Chapter 06-012

2006 -- S 2011 SUBSTITUTE A

Enacted 03/30/06

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- DEFINITIONS AND GENERAL CODE PROVISIONS

Introduced By: Senators Walaska, and Alves

Date Introduced: January 10, 2006

It is enacted by the General Assembly as follows:

SECTION 1. Section 31-1-3 of the General Laws in Chapter 31-1 entitled "Definitions

and General Code Provisions" is hereby amended to read as follows:

31-1-3. Types of vehicles. -- (a) (1) "Antique motor car" means any motor vehicle which

is more than twenty-five (25) years old. Unless fully inspected and meeting inspection

requirements, the vehicle may be maintained solely for use in exhibitions, club activities, parades,

and other functions of public interest and may not be used primarily for the transportation of

passengers or goods over any public highway;

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

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

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

"antique" and display an "antique plate".

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

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

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

interest and may not be used primarily for the transportation of passengers or goods over any

public highway;

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

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

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

designation "antique" and display an "antique plate".

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

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

municipal departments or public service corporations designated or authorized by the

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

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

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

Island association of fire chiefs and Rhode Island association of police chiefs joint committee for

volunteer warning light permits.

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

passengers other than for hire.

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

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

(f) "Electric motorized bicycles" means a motorized bicycle which may be propelled by

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

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

miles per hour.

(g) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing two (2)

non-tandem wheeled device, designed to transport only one person, with an electric propulsion

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

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

shall be considered an automobile for registration purposes.

(i) "Jitney or bus" means: (1) a "public bus" which includes every motor vehicle, trailer,

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

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

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

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

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

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

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

for compensation.

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

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

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

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

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

subsection ( l ) of this section.

(l) "Motorized bicycles" means two (2) wheel vehicles which may be propelled by

human power or helper power, or by both, with a motor rated not more than ~~one and one-half~~

~~(1.5) brake horsepower or two (2) (S.A.E.) horsepower which is capable of a maximum speed of~~

~~not more than thirty (30) miles per hour~~ four and nine-tenths (4.9) horsepower and not greater

than fifty (50) cubic centimeters, which are capable of a maximum speed of not more than thirty

(30) miles per hour.

(m) "Motorized tricycles" means tricycles which may be propelled by human power or

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

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

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

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

(o) "Motor vehicle" means every vehicle which is self-propelled or propelled by electric

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

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

(f) of this section, and motorized wheelchairs.

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

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

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

with or without furnishing an operator.

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

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

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

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

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

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

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

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

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

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

with a seat for only one operator and no passenger.

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

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

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

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

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

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

the transportation of a handicapped person.

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

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

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

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

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

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

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

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

(v) "Trackless trolley coach" means every motor vehicle which is propelled by electric

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

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

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

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

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

and pick-up campers.

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

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

tracks.

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

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

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

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

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

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

to be registered for highway use.

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

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

vehicle.

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

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

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

for highway use.

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

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

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

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

(ii) certified by the manufacturer as complying with ANSI A119.5.

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

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

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

SECTION 2. Section 31-10.1-1 of the General Laws in Chapter 31-10.1 entitled "Special

License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to

read as follows:

31-10.1-1. License required. -- No resident of this state, except those expressly

exempted in this chapter, shall drive any motorcycle~~, motor scooter,~~ or motor-driven cycle upon a

highway in this state, unless the person shall first obtain a special license as an operator under the

provisions of this chapter; provided, however, motorized bicycles and motor scooters with a

motor rated not more than four and nine-tenths (4.9) horsepower and not greater than fifty (50)

cubic centimeters, which is capable of a maximum speed of not more than thirty (30) miles per

hour, shall be exempt from the provisions of this section. No person shall be licensed pursuant to

this chapter unless he or she shall be at least sixteen (16) years of age or unless the person

previously has been issued a full operator's license and a motorcycle learner's permit or is already

licensed under a prior act of this state. Any person under the age of eighteen (18) duly licensed

under the prior act shall be eligible to have his or her license renewed in the same manner as

persons over the age of eighteen (18). All licenses issued pursuant to this chapter shall reflect any

requirement of the operator to wear a helmet pursuant to section 31-10.1-4.

SECTION 3. Section 31-19.1-1 of the General Laws in Chapter 31-19.1 entitled

"Motorized Bicycles" is hereby amended to read as follows:

31-19.1-1. License required to operate. -- No person shall operate a motorized bicycle

or motor scooter upon a highway in this state unless the person has a valid license as an operator

under the provisions of chapter 10 of this title and shall be at least sixteen (16) years of age.

SECTION 4. The title of Chapter 31-19.3 of the General Laws entitled "Regulation of

Rental of Motorized Bicycles and Motorized Tricycles in New Shoreham" is hereby amended to

read as follows:

~~CHAPTER 31-19.3~~

~~Regulation of Rental of Motorized Bicycles and Motorized Tricycles in New Shoreham~~

CHAPTER 31-19.3

REGULATION OF RENTAL OF MOTORIZED BICYCLES, MOTOR SCOOTERS AND

MOTORIZED TRICYCLES IN NEW SHOREHAM

SECTION 5. Sections 31-19.3-1, 31-19.3-2, 31-19.3-3 and 31-19.3-5 of the General

Laws in Chapter 31-19.3 entitled "Regulation of Rental of Motorized Bicycles and Motorized

Tricycles in New Shoreham" are hereby amended to read as follows:

31-19.3-1. Purpose. -- The general assembly recognizes the importance of establishing

procedures and standards for the supervision and regulation of the rental of motorized bicycles,

motor scooters and motorized tricycles in the town of New Shoreham. The establishment of these

procedures and standards is declared to be a reasonable exercise of the police power of the

general assembly and necessary to afford protection against the increasing number and severity of

accidents involving motorized bicycles, motor scooters and motorized tricycles, the noise, and the

traffic congestion that their presence creates within the town. The general assembly further

declares that it is in the interest of the public health, safety, and welfare that the rental of

motorized bicycles, motor scooters and motorized tricycles in the town of New Shoreham be

supervised, regulated, and controlled in accordance with the provisions of this chapter.

31-19.3-2. Definitions. -- As used in this chapter:

(1) "Motorized bicycles" has the meaning set forth in section 31-1-3( l ).

(2) "Motorized tricycles" has the meaning set forth in section 31-1-3(n).

(3) "Motor scooters" has the meaning set forth in section 31-1-3(ee).

31-19.3-3. License required. -- No person, firm, or corporation shall offer for rent or

lease or allow to be rented or leased any motorized bicycle, motor scooter or motorized tricycle

within the town of New Shoreham, unless and until the town council of the town of New

Shoreham issues a license in accordance with the provisions of this chapter. However, any

person, firm, or corporation holding a license to rent or lease motorized bicycles, motor scooters

or motorized tricycles which has been issued by the department of administration shall be

permitted to continue to operate pursuant to the license; provided, that upon the expiration of the

license, the person, firm, or corporation shall be required to comply with the provisions of this

chapter in order to rent or lease motorized bicycles, motor scooters or motorized tricycles within

the town of New Shoreham.

31-19.3-5. Ordinances. -- (a) The town council of the town of New Shoreham may enact

reasonable ordinances establishing procedures and standards for the licensing, supervision,

regulation, and control of the rental of motorized bicycles, motor scooters and motorized

tricycles.

(b) An ordinance enacted pursuant to this section may:

(1) Establish a fee to be charged for the issuance or renewal of any license for the rental

of motorized bicycles, motor scooters and/or motorized tricycles the holder of the license is

authorized to rent or lease and shall not exceed the sum of forty dollars ($40.00) per motorized

bicycle, motor scooter or motorized tricycle.

(2) Establish a maximum number of licenses which may be granted for the rental of

motorized bicycles, motor scooters and/or motorized tricycles.

(3) Establish hours during which motorized bicycles, motor scooters and/or motorized

tricycles may be rented.

(4) Establish a maximum number of motorized bicycles, motor scooters and/or

motorized tricycles which a license holder may rent or lease under the license.

(5) Provide that no motorized bicycle, motor scooter or motorized tricycle shall be rented

or leased in the town of New Shoreham unless the operator thereof has a valid license issued

under the provisions of section 31-10-1, or a similar license issued by a state other than Rhode

Island.

(6) Require all motorized bicycles, motor scooters and/or motorized tricycles to pass

inspection annually and be issued a certificate by a duly authorized state inspection facility

indicating that the vehicle has passed inspection to be conducted at inspection agencies which

shall be created and governed by rules and regulations promulgated by the department of

administration.

SECTION 6. This act shall take effect upon passage.

=======

LC00199/SUB A

========