Chapter 298
2009 -- S 0457 AS AMENDED
Enacted 11/13/09
A N A C T
RELATING TO MOTOR AND OTHER VEHICLES
Introduced By: Senators Algiere, and Blais
Date
Introduced: February 25, 2009
It is enacted by the General
Assembly as follows:
SECTION 1. Sections 31-10.3-15, 31-10.3-31 and 31-10.3-33 of
the General Laws in
Chapter 31-10.3 entitled
"Rhode Island Uniform Commercial Driver's License Act" are hereby
amended to read as follows:
31-10.3-15.
Persons not eligible for licensing. -- (a) The department shall not issue any
license pursuant to this chapter:
(1) To any person, as a
commercial driver, who is under the age of twenty-one (21)
years; except for intrastate operations, the applicant must
be at least eighteen (18) years of age.
This exception shall not apply to school bus drivers
and drivers of placarded vehicles.
(2) To any person whose
license or privilege has been suspended, canceled, revoked or
otherwise withdrawn during suspension, cancellation,
revocation, or withdrawal and not until the
person has complied with all requirements for reinstatement.
(3) To any person who
is a habitual drunkard, or is addicted to controlled substances.
(4) To any person who
is required by this chapter to take an examination, unless the
person shall have successfully passed the examination.
(5) To any person when
the administrator has good cause based on clear and convincing
evidence to believe that the person does not meet a standard
of physical or mental fitness for
motor vehicle licensure established pursuant to section
31-10-44(b), and that the person's physical
or mental condition prevents him or her from being able
to operate a motor vehicle with safety
upon the highways. However, an insulin dependent person
shall not automatically be denied a
license. Each case shall be decided individually;
certification by a physician that the person is
being regularly monitored, that the person's condition is
stable and under control, and that the
person is otherwise
medically able qualified to safely operate a motor vehicle shall
be conclusive
and a license strictly limited to intrastate use
shall be issued. The license must clearly state on its
face that the license is restricted to intrastate use
only; provided, however, nothing contained in
this section shall prohibit the issuance of an interstate
license as long as all federal regulations are
met.
(6) To any person who
is required under the laws of this state to file or deposit proof of
financial responsibility and who has not deposited that proof.
(7) To any person when,
after a hearing, the administrator has good cause to conclude
that the operation of a motor vehicle on the highways by
the person is likely to pose an imminent
safety risk to the general public by reason of the person's
past conduct in motor vehicle operation
during the preceding two (2) year period. The hearing shall
focus exclusively upon whether a
declination to issue a license is necessary in order to protect
public safety, relying upon findings
of the circumstances under which each past motor vehicle
offense was committed, the likelihood
of recurrence, and the deterrent effect that might
reasonably be expected from the declination.
(b) The department
shall notify in writing any person whose application for a license has
been denied pursuant to subsection (a) of this section.
The notice shall contain the factual and
legal basis for the denial, the procedure for requesting a
hearing, and the rights afforded the
individual pursuant to section 31-11-7(d) -- (f). When physical
or mental fitness is the basis for
the denial, the notice shall refer to the specific
functional standard promulgated pursuant to
section 31-10-44(b), which was relied upon by the department.
Upon his or her request the
department shall afford the license applicant an opportunity for
a hearing as early as practical and
no later than twenty (20) days after receipt of the
request.
(c) The hearing
procedures afforded the applicant shall conform to the provisions of
section 31-11-7(d) -- (f).
31-10.3-31.
Violations -- Penalties. -- (a) It shall be
illegal for any person driving any
commercial motor vehicle as defined in this chapter to operate
or control that vehicle while under
the influence of alcohol, drugs, toluene, or any other
substance as defined in chapter 28 of title
21. For the purpose of this chapter, any person who
drives, operates, or exercises physical control
of a commercial motor vehicle while having a blood
alcohol concentration of four-one-
hundredths of one percent (.04%) or greater by weight, as shown
by a chemical analysis of a
blood, breath, or urine sample shall be guilty of the
offense of driving while under the influence
of liquor or drugs.
(b) (1) Notwithstanding any other provision of this chapter, it
shall be illegal for any
person to drive, operate, or be in physical control of a
commercial motor vehicle while having
alcohol in his or her system.
(2) The administrator
shall suspend, for at least one year, a commercial motor vehicle
operator's license or privilege who is found to have committed a
first violation of:
(i)
Driving a commercial motor vehicle under the influence of alcohol or controlled
substances;
(ii) Driving a
commercial motor vehicle while the alcohol concentration in the person's
blood, breath, or other bodily substance is
four-one-hundredths of one percent (.04%) or greater;
(iii) Leaving the scene
of an accident involving a commercial motor vehicle driven by
the person;
(iv)
Using a commercial motor vehicle in the commission of a felony;
(v) Refusing to submit to
a chemical analysis of breath, blood, or urine while operating a
commercial vehicle.
(3) If the operator
commits any of these violations while carrying hazardous materials
requiring placards under federal/state regulations, the
revocation shall be for a period of not less
than three (3) years.
(4) The administrator
shall revoke for life, which may be reduced to a period of at least
ten (10) years in accordance with department of revenue
regulations, a commercial motor vehicle
operator's license or privilege who is found to have committed a
second violation of:
(i)
Driving a commercial motor vehicle under the influence of alcohol or controlled
substances;
(ii) Driving a
commercial motor vehicle while the alcohol concentration in the person's
blood, breath, or other bodily substance is
four-one-hundredths of one percent (.04%) or greater;
(iii) Knowingly and
willfully leaving the scene of an accident involving a commercial
motor vehicle driven by the person;
(iv)
Using a commercial motor vehicle in the commission of a felony;
(v) Refusing to submit
to a chemical analysis of breath, blood, and/or urine while in a
commercial motor vehicle.
(5) The administrator
shall revoke for life the commercial motor vehicle operator's
license or privilege of any person who is found to have used
a commercial motor vehicle in the
manufacture, distribution, or dispensing of a controlled
substance or the possession with intent to
distribute, manufacture, or dispense a controlled substance.
(6) The administrator
shall suspend the commercial motor vehicle operator's license or
privilege for a period of not less than sixty (60) days of each
person who, in a three (3) year
period, has committed two (2) serious traffic violations
involving a commercial motor vehicle,
and for not less than one hundred twenty (120) days of
each person who has committed three (3)
or more serious traffic violations in a three (3) year
period.
(7) Any person
violating subsection (a) of this section shall, upon conviction, be subject
to the fines, penalties, and assessments enumerated in
section 31-27-2 for driving under the
influence of liquor or drugs; except for the provision of
license or privilege suspension of which
the license shall be withdrawn in accordance with this
chapter.
(c) Any person
violating section 31-10.3-26, relating to the license to be carried and
exhibited on demand, shall, upon conviction, be fined not less
than fifty dollars ($50.00). For a
second or subsequent conviction there shall be imposed a
fine of not less than one hundred dollars
($100), and his or her commercial license or privilege
shall be withdrawn for a period of one
month.
(d) Any person
violating section 31-27-1, relating to driving so as to endanger resulting
in death, or section 31-27-1.1, relating to driving so
as to endanger, resulting in personal injury,
shall, upon conviction, have his or her commercial license
or privilege revoked for a period of
one year. With respect to violations of sections 31-27-1
and 31-27-1.1, the commercial penalties
shall only apply while the operator is operating a
commercial vehicle; should the operator be
operating a passenger vehicle, passenger penalties shall apply
under sections 31-27-1 and 31-27-
1.1.
(e) Any person
violating section 31-10.3-27, relating to the limitation on the number of
driver licenses, shall, upon conviction, be fined not less
than two hundred fifty dollars ($250) nor
more than twenty-five hundred dollars ($2,500), and any
commercial license shall be cancelled
immediately.
(f) Any person
violating section 31-10.3-28, relating to notification required by the
employee, shall, upon conviction, be fined not less than two
hundred fifty dollars ($250) nor more
than five hundred dollars ($500).
(g) Any person
violating section 31-10.3-29, relating to employer responsibilities, shall,
upon conviction be fined not less than five hundred
dollars ($500) nor more than two thousand
five hundred dollars ($2,500).
(h) Any person
violating subdivision (b)(1) of this section, relating
to violations and
penalties, shall immediately cease operating any commercial
vehicle for a period of twenty-four
(24) hours. Failure to do so
shall result in a commercial license or privilege revocation for a
period of three (3) months and a fine of one hundred fifty
dollars ($150).
(i)
Any person violating section 31-10.3-30, relating to the requirement of a
commercial
driver's license, shall, upon conviction of a first offense,
be fined not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000);
and, upon conviction of a second or
subsequent offense, be fined not less than one thousand dollars
($1,000) nor more than two
thousand five hundred dollars ($2,500). The person's
commercial license or privilege shall be
revoked for a period of at least one year but not more than
five (5) years.
(j) The administrator
may, after notice and hearing suspend a school bus driver's
certificate or privilege to obtain a certificate for a period of
up to five (5) years from the date of
adjudication or conviction of the following:
(1) Any motor vehicle
driving offense committed by a school bus driver while operating
a self-propelled vehicle and which is a criminal
offense in the state of
committed outside the state, would be considered a criminal
offense if committed in the state of
(2) Any alcohol or drug-related
motor vehicle driving offense referred to in this section
and committed by a school bus operator who is operating a
self-propelled vehicle.
(k) (1) For purposes of this subsection an
"Out-of-Service Order" means a declaration by
the Federal Motor Carrier Safety Administration or an
authorized enforcement officer of a
federal, state,
driver of a commercial motor vehicle , a commercial motor
vehicle or a motor carrier operation is
out-of-service, pursuant to the Federal Motor Carrier Safety
Regulations contained in 49 CFR
Parts 383, 386, 387 and 390 -- 399, as amended, or
pursuant to comparable laws, or the North
American Uniform Out-of-Service
criteria.
(2) The term
"disqualified" means the withdrawal of a person's privilege to drive
a
commercial motor vehicle.
(3) Any person who
violates an out-of-service order shall be disqualified as follows
except as provided in subdivision (4) of this subsection:
(i)
A person shall be disqualified from driving a commercial motor vehicle for a
period
of ninety (90) days if convicted of a first violation of
an out-of-service order.
(ii) A person shall be
disqualified for a period of one year if convicted of a second
violation of an out-of-service order during any ten (10) year
period arising from separate
incidents.
(iii) A person shall be
disqualified for a period of three (3) years if convicted of a third or
subsequent violation of an out-of-service order during any ten
(10) year period arising from
separate incidents.
(4) Any person who
violates an out-of-service order while transporting hazardous
materials or while operating a commercial motor vehicle
designed or used to transport sixteen
(16) or more passengers
including the driver shall be disqualified as follows:
(i)
A person shall be disqualified for a period of one hundred eighty (180) days if
convicted of a first violation of an out-of-service order.
(ii) A person shall be
disqualified for a period of three (3) years if convicted of a second
or subsequent violation of an out-of-service order
during any ten (10) year period arising from
separate incidents.
(5) Notwithstanding any
other provision of law to the contrary, any driver who violates
or fails to comply with an out-of-service order is
subject to a penalty of one thousand one
hundred dollars ($1,100) in addition to disqualification
under this subsection.
(6) Any employer who
violates an out-of-service order, or who knowingly requires or
permits a driver to violate or fail to comply with an
out-of-service order, is subject to a penalty of
two thousand seven hundred fifty dollars ($2,750).
(l) Disqualification
for railroad-highway grade crossing violation.
(1) General rule. - A
driver who is convicted of operating a commercial motor vehicle in
violation of a federal, state, or local law or regulation
pertaining to one of the following six (6)
offenses at a railroad-highway grade crossing must be
disqualified for the period of time specified
in subsection ( l )(2) of this section:
(i)
For drivers who are not required to always stop, failing to slow down and check
that
the tracks are clear of an approaching train;
(ii) For drivers who
are not required to always stop, failing to stop before reaching the
crossing, if the tracks are not clear;
(iii) For drivers who
are always required to stop, failing to stop before driving onto the
crossing;
(iv)
For all drivers, failing to have sufficient space to drive completely
through the
crossing without stopping;
(v) For all drivers,
failing to obey a traffic control device or the directions of an
enforcement official at the crossing;
(vi)
For all drivers, failing to negotiate a crossing because of insufficient
undercarriage
clearance.
(2) Duration of
disqualification for railroad-highway grade crossing violation.
(i)
First violation. - A driver must be disqualified for not less than sixty (60)
days if the
driver is convicted of a first violation of a
railroad-highway grade crossing violation.
(ii) Second violation.
- A driver must be disqualified for not less than one hundred
twenty (120) days if, during any three (3) year period, the
driver is convicted of a second railroad-
highway grade crossing violation in separate incidents.
(iii) Third or
subsequent violation. - A driver must be disqualified for not less than one
year if, during any three (3) year period, the driver is
convicted of a third or subsequent railroad-
highway grade crossing violation in separate incidents.
(3) Special penalties
pertaining to railroad-highway grade crossing violations. An
employer who is convicted of a violation of section
31-10.3-29(5) is subject to a civil penalty of
not more than ten thousand dollars ($10,000).
(m) Any person shall be
subject to disqualification for a conviction of operating a
commercial motor vehicle when the operator's license is
suspended, revoked, or cancelled or the
operator is otherwise disqualified based on prior motor
vehicle convictions.
(n) Any person shall be
subject to disqualification in accordance with 49 CFR 383.51(b),
(c), (d) and (e).
(o) The administrator
shall disqualify, for up to one year, the commercial motor vehicle
operator's license or driving privilege of an operator whose
driving constitutes an imminent
hazard.
(1) For the purposes
of this section, "imminent hazard" means the existence of a
condition that presents a substantial likelihood that death,
serious illness, severe personal injury,
or a substantial endangerment to health, property, or
the environment may occur before the
reasonably foreseeable completion date of a formal proceeding begun
to lessen the risk of that
death, illness, injury or endangerment.
(p) After issuing a
disqualification for a period of thirty (30) days or less, the
administrator may provide the driver an opportunity for a hearing,
and must provide the driver
notice of a proposed disqualification period of more than
thirty (30) days and an opportunity for a
hearing to present a defense to the proposed
disqualification.
31-10.3-33.
Notification of traffic violations. -- (a) Every clerk of the courts within the
state of
resident or nonresident holder of a commercial driver's
license of any violation of state law,
federal law, or local ordinance relating to motor vehicle
traffic control, other than parking
violations, committed in a commercial motor vehicle, notify the
division of motor vehicles and
the licensing authority of the offender and the offense
committed.
(b) This notice shall
contain:
(1) The name and
residence address of the driver.
(2) The date of birth
of the driver.
(3) The social security
number and the license number of the driver and the state of
issuance.
(4) The violation of
which the driver was convicted.
(5) An indication that
the person was operating a commercial motor vehicle.
(6) The amount of any
jail time, fine, costs, or conditions assessed for the violation.
(7) The name of the
court and city or county in which the conviction occurred.
(c) The
administrator shall notify the issuing state of any revocation, suspension,
cancellation or disqualification of an out-of-state commercial
driver's license holder's privilege to
operate a commercial motor vehicle for at least sixty (60)
days. Notification shall be made no
later than ten (10) days after disqualifying, revoking,
canceling or suspending the out-of-state
commercial driver's license holder's privilege to drive a
commercial motor vehicle. Notification
shall include the disqualification and the violation which
resulted in the disqualification,
revocation, suspension or cancellation. This information shall
be recorded on the driver's record.
SECTION 2. This act shall take effect upon passage.
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LC01454
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