It is enacted by the General Assembly as follows
SECTION 1. Section 31-10.3-31 of the General Laws in Chapter 31-10.3 entitled "Rhode Island Commercial Driver's Licenses Act" is hereby amended to read as follows:
31-10.3-31. Violations -- Penalties. -- (a) It shall be illegal for any person driving any commercial motor vehicle as defined herein to operate or control any such vehicle while under the influence of alcohol, drugs, toluene, or any other substance as defined in chapter 21-28 of title 21. For 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) 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.
(1) The administrator shall suspend, for at least one (1) 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-hundredth 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, or urine while operating a commercial vehicle.
(2) 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.
(3) The administrator shall revoke for life, which may be reduced to a period of at least ten (10) years in accordance with department of administration 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.
(4) 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.
(5) 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) serious traffic violations in a three (3) year period.
(6) 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 While Intoxicated; except for the provision of license or privilege suspension of which such 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 (1) month.
(d) Any person violating sections 31-27-1, relating to driving so as to endanger resulting in death or section 31-27-1.1, entitled 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 (1) 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 forthwith.
(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 responsibility, 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 subsection 31-10.3-31(b) 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 of 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 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 (1) year but not more than five (5) years.
{ADD (j)(1) Any employee who violates an out-of-service order by operating a commercial motor vehicle shall have his commercial license suspended, as provided within. A law enforcement officer is authorized to issue an out-of-service order when a commercial motor vehicle has been determined to have serious mechanical or loading conditions which would likely cause an accident or breakdown.
(2) Except as provided in subparagraph (3), any employee who is adjudicated for violating an out-of-service order shall have his commercial license suspended as follows:
(i) Ninety (90) days upon adjudication of a first violation of an out-of-service order;
(ii) One (1) year upon adjudication of a second violation of an out-of-service order within ten (10) years;
(iii) Three (3) years upon adjudication of a third or subsequent violation of an out-of-service order within ten (10) years.
(3) Any employee who is adjudicated for violating an out-of-service order for a commercial vehicle which is designed to transport sixteen (16) or more passengers including the driver or which transports hazardous materials shall have his commercial license suspended as follows:
(i) One hundred and eighty (180) days upon adjudication of a first violation;
(ii) Two (2) years upon adjudication of a second or subsequent violation within ten (10) years;
(4)(i) In addition to the above, any employee who violates an out-of-service order is subject to a penalty of one thousand dollars ($1,000).
(ii) Any employee who knowingly requires or allows an employee to violate an out-of-service order is subject to a penalty of two thousand five hundred dollars ($2,500). ADD}
SECTION 2. This act shall take effect upon passage.
