2013 -- S 1013

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LC02768

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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 - MISCELLANEOUS RULES

     Introduced By: Senator Elizabeth A. Crowley

     Date Introduced: June 20, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-22-11.6 of the General Laws in Chapter 31-22 entitled

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"Miscellaneous Rules" is hereby amended to read as follows:

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     31-22-11.6. Child care vehicles and school extra-curricular vehicles. -- (a) (1)

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Pursuant to section 31-22-10, the division of motor vehicles is authorized to promulgate rules and

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regulations concerning the type, construction, and equipment of motor vehicles used for the

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transportation of children to and from child care facilities and to and from school sponsored

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activities including athletics and extra-curricular activities.

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      (2) (i) For the purposes of this section, "school bus", as referred to in section 31-1-3(v),

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is defined as a vehicle which is used to carry children to or from school on school bound routes at

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the outset of the children's school day and/or on home bound routes at the end of the children's

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school day. For these routes, a school bus or a pupil transportation vehicle as set forth in sections

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31-22.1-1 and 31-22.1-2 must be used regardless of the number of students being transported.

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      (ii) For purposes of this section, "school extra-curricular vehicles" is defined as vehicles

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designed to transport fewer than fifteen (15) students to and from school sponsored activities

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including athletics, internships, work experiences, and extra-curricular activities where school

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buses are not used because of the small number of students being transported.

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      (iii) For the purpose of this section, "child care vehicle" is defined as a motor vehicle

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owned or leased by a licensed child day care center agency as defined in subdivisions 42-72.1-

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2(6) and 42-72.1-2(11), that does not exceed fifteen (15) passengers and is being used to transport

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children from schools to child care facilities and/or from child care facilities to schools or other

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activities of the child day care center. Two (2) door sedans shall not be considered child care

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vehicles or school extra-curricular vehicles.

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     (iv) For the purposes of this section, a "Family child care home vehicle" is defined as a

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motor vehicle owned or leased by a family day care home provider as defined in subdivision 42-

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72.1-2(10) or an assistant to that licensed provider, that does not exceed fifteen (15) passengers

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and is used to transport children from schools to the family child care home and/or from the child

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care home to schools or to other activities of the child care home.

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      (b) The division of motor vehicles shall have the authority to suspend the registration of

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any vehicle used for child care transportation or school extra-curricular transportation that does

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not meet the following requirements:

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      (1) Seating. - Adequate seating space for all passengers shall be provided. The maximum

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seating capacity of a child care vehicle and school extra-curricular vehicle shall be fifteen (15)

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persons, including the driver. No standing shall be permitted while the vehicle is in operation.

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      (2) Safety belts. - Safety belts shall be required for all passengers riding in the child care

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vehicle and school extra-curricular vehicle.

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      (3) Vehicle registration. - All child care vehicles and school extra-curricular vehicles

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shall be registered as public vehicles.

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      (4) Vehicle inspection. - All child care vehicles and school extra-curricular vehicles shall

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be inspected for excessive emissions and/or safety items according to a staggered appointment

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schedule as determined by the director of revenue, or his or her designee, and from time to time

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thereafter as may be required, and the vehicle owner shall display upon the vehicle the certificate

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of inspection and approval issued to the vehicle until the certificate shall expire.

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      (5) Inspector's rejection notice. - The director of revenue, or his or her designee, may

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affix a notice of rejection to any vehicle that fails to pass the required inspection requirements.

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The rejection notice shall not be destroyed or removed from the vehicle until the vehicle has

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passed the inspection requirements, or its removal has been authorized by the director of revenue

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or his or her designee.

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      (6) (i) Vehicle identification. - Any and all child care vehicles and school extra-

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curricular vehicles must have the name of the child care organization conspicuously placed on the

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side of the vehicle. The identification shall be required to possess two inch (2") letters, and be

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permanently affixed on the side of the vehicle. Family child care home vehicles shall be exempt

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from the vehicle identification requirements of this section.

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     (ii) Should any child care vehicle and school extra-curricular vehicle be a leased vehicle,

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the vehicle shall forego the requirement of having the name of the child care facility or school

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permanently affixed to the side of the vehicle, but instead may satisfy the identification

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requirement by placing a magnetized sign naming the child care facility or school or any other

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temporarily affixed apparatus; provided, that the temporary identification sign not be

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interchanged, replaced, or modified to change the purpose or function of the child care vehicle

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and school extra-curricular vehicle.

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      (7) (i) Fire extinguisher. - The child care vehicle and school extra-curricular vehicle shall

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be equipped with at least one pressurized, potassium bicarbonate base dry chemical-type fire

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extinguisher, mounted in the manufacturer's extinguisher bracket, and located in the driver's

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compartment in full view of and readily accessible to the driver. A pressure gauge shall be

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mounted on the extinguisher so as to be easily read without removing the extinguisher from its

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mounted position.

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      (ii) The fire extinguisher shall have a minimum capacity of not less than two and a half

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pounds (2 1/2 lbs.) and be of a type approved by the Underwriters Laboratories, Inc., with a rating

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of not less than ten (10) BThe operating mechanism shall be sealed with a type of seal that will

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not interfere with use of the fire extinguisher.

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      (8) First-Aid, Airway, and Bodily Fluid Spill kits. - Every child care vehicle, family

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child care home vehicle and school extra-curricular vehicle shall be equipped with a first-aid kit

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mounted in an area accessible to the operator which consists of bandages, sterile pads, adhesive

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tape, and Band-Aids, as well as an approved Emergency Airway Kit, for use in the administration

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of first-aid treatment. In addition, every child care vehicle and child care vehicle, family child

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care home vehicle and school extra-curricular vehicle shall be equipped with a bodily fluid spill

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kit and every child care vehicle and school extracurricular vehicle shall be equipped with an

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approved emergency airway kit.

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      (9) Each child care center vehicle and school extracurricular vehicle shall also have an

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audible door alarm and an audible back up alarm.

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      (10) All persons operating a pupil transportation vehicle to convey children shall hold a

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Rhode Island chauffeur's license and shall have passed a written test as may be prescribed by the

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department of motor vehicles. In addition, all such persons who operate a pupil transportation

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vehicle to convey children shall submit to a national and statewide criminal and driving record

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background check by the hiring agency.

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      (11) School extra-curricular vehicles purchased after January 1, 2000 shall further

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comply with regulations which the division of motor vehicles is authorized to promulgate which

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require these vehicles to meet appropriate safety standards. The additional safety requirements of

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this subsection shall, effective January 1, 2008, also apply to school extra-curricular vehicles in

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service prior to January 1, 2000, which are still in service after January 1, 2008.

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     SECTION 2. This act shall take effect upon passage.

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LC02768

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - MISCELLANEOUS RULES

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     This act would change the definition of "child care vehicle" to include transportation of

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children, not exceeding fifteen (15) passengers, from schools to child care facilities and/or from

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child care facilities to schools or other activities of the child day care center. It would also

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mandate that every child care vehicle, family child care home vehicle and school extracurricular

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vehicle be equipped with a first aid kit, a bodily fluid spill kit and approved emergency airway

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kit.

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     This act would take effect upon passage.

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LC02768

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