2012 -- H 7053

=======

LC00141

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Representatives Corvese, and Schadone

     Date Introduced: January 10, 2012

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 31-10-6 of the General Laws in Chapter 31-10 entitled "Operators'

1-2

and Chauffeurs' Licenses" is hereby amended to read as follows:

1-3

     31-10-6. Graduated licensing for person under the age of eighteen (18). -- (a)

1-4

Purpose. - To ensure that license holders have sufficient training and experience and to promote

1-5

safe, responsible driving, persons under the age of eighteen (18) shall be granted driving

1-6

privileges on a limited basis as follows:

1-7

      (1) Level 1 -- Limited instruction permit.

1-8

      (2) Level 2 -- Limited provisional license.

1-9

      (3) Level 3 -- Full operator's license.

1-10

      (b) Requirements and privileges. - A permit or license issued pursuant to this section

1-11

must have a color background or border that indicates the level of driving privileges granted by

1-12

the permit or license.

1-13

      (1) Limited instruction permit. - Any person who is at least sixteen (16) years of age but

1-14

less than eighteen (18) years of age may apply to the division of motor vehicles for a limited

1-15

instruction permit. The division of motor vehicles may, after the applicant has successfully

1-16

completed a course of driver training prescribed in section 31-10-19 and passed a standardized

1-17

written examination approved by the administrator of the division of motor vehicles or otherwise

1-18

complied with the requirements of section 31-10-21, issue to the applicant a limited instruction

1-19

permit which shall entitle the applicant to drive a motor vehicle only under the following

2-1

conditions:

2-2

      (i) The permit holder must be in possession of the permit;

2-3

      (ii) A supervising driver must be seated beside the permit holder in he front seat of the

2-4

vehicle when it is in motion;

2-5

      (iii) No person other than the supervising driver can be in the front seat;

2-6

      (iv) Every person occupying the vehicle being driven by the permit holder must have a

2-7

safety belt properly fastened about his or her body, or be restrained by a child passenger restraint

2-8

system as provided in section 31-22-22 when the vehicle is in motion;

2-9

      (v) The permittee shall wear a safety belt at all times unless the permittee provides the

2-10

division of motor vehicles with a statement from a physician indicating that for medical reasons

2-11

the permittee cannot wear a safety belt. A limited instruction permit shall be valid for a period of

2-12

one year, and may be extended for a reasonable period of time if the holder of the permit provides

2-13

the division of motor vehicles with evidence of a hardship. Any person who is at least sixteen

2-14

(16) years of age and is enrolled in a commercial drivers' school or in a regularly recognized

2-15

secondary school or college driver training program which is approved by the division of motor

2-16

vehicles shall not be required to have a limited instruction permit while operating a dual-control

2-17

training vehicle regularly used by that school in its driver training program and while a regular

2-18

instructor in that school or program is occupying the seat beside that person.

2-19

      (2) Limited provisional license. - A person may obtain a limited provisional license if the

2-20

person meets all of the following requirements:

2-21

      (i) (A) Has held a limited instruction permit issued by the division of motor vehicles for

2-22

at least six (6) months;

2-23

      (B) Has not been convicted of a motor vehicle moving violation or seat belt infraction

2-24

during the preceding six (6) months;

2-25

      (C) Passes a road test administered by the division of motor vehicles and shall also meet

2-26

the requirements of subsection (iii) herein.

2-27

      (ii) A limited provisional license authorizes the license holder to drive a motor vehicle

2-28

only under the following conditions:

2-29

      (A) The license holder must be in possession of the license.

2-30

      (B) The license holder may drive without supervision in any of the following

2-31

circumstances:

2-32

      (I) From 5:00 a.m. to 1:00 a.m.;

2-33

      (II) When driving to or from work;

3-34

      (III) When driving to or from an activity of a volunteer fire department, volunteer rescue

3-35

squad or volunteer emergency medical service, if the driver is a member of one of these

3-36

organizations.

3-37

      (C) The license holder may drive with supervision at any time. When the license holder

3-38

is driving with supervision, the supervising driver must be seated beside the license holder in the

3-39

front seat of the vehicle when it is in motion.

3-40

      (D) Every person occupying the vehicle being driven by the license holder must have a

3-41

safety belt properly fastened about his or her body, or be restrained by a child safety passenger

3-42

restraint system as provided in section 31-22-22 when the vehicle is in motion.

3-43

      (iii) In addition to meeting the requirements of paragraph (i) of this subdivision, a person

3-44

under the age of eighteen (18) years seeking to obtain a provisional license shall present with his

3-45

or her application a statement signed by the person's parent or guardian stating that the applicant

3-46

has obtained a minimum of fifty (50) hours of experience with ten (10) of those at night as a

3-47

driver while driving with a supervising driver. These fifty (50) hours may include driving lessons

3-48

with a commercial driving school or any other supervised driving.

3-49

      (iv) During the first twelve (12) months of a limited provisional license no more than one

3-50

passenger younger than twenty-one (21) years of age is allowed in the vehicle. Immediate

3-51

family/household members are excepted from this subsection.

3-52

      (3) Full operator's license. - (i) A person who is at least seventeen (17) years old but less

3-53

than eighteen (18) years old may apply for and obtain a full operator's license if the person meets

3-54

all of the following requirements:

3-55

      (i) (A) Has held a limited provisional license issued by the division of motor vehicles for

3-56

at least twelve (12) months;

3-57

      (B) Has not been convicted of a motor vehicle moving violation or seat belt infraction

3-58

during the preceding six (6) months.

3-59

      (ii) A person who meets the requirements of this section may obtain a full operator's

3-60

license by mail. The restrictions on Level 1 and Level 2 drivers concerning time of driving,

3-61

supervision and passenger limitations do not apply to a full operator's license.

3-62

     (C) Notwithstanding any provision of the general or public laws to the contrary, no

3-63

person shall be eligible for a Rhode Island driver’s license, unless such person shall have

3-64

completed a minimum of six (6) hours of over-the-road driver’s training from a licensed driver’s

3-65

training school in this state. This provision shall not apply to persons who seek to obtain a Rhode

3-66

Island driver’s license and who have a current driver’s license from another state.

4-67

     SECTION 2. This act shall take effect upon passage.

=======

LC00141

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'

LICENSES

***

5-1

     This act would require persons seeking a Rhode Island driver’s license to complete a

5-2

minimum of six (6) hours of over-the-road driver’s training from a licensed drivers training

5-3

school within this state.

5-4

     This act would take effect upon passage.

=======

LC00141

=======