2021 -- H 5380

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LC000128

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES

     

     Introduced By: Representatives Casimiro, and Noret

     Date Introduced: February 05, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-10.1-1, 31-10.1-1.1, 31-10.1-1.2, 31-10.1-2 and 31-10.1-3 of the

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General Laws in Chapter 31-10.1 entitled "Special License for Motorcycles, Motor Scooters, and

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Other Motor Driven Cycles" are hereby amended to read as follows:

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     31-10.1-1. License required.

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     (a) No resident of this state, except those expressly exempted in this chapter, shall drive

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any two (2)-wheeled motorcycle or motor-driven cycle upon a highway in this state, unless the

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person shall first obtain a special license as an operator under the provisions of this chapter;

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provided, however, motorized bicycles and motor scooters 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, which is capable

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of a maximum speed of not more than thirty (30) miles per hour, shall be exempt from the

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provisions of this section. No person shall be licensed pursuant to this chapter unless he or she shall

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be at least sixteen (16) years of age or unless the person previously has been issued a full operator's

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license and a motorcycle learner's permit or is already licensed under a prior act of this state. Any

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person under the age of eighteen (18) duly licensed under the prior act shall be eligible to have his

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or her license renewed in the same manner as persons over the age of eighteen (18). All licenses

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issued pursuant to this chapter shall reflect any requirement of the operator to wear a helmet

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pursuant to § 31-10.1-4.

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     (b) No resident of this state, except those expressly exempted in this chapter, shall drive

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any three (3)-wheeled motorcycle or motor-driven cycle upon a highway in this state, unless the

 

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person shall first obtain a special license as an operator under the provisions of this chapter;

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provided, however, motorized bicycles and motor scooters 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, which is capable

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of a maximum speed of not more than thirty (30) miles per hour, shall be exempt from the

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provisions of this section. No person shall be licensed pursuant to this chapter unless he or she shall

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be at least sixteen (16) years of age or unless the person previously has been issued a full operator's

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license and a motorcycle learner's permit or is already licensed under a prior act of this state. Any

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person under the age of eighteen (18) years duly licensed under the prior act shall be eligible to

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have their license renewed in the same manner as persons over the age of eighteen (18) years. All

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licenses issued pursuant to this chapter shall reflect any requirement of the operator to wear a helmet

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pursuant to § 31-10.1-4.

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     (c) Any person currently licensed pursuant to this chapter, prior to September 1, 2021, shall

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continue to be permitted to operate both two (2)-wheeled and three (3)-wheeled motorcycles and

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motor­driven cycles without further examination.

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     31-10.1-1.1. Motorcycle driver education program.

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     (a) The board of governors for higher education and the office of higher education shall

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through the Community College of Rhode Island provide:

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     (1) a A minimum of six (6) and up to a maximum of twenty (20) hours of classroom

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instruction and/or on-the-road driver training, as determined by the board and/or the Community

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College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator's

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license to operate two (2)-wheeled motorcycles under this chapter; and

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     (2) A minimum of six (6) and up to a maximum of twenty (20) hours of classroom

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instruction and/or on-the-road driver training, as determined by the board and/or the Community

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College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator's

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license to operate three (3)-wheeled motorcycles under this chapter. Instruction shall be given by a

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person eligible for a teacher's certificate issued under the authority of the state board of regents

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and/or certified to teach motorcycle safety classes by completion of a course of instruction

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recognized by the Community College of Rhode Island.

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     (b) Motorcycle driver education programs shall be available to any eligible resident

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applicant holding a valid Rhode Island motor vehicle operator's license.

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     (c) The board of governors for higher education shall establish any fees that are deemed

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necessary to support this program.

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     (d) The board of governors for higher education and the office of higher education are

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authorized to establish regulations to further implement this chapter.

 

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     31-10.1-1.2. Approved motorcycle rider education program.

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     (a) The board of governors for higher education and/or the Community College of Rhode

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Island may certify motorcycle dealers engaged in selling motorcycles or an association engaged in

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motorcycle safety to provide motorcycle driver education courses in the state if the curriculum used

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during the course of instruction is certified by the Motorcycle Safety Foundation, or other programs

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approved by the board and/or the Community College of Rhode Island.

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     (b)(1) The course of instruction for operation of two (2)-wheeled motorcycles shall provide

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students with a minimum of sixteen and a half (16 1/2) hours of combined classroom instruction,

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and on the range motorcycle training for a beginner rider course, and a minimum of five (5) hours

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for a licensed rider course.

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     (2) The course of instruction for operation of three (3)-wheeled motorcycles shall provide

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students with a minimum of sixteen and a half (16 1/2) hours of combined classroom instruction,

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and on the range motorcycle training for a beginner rider course, and a minimum of five (5) hours

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for a licensed rider course.

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     (c) In order for an instructor to teach in a motorcycle rider education program in the state,

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the person shall meet all of the following requirements:

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     (1) Must be twenty-one (21) years of age or older, and must possess a valid drivers license

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recognized by the state of Rhode Island for at least three (3) consecutive years;

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     (2) Possess a high school diploma or GED;

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     (3) Must be certified by the Motorcycle Safety Foundation as an instructor;

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     (4) Must be licensed to teach motorcycle training in the state of Rhode Island;

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     (5) An instructor has not had more than one moving traffic violation within one year prior

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to obtaining certification; not more than two (2) moving violations within a three (3) year period

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prior to licensure as a motorcycle rider education instructor; and not more than three (3) moving

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violations within a five (5) year period prior to licensure as a motorcycle rider education instructor;

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     (6) An instructor has not had their driving privileges suspended or revoked in the five (5)

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preceding years prior to obtaining certification by the state of Rhode Island;

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     (7) An instructor has no driving under the influence of alcohol or drug convictions within

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ten (10) years prior to obtaining certification by the state of Rhode Island as a motorcycle rider

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education instructor;

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     (8) Must successfully pass a criminal background check by the department;

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     (9) For out of state instructors, the person must provide the department with a certified

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copy of their driving record from the previous five (5) years.

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     (d) Class sizes shall not exceed twenty-four (24) students in the classroom, and twelve (12)

 

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on the range during instruction.

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     (e) A student, unless specified under § 31-10.1-2, who successfully completes a department

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approved two (2)-wheeled motorcycle rider education program's skills and written test

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requirements, shall be deemed compliant with § 31-10.1-1.1(a)(1) and exempted from the road test

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under § 31-10.1-3(a) provided the student passes a written, vision and road sign examination at a

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department licensing facility. A student, unless specified under § 31-10.1-2, who successfully

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completes a department approved three (3)-wheeled motorcycle rider education program's skills

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and written test requirements, shall be deemed compliant with § 31-10.1-1.1(a)(2) and exempted

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from the road test under § 31-10.1-3(b), provided the student passes a written, vision and road sign

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examination at a department facility. In order to take the written, vision and road sign examination

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under § 31-10.1-3(a) or (b) the student shall bring their Motorcycle Safety Foundation completion

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card and a road test waiver form provided by the rider education program where the course was

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successfully completed. The road test waiver form shall include the following:

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     (1) Student's full name, as written on their valid drivers license;

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     (2) Motorcycle Safety Foundations' Basic Rider Course Completion Card number;

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     (3) Course completion date;

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     (4) Dealership or association name;

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     (5) Dealership or association contact name;

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     (6) MSF Rider Education Recognition Program number, or equivalent;

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     (7) Instructor's name, signature and Motorcycle Safety Foundation number or an identifier

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from any other program approved by the board and/or the Community College of Rhode Island

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instructor number.

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     (f) The department or the Community College of Rhode Island has the right to inspect

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ranges to ensure they fulfill the Motorcycle Safety Foundation's range standards for motorcycle

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training. The department shall have the right to inspect the courses authorized under this section at

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any time. The entity providing the motorcycle rider education program shall maintain records for a

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minimum of two (2) years, including those who participated in the class, those who successfully

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completed the class, and those individuals who failed any portion of the class.

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     (g) No state subsidies shall be provided to a dealer or association for operating a motorcycle

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driver education program under this section.

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     (h) The state of Rhode Island shall not be liable for any acts or omissions on the part of

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motorcycle dealers and/or associations in the implementation of the motorcycle rider education

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program pursuant to this section.

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     (i) Each dealership and/or association seeking to provide a motorcycle driver education

 

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course under this chapter shall pay an application fee of seven hundred and fifty dollars ($750) and

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a yearly renewal fee of one hundred dollars ($100) to the office of higher education for the purpose

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of program oversight.

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     31-10.1-2. Learner's permit.

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     (a)(1) Upon applying for a first license to drive a two (2)-wheeled motorcycle and after

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successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(1) and

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after satisfying the requirements of § 31-10.1-3(a), the administrator of the division of motor

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vehicles may issue a motorcycle learner's permit to take instruction in the operation of a two (2)-

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wheeled motorcycle which entitles the holder to operate or drive a two (2)-wheeled motorcycle on

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the public highway, other than limited access highway, as a learner, under the general supervision,

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and whether or not under the immediate control, of a licensed motorcycle operator, at least eighteen

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(18) years of age.

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     (2) Upon applying for a first license to drive a three (3)-wheeled motorcycle and after

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successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(2) and

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after satisfying the requirements of § 31-10.1-3(b), the administrator of the division of motor

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vehicles may issue a motorcycle learner's permit to take instruction in the operation of a three (3)-

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wheeled motorcycle which entitles the holder to operate or drive a three (3)-wheeled motorcycle

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on the public highway, other than limited access highway, as a learner, under the general

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supervision, and whether or not under the immediate control, of a licensed motorcycle operator, at

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least eighteen (18) years of age.

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     (3) A person who has been issued a learner's permit may not carry passengers other than

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the supervising driver on the motorcycle until the person has been licensed to operate a motorcycle.

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     (b) The following persons are eligible for a motorcycle learner's permit:

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     (1) A person who is at least sixteen (16) years old but less than eighteen (18) years old and

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has a limited provisional license or a full operator's license issued by the division of motor vehicles.

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     (2) A person who is at least eighteen (18) years old and has a license issued by the division

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of motor vehicles.

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     (c) The holder of a motorcycle learner's permit who has a limited provisional license may

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drive the motorcycle only at times when the license holder could drive a motor vehicle without

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supervision pursuant to § 31-10-14.

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     (d) A motorcycle learner's permit expires eighteen (18) months after it is issued.

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     31-10.1-3. Examination.

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     (a) All applicants for a two (2)-wheeled motorcycle, motor scooter, or motor-driven cycle

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license, except those exempted in this chapter, shall pass a written, vision, road sign, and road test

 

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as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the

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applicant.

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     (b) All applicants for a three (3)-wheeled motorcycle, motor scooter, or motor-driven cycle

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license, except those exempted under this chapter, shall pass a written, vision, road sign, and road

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test, as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by

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the applicant.

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     (b)(c) An applicant who within six (6) months of having been certified by the department

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of elementary and secondary education as having passed a written examination, road sign, and road

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test administered by that department, shall, upon completion of an eyesight test by the division of

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motor vehicles, be considered in compliance with this section.

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     SECTION 2. This act shall take effect on September 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES

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     This act would provide that three (3)-wheeled motorcycles be included under the licensing

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requirements of the department of motor vehicles.

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     This act would take effect on September 1, 2021.

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