Chapter
147
2008 -- H 7648 SUBSTITUTE A AS AMENDED
Enacted 07/01/08
A N A C T
RELATING TO MOTOR AND
OTHER VEHICLES - SPECIAL LICENSE FOR
MOTORCYCLES, MOTOR
SCOOTERS AND OTHER MOTOR DRIVEN CYCLES
Introduced By: Representatives Carter, Gallison, Fellela, Rose, and Almeida
Date Introduced: February
26, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Section 31-10.1-1.1 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:
31-10.1-1.1.
Motorcycle driver education program. -- (a) The board of governors for
higher
education and the office of higher education shall through the Community
College of
Rhode
Island provide a minimum of six (6)
and up to a maximum of twenty (20) hours of
classroom
instruction and/or on-the-road driver training, as determined by the department
board
and/or
the Community College of Rhode Island,
for applicants or prospective applicants for a first
motorcycle
operator's license under this chapter. Instruction shall be given by a person
eligible for
a
teacher's certificate issued under the authority of the state board of regents and/or
certified to
teach
motorcycle safety classes by completion of a course of instruction recognized
by the
Community
College of Rhode Island. No person
teaching classroom or on-the-road instruction
under
this section shall own, be employed by, or be associated with a commercial
driving school.
(b) Motorcycle driver education programs shall be available to any eligible
resident
applicant
holding a valid Rhode Island motor vehicle operator's license.
(c) The board of governors for higher education shall establish any fees that
are deemed
necessary
to support this program.
(d) The board of governors for higher education and the office of higher
education are
authorized
to establish regulations to further implement this section chapter.
SECTION
2. Chapter 31-10.1 of the General Laws entitled "Special License for
Motorcycles,
Motor Scooters, and Other Motor Driven Cycles" is hereby amended by adding
thereto
the following section:
31-10.1-1.2.
Department approved motorcycle rider education program Approved
motorcycle
rider education program. – (a)
The board of governors for higher education and/or
the
Community College of Rhode Island may certify motorcycle dealers engaged in
selling
motorcycles
or an association engaged in motorcycle safety to provide motorcycle driver
education
courses in the state if the curriculum used during the course of instruction is
certified
by
the Motorcycle Safety Foundation, or other programs approved by the board
and/or the
Community
College of Rhode Island.
(b)
The course shall provide students with a minimum of sixteen and a half (16 1/2)
hours
of
combined classroom instruction, and on the range motorcycle training for a
beginner rider
course,
and a minimum of five (5) hours for a licensed rider course.
(c)
In order for an instructor to teach in a motorcycle rider education program in
the state,
the
person shall meet all of the following requirements:
(1)
Must be twenty-one (21) years of age or older, and must possess a valid drivers
license
recognized by the state of Rhode Island for at least three (3) consecutive
years;
(2)
Possess a high school diploma or GED;
(3)
Must be certified by the Motorcycle Safety Foundation as an instructor;
(4)Must
be licensed to teach motorcycle training in the state of Rhode Island;
(5)
An instructor has not had more than one moving traffic violation within one
year prior
to
obtaining certification; not more than two (2) moving violations within a three
(3) year period
prior
to licensure as a motorcycle rider education instructor; and not more than
three (3) moving
violations
within a five (5) year period prior to licensure as a motorcycle rider
education
instructor;
(6)
An instructor has not had their driving privileges suspended or revoked in the
five (5)
preceding
years prior to obtaining certification by the state of Rhode Island;
(7)
An instructor has no driving under the influence of alcohol or drug convictions
within
ten
(10) years prior to obtaining certification by the state of Rhode Island as a
motorcycle rider
education
instructor;
(8)
Must successfully pass a criminal background check by the department;
(9)
For out of state instructors, the person must provide the department with a
certified
copy
of their driving record from the previous five (5) years.
(d)
Class sizes shall not exceed twenty-four (24) students in the classroom, and
twelve
(12)
on the range during instruction.
(e)
A student, unless specified under section 31-10.1-2, who successfully completes
a
department
approved motorcycle rider education program's skills and written test
requirements,
shall
be deemed compliant with section 31-10.1-1.1 and exempted from the road test
under
section
31-10.1-3 provided the student passes a written, vision and road sign
examination at a
department
licensing facility. In order to take the written, vision and road sign
examination under
section
31-10.1-3 the student shall bring their Motorcycle Safety Foundation completion
card and
a
road test waiver form provided by the rider education program where the course
was
successfully
completed. The road test waiver form shall include the following:
(1)
Student's full name, as written on their valid drivers license;
(2)
Motorcycle Safety Foundations' Basic Rider Course Completion Card number;
(3)
Course completion date;
(4)
Dealership or association name;
(5)
Dealership or association contact name;
(6)
MSF Rider Education Recognition Program number, or equivalent;
(7)
Instructor's name, signature and Motorcycle Safety Foundation number or an
identifier
from any other program approved by the board and/or the Community College of
Rhode
Island instructor number.
(f)
The department or the Community College of Rhode Island has the right to
inspect
ranges
to ensure they fulfill the Motorcycle Safety Foundation's range standards for
motorcycle
training.
The department shall have the right to inspect the courses authorized under
this section
at
any time. The entity providing the motorcycle rider education program shall
maintain records
for a
minimum of two (2) years, including those who participated in the class, those
who
successfully
completed the class, and those individuals who failed any portion of the class.
(g)
No state subsidies shall be provided to a dealer or association for operating a
motorcycle
driver education program under this section.
(h)
The state of Rhode Island shall not be liable for any acts or omissions on the
part of
motorcycle
dealers and/or associations in the implementation of the motorcycle rider
education
program
pursuant to this section.
(i)
Each dealership and/or association seeking to provide a motorcycle driver
education
course
under this chapter shall pay an application fee of seven hundred and fifty
dollars ($750)
and a
yearly renewal fee of one hundred dollars ($100) to the office of higher
education for the
purpose
of program oversight.
SECTION
3. Section 31-10-35 of the General Laws in Chapter 31-10 entitled
"Operators'
and
Chauffeurs' Licenses" is hereby amended to read as follows:
31-10-35.
Commercial drivers' school license required. -- No person, unless
licensed
under
the provisions of this chapter, shall engage in the business of giving
instruction for
compensation
in the driving of motor vehicles and motorcycles. However, no license shall be
required
of a person who is engaged in teaching in a regularly recognized secondary
school or
college
driver training program or a program in section 31-10.1-1.2, which is
approved by the
division
of motor vehicles.
SECTION
4. This act shall take effect upon passage.
=======
LC01796/SUB A/2
=======