2022 -- H 7215

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LC003810

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- FOREIGN VEHICLES

     

     Introduced By: Representatives Place, Chippendale, Filippi, Roberts, and Nardone

     Date Introduced: January 26, 2022

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 31-7 of the General Laws entitled "Foreign Vehicles" is hereby

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amended by adding thereto the following section:

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     31-7-3.1. State student transportation provider exemption.

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     Notwithstanding the provisions of §§ 31-7-1 and 31-7-3, any student transportation

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provider, registered in Massachusetts or Connecticut, retained by or via the Rhode Island

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department of education, to provide student transportation services, may utilize student

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transportation vehicles, as defined in § 31-1-3 currently registered in Massachusetts or Connecticut,

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to provide student transportation services in Rhode Island, provided that:

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     (1) Each student transportation vehicle has current, valid Massachusetts or Connecticut

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registration and inspection stickers.

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     (2) Each student transportation vehicle is covered by an insurance policy meeting the

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requirements of § 31-22-10.21.

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     (3) Rhode Island department of education has verified compliance with subsections (a)(1)

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and (a)(2) of this section.

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     (4) The retained provider complies with the registration requirement for each student

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transportation vehicle, pursuant to § 31-7-2.

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     SECTION 2. Section 31-10-5 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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     31-10-5. Special restrictions for drivers for compensation.

 

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     (a) No person who is under the age of twenty-one (21) years shall drive any school bus

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transporting school children or any motor vehicle when in use for the transportation of persons or

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property for compensation nor in either event until he or she has been licensed as a chauffeur for

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either purpose and the license so indicates. Colleges and universities shall be exempt from the

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requirement for a public plate for vehicles used to shuttle only students or employees to various

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points within the college or university campus or if a college or university owned or leased vehicle

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is used for the occasional transportation of college or university employees or students either on or

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off campus provided that the vehicle is operated by a college or university employee possessing a

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valid Rhode Island chauffeur's license or a commercial drivers license with a passenger

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endorsement. Provided, however, that the college or university shall operate the shuttle service and

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there shall be no specific charge for the transportation of students or employees. The division of

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motor vehicles shall not issue a chauffeur's license for either purpose unless the applicant has had

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at least one year of driving experience prior to the application, and has filed with the division of

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motor vehicles one or more certificates signed by a total of at least three (3) responsible people to

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whom he or she is well known certifying to the applicant's good character and habits and the

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administrator of the division of motor vehicles is fully satisfied as to the applicant's competency

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and fitness to be so employed.

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     (b) In addition to the requirements provided in subsection (a) of this section, any person

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attempting to obtain a chauffeur's license to drive a school bus transporting school children shall,

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prior to being certified:

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     (1) Successfully complete a ten (10) hour school bus driver training course conducted by

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the department of revenue or the department of revenue's designee and file a certificate of

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successful completion with the division of motor vehicles. The curriculum of that course and the

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accreditation of courses offered shall be pursuant to rules and regulations promulgated by the

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division of motor vehicles;

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     (2) Pass a written examination prepared and given by the department of revenue or the

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department of revenue's designee.

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     (3) Pass a driving test in a school bus of a like type which that person will be employed to

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drive. The test will be prepared and given by the department of revenue.

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     (c) Prior to issuing a certificate to any person who intends to drive a school bus, the division

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of motor vehicles shall conduct a search of that person's motor vehicle record. Any violation of any

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safety regulation or conviction of any motor vehicle law in this or any other state shall be grounds

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for refusing to issue a certificate.

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     (d) Notwithstanding the express license requirements in this section, drivers currently

 

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licensed in Massachusetts or Connecticut to operate student transportation vehicles and employed

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by retained transportation providers shall be allowed to operate in Rhode Island.

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     SECTION 3. Section 31-22.1-3 of the General Laws in Chapter 31-22.1 entitled "Pupil

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Transportation Vehicles" is hereby amended to read as follows:

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     31-22.1-3. Equipment and operation of pupil transportation vehicles.

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     No person shall operate any student transportation vehicle, and the owner or custodian of

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a student transportation vehicle shall not permit the same to be operated to convey students unless

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the following requirements are complied with:

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     (1) The operator of a pupil transportation vehicle shall not allow the number of school

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students riding in the pupil transportation vehicle at any one time to exceed the number of adequate

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seats therein nor shall the operator drive said bus until each student is seated.

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     (2) No person shall operate a pupil transportation vehicle referred to in this section, nor

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knowingly allow any passenger to ride in such vehicle unless the operator and all passengers are

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wearing a safety belt which is properly adjusted and fastened.

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     (3) All doors shall be kept closed while the pupil transportation vehicle is in motion. The

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vehicle shall have an audible open door warning alarm and an audible back up warning alarm.

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     (4) No fueling shall take place while any pupil transportation vehicle is occupied by

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passengers.

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     (5) Each pupil transportation vehicle shall be equipped with Type I Class A turn signal

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lamps, which shall have a four-way hazard warning signal switch to cause simultaneous flashing

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of the turn signal lamps which may be activated when a pupil transportation vehicle is approaching

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a stop to load or discharge school students and when needed as a vehicular traffic hazard warning.

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Each pupil transportation vehicle shall also be equipped with front and rear alternating flashing

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school bus red signal lamps, which shall remain flashing when school pupils are entering or leaving

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the pupil transportation vehicle. All aforementioned lamps shall comply with applicable Federal

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Motor Vehicle Safety Standards and any applicable rules and regulations promulgated by the

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department of motor vehicles. The operator of a pupil transportation vehicle shall cause its

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headlamps to be illuminated while such bus is in operation.

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     (6) Any person who operates such a pupil transportation vehicle shall not permit the

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boarding or discharging of school students therefrom unless the pupil transportation vehicle is

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stopped as close as is practicable to the right-hand side or edge of the ways and shall announce

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when discharging passengers there from that all persons who wish to cross to the other side of the

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way shall do so by passing in front of the pupil transportation vehicle immediately upon alighting

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therefrom. No person shall operate a pupil transportation vehicle away from the point of boarding

 

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until it is safe for all discharged passengers who wish to cross to the other side have done so. The

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monitor requirement of § 16-21-1 shall not apply to pupil transportation vehicles.

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     (7) Each pupil transportation vehicle shall be required to be equipped with one pair of

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adequate chock blocks and three (3) flares in compliance with United States Motor Vehicle D.O.T.

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Safety Standard No. 125, which shall be placed upon the roadway in conformance with section 14

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B of chapter 85 when such vehicle becomes disabled upon the traveled portion of any way, and

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seat belts for each permanent seating accommodation designed and installed in compliance with

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applicable United States Motor Vehicle Safety Standards.

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     (8) All pupil transportation vehicles shall include an approved emergency airway and

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bodily fluid spill kits.

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     (9) All pupil transportation vehicles used to transport school students under the provisions

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of this section shall display sticker as authorized by the department of motor vehicles for a

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reasonable fee established by the department of motor vehicles.

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     (10) All persons operating a pupil transportation vehicle vehicles, to convey students, shall

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hold a Rhode Island chauffeurs chauffeurs' license and shall have passed a written test as may be

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prescribed by the division of motor vehicles; provided, however, those drivers currently licensed

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in Massachusetts or Connecticut to operate student transportation vehicles and employed by

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retained transportation providers may also operate in Rhode Island. In addition, all persons who

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operate a pupil transportation vehicle to convey students shall submit to a national and statewide

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criminal and driving record background check by the hiring agency.

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     SECTION 4. Chapter 31-22.1 of the General Laws entitled "Pupil Transportation Vehicles"

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is hereby amended by adding thereto the following section:

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     31-22.1-5. Out-of-state pupil transportation vehicle operators.

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     (a) A provider driver may operate student transportation vehicles, appropriate for their

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licensure, provided that:

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     (1) As applicable, the provider driver possess a current, valid Massachusetts or Connecticut

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commercial driver's license with a "P" and "S" endorsement and a current, valid Massachusetts

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school bus certificate if licensed in Massachusetts.

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     (2) As applicable, the provider driver possesses a current, valid Massachusetts or

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Connecticut driver's license that is the equivalent of a Rhode Island license, with the appropriate

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endorsement allowing for the transportation of school children.

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     (3) The Rhode Island department of education (RIDE) has verified compliance with

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subsections (a)(1) and (a)(2) of this section.

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     (4) As applicable, the provider driver obtains a school bus certificate, governed by the

 

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division of motor vehicles regulation 280-RICR-30-05-2.

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     (5) As applicable, the provider driver obtains a pupil transportation certificate governed by

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division of motor vehicles regulation 280-RICR-30-05-5.4, on or before April 10, 2022.

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     (6) The provider driver complies with license requirements under §§ 31-10-5 and 31-22.1-

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3(10).

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     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- FOREIGN VEHICLES

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     This act would enable some Massachusetts and Connecticut based students transportation

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providers without Rhode Island licensed and registered vehicles to operate in Rhode Island, under

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limited conditions.

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     This act would take effect upon passage.

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