law19088-08

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art.008/2/008/1

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ARTICLE 8

RELATING TO TRANSPORTATION

SECTION 1. Section 31-25-21 of the General Laws in Chapter 31-25 entitled "Size,

Weight, and Load Limits" is hereby amended to read as follows:

31-25-21. Power to permit excess size or weight of loads. [Effective January 1, 2019.]

(a) The department of transportation, with respect to highways under its jurisdiction, may,

in its discretion, upon application in writing and good cause being shown for it, approve the

issuance of a special permit in writing by the division of motor vehicles authorizing the applicant

to operate or move a vehicle, or combination of vehicles, of a size or weight of vehicle or load

exceeding eighty thousand pounds (80,000 lbs.) or otherwise not in conformity with the provisions

of chapters 1 -- 27 of this title upon any highway under the jurisdiction of the party granting the

permit and for the maintenance of which the party is responsible. Permits that have been issued for

a full year shall not be required to be renewed for the period of time for which payment has been

made and the application and other required documentation has been completed and filed. Provided,

that neither the department of transportation nor the local authorities may approve the issuance of

permits for divisible loads weighing in excess of one hundred four thousand-eight hundred pounds

(104,800 lbs.), gross vehicle weight, for five-axle (5) vehicles and seventy-six thousand six hundred

fifty pounds (76,650 lbs.), gross vehicle weight, for three-axle (3) vehicles.

(1) Provided, however, that for milk products, any vehicle carrying fluid milk products

shall be considered a load that cannot be easily dismantled or divided.

(b) The director of the department of transportation may enter into agreements with other

states, the District of Columbia, and Canadian provinces providing for the reciprocal enforcement

of the overweight or over-dimensional vehicle permit laws of those jurisdictions entering into the

agreement.

the division of motor vehicles for the issuance of each non-reducible vehicle or load permit.;

provided, however, applicants seeking a permit for a non-divisible load exceeding one hundred

thirty thousand pounds (130,000 lbs.) shall pay a fee of three hundred dollars ($300.00) to the

division of motor vehicles for consideration of a special trip permit approved by the department of

transportation pursuant to subsection (e).

(d) Annual fee. An annual fee of three hundred dollars ($300) four hundred dollars ($400)

paid to the division of motor vehicles shall exempt the payor from the necessity of paying trip

permit fees for non-divisible loads of less than one hundred thirty thousand pounds (130,000 lbs.)

as found in subsection (c). However, payment of the fee shall not be deemed to authorize non-

compliance with the rules and regulations promulgated by the department of transportation entitled

"State of Rhode Island Manual for Overweight and Oversize Vehicle Permits".

(e) Blanket construction equipment permits may be issued, as determined by the

department of transportation, for intrastate movement of non-reducible loads upon payment of the

fee set forth in subsection (d). The duration of the blanket permit may not exceed one year, and the

construction equipment permit load shall be limited to a minimum overall length of fifty-five feet

(55'), a maximum overall length of eighty feet (80'), and a maximum width of twelve feet four

inches (12' 4"), provided that neither the division of motor vehicles nor local authorities may issue

blanket permits for non-divisible loads weighing in excess of one hundred thirty thousand pounds

(130,000 lbs.) on less than six (6) axles, with individual axle weights exceeding twenty-five

thousand pounds (25,000 lbs.); provided, further, that the department of transportation, with respect

to highways under its jurisdiction, may, in its discretion and upon application and for good cause

shown, approve the issuance of a special trip permit authorizing the applicant to exceed one hundred

thirty thousand pounds (130,000 lbs.) for non-divisible loads. A flashing amber light shall be in

operation above the highest point of the vehicle and shall be visible from both the front and rear of

the vehicle; and signs and red warning flags shall be affixed to all extremities. All blanket permits

issued in accordance with this section shall be effective during daylight and night-time hours for

all over-dimensional moves made and travel shall be allowed on state highways. The following

restrictions on travel times shall apply to:

(1) Freeways -- in general.

No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm

and 7:00 pm on any day of the week.

(2) Arterial roadways.

No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm

and 7:00 pm, Monday through Friday.

(3) Holidays.

Memorial Day, Victory Day, Labor Day and Columbus Day -- No Saturday, Sunday, or

Monday day or night travel.

Thanksgiving Day -- No Wednesday night or Thursday day or night travel. No travel on

Wednesday through Sunday of Thanksgiving week in any calendar year.

Independence Day, Veterans Day, Christmas Day -- No day or night travel and no travel

the previous night.

Easter Sunday. No Saturday night or Sunday travel.

(f) Construction equipment blanket permits shall not be granted for travel over the

following bridges:

Blackstone River Viaduct 750 carrying I-295 northbound and southbound over the

Blackstone River;

Kingston Road Bridge No. 403 carrying I-95 northbound and southbound over Kingston

Road.

(g) Travel of blanket permitted construction equipment through zones with reductions in

lane width such as construction zones will not be allowed. Prior to travel, blanket permit holders

are responsible to verify the location of construction zones and lane width reductions. Locations of

lane width reduction zones are available through the state department of transportation's

construction office.

SECTION 2. Sections 39-18.1-4 and 39-18.1-5 of the General Laws in Chapter 39-18.1

entitled "Transportation Investment and Debt Reduction Act of 2011" are hereby amended to read

as follows:

39-18.1-4. Rhode Island highway maintenance account created.

(a) There is hereby created a special account in the intermodal surface transportation fund

as established in § 31-36-20 that is to be known as the Rhode Island highway maintenance account.

(b) The fund shall consist of all those moneys that the state may from time to time direct

to the fund, including, but not necessarily limited to, moneys derived from the following sources:

(1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than

those with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid

by each vehicle or truck owner in order to register that owner's vehicle or truck and upon each

subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00)

each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013, through June 30,

2014, twenty dollars ($20.00) from July 1, 2014, through June 30, 2015, and thirty dollars ($30.00)

from July 1, 2015, through June 30, 2016, and each year thereafter.

(i) For owners of vehicles or trucks with the following plate types, the surcharge shall be

as set forth below and shall be paid in full in order to register the vehicle or truck and upon each

subsequent renewal:

Plate Type Surcharge

Antique $5.00

Farm $10.00

Motorcycle $13.00

(ii) For owners of trailers, the surcharge shall be one-half (1/2) of the biennial registration

amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.

(2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than

those with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks

subject to annual registration, to be paid annually by each vehicle or truck owner in order to register

that owner's vehicle or truck and upon each subsequent annual registration. This surcharge will be

phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars ($5.00)

from July 1, 2013, through June 30, 2014, ten dollars ($10.00) from July 1, 2014, through June 30,

2015, and fifteen dollars ($15.00) from July 1, 2015, through June 30, 2016, and each year

thereafter.

(i) For registrations of the following plate types, the surcharge shall be as set forth below

and shall be paid in full in order to register the plate, and upon each subsequent renewal:

Plate Type Surcharge

Boat Dealer $6.25

Cycle Dealer $6.25

In-transit $5.00

Manufacturer $5.00

New Car Dealer $5.00

Used Car Dealer $5.00

Racer Tow $5.00

Transporter $5.00

Bailee $5.00

(ii) For owners of trailers, the surcharge shall be one-half (1/2) of the annual registration

amount and shall be paid in full in order to register the trailer and upon each subsequent renewal.

(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars

and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five

cents ($6.25) from July 1, 2013, through June 30, 2014, and twelve dollars and fifty cents ($12.50)

from July 1, 2014, through June 30, 2015, and each year thereafter.;

(3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor

vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge

will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars

($10.00) from July 1, 2013, through June 30, 2014, twenty dollars ($20.00) from July 1, 2014,

through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015, through June 30, 2016, and

each year thereafter. In the event that a license is issued or renewed for a period of less than five

(5) years, the surcharge will be prorated according to the period of time the license will be valid;

(4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31,

except for fees assessed pursuant to §§ 31-10-31(6) and (8), shall be deposited into the Rhode Island

highway maintenance account, provided that for fiscal years 2016, 2017, and 2018 these fees be

transferred as follows:

(i) From July 1, 2015, through June 30, 2016, twenty-five percent (25%) will be deposited;

(ii) From July 1, 2016, through June 30, 2017, fifty percent (50%) will be deposited; and

(iii) From July 1, 2017, through June 30, 2018, sixty percent (60%) will be deposited; and

(iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be

deposited;

(5) All remaining funds from previous general obligation bond issues that have not

otherwise been allocated.

this section shall be deposited in the Rhode Island highway maintenance account and shall be used

only for the purposes set forth in this chapter. The remaining funds shall be retained as general

revenues to partially offset cost of collections.

(d) Unexpended balances and any earnings thereon shall not revert to the general fund but

shall remain in the Rhode Island highway maintenance account. There shall be no requirement that

monies received into the Rhode Island highway maintenance account during any given calendar

year or fiscal year be expended during the same calendar year or fiscal year.

(e) The Rhode Island highway maintenance account shall be administered by the director,

who shall allocate and spend monies from the fund only in accordance with the purposes and

procedures set forth in this chapter.

39-18.1-5. Allocation of funds.

(a) The monies in the highway maintenance fund to be directed to the department of

transportation pursuant to subsection (a)(1) of this section shall be allocated through the

transportation improvement program process to provide the state match for federal transportation

funds, in place of borrowing, as approved by the state planning council. The expenditure of moneys

in the highway maintenance fund shall only be authorized for projects that appear in the state's

transportation improvement program.

(b) Provided, however, that beginning with fiscal year 2015 and annually thereafter, the

department of transportation will allocate necessary funding to programs that are designed to

eliminate structural deficiencies of the state's bridge, road, and maintenance systems and

infrastructure.

in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island

public transit authority for operating expenditures.

(d) Provided, further, that from July 1, 2017, through June 30, 2019 and annually thereafter,

in addition to the amount above, the Rhode Island public transit authority shall receive an amount

of not less than five million dollars ($5,000,000) each fiscal year.

(e) Provided, further, that the Rhode Island public transit authority shall convene a

coordinating council consisting of those state agencies responsible for meeting the needs of low-

income seniors and persons with disabilities, along with those stakeholders that the authority deems

appropriate and are necessary to inform, develop, and implement the federally required

Coordinated Public Transit Human Services Transportation Plan.

The council shall develop, as part of the state's federally required plan, recommendations

for the appropriate and sustainable funding of the free-fare program for low-income seniors and

persons with disabilities, while maximizing the use of federal funds available to support the

transportation needs of this population.

The council shall report these recommendations to the governor, the speaker of the house

of representatives, and the president of the senate no later than November 1, 2018.

SECTION 3. This article shall take effect upon passage.