Introduced By: Reps. McNamara, Garvey, Caruolo and Reilly
Date Introduced : January 22, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Sections 31-10-6, 31-10-7, 31-10-14, 31-10-19 and 31-10-20 of the General Laws in Chapter 31-10 entitled "Operators' and Chauffeurs' Licenses" are hereby amended to read as follows:
31-10-6. {DEL Instruction permits -- School
training programs DEL}{ADD Graduated licensing for
person under the age of eighteen (18). -- ADD} {ADD (a) Purpose.
To ensure that license holders have sufficient training and experience
and to promote safe, responsible driving, persons under the age
of eighteen (18) shall be granted driving privileges on a limited
basis as follows: ADD}
{ADD (1) Level 1 -- Limited instruction permit. ADD}
{ADD (2) Level 2 -- Limited provisional license. ADD}
{ADD (3) Level 3 -- Full operator's license. ADD}
{ADD A permit or license issued pursuant to this section must have a color background or border that indicates the level of driving privileges granted by the permit or license. ADD}
{ADD (1) Limited instruction permit. ADD} Any person who is at least
sixteen (16) years of age {ADD but less than eighteen (18) years
of age ADD} may apply to the registry for {DEL an DEL} {ADD a
limited ADD} instruction permit. The registry may, after the applicant
has successfully {DEL passed all parts of the examination other
than the driving test DEL}, {ADD completed a course of driver
training prescribed in 31-10-19 and passed a standardized written
examination approved by the registrar of motor vehicles or otherwise
complied with the requirements of 31-10-21, ADD} issue to the applicant
{DEL an DEL} {ADD a limited ADD}instruction permit which
shall entitle the applicant {DEL while having the permit in
his or her immediate possession to drive a motor vehicle upon
the public highways for a period of not less than ninety (90)
days and not more than one hundred eighty (180) days, when accompanied
by a licensed operator or chauffeur who has held a license to
operate motor vehicles for at least five (5) years, or who is
a driving instructor of a licensed driver training school, and
who, except in the event the permittee is operating a motorcycle,
is occupying the seat beside the permittee and at all times is
in control of the operation of the motor vehicle. DEL} {ADD to
drive a motor vehicle only under the following conditions: ADD}
{ADD (a) The permit holder must be in possession of the permit. ADD}
{ADD (b) A supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion. ADD}
{ADD (c) No person other than the supervising driver can be in the front seat. ADD}
{ADD (d) Every person occupying the vehicle being driven by the permit holder must have a safety belt properly fastened about his or her body, or be restrained by a child passenger restraint system as provided in 31-22-22 when the vehicle is in motion. ADD}
{DEL The permittee shall wear a safety belt at all times unless
the permittee provides the registry with a statement from a physician
indicating that for medical reasons the permittee cannot wear
a safety belt. An instruction permit may not be extended or renewed
except, if the holder of a permit provides the registry with evidence
of a hardship. A permit may be extended for a reasonable period
of time upon proof of a hardship. Any person who is at least sixteen
(16) years of age and is enrolled in a commercial drivers' school
or in a regularly recognized secondary school or college driver
training program which is approved by the registry shall not be
required to have an instruction permit while operating a dual
control training vehicle regularly used by that school in its
driver training program and while a regular instructor in that
school or program is occupying the seat beside that person. DEL}
{ADD (e) The permittee shall wear a safety belt at all times unless the permittee provides the registry with a statement from a physician indicating that for medical reasons the permittee cannot wear a safety belt. A limited instruction permit shall be valid for a period of one (1) year, and may be extended for a reasonable period of time if the holder of the permit provides the registry with evidence of a hardship. Any person who is at least sixteen (16) years of age and is enrolled in a commercial drivers' school or in a regularly recognized secondary school or college driver training program which is approved by the registry shall not be required to have a limited instruction permit while operating a dual control training vehicle regularly used by that school in its driver training program and while a regular instructor in that school or program is occupying the seat beside that person. ADD}
{ADD (2) Limited provisional license. A person may obtain a limited provisional license if the person meets all of the following requirements: ADD}
{ADD (a) has held a limited instruction permit issued by the registry for at least six (6) months; ADD}
{ADD (b) has not been convicted of a motor vehicle moving violation or seat belt infraction during the preceding six (6) months; ADD}
{ADD (c) passes a road test administered by the registry. ADD}
{ADD A limited provisional license authorizes the license holder to drive a motor vehicle only under the following conditions: ADD}
{ADD (i) The license holder must be in possession of the license. ADD}
{ADD (ii) The license holder may drive without supervision in any of the following circumstances: ADD}
{ADD (a) from 5:00a.m. to 1:00 a.m.; ADD}
{ADD (b) when driving to or from work; ADD}
{ADD (c) when driving to or from an activity of a volunteer fire department, volunteer rescue squad or volunteer emergency medical service, if the driver is a member of such organization ADD}.
{ADD (iii) The license holder may drive with supervision at any time. When the license holder is driving with supervision, the supervising driver must be seated beside the license holder in the front seat of the vehicle when it is in motion. The supervising driver need not be the only other occupant in the front seat, but must be the person seated next to the license holder. ADD}
{ADD (iv) Every person occupying the vehicle being driven by the license holder must have a safety belt properly fastened about his or her body, or be restrained by a child safety passenger restraint system as provided in 31-22-22 when the vehicle is in motion. ADD}
{ADD (3) Full operator's license. A person who is at least seventeen (17) years old but less than eighteen (18) years old may apply for and obtain a full operator's license if the person meets all of the following requirements: ADD}
{ADD (1) has held a limited provisional license issued by the registry for at least twelve (12) months; ADD}
{ADD (2) has not been convicted of a motor vehicle moving violation or seat belt infraction during the preceding six (6) months. ADD}
{ADD A person who meets the above requirements may obtain a full operator's license by mail. The restrictions on Level 1 and Level 2 drivers concerning time of driving, supervision and passenger limitations do not apply to a full operator's license. ADD}
31-10-7. {DEL Temporary driver's permit DEL} {ADDTemporary driver's permit -- Persons over the age of eighteen
(18). -- ADD} The registry may in its discretion issue a temporary
driver's permit to an applicant for {DEL an DEL} {ADD a full ADD}
operator's license {DEL permitting DEL} {ADD who has attained
the age of eighteen (18). A temporary driver's permit shall permit ADD}
the applicant to operate a motor vehicle while the registry is
completing its investigation and determination of all facts relative
to the applicant's right to receive {DEL an DEL} {ADD a full ADD}
operator's license. The temporary driver's permit must be in the
applicant's immediate possession while operating a motor vehicle,
and it shall be invalid when the applicant's license has been
issued or for good cause has been refused.
31-10-14. Applications of minors. -- The application
of any person under the age of eighteen (18) years for {DEL an DEL}
{ADD a limited ADD} instruction permit or {ADD a limited provisional
license or a full ADD}operator's license shall be signed and verified,
before a person authorized to administer oaths, by {ADD one or more
of the following individuals: ADD} the father, mother, guardian,
adult husband or wife, or licensed foster parent, {ADD who is a
resident of this state and qualified to be a supervising driver
pursuant to 31-10-6.1 ADD} or in the event there is no parent,
guardian, or licensed foster parent, {ADD who meets these requirements, ADD}
then by another responsible adult who is willing to assume the
obligation imposed under sections 31-10-1 -- 31-10-33, inclusive,
upon a person signing the application of a minor.
31-10-19. Driver education -- Traffic safety education.
-- (a) The department of elementary and secondary education
shall provide thirty-three (33) hours of classroom instruction
for applicants or prospective applicants, not more than eighteen
(18) years of age for a {DEL first operator's DEL} {ADD limited
instruction permit or ADD} license, which instruction shall include
eight (8) hours, specifically for instruction on the effects of
alcohol and drugs on a driver, and the instruction shall be given
by a person eligible for a teacher's certificate issued under
the authority of the state board of regents and which course of
instruction shall be approved by the commissioner of elementary
and secondary education. The department of education shall ensure
that each person properly certified and approved to instruct driver
education courses shall be given an equal opportunity for employment
as an instructor within the driver education program. No person
teaching driver education under this section shall own, be employed
by, or be associated with a commercial driving school.
(b) Driver education instruction shall be available to any eligible resident applicant not less than fifteen (15) years and ten (10) months of age.
(c) That the state shall also provide a separate program of instruction, as set forth above, for special needs students whose individual education plan (IEP) indicates a need for a separate program of instruction.
(d) The community college of Rhode Island shall provide a driver training program for physically handicapped drivers. The program shall instruct the physically handicapped driver in the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by the handicapped individual. A physically handicapped person must be certified by a licensed physician that he or she is physically handicapped and possesses sufficient potential to become a competent motor vehicle operator. The community college of Rhode Island shall establish a tuition fee sufficient to cover the cost of the program.
(e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in accordance with rules and regulations of the commissioner of elementary and secondary education; provided, however, that personal checks shall be an acceptable method of payment of the tuition or enrollment fee. The tuition or enrollment fee shall be deposited as general revenues.
(f) The commissioner of elementary and secondary education is hereby authorized to establish administrative regulations to further implement this section.
31-10-20. Driver education course required before licensing.
-- No {DEL operator's original DEL} {ADD limited
instruction permit or ADD} license shall be issued to any person
not more than eighteen (18) years of age unless that person shall
have successfully completed a course of instruction as provided
in section 31-10-19, or a similar course of instruction recognized
by the state board of education as equivalent thereto; provided,
however, that any person who {ADD is over eighteen (18) years of
age and ADD} has been a holder of a motor vehicle operator's license
issued to that person by any other state, territory, or possession
of the United States or any other sovereignty for a period of
one year immediately prior to his or her application for a license
under this chapter shall not be required to comply with the provisions
of this section.
SECTION 2. Chapter 31-10 of the General Laws entitled "Operators' and Chauffeurs' Licenses" is hereby amended by adding thereto the following sections:
{ADD 31-10-6.1. Supervising Driver. -- ADD} {ADD A supervising driver must be the parent, guardian, licensed foster parent or adult or a certified driver education instructor. A supervising driver must be a licensed driver who has been licensed to drive for five (5) years. ADD}
{ADD 31-10-6.2. Out-of-state Exceptions. -- ADD} {ADD A nonresident who is at least seventeen (17) years old but less than eighteen (18) years old, who has an unrestricted drivers license issued by that state, and who becomes a resident of this state may apply for and obtain within thirty (30) days of establishing one of the following: ADD}
{ADD (1) a temporary permit, if the person has not completed a drivers education course that meets the requirements of the department of education but is currently enrolled in a drivers education course that meets these requirements. A temporary permit is valid for the period specified in the permit and authorizes the holder of the permit to drive a specified type or class of motor vehicle when in possession of the permit, subject to any restrictions imposed by the registry concerning time of driving, supervision and passenger limitations. The period must end within ten (10) days after the expected completion date of the drivers education course in which the applicant is enrolled. ADD}
{ADD (2) A full operator's license, if the person has completed a drivers education course that meets the requirements of the department of education, has held the license issued by the other state for at least twelve (12) months, and has not been convicted during the preceding six (6) months of a motor vehicle moving violation, a seat belt infraction or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this state. ADD}
{ADD (3) A limited provisional license, if the person has completed a drivers education course that meets the requirements of the department of education but either did not hold the license issued by the other state for at least twelve (12) months or was convicted during the preceding six (6) months of a motor vehicle moving violation, a seat belt infraction or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this state. ADD}
{ADD 31-10-6.3. Duration and Fee. -- ADD} {ADD A limited instruction permit expires on the eighteenth (18th) birthday of the permit holder. A limited provisional license expires on the eighteenth (18th) birthday of the permit holder. A full operator's license shall be issued and expires on the date pursuant to section 31-10-30. The fee for a limited instruction permit or a limited provisional license is ten dollars ($10). The fee for a full operator's license is the amount prescribed in section 31-10-31. ADD}
{ADD 31-10-6.4. Violations. -- ADD} {ADD It is unlawful for the holder of a limited learner's permit, a temporary permit or a limited provisional license to drive a motor vehicle in violation of the restrictions that apply to such permit or license. Failure to comply with a restriction concerning time of driving or the presence of a supervising driver in the vehicle constitutes operating a motor vehicle without a license. Failure to comply with any other restriction, including seating and passenger limitations, is an infraction punishable by a monetary fine of thirty dollars ($30.00) for the first offense, sixty dollars ($60.00) for the second offense, and one hundred dollars ($100.00) for a third or any subsequent offenses. ADD}
{ADD 31-10-6.5. Insurance Status. -- ADD} {ADD The holder of a limited instruction permit is not considered a licensed driver for purposes of determining the inexperience operator premium surcharge pursuant to automobile insurance policies. ADD}
SECTION 3. Sections 31-10.1-1 and 31-10.1-2 of the General Laws in Chapter 31-10.1 entitled "Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" are hereby amended to read as follows:
31-10.1-1. License required. -- No resident of this state, except those hereinafter expressly exempted, shall drive any motorcycle, motor scooter, or motor driven cycle upon a highway in this state, unless the person shall first obtain a special license as an operator under the provisions of this chapter. No person shall be licensed hereunder unless he or she shall be at least sixteen (16) years of age or unless the person shall have been previously {ADD issued a full operator's license and a motorcycle learner's permit or is already ADD} licensed under a prior act of this state, and provided that any person under the age of eighteen (18) duly licensed under the prior act shall be eligible to have his or her license renewed in the same manner as persons over the age of eighteen (18). All licenses issued pursuant hereto, shall reflect any requirement of the operator to wear a helmet pursuant to section 31-10.1-4.
31-10.1-2. Learner's permit. -- {ADD (a) ADD} Upon application for a first license to drive a motorcycle and after successfully completing a motorcycle driver education program pursuant to section 31-10.1-1.1 {ADD and after satisfying the requirements of section 31-10.1-3 ADD}, the registrar may issue a {ADD motorcycle ADD} learner's permit to take instruction in the operation of a motorcycle which entitles the holder thereof to operate or drive a motorcycle on the public highway, other than limited access highway, as a learner, under the general supervision, and whether or not under the immediate control, of a licensed motorcycle operator, at least eighteen (18) years of age. A person who has been issued a learner's permit may not carry passengers other than the supervising driver on the motorcycle until the person has been licensed to operate a motorcycle.
{ADD (b) The following persons are eligible for a motorcycle learner's permit: ADD}
{ADD (1) a person who is at least sixteen (16) years old but less than eighteen (18) years old and has a limited provisional license or a full operator's license issued by the registry. ADD}
{ADD (2) a person who is at least eighteen (18) years old and has a license issued by the registry. ADD}
{ADD (c) The holder of a motorcycle learner's permit who has a limited provisional license may drive the motorcycle only at times when the license holder could drive a motor vehicle without supervision pursuant to section 31-10-14. ADD}
{ADD (d) A motorcycle learner's permit expires eighteen (18) months after it is issued. ADD}
SECTION 4. This act shall take effect on January 1, 1999 and shall apply to all persons who attain the age of sixteen (16) years on or after that date.
