Introduced By: Senators Cicilline, Perry, Izzo, Walton and Roney
Date Introduced : February 5, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-10-3 and 31-10-44 of the General Laws in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" are hereby amended to read as follows:
31-10-3. Persons ineligible for licenses. -- {ADD(a)ADD}The registry shall not issue any license hereunder:
(1) To any person, as an operator, who is under the age of sixteen (16) years;
(2) To any person, as a chauffeur, who is under the age of eighteen (18) years;
(3) To any person, as an operator or chauffeur, whose license has been suspended, during that suspension, nor to any person whose license has been revoked, except as provided in section 31-11-10;
(4) To any person, as an operator or chauffeur, who is an habitual
drunkard {DEL , DEL} or {DEL is an DEL}habitual
user of {DEL narcotic DEL} drugs {DEL , or is an habitual
user of any other drug to a degree which renders that person DEL}
{ADD to such an extent that he or she is ADD} incapable of safely
driving a motor vehicle;
{DEL (5) To any person, as an operator or chauffeur, who has
previously been adjudged to be afflicted with or suffering from
any mental disability or disease and who has not at the time of
application been restored to competency by the methods provided
by law; DEL}
(6) To any person, as an operator or chauffeur, who is required by this chapter to take an examination unless that person shall have successfully passed that examination;
(7) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited that proof;
(8) To any person when the registrar has good cause {ADD based on
clear and convincing evidence ADD} to believe that{DELthatDEL} {ADD such ADD}
person {ADD does not meet a standard of physical or mental fitness
for motor vehicle licensure established pursuant to R.I.G.L. section
31-10-44 (b) and that such person's ADD} {DEL by reason
ofDEL} physical or mental {DEL disability would not be DEL}
{ADD condition prevents him or her from being ADD} able to operate
a motor vehicle with safety upon the highway;
(9) To any person when the registrar has good cause to believe
that the operation of a motor vehicle on the highways by that
person would {DEL be inimical to public safety or welfare DEL}
{ADD pose an imminent safety risk to the general public as determined
by objectively ascertainable standards ADD};
(10) To any person who is subject to an order issued pursuant to section 14-1-67.
{ADD (b) The registry shall notify in writing any person whose application for a license has been denied pursuant to subsection (a). 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 the provisions of RIGL section 31-11-7 (d) - (f). When physical or mental fitness is the basis for the denial, the notice shall reference the specific functional standard promulgated pursuant to R.I.G.L. section 31-10-44 (b), which was relied upon by the registry. Upon his or her request the registry 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. ADD}
{ADD (c) The hearing procedures afforded the applicant shall conform to the provisions of R.I.G.L. section 31-11-7 (d) - (f). ADD}
31-10-44. Medical advisory board. -- (a) There shall
be established within the registry a medical advisory board to
function {ADD solely ADD} as {DEL a reviewing and DEL} {ADD an ADD}
advisory panel to the registrar of motor vehicles on the subject {ADD s ADD}
of physical {ADD and mental fitness ADD}standards for {ADD licensure
to operate a motor vehicle and eligibility standards for handicapped
parking privileges ADD} {DEL operators DEL}. When any {ADD person's
eligibility or continuing eligibility ADD} {DEL licensee's application DEL}
for a license is questioned on the grounds of physical {ADD or mental ADD}
fitness, the {ADD registrar may consult with relevant specialist
members of the ADD} medical {ADD advisory ADD} board {DEL shall
assist the registrar DEL} in determining that {ADD person's ADD}
{DEL licensee's DEL} qualifications to operate a motor
vehicle.
{ADD The registrar may also consult with relevant specialist members of the medical advisory board in making determinations of eligibility for handicapped parking privileges. ADD}
{ADD (b) In accordance with chapter 35 of title 42, on or before
February 1, 1999, the registrar shall ADD} {DEL The board may DEL}
establish {DEL such rules and DEL} {ADD by ADD} regulations
{DEL as it deems necessary for the determination of DEL}
{ADD functional ADD} standards {ADD for determining ADD} {DEL relative
to the issuance or denial of licenses on the grounds of DEL}
physical and mental fitness {ADD for motor vehicle licensure.
The promulgated standards will be based on current medical knowledge
and objective data regarding fitness to safely operate motor vehicles,
and will conform to the requirements of the Americans With Disabilities
Acts and chapter 87 of title 42. In developing those functional
standards the registrar shall consult with knowledgeable health
and rehabilitation professionals including the Medical Society
of Rhode Island and the medical advisory board. ADD} {DEL , including implementation of a hearing
procedure. DEL}
{DEL (c) Whenever the medical advisory board denies or suspends
a license on grounds of physical or mental fitness or denies handicapped
parking privileges, it shall: DEL}
{DEL (1) Give in writing specific reasons for the denial or
suspension; DEL}
{DEL (2) Communicate the decision within ten (10) days to the
operator; DEL}
{DEL (3) Provide that at no time shall the burden of proof
be placed upon the operator as to physical or mental fitness and
evidence of physical or mental unfitness shall by clear and convincing
evidence. DEL}
{DEL (d) The board shall establish an annual review procedure
in conjunction with the registrar of motor vehicles for the issuance
of parking privilege registration plates commencing March 1, 1981.
Furthermore, the board shall advise the appropriate law enforcement
agencies and departments in the several towns and cities on the
enforcement policy applicable to parking privilege plates. DEL}
(e) The medical board shall consist of a physician in general practice, a neurologist, a psychiatrist, an optometrist, and an orthopedic physician who shall be appointed by the governor, and a physician from the Rhode Island department of health designated by the director of health who shall serve ex officio, and two (2) members of the general public approved by the governor, one of whom shall be representative of the elderly, and one of whom shall be representative of the handicapped or disabled. These members shall be appointed for a period of three (3) years.
(f) Any physician or optometrist who diagnoses a physical or mental condition which in the physician's or optometrist's judgment will significantly impair the person's ability to operate safely a motor vehicle may voluntarily report the person's name and other information relevant to the condition to the medical advisory board within the registry of motor vehicles.
(g) Any physician or optometrist reporting in good faith and exercising due care shall have immunity from any liability, civil or criminal, that otherwise might result by reason of his or her actions pursuant to this section. No cause of action may be brought against any physician or optometrist for not making a report pursuant to this section.
(h) For the purposes of this section, a "physician" shall be any person practicing medicine requiring a license pursuant to chapter 37 of title 5, and an "optometrist" is any person as defined in section 5-35-1.
(i) Members of the medical board shall receive, as compensation for their services thereon, fifty dollars ($50.00) per meeting, except for the ex officio members; provided, however, that no member shall receive more than seven hundred dollars ($700) per annum pursuant to this section. They shall meet at the request of the registrar at a time convenient to them.
SECTION 2. Section 31-10-25 of the General Laws in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" is hereby repealed.
{DEL 31-10-25. Refusal of improper applicants. -- DE>}{DEL
The registry may refuse to grant a license to any applicant whom,
for any reason, it considers an improper or unsafe person. DEL}
SECTION 3. Section 31-10.3-15 of the General Laws in Chapter 31-10.3 entitled "Rhode Island Uniform Commercial Driver's License Act" is hereby amended to read as follows:
31-10.3-15. Persons not eligible for licensing. -- {ADD (a) ADD} The department shall not issue any license hereunder:
(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, or revoked or otherwise withdrawn during suspension, cancellation, revocation, or withdrawal and not until such person has complied with all requirements for reinstatement.
(3) To any person who is an habitual drunkard, or is addicted to controlled substances.
{DEL (4) To any person who has previously been adjudged to
be afflicted with or suffering from any mental disability or disease
and who has not at the time of application been restored to competency
by the methods provided by law. DEL}
(5) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination.
(6) To any person when the administrator has good cause {ADD based
on clear and convincing evidence ADD} to believe that such person
{ADD does not meet a standard of physical or mental fitness for
motor vehicle licensure established pursuant to R.I.G.L. section
31-10-44 (b); and that such person's ADD} {DEL by reason of DEL}
physical or mental {ADD condition prevents him or her from being ADD}
{DEL disabilities would not be DEL} able to operate a motor
vehicle with safety upon the highways; provided, however, that
an insulin dependent person shall not automatically be denied
a license. Each case shall be decided individually and a certification
by a physician that the person is medically able to safely operate
a motor vehicle shall be conclusive and a license shall be issued.
(7) 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 such proof.
(8) 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 such person is likely to {ADD pose an imminent safety
risk to the general ADD} {DEL be inimical to DEL} public
{DEL safety or welfare DEL} by reason of such 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 such license is necessary in order to protect
public safety {DEL and welfare DEL}, 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 such declination.
{ADD (b) The department shall notify in writing any person whose application for a license has been denied pursuant to subsection (a). 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 RIGL section 31-11-7 (d) - (f). When physical or mental fitness is the basis for the denial, the notice shall reference the specific functional standard promulgated pursuant to R.I.G.L. 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. ADD}
{ADD (c) The hearing procedures afforded the applicant shall conform to the provisions of R.I.G.L. section 31-11-7 (d) - (f). ADD}
SECTION 4. Sections 31-11-7 and 31-11-10 of the General Laws in Chapter 31-11 entitled "Suspension or Revocation of Licenses -- Violations" are hereby amended to read as follows:
31-11-7. Authority of registry to suspend license. -- (a) The registry is hereby authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(1) Has {ADD been adjudicated by a court of competent jurisdiction to have: (i) ADD} committed an offense for which mandatory revocation or suspension of license is required upon conviction or adjudication;
{DEL (2) Has been involved as a driver in any accident resulting
in the death or personal injury of another; DEL}
{DEL (3) Has been adjudicated to have DEL} {ADD (ii) ADD}
committed with such frequency of offenses against traffic regulations
governing the movement of vehicles as to indicate a disrespect
for traffic laws and a disregard for the safety of other persons
on the highways;
{DEL (4) Has been adjudicated by a judge to have DEL} {ADD (iii) ADD}
been a reckless or negligent driver of a motor vehicle;
{DEL (5) Is incompetent by reason of physical or mental disability
to drive a motor vehicle with safety upon the highways; DEL}
{DEL (6) Has DEL} {ADD (iv) ADD} permitted an unlawful or
fraudulent use of such license;
{DEL (7) Has DEL} {ADD (v) ADD} committed an offense in another
state which if committed in this state would be grounds for suspension
or revocation {DEL , DEL} {ADD ; ADD} {DEL or DEL}
{DEL (8) Has been adjudicated to have DEL} {ADD (vi) ADD}
committed any offense enumerated in section 31-9-1 {DEL . DEL}
{ADD ; ADD}
{DEL (9) DEL} {ADD (2) ADD} Is the subject of an order issued
pursuant to section 14-1-67 {DEL . DEL} {ADD ; or ADD}
{ADD (3) Poses an imminent safety risk to the general public as determined by the application of objectively ascertainable standards. ADD}
Except for subsection (a) {DEL (9) DEL} {ADD (2) ADD}, the suspension
shall be for such length of time, not exceeding one year, as the
registry shall determine is necessary in order to protect public
safety {DEL and welfare DEL} based upon its findings of
the circumstances under which the offense was committed, the likelihood
of recurrence, and the deterrent effect that might reasonably
be expected to result from the hardship a suspension or prospective
suspension would entail. Any license suspended pursuant to subsection
(a) {DEL (9) DEL} {ADD (2) ADD} shall be for such length of
time as is set forth in the court order.
(b) Upon suspending the license of any person as {DEL hereinbefore
in this section DEL} authorized {DEL , DEL} {ADD by
subsection (a) ADD}the registry shall immediately notify the licensee
in writing {DEL , DEL} {ADD of the factual and legal basis
for the suspension, the procedure for requesting a hearing,
and the rights afforded the individual pursuant to subsections
(d) - (f). When physical or mental fitness is the basis for the
suspension determination, the notice shall reference the specific
functional standard promulgated pursuant to R.I.G.L. section 31-10-44
(b), which was relied upon by the registry. ADD} {DEL and uponDEL}{ADDUpon ADD}
his or her request {ADD the registry ADD} shall afford {DEL him DEL}
{ADD the licensee ADD} an opportunity for a hearing as early as practical
{DEL within not to exceed DEL} {ADD and no later than ADD}
twenty (20) days after receipt of the request.
{ADD (c) Except as authorized in subsection (a), whenever the registry proposes to suspend the license of any person, the registry shall afford a hearing to the licensee prior to suspending the person's license. When a licensee requests a hearing, no action to suspend his or her license shall be taken until a hearing decision has been rendered in accordance with subsections (d) - (f). The registry shall notify the licensee in writing of the factual and legal basis for the proposed suspension, the procedure for requesting a hearing, and the rights afforded the individual pursuant to subsections (d) - (f). When physical or mental fitness is the basis for the suspension recommendation, the notice shall reference the specific functional standard promulgated pursuant to section 31-10-44(b), which was relied upon by the registry. ADD}
{ADD (d) The registry shall ensure that the hearing procedures afforded pursuant to subsection (b) and (c) provide for: (i) an in person hearing before an impartial decision-maker; (ii) the opportunity to compel the production of documents and witnesses, including members of the registry's Medical Advisory Board; (iii) the opportunity to confront and cross-examine witnesses; (iv) access to all of the evidence upon which the registry relied in making its determination to suspend; and (v) the right to present any and all relevant evidence including the right to obtain and present the results of a recently administered road test. During any such hearing, the registry shall bear the burden of proof as to the existence of the grounds for the suspension. The registry shall further ensure that during a hearing to determine the physical or mental fitness of a licensee, proof of the lack of physical or mental fitness shall be by clear and convincing evidence. The presumption of inability to operate a motor vehicle with safety established by the functional standards promulgated pursuant to section 31-10-44(b), shall be rebuttable by evidence that notwithstanding an individual's functional limitation, he or she is able to safely operate a motor vehicle. ADD}
{ADD (e) For the purpose of ADD} {DEL Upon DEL} the hearing
{ADD procedures described in subsection (d), ADD}the registrar or
his or her duly authorized agent may administer oaths and may
issue subpoenas for the attendance of witnesses and the production
of relevant books and papers and may require a reexamination of
the licensee.
{ADD (f) ADD} {DEL Upon DEL} {ADD After ADD} the hearing {ADD conducted
pursuant to subsection (d) ADD} the registry shall {ADD issue a written
decision based solely on the evidence adduced at the hearing and containing
the legal and factual basis for the determination. The registry
may ADD} either rescind its order of suspension {ADD , determine suspension
is not warranted, ADD} or {DEL , good cause appearing therefor, DEL}
may continue, modify, or extend the suspension of the license
or revoke the license.
31-11-10. Reinstatement after revocation or suspension.
-- {ADD (a) ADD} Any person whose license or privilege to
drive a motor vehicle on the public highways has been revoked
or suspended shall not be entitled to have a license or privilege
renewed or restored unless the revocation or suspension was for
a cause which has been removed, except that after the expiration
of the term of the revocation or suspension he or she may apply
to be restored to his or her right to drive, but the registry
shall not grant the application unless and until it is satisfied
after investigation of the {DEL character, habits, and DEL}
driving ability of the person that it will be safe to license
him or her to drive a motor vehicle on the public highways and
it has received a reinstatement fee of seventy-five dollars ($75.00);
except the reinstatement fee and assessment fee shall not be required
by any person whose license was suspended {ADD on the basis of physical
or mental fitness ADD} {DEL under section 31-10-44 DEL}
and who has later been declared competent to operate a motor vehicle.
{ADD(b) Any person whose license has been suspended on the basis of physical or mental fitness shall have the right to request review at any time of the suspension determination in accordance with the hearing procedures of section 31-11-7(d) - (f).ADD}
SECTION 4. This act shall take effect upon passage.
