1) For purposes of this subsection an "Out-of-Service Order" means a declaration by

the Federal Motor Carrier Safety Administration or an authorized enforcement officer of a

federal, state, Commonwealth of Puerto Rico, Canadian, Mexican or local jurisdiction that a

driver of a commercial motor vehicle , a commercial motor vehicle or a motor carrier operation is

out-of-service, pursuant to the Federal Motor Carrier Safety Regulations contained in 49 CFR

Parts 383, 386, 387 and 390 -- 399, as amended, or pursuant to comparable laws, or the North

American Uniform Out-of-Service criteria.

      (2) The term "disqualified" means the withdrawal of a person's privilege to drive a

commercial motor vehicle.

      (3) Any person who violates an out-of-service order shall be disqualified as follows

except as provided in subdivision (4) of this subsection:

      (i) A person shall be disqualified from driving a commercial motor vehicle for a period

of ninety (90) days if convicted of a first violation of an out-of-service order.

      (ii) A person shall be disqualified for a period of one year if convicted of a second

violation of an out-of-service order during any ten (10) year period arising from separate

incidents.

      (iii) A person shall be disqualified for a period of three (3) years if convicted of a third or

subsequent violation of an out-of-service order during any ten (10) year period arising from

separate incidents.

      (4) Any person who violates an out-of-service order while transporting hazardous

materials or while operating a commercial motor vehicle designed or used to transport sixteen

(16) or more passengers including the driver shall be disqualified as follows:

      (i) A person shall be disqualified for a period of one hundred eighty (180) days if

convicted of a first violation of an out-of-service order.

      (ii) A person shall be disqualified for a period of three (3) years if convicted of a second

or subsequent violation of an out-of-service order during any ten (10) year period arising from

separate incidents.

      (5) Notwithstanding any other provision of law to the contrary, any driver who violates

or fails to comply with an out-of-service order is subject to a penalty of one thousand one

hundred dollars ($1,100) in addition to disqualification under this subsection.

      (6) Any employer who violates an out-of-service order, or who knowingly requires or

permits a driver to violate or fail to comply with an out-of-service order, is subject to a penalty of

two thousand seven hundred fifty dollars ($2,750).

      (l) Disqualification for railroad-highway grade crossing violation.

      (1) General rule. - A driver who is convicted of operating a commercial motor vehicle in

violation of a federal, state, or local law or regulation pertaining to one of the following six (6)

offenses at a railroad-highway grade crossing must be disqualified for the period of time specified

in subsection ( l )(2) of this section:

      (i) For drivers who are not required to always stop, failing to slow down and check that

the tracks are clear of an approaching train;

      (ii) For drivers who are not required to always stop, failing to stop before reaching the

crossing, if the tracks are not clear;

      (iii) For drivers who are always required to stop, failing to stop before driving onto the

crossing;

      (iv) For all drivers, failing to have sufficient space to drive completely through the

crossing without stopping;

      (v) For all drivers, failing to obey a traffic control device or the directions of an

enforcement official at the crossing;

      (vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage

clearance.

      (2) Duration of disqualification for railroad-highway grade crossing violation.

      (i) First violation. - A driver must be disqualified for not less than sixty (60) days if the

driver is convicted of a first violation of a railroad-highway grade crossing violation.

      (ii) Second violation. - A driver must be disqualified for not less than one hundred

twenty (120) days if, during any three (3) year period, the driver is convicted of a second railroad-

highway grade crossing violation in separate incidents.

      (iii) Third or subsequent violation. - A driver must be disqualified for not less than one

year if, during any three (3) year period, the driver is convicted of a third or subsequent railroad-

highway grade crossing violation in separate incidents.

      (3) Special penalties pertaining to railroad-highway grade crossing violations. An

employer who is convicted of a violation of section 31-10.3-29(5) is subject to a civil penalty of

not more than ten thousand dollars ($10,000).

      (m) Any person shall be subject to disqualification for a conviction of operating a

commercial motor vehicle when the operator's license is suspended, revoked, or cancelled or the

operator is otherwise disqualified based on prior motor vehicle convictions.

      (n) Any person shall be subject to disqualification in accordance with 49 CFR 383.51(b),

(c), (d) and (e).

     (o) The administrator shall disqualify, for up to one year, the commercial motor vehicle

operator's license or driving privilege of an operator whose driving constitutes an imminent

hazard.

     (1) For the purposes of this section, "imminent hazard" means the existence of a

condition that presents a substantial likelihood that death, serious illness, severe personal injury,

or a substantial endangerment to health, property, or the environment may occur before the

reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that

death, illness, injury or endangerment.

     (p) After issuing a disqualification for a period of thirty (30) days or less, the

administrator may provide the driver an opportunity for a hearing, and must provide the driver

notice of a proposed disqualification period of more than thirty (30) days and an opportunity for a

hearing to present a defense to the proposed disqualification.

 

     31-10.3-33. Notification of traffic violations. -- (a) Every clerk of the courts within the

state of Rhode Island shall, within ten (10) days after receiving a report of the conviction of any

resident or nonresident holder of a commercial driver's license of any violation of state law,

federal law, or local ordinance relating to motor vehicle traffic control, other than parking

violations, committed in a commercial motor vehicle, notify the division of motor vehicles and

the licensing authority of the offender and the offense committed.

      (b) This notice shall contain:

      (1) The name and residence address of the driver.

      (2) The date of birth of the driver.

      (3) The social security number and the license number of the driver and the state of

issuance.

      (4) The violation of which the driver was convicted.

      (5) An indication that the person was operating a commercial motor vehicle.

      (6) The amount of any jail time, fine, costs, or conditions assessed for the violation.

      (7) The name of the court and city or county in which the conviction occurred.

      (c) The administrator shall notify the issuing state of any revocation, suspension,

cancellation or disqualification of an out-of-state commercial driver's license holder's privilege to

operate a commercial motor vehicle for at least sixty (60) days. Notification shall be made no

later than ten (10) days after disqualifying, revoking, canceling or suspending the out-of-state

commercial driver's license holder's privilege to drive a commercial motor vehicle. Notification

shall include the disqualification and the violation which resulted in the disqualification,

revocation, suspension or cancellation. This information shall be recorded on the driver's record.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01454

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