2013 -- H 5047

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LC00045

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Representatives Corvese, Edwards, Azzinaro, Malik, and Palangio

     Date Introduced: January 10, 2013

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-10-6 of the General Laws in Chapter 31-10 entitled "Operators'

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

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     31-10-6. Graduated licensing for person under the age of eighteen (18). -- (a)

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Purpose. - To ensure that license holders have sufficient training and experience and to promote

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safe, responsible driving, persons under the age of eighteen (18) shall be granted driving

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privileges on a limited basis as follows:

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      (1) Level 1 -- Limited instruction permit.

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      (2) Level 2 -- Limited provisional license.

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      (3) Level 3 -- Full operator's license.

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      (b) Requirements and privileges. - A permit or license issued pursuant to this section

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must have a color background or border that indicates the level of driving privileges granted by

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the permit or license.

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      (1) Limited instruction permit. - Any person who is at least sixteen (16) years of age but

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less than eighteen (18) years of age may apply to the division of motor vehicles for a limited

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instruction permit. The division of motor vehicles may, after the applicant has successfully

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completed a course of driver training prescribed in section 31-10-19 and passed a standardized

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written examination approved by the administrator of the division of motor vehicles or otherwise

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complied with the requirements of section 31-10-21, issue to the applicant a limited instruction

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permit which shall entitle the applicant to drive a motor vehicle only under the following

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conditions:

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      (i) The permit holder must be in possession of the permit;

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      (ii) A supervising driver must be seated beside the permit holder in he front seat of the

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vehicle when it is in motion;

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      (iii) No person other than the supervising driver can be in the front seat;

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      (iv) Every person occupying the vehicle being driven by the permit holder must have a

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safety belt properly fastened about his or her body, or be restrained by a child passenger restraint

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system as provided in section 31-22-22 when the vehicle is in motion;

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      (v) The permittee shall wear a safety belt at all times unless the permittee provides the

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division of motor vehicles with a statement from a physician indicating that for medical reasons

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the permittee cannot wear a safety belt. A limited instruction permit shall be valid for a period of

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one year, and may be extended for a reasonable period of time if the holder of the permit provides

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the division of motor vehicles with evidence of a hardship. Any person who is at least sixteen

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(16) years of age and is enrolled in a commercial drivers' school or in a regularly recognized

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secondary school or college driver training program which is approved by the division of motor

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vehicles shall not be required to have a limited instruction permit while operating a dual-control

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training vehicle regularly used by that school in its driver training program and while a regular

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instructor in that school or program is occupying the seat beside that person.

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      (2) Limited provisional license. - A person may obtain a limited provisional license if the

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person meets all of the following requirements:

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      (i) (A) Has held a limited instruction permit issued by the division of motor vehicles for

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at least six (6) months;

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      (B) Has not been convicted of a motor vehicle moving violation or seat belt infraction

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during the preceding six (6) months;

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      (C) Passes a road test administered by the division of motor vehicles and shall also meet

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the requirements of subsection (iii) herein.

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      (ii) A limited provisional license authorizes the license holder to drive a motor vehicle

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only under the following conditions:

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      (A) The license holder must be in possession of the license.

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      (B) The license holder may drive without supervision in any of the following

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circumstances:

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      (I) From 5:00 a.m. to 1:00 a.m.;

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      (II) When driving to or from work;

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      (III) When driving to or from an activity of a volunteer fire department, volunteer rescue

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squad or volunteer emergency medical service, if the driver is a member of one of these

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organizations.

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      (C) The license holder may drive with supervision at any time. When the license holder

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is driving with supervision, the supervising driver must be seated beside the license holder in the

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front seat of the vehicle when it is in motion.

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      (D) Every person occupying the vehicle being driven by the license holder must have a

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safety belt properly fastened about his or her body, or be restrained by a child safety passenger

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restraint system as provided in section 31-22-22 when the vehicle is in motion.

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      (iii) In addition to meeting the requirements of paragraph (i) of this subdivision, a person

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under the age of eighteen (18) years seeking to obtain a provisional license shall present with his

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or her application a statement signed by the person's parent or guardian stating that the applicant

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has obtained a minimum of fifty (50) hours of experience with ten (10) of those at night as a

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driver while driving with a supervising driver. These fifty (50) hours may include driving lessons

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with a commercial driving school or any other supervised driving.

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      (iv) During the first twelve (12) months of a limited provisional license no more than one

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passenger younger than twenty-one (21) years of age is allowed in the vehicle. Immediate

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family/household members are excepted from this subsection.

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      (3) Full operator's license. - (i) A person who is at least seventeen (17) years old but less

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than eighteen (18) years old may apply for and obtain a full operator's license if the person meets

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all of the following requirements:

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      (i) (A) Has held a limited provisional license issued by the division of motor vehicles for

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at least twelve (12) months;

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      (B) Has not been convicted of a motor vehicle moving violation or seat belt infraction

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during the preceding six (6) months.

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      (ii) A person who meets the requirements of this section may obtain a full operator's

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license by mail. The restrictions on Level 1 and Level 2 drivers concerning time of driving,

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supervision and passenger limitations do not apply to a full operator's license.

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     (C) Notwithstanding any provision of the general or public laws to the contrary, no

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person shall be eligible for a Rhode Island driver’s license, unless such person shall have

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completed a minimum of six (6) hours of over-the-road driver’s training from a licensed driver’s

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training school in this state. This provision shall not apply to persons who seek to obtain a Rhode

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Island driver’s license and who have a current driver’s license from another state.

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     SECTION 2. This act shall take effect upon passage.

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LC00045

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

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     This act would require persons seeking a Rhode Island driver’s license to complete a

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minimum of six (6) hours of over-the-road driver’s training from a licensed drivers training

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school within this state.

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     This act would take effect upon passage.

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LC00045

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