law21412

Chapter 412

2021 -- S 0442 SUBSTITUTE A AS AMENDED
Enacted 07/14/2021

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES

Introduced By: Senators Lombardo, F Lombardi, Picard, Miller, Sosnowski, Murray, McCaffrey, and Raptakis

Date Introduced: February 25, 2021

It is enacted by the General Assembly as follows:

SECTION 1. Sections 31-10.1-1, 31-10.1-1.1, 31-10.1-1.2, 31-10.1-2 and 31-10.1-3 of the

General Laws in Chapter 31-10.1 entitled "Special License for Motorcycles, Motor Scooters, and

Other Motor Driven Cycles" are hereby amended to read as follows:

31-10.1-1. License required.

(a) No resident of this state, except those expressly exempted in this chapter, shall drive

any two (2)-wheeled (2) motorcycle 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 (4.9 h.p.) and not greater than fifty (50) cubic centimeters (50

cc), which is capable of a maximum speed of not more than thirty (30) miles per hour (30 m.p.h.),

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 § 31-10.1-4.

(b) No resident of this state, except those expressly exempted in this chapter, shall drive

any three-(3)-wheeled (3) motorcycle 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) years duly licensed under the prior act shall be eligible to

have their license renewed in the same manner as persons over the age of eighteen (18) years. All

licenses issued pursuant to this chapter shall reflect any requirement of the operator to wear a helmet

pursuant to § 31-10.1-4.

continue to be permitted to operate both two-(2)-wheeled (2) and three-(3)-wheeled (3) motorcycles

and motordriven cycles without further examination.

31-10.1-1.1. Motorcycle driver education program.

(a) The board of governors for higher education and the office of higher education council

on postsecondary education and the office of postsecondary commissioner shall through the

Community College of Rhode Island provide:

(1) a 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 board council on

postsecondary education and/or the Community College of Rhode Island, for applicants or

prospective applicants for a first motorcycle operator's license to operate two-(2)-wheeled (2)

motorcycles under this chapter; and

(2) 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 board council of

postsecondary education and/or the Community College of Rhode Island, for applicants or

prospective applicants for a first motorcycle operator's license to operate three-(3)-wheeled (3)

motorcycles 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 council on elementary and

secondary education and/or certified to teach motorcycle safety classes by completion of a course

of instruction recognized by the Community College of Rhode Island.

(b) Motorcycle driver education programs shall be available to any eligible resident

applicant holding a valid Rhode Island motor vehicle operator's license.

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 council

on postsecondary education and the office of postsecondary commissioner are authorized to

establish regulations to further implement this chapter.

31-10.1-1.2. Approved motorcycle rider education program.

(a) The board of governors for higher education council on postsecondary 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 council and/or the

Community College of Rhode Island.

(b)(1) The course of instruction for operation of two-(2)-wheeled (2) motorcycles 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.

(2) The course of instruction for operation of three-(3)-wheeled (3) motorcycles 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.

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 (3)

period prior to licensure as a motorcycle rider education instructor; and not more than three (3)

moving violations within a five-(5) year (5) 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 § 31-10.1-2, who successfully completes a department

approved two-(2)-wheeled (2) motorcycle rider education program's skills and written test

requirements, shall be deemed compliant with § 31-10.1-1.1(a)(1) and exempted from the road test

under § 31-10.1-3(a) provided the student passes a written, vision, and road sign examination at a

department licensing facility. A student, unless specified under § 31-10.1-2, who successfully

completes a department approved three-(3)-wheeled (3) motorcycle rider education program's skills

and written test requirements, shall be deemed compliant with § 31-10.1-1.1(a)(2) and exempted

from the road test under § 31-10.1-3(b), provided the student passes a written, vision, and road sign

examination at a department facility. In order to take the written, vision and road sign examination

under § 31-10.1-3(a) or (b) 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' Foundation’s 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 council on postsecondary education 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.

31-10.1-2. Learner's permit.

(a)(1) Upon applying for a first license to drive a two-(2)-wheeled (2) motorcycle and after

successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(1) and

after satisfying the requirements of § 31-10.1-3(a), the administrator of the division of motor

vehicles may issue a motorcycle learner's permit to take instruction in the operation of a two-(2)-

wheeled (2) motorcycle which entitles the holder to operate or drive a two-(2)-wheeled (2)

motorcycle on the public highway, other than a limited access highway, as a learner, under the

general supervision, and whether or not under the immediate control, of a licensed motorcycle

operator, at least eighteen (18) years of age.

(2) Upon applying for a first license to drive a three-(3)-wheeled (3) motorcycle and after

successfully completing a motorcycle driver education program pursuant to § 31-10.1-1.1(a)(2) and

after satisfying the requirements of § 31-10.1-3(b), the administrator of the division of motor

vehicles may issue a motorcycle learner's permit to take instruction in the operation of a three-(3)-

wheeled (3) motorcycle which entitles the holder to operate or drive a three-(3)-wheeled (3)

motorcycle on the public highway, other than a limited access highway, as a learner, under the

general supervision, and whether or not under the immediate control, of a licensed motorcycle

operator, at least eighteen (18) years of age.

(3) A person who has been issued a learner's permit may not carry passengers other than

the supervising driver on the motorcycle until the person has been licensed to operate a motorcycle.

(b) The following persons are eligible for a motorcycle learner's permit:

(1) A person who is at least sixteen (16) years old but less than eighteen (18) years old and

has a limited provisional license or a full operator's license issued by the division of motor vehicles.

(2) A person who is at least eighteen (18) years old and has a license issued by the division

of motor vehicles.

drive the motorcycle only at times when the license holder could drive a motor vehicle without

supervision pursuant to § 31-10-14.

(d) A motorcycle learner's permit expires eighteen (18) months after it is issued.

31-10.1-3. Examination.

(a) All applicants for a two-(2)-wheeled (2) motorcycle, motor scooter, or motor-driven

cycle license, except those exempted in this chapter, shall pass a written, vision, road sign, and road

test as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the

applicant.

(b) All applicants for a three-(3)-wheeled (3) motorcycle, motor scooter, or motor-driven

cycle license, except those exempted under this chapter, shall pass a written, vision, road sign, and

road test, as prescribed by the administrator of the division of motor vehicles in a vehicle supplied

by the applicant.

(b)(c) An applicant who within six (6) months of having been certified by the department

of elementary and secondary education as having passed a written examination, road sign, and road

test administered by that department, shall, upon completion of an eyesight test by the division of

motor vehicles, be considered in compliance with this section.

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:

31-10.1-9. Recreational vehicles - Non-applicability.

The provisions of this chapter shall not apply to the operation of recreational vehicles, as

defined in § 31-3.2-1(8), including all classes of all-terrain vehicles; nor shall they authorize their

registration by the division of motor vehicles.

SECTION 3. This act shall take effect on March 1, 2022.

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