Chapter 231

2005 -- H 5355 SUBSTITUTE A AS AMENDED

Enacted 07/09/05

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS' LICENSES

Introduced By: Representatives McNamara, Ginaitt, T Brien, and Landroche

Date Introduced: February 08, 2005

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-10-6 of the General Laws in Chapter 31-10 entitled "Operators'

and Chauffeurs' Licenses" is hereby amended to read as follows:

31-10-6. Graduated licensing for person under the age of eighteen (18). -- (a)

Purpose. - To ensure that license holders have sufficient training and experience and to promote

safe, responsible driving, persons under the age of eighteen (18) shall be granted driving

privileges on a limited basis as follows:

      (1) Level 1 -- Limited instruction permit.

      (2) Level 2 -- Limited provisional license.

      (3) Level 3 -- Full operator's license.

      (b) Requirements and privileges. - A permit or license issued pursuant to this section

must have a color background or border that indicates the level of driving privileges granted by

the permit or license.

      (1) Limited instruction permit. - Any person who is at least sixteen (16) years of age but

less than eighteen (18) years of age may apply to the division of motor vehicles for a limited

instruction permit. The division of motor vehicles may, after the applicant has successfully

completed a course of driver training prescribed in section 31-10-19 and passed a standardized

written examination approved by the administrator of the division of motor vehicles or otherwise

complied with the requirements of section 31-10-21, issue to the applicant a limited instruction

permit which shall entitle the applicant to drive a motor vehicle only under the following

conditions:

      (i) The permit holder must be in possession of the permit;

      (ii) A supervising driver must be seated beside the permit holder in he front seat of the

vehicle when it is in motion;

      (iii) No person other than the supervising driver can be in the front seat;

      (iv) Every person occupying the vehicle being driven by the permit holder must have a

safety belt properly fastened about his or her body, or be restrained by a child passenger restraint

system as provided in section 31-22-22 when the vehicle is in motion;

      (v) The permittee shall wear a safety belt at all times unless the permittee provides the

division of motor vehicles with a statement from a physician indicating that for medical reasons

the permittee cannot wear a safety belt. A limited instruction permit shall be valid for a period of

one year, and may be extended for a reasonable period of time if the holder of the permit provides

the division of motor vehicles with evidence of a hardship. Any person who is at least sixteen

(16) years of age and is enrolled in a commercial drivers' school or in a regularly recognized

secondary school or college driver training program which is approved by the division of motor

vehicles shall not be required to have a limited instruction permit while operating a dual-control

training vehicle regularly used by that school in its driver training program and while a regular

instructor in that school or program is occupying the seat beside that person.

     (2) Limited provisional license. - A person may obtain a limited provisional license if the

person meets all of the following requirements:

      (i) (A) Has held a limited instruction permit issued by the division of motor vehicles for

at least six (6) months;

      (B) Has not been convicted of a motor vehicle moving violation or seat belt infraction

during the preceding six (6) months;

      (C) Passes a road test administered by the division of motor vehicles and shall also meet

the requirements of subsection (iii) herein.

      (ii) A limited provisional license authorizes the license holder to drive a motor vehicle

only under the following conditions:

      (A) The license holder must be in possession of the license.

      (B) The license holder may drive without supervision in any of the following

circumstances:

      (I) From 5:00 a.m. to 1:00 a.m.;

      (II) When driving to or from work;

      (III) When driving to or from an activity of a volunteer fire department, volunteer rescue

squad or volunteer emergency medical service, if the driver is a member of one of these

organizations.

      (C) The license holder may drive with supervision at any time. When the license holder

is driving with supervision, the supervising driver must be seated beside the license holder in the

front seat of the vehicle when it is in motion. The supervising driver need not be the only other

occupant in the front seat, but must be the person seated next to the license holder.

     (D) Every person occupying the vehicle being driven by the license holder must have a

safety belt properly fastened about his or her body, or be restrained by a child safety passenger

restraint system as provided in section 31-22-22 when the vehicle is in motion.

      (iii) In addition to meeting the requirements of paragraph (i) of this subdivision, a person

under the age of eighteen (18) years seeking to obtain a provisional license shall present with his

or her application a statement signed by the person's parent or guardian stating that the applicant

has obtained a minimum of fifty (50) hours of experience with ten (10) of those at night as a

driver while driving with a supervising driver. These fifty (50) hours may include driving lessons

with a commercial driving school or any other supervised driving.

(iv) During the first twelve (12) months of a limited provisional license no more than one

passenger younger than twenty-one (21) years of age is allowed in the vehicle. Immediate

family/household members are excepted from this subsection.

      (3) Full operator's license. - (i) A person who is at least seventeen (17) years old but less

than eighteen (18) years old may apply for and obtain a full operator's license if the person meets

all of the following requirements:

      (i) (A) Has held a limited provisional license issued by the division of motor vehicles for

at least twelve (12) months;

      (B) Has not been convicted of a motor vehicle moving violation or seat belt infraction

during the preceding six (6) months.

      (ii) A person who meets the requirements of this section may obtain a full operator's

license by mail. The restrictions on Level 1 and Level 2 drivers concerning time of driving,

supervision and passenger limitations do not apply to a full operator's license.

     SECTION 2. This act shall take effect upon passage.     

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LC00933/SUB A

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