2018 -- H 7776 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - DEFINITIONS AND GENERAL CODE

PROVISIONS

     

     Introduced By: Representatives Marszalkowski, and Casimiro

     Date Introduced: February 28, 2018

     Referred To: House Corporations

     (Department of Transportation)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-1-3, 31-1-4 and 31-1-5 of the General Laws in Chapter 31-1

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entitled "Definitions and General Code Provisions" are hereby amended to read as follows:

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     31-1-3. Types of vehicles.

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     (a) (1) "Antique motor car" means any motor vehicle that is more than twenty-five (25)

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years old. Unless fully inspected and meeting inspection requirements, the vehicle may be

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maintained solely for use in exhibitions, club activities, parades, and other functions of public

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interest. The vehicle may also be used for limited enjoyment and purposes other than the

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previously mentioned activities, but may not be used primarily for the transportation of

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passengers or goods over any public highway.

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     (2) After the vehicle has met the requirements of state inspection, a registration plate may

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be issued to it on payment of the standard fee. The vehicle may be operated on the highways of

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this and other states, and may, in addition to the registration plate, retain the designation "antique"

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and display an "antique plate".

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     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

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vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

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the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate

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designating the exact year of manufacture of the vehicle.

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     (b) (1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25)

 

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years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

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maintained solely for use in exhibitions, club activities, parades, and other functions of public

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interest. The vehicle may also be used for limited enjoyment and purposes other than the

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previously mentioned activities, but may not be used primarily for the transportation of

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passengers or goods over any public highway; and

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     (2) After the vehicle has met the requirements of state inspection, a registration plate may

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be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways

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of this and other states, and may, in addition to the registration plate, retain the designation

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"antique" and display an "antique plate".

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     (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol);

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police vehicles; vehicles used by Rhode Island state marshals in the department of corrections;

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vehicles used by the state bomb squad within the division of state fire marshal; vehicles of

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municipal departments or public service corporations designated or authorized by the

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administrator as ambulances and emergency vehicles; and privately owned motor vehicles of

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volunteer firefighters or privately owned motor vehicles of volunteer ambulance drivers or

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attendants, as authorized by the department chief or commander and permitted by the Rhode

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Island Association of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee

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for Volunteer Warning Light Permits.

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     (d) "Automobile" means, for registration purposes, every motor vehicle carrying

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passengers other than for hire.

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     (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and

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similar devices, propelled exclusively by human power, and upon which a person may ride.

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     (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the

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manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living

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quarters for recreation that has either its own motor power or is mounted on, or towed by, another

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vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers,

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and pick-up campers.

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     (g) "Electric motorized bicycles" means a motorized bicycle that may be propelled by

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human power or electric motor power, or by both, with an electric motor rated not more than two

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(2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25)

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miles per hour.

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     (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-

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tandem two-wheeled (2) device, designed to transport only one person, with an electric

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propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.

 

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     (i) Fifth-wheel trailer: A towable recreational vehicle, not exceeding four hundred (400)

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square feet in area, designed to be towed by a motorized vehicle that contains a towing

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mechanism that is mounted above or forward of the tow vehicle's rear axle and that is eligible to

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be registered for highway use.

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     (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse

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shall be considered an automobile for registration purposes.

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     (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer,

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semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

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for hire, and operated wholly or in part upon any street or highway as a means of transportation

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similar to that afforded by a street railway company, by indiscriminately receiving or discharging

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passengers, or running on a regular route or over any portion of one, or between fixed termini; or

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(2) A "private bus" that includes every motor vehicle other than a public bus or passenger van

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designed for carrying more than ten (10) passengers and used for the transportation of persons,

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and every motor vehicle other than a taxicab designed and used for the transportation of persons

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for compensation.

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     (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

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in contact with the ground and a saddle on which the driver sits astride, except bicycles with

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helper motors as defined in subsection (n) of this section.

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     (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a

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motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

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subsection (n) of this section.

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     (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human

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power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

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horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum

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speed of not more than thirty (30) miles per hour.

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     (o) Motorized camper: A camping recreational vehicle, built on, or permanently attached

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to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed

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vehicle.

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     (p) "Motorized tricycles" means tricycles that may be propelled by human power or

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helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of

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a maximum speed of not more than thirty (30) miles per hour.

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     (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by,

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a person with a disability that is incapable of speed in excess of eight (8) miles per hour.

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     (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four

 

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and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable

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of a maximum speed of not more than thirty (30) miles per hour.

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     (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric

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power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

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exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

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(g) of this section, and motorized wheelchairs.

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     (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

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hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

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persons for compensation in any form, or motor vehicles rented for transporting persons either

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with or without furnishing an operator.

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     (u) Park trailer: A camping recreational vehicle that is eligible to be registered for

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highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels;

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and (2) Certified by the manufacturer as complying with ANSI A119.5.

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     (v) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

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(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

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vans may be used for vanpools, transporting passengers to and from work locations, provided that

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the operator receives no remuneration other than free use of the vehicle.

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     (w) "Pedal carriages" (also known as "quadricycles") means a nonmotorized bicycle with

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four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

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transporting additional passengers in seats or on a platform made a part of or otherwise attached

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to the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed

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to it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

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transportation of a handicapped person, nor shall it include a tricycle built for a child or an adult

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with a seat for only one operator and no passenger.

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     (x) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and

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sides designed to be loaded onto and unloaded from the back of a pick-up truck.

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     (y) "Rickshaws" (also known as "pedi cabs") means a nonmotorized bicycle with three

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(3) wheels operated by one person for the purpose of, or capable of, transporting additional

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passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This

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definition shall not include a bicycle built for two (2) where the operators are seated one behind

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the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed

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thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for

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the transportation of a handicapped person.

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     (z) "School bus" means every motor vehicle owned by a public or governmental agency,

 

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when operated for the transportation of children to or from school; or privately owned, when

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operated for compensation for the transportation of children to or from school.

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     (aa) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable

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body or with removable seats, usable for both passenger and delivery purposes, and including

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motor vehicles commonly known as station or depot wagons or any vehicle into which access can

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be gained through the rear by means of a hatch or trunk and where the rear seats can be folded

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down to permit the carrying of articles as well as passengers.

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     (bb) "Tent trailer": A towable recreational vehicle that is mounted on wheels and

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constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

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for use and that is eligible to be registered for highway use.

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     (cc) "Trackless trolley coach" means every motor vehicle that is propelled by electric

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power obtained from overhead trolley wires, but not operated on rails.

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     (dd) Travel trailer: A towable recreational vehicle, not exceeding three hundred twenty

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(320) square feet in area, designed to be towed by a motorized vehicle containing a towing

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mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered

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for highway use.

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     (ee) "Vehicle" means every device in, upon, or by which any person or property is or may

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be transported or drawn upon a highway, except devices used exclusively upon stationary rails or

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tracks.

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     (ff) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by

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natural gas.

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     31-1-4. Trucks and tractors.

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     (a) "Farm tractor" means every motor vehicle designed and used primarily as a farm

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implement, for drawing plows, mowing machines, and other implements of husbandry or farm

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vehicles.

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     (b) "Tow cars and tow trucks" means every motor vehicle ordinarily used for the purpose

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of towing or removing motor vehicles or assisting disabled motor vehicles.

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     (c) "Truck" means every motor vehicle designed, used, or maintained primarily for the

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transportation of property. The administrator of the division of motor vehicles shall determine, in

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case of doubt, if a motor vehicle is subject to registration as a truck.

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     (d) "Truck tractor" means a non-cargo-carrying power unit that operates in combination

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with a semi-trailer or trailer, except that a truck tractor and a semi-trailer or trailer engaged in the

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transportation of automobiles may transport motor vehicles on part of the power unit.

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     (e) "Covered heavy-duty tow and recovery vehicle" means a vehicle that is transporting a

 

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disabled vehicle from the place where the vehicle became disabled to the nearest appropriate

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repair facility; and, provided the vehicle has a gross vehicle weight that is equal to or exceeds the

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gross vehicle weight of the disabled vehicle being transported.

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     (f)(1) "Trailer transporter towing unit" means a power unit that is not used to carry

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property when operating in a towaway trailer transporter combination.

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     (2) "Towaway trailer transporter combination" means a combination of vehicles

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consisting of a trailer transporter towing unit and two (2) trailers or semitrailers:

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     (i) With a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.);

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and

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     (ii) In which the trailers or semitrailers carry no property and constitute inventory

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property of a manufacturer, distributor, or dealer of such trailers or semitrailers.

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     31-1-5. Trailers.

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     (a) "Automobile transporter" means any vehicle combination designed and used for the

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transport of assembled highway vehicles, including truck camper units. An automobile

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transporter shall not be prohibited from the transport of cargo or general freight on a backhaul,

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provided it complies with weight limitations for a truck tractor and semitrailer combination.

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     (a)(b) "Pole trailer" means every vehicle without motive power designed to be drawn by

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another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being

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boomed or secured to the towing vehicle, and ordinarily used for transporting long or irregularly

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shaped loads such as poles, pipes, or structural members capable, generally, of sustaining

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themselves as beams between the supporting connections.

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     (b)(c) "Semi-trailer" means every vehicle with or without motive power, other than a pole

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trailer, designed for carrying persons or property and for being drawn by a motor vehicle,

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constructed so that some of its weight and that of its load rests upon or is carried by another

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vehicle.

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     (c)(d) "Tractor-semi-trailer combination" means every combination of a tractor and a

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semi-trailer properly attached to the tractor to form an articulated vehicle.

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     (d)(e) "Tractor-trailer combination" means every combination of a tractor and a trailer,

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properly attached to the tractor to form an articulated vehicle.

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     (e)(f) "Trailer" means every vehicle without motive power, other than a pole trailer,

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designed for carrying persons or property and for being drawn by a motor vehicle, constructed so

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that none of its weight rests upon the towing vehicle.

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     SECTION 2. Sections 31-25-2, 31-25-6 and 31-25-21 of the General Laws in Chapter 31-

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25 entitled "Size, Weight, and Load Limits" are hereby amended to read as follows:

 

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     31-25-2. Vehicles exempt from limitations.

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     (a) The provisions of this chapter governing size, weight, and load shall not apply to:

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     (1) Road machinery;

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     (2) Farm vehicles, including farm tractors, temporarily moved upon a highway;

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     (3) Any vehicle owned and operated by the Rhode Island public transit authority which is

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designed for carrying passengers and is comprised of two (2) sections permanently joined by a

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hinge mechanism or an articulated joint which allows vertical and horizontal movement and a

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passage for riders moving from one section to the other; or

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     (4) A vehicle operated under the terms of a special permit issued as provided in this

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chapter.;

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     (5) Covered heavy-duty tow and recovery vehicles;

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     (6) Emergency vehicles with a weight limit of up to a maximum gross vehicle weight of

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eighty-six thousand pounds (86,000 lbs.) or less than twenty-four thousand pounds (24,000 lbs.)

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on a single steering axle; thirty-three thousand five hundred pounds (33,500 lbs.) on a single drive

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axle; sixty-two thousand pounds (62,000 lbs.) on a tandem axle; or fifty-two thousand pounds

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(52,000 lbs.) on a tandem rear drive steer axle; or

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     (7) Natural gas vehicles up to a maximum gross vehicle weight of eighty-two thousand

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pounds (82,000 lbs.) by an amount that is equal to the difference between the weight of the

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vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and the

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weight of a comparable diesel tank and fueling system.

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     (b) The provisions of this chapter governing size, weight, and load shall not apply to fire

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apparatus acquired by a city or town within this state prior to July 1, 1999.

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     31-25-6. Maximum number and length of coupled vehicles.

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     (a) No combination of vehicles coupled together shall consist of more than three (3)

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units, a truck-tractor, semi-trailer, and trailer. The combination of vehicles shall not be restricted

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in overall length, except that when a truck-tractor, semi-trailer, and a trailer are used in

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combination, the trailer or semi-trailer each shall not exceed twenty-eight and one-half feet (28'

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6"), excluding bumpers and accessories. Provided, however, that combinations of vehicles

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consisting of three (3) units shall be permitted to operate only on the interstate highway system

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and on those highways, streets, and roads designated by the director of the department of

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transportation.

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     (b) Combinations of vehicles consisting of truck-tractor and semi-trailer coupled together

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shall not be restricted in overall length, and semi-trailers shall not exceed fifty-three feet (53') in

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length, excluding bumpers and accessories. Towaway trailer transporter combinations shall not be

 

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restricted to an overall length limitation of less than eighty-two feet (82'). Semi-trailers exceeding

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forty-eight and one-half feet (48' 6") shall be permitted to operate only on the interstate highway

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system and on those highways, streets and roads designated by the director of the department of

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transportation. Exceptions to the requirements of this section include the use of a pole trailer and

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combinations designed to transport motor vehicles and/or automobiles as authorized in §§ 31-25-

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7 and 31-25-8. The provision that no combination of vehicles coupled together shall consist of

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more than three (3) units shall not apply to vehicles coupled together by a saddle mount device

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used to transport motor vehicles in a drive-away service when no more than three (3) saddle

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mounts are used, and equipment used in the combination is approved by Part 393.71 of the

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federal motor carrier safety regulations, 49 CFR 393.71, and safety regulations of the division of

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motor vehicles of the department of revenue of the state of Rhode Island as such federal and/or

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state legislation may be amended or revised from time to time. Any owner or operator found

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deviating from the approval permitted routes shall be fined a minimum mandatory fine of five

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hundred dollars ($500), but not more than one thousand dollars ($1,000).

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     (c) The distance from the kingpin of the trailer to the center of the rear axle may not

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exceed forty-one feet (41').

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     (d) Fifty-three foot (53') trailers shall be equipped with a rear end protection device of

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substantial construction consisting of a continuous lateral beam extending to within four inches

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(4") of the lateral extremities of the trailer, and located not more than twenty-two inches (22")

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from the surface of the road as measured with the vehicle empty and on level surface.

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     (e) Violations of this section are subject to fines enumerated in § 31-41.1-4.

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     31-25-21. Power to permit excess size or weight of loads.

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     (a) The department of transportation, with respect to highways under its jurisdiction may,

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in its discretion, upon application in writing and good cause being shown for it, approve the

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issuance of a special permit in writing by the division of motor vehicles authorizing the applicant

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to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load

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exceeding eighty thousand pounds (80,000 lbs.) or otherwise not in conformity with the

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provisions of chapters 1 -- 27 of this title upon any highway under the jurisdiction of the party

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granting the permit and for the maintenance of which the party is responsible. Permits which have

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been issued for a full year shall not be required to be renewed for the period of time for which

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payment has been made and the application and other required documentation has been

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completed and filed. Provided, that neither the department of transportation nor the local

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authorities may approve the issuance of permits for divisible loads weighing in excess of one

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hundred four thousand-eight hundred pounds (104,800 lbs.), gross vehicle weight, for five (5)

 

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axle vehicles and seventy-six thousand six hundred fifty pounds (76,650 lbs.), gross vehicle

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weight, for three (3) axle vehicles.

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     (1) Provided, however, that for milk products, any vehicle carrying fluid milk products

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shall be considered a load that cannot be easily dismantled or divided.

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     (b) The director of the department of transportation may enter into agreements with other

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states, the District of Columbia and Canadian provinces providing for the reciprocal enforcement

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of the overweight or over-dimensional vehicle permit laws of those jurisdictions entering into the

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agreement.

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     (c) Trip permit fee. A fee of twenty dollars ($20.00) shall be paid to the division of motor

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vehicles for the issuance of each non-reducible vehicle or load permit.

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     (d) Annual fee. A fee of three hundred dollars ($300) paid to the division of motor

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vehicles shall exempt the payor from the necessity of paying trip permit fees as found in

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subsection (c) of this section. However, payment of the fee shall not be deemed to authorize non-

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compliance with the rules and regulations promulgated by the department of transportation

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entitled "State of Rhode Island Manual for Overweight and Oversize Vehicle Permits".

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     (e) Blanket construction equipment permits may be issued, as determined by the

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department of transportation, for intrastate movement of non-reducible loads upon payment of the

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fee set forth in subsection (d) of this section. The duration of the blanket permit may not exceed

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one year, and the construction equipment permit load shall be limited to a minimum overall

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length of fifty-five feet (55'), a maximum overall length of eighty feet (80'), and a maximum

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width of twelve feet four inches (12' 4"), provided that neither the division of motor vehicles, nor

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local authorities may issue blanket permits for non-divisible loads weighing in excess of one

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hundred thirty thousand pounds (130,000 lbs.) on less than six (6) axles, with individual axle

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weights exceeding twenty-five thousand pounds (25,000 lbs.); provided, further, that the

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department of transportation, with respect to highways under its jurisdictions, may in its

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discretion and upon application and for good cause shown approve the issuance of a special trip

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permit authorizing the applicant to exceed one hundred thirty thousand pounds (130,000 lbs.) for

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non-divisible loads. A flashing amber light shall be in operation above the highest point of the

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vehicle and shall be visible from both the front and rear of the vehicle; and signs and red warning

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flags shall be affixed to all extremities. All blanket permits issued in accordance with this section

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shall be effective during daylight and night-time hours, for all over dimensional moves made and

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travel shall be allowed on state highways. The following restrictions on travel times shall apply

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to:

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     (1) Freeways -- in general.

 

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     No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm

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and 7:00 pm on any day of the week.

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     (2) Arterial roadways.

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     No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm

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and 7:00 pm, Monday through Friday.

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     (3) Holidays.

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     Memorial Day, Victory Day, Labor Day & Columbus Day -- No Saturday, Sunday or

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Monday day or night travel.

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     Thanksgiving Day -- No Wednesday night or Thursday day or night travel. No travel on

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Wednesday through Sunday of Thanksgiving week in any calendar year.

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     Independence Day, Veterans Day, Christmas Day -- No day or night travel and no travel

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the previous night.

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     Easter Sunday. No Saturday night or Sunday travel.

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     (f) Construction equipment blanket permits shall not be granted for travel over the

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following bridges:

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     Blackstone River Viaduct 750 carrying I-295 northbound and southbound over the

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Blackstone River;

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     Kingston Road Bridge No. 403 carrying I-95 northbound and southbound over Kingston

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Road.

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     (g) Travel of blanket permitted construction equipment through zones with reductions in

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lane width such as construction zones will not be allowed. Prior to travel, blanket permit holders

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are responsible to verify the location of construction zones and lane width reductions. Locations

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of lane width reduction zones are available through the state department of transportation's

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construction office.

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     SECTION 3. This act shall take effect on January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - DEFINITIONS AND GENERAL CODE

PROVISIONS

***

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     This act would amend several provisions relative to truck size and weight limitations to

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be compatible with federal law.

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     This act would take effect on January 1, 2019.

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