2019 -- H 5163 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM

COMMERCIAL DRIVER'S LICENSE ACT

     Introduced By: Representatives Phillips, Solomon, Shekarchi, Ucci, and Hawkins

     Date Introduced: January 23, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 31-10.3-19, 31-10.3-20, 31-10.3-23 and 31-10.3-30 of the General

Laws in Chapter 31-10.3 entitled "Rhode Island Uniform Commercial Driver's License Act" are

hereby amended to read as follows:

     31-10.3-19. Examination of applicants.

     (a) The department shall examine every applicant for a commercial license or learner's

permit. The examination shall include: (1) a test of the applicant's eyesight to be administered

according to standards set by the Federal Motor Carrier Regulations; (2) his or her ability to read

English in understanding highway signs regulating, warning, and directing traffic; (3) his or her

knowledge of the traffic laws of this state; and (4) shall include an actual demonstration of ability

to exercise ordinary and reasonable control in the operation of a motor vehicle or combination of

vehicles of the type covered by the license classification, endorsement, or restrictions which the

applicant is seeking. Each applicant shall successfully complete the skills test in the following

order: pre-trip inspection, basic vehicle control skills, on-road skills. If an applicant fails one

segment of the skills test the applicant cannot continue to the next segment of the test; however,

scores for the passed segments of the skills test shall remain valid and an applicant will not be

required to retake the segments previously passed prior to expiration of the commercial learner's

permit. The examination may also include any further physical and mental examinations that the

department deems necessary to determine the applicant's fitness to safely operate a motor vehicle

upon the highways.

     (b) A nonresident, who establishes residence in the state of Rhode Island and makes

application for a Rhode Island commercial license, shall not be required to demonstrate his or her

ability to operate a motor vehicle, unless the examiner has reason to believe such a demonstration

is needed; provided, that the nonresident surrenders a valid commercial license that was issued

under the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C.

§ 31101 et seq.); may be as amended from time to time by another state.

     (c) The department shall be permitted to promulgate rules and regulations pertaining to

third-party testing for the skills tests required for commercial driver's licenses in accordance with

49 CFR Part 383, as it may be revised from time to time.

     31-10.3-20. Fees.

     The fees charged for commercial licenses, endorsements, classifications, restrictions, and

required examinations shall be as follows:

     (1) For every commercial operator's first license, thirty dollars ($30.00);

     (2) For every renewal of a commercial license, fifty dollars ($50.00);

     (3) For every duplicate commercial license, ten dollars ($10.00);

     (4) For every duplicate commercial instruction learner's permit, ten dollars ($10.00);

     (5) For any change of:

     (i) Classification(s), ten dollars ($10.00);

     (ii) Endorsement(s), ten dollars ($10.00);

     (iii) Restriction(s), ten dollars ($10.00);

     (6) For every written and/or oral examination, ten dollars ($10.00);

     (7) The Rhode Island board of education shall establish fees that are deemed necessary

for the Community College of Rhode Island to administer the skill test, not to exceed one

hundred dollars ($100);

     (8) For every commercial Class P (learner's permit) first license, thirty dollars ($30.00);

and , sixty dollars ($60.00)

     (9) For every renewal of a commercial Class P (learner's permit) license, thirty dollars

($30.00).

     31-10.3-23. Expiration of licenses.

     Every commercial license issued by the department shall expire on the licensee's birth

date in the fifth year following the initial issuance, excluding Class P (learner's permit) licenses

commercial learner's permits which shall expire one hundred eighty (180) days one year from the

date of initial issuance, and excluding a first issuance which shall expire on the licensee's birth

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date in the second year following initial issuance.

     31-10.3-30. Commercial driver's license required.

     (a) Except when operating under a commercial instruction learner's permit and

accompanied by the holder of a commercial license valid for the vehicle being operated, no

person shall operate a commercial motor vehicle unless the person has been issued a valid

commercial driver's license containing the endorsements, classifications, or restrictions applicable

to the type of vehicle being operated.

     (b) No person shall be issued a commercial driver's license until he or she has passed a

written and driving test for the operation of a commercial motor vehicle which complies with the

minimum federal standards in 49 C.F.R. Part 383, as revised from time to time, and has satisfied

all other federal requirements as well as any other requirements imposed by state law subject to

the provisions of § 31-10.3-19(a). The tests shall be prescribed and conducted by the department

or a third party designated by the department.

     (c) A commercial license may be issued only to a person who operates or who intends to

operate commercial motor vehicles and who is domiciled in this state.

     (d) A commercial license shall not be issued to a person during a period in which that

person is disqualified from operating a commercial motor vehicle or while that person's license is

suspended, revoked, cancelled, or otherwise withdrawn in any state or province of Canada; nor

shall a commercial driver's license be issued to a person who has a license issued by any other

state unless the person first surrenders the commercial driver's license issued by the other state,

which license shall be returned to the issuing state for cancellation.

     SECTION 2. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM

COMMERCIAL DRIVER'S LICENSE ACT

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     This act would provide criteria for the administration of the skills test portion of a

commercial driver's license exam and would allow the applicant to carry over parts of the

examinations that applicants pass in sequence and require them to retake only those portions not

passed.

     This act would take effect on January 1, 2020.

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