2013 -- H 6214

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LC02669

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR SCOOTERS

     Introduced By: Representatives Trillo, Costa, and Giarrusso

     Date Introduced: June 06, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-1-3 of the General Laws in Chapter 31-1 entitled "Definitions

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and General Code Provisions" is hereby amended to read as follows:

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     31-1-3. Types of vehicles. -- (a) (1) "Antique motor car" means any motor vehicle which

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is more than twenty-five (25) years old. Unless fully inspected and meeting inspection

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requirements, the vehicle may be maintained solely for use in exhibitions, club activities, parades,

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and other functions of public interest and may not be used primarily for the transportation of

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passengers or goods over any public highway;

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      (2) After the vehicle has met the requirements of state inspection, a registration plate

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may be issued to it on payment of the standard fee. The vehicle may be operated on the highways

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of this and other states, and may in addition to the registration plate retain the designation

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"antique" and display an "antique plate".

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      (b) (1) "Antique motorcycle" means any motorcycle which is more than twenty-five (25)

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years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

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maintained solely for use in exhibitions, club activities, parades, and other functions of public

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interest and may not be used primarily for the transportation of passengers or goods over any

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public highway;

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      (2) After the vehicle has met the requirements of state inspection, a registration plate

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may be issued to it on payment of the standard fee, and the vehicle may be operated on the

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highways of this and other states, and may in addition to the registration plate retain the

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designation "antique" and display an "antique plate".

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      (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol),

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police vehicles, vehicles used by Rhode Island state marshals in the department of corrections,

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vehicles used by the state bomb squad within the division of state fire marshal, vehicles of

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municipal departments or public service corporations designated or authorized by the

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administrator as ambulances and emergency vehicles; and privately owned motor vehicles of

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volunteer firefighters or privately owned motor vehicles of volunteer ambulance drivers or

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attendants, as authorized by the department chief or commander and permitted by the Rhode

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Island association of fire chiefs and Rhode Island association of police chiefs joint committee for

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volunteer warning light permits.

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      (d) "Automobile" means, for registration purposes, every motor vehicle carrying

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passengers other than for hire.

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      (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and

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similar devices, propelled exclusively by human power, and upon which a person may ride.

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      (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the

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manufacturer as complying with ANSI A119.2 Standards designed primarily as temporary living

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quarters for recreation that has either its own motive power or is mounted on or towed by another

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vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers,

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and pick-up campers.

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      (g) "Electric motorized bicycles" means a motorized bicycle which may be propelled by

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human power or electric motor power, or by both, with an electric motor rated not more than two

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(2) (S.A.E.) horsepower, which is capable of a maximum speed of not more than twenty-five (25)

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miles per hour.

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      (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing two (2)

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non-tandem wheeled device, designed to transport only one person, with an electric propulsion

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system which limits the maximum speed of the device to fifteen (15) miles per hour.

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      (i) Fifth-wheel trailer: A towable recreational vehicle, not exceeding four hundred (400)

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square feet in area, designed to be towed by a motorized vehicle that contains a towing

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mechanism that is mounted above or forward of the tow vehicle's rear axle and which is eligible

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to be registered for highway use.

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      (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse

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shall be considered an automobile for registration purposes.

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      (k) "Jitney or bus" means: (1) a "public bus" which includes every motor vehicle, trailer,

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semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

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for hire, and operated wholly or in part upon any street or highway as a means of transportation

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similar to that afforded by a street railway company, by indiscriminately receiving or discharging

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passengers, or running on a regular route or over any portion of one, or between fixed termini; or

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(2) a "private bus" which includes every motor vehicle other than a public bus or passenger van

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designed for carrying more than ten (10) passengers and used for the transportation of persons,

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and every motor vehicle other than a taxicab designed and used for the transportation of persons

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for compensation.

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      (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

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in contact with the ground and a saddle on which the driver sits astride, except bicycles with

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helper motors as defined in subsection (n) of this section.

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      (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with

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a motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

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subsection (n) of this section.

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      (n) "Motorized bicycles" means two (2) wheel vehicles which may be propelled by

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human power or helper power, or by both, with a motor rated not more than four and nine-tenths

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(4.9) horsepower and not greater than fifty (50) cubic centimeters, which are capable of a

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maximum speed of not more than thirty (30) miles per hour.

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      (o) Motorized camper: A camping recreational vehicle, built on or permanently attached

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to a self-propelled motor vehicle chassis cab or van that is an integral part of the completed

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vehicle.

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      (p) "Motorized tricycles" means tricycles which may be propelled by human power or

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helper motor, or by both, with a motor rated no more than 1.5 brake horsepower which is capable

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of a maximum speed of not more than thirty (30) miles per hour.

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      (q) "Motorized wheelchair" means any self-propelled vehicle, designed for and used by a

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person with a disability, that is incapable of speed in excess of eight (8) miles per hour.

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      (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four

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and nine-tenths (4.9) horsepower and not greater than fifty (50) one hundred fifty (150) cubic

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centimeters, which is capable of a maximum speed of not more than thirty (30) miles per hour.

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      (s) "Motor vehicle" means every vehicle which is self-propelled or propelled by electric

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power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

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exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

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(g) of this section, and motorized wheelchairs.

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      (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

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hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

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persons for compensation in any form, or motor vehicles rented for transporting persons either

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with or without furnishing an operator.

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      (u) Park trailer: A camping recreational vehicle that is eligible to be registered for

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highway use and meets the following criteria: (1) built on a single chassis mounted on wheels;

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and (2) certified by the manufacturer as complying with ANSI A119.5.

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      (v) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

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(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

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vans may be used for vanpools, transporting passengers to and from work locations, provided that

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the operator receives no remuneration other than free use of the vehicle.

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      (w) "Pedal carriages" (also known as "quadricycles") means a nonmotorized bicycle with

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four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

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transporting additional passengers in seats or on a platform made a part of or otherwise attached

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to the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed

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to it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

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transportation of a handicapped person, nor shall it include a tricycle built for a child or an adult

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with a seat for only one operator and no passenger.

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      (x) Pick-up camper: A camping recreational vehicle consisting of a roof, floor, and sides

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designed to be loaded onto and unloaded from the back of a pick-up truck.

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      (y) "Rickshaws" (also known as "pedi cabs") means a nonmotorized bicycle with three

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(3) wheels operated by one person for the purpose of, or capable of, transporting additional

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passengers in seats or on a platform made a part of or otherwise attached to the rickshaw. This

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definition shall not include a bicycle built for two (2) where the operators are seated one behind

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the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed

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thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for

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the transportation of a handicapped person.

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      (z) "School bus" means every motor vehicle owned by a public or governmental agency,

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when operated for the transportation of children to or from school; or privately owned, when

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operated for compensation for the transportation of children to or from school.

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      (aa) "Suburban vehicle" means every motor vehicle with a convertible or

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interchangeable body or with removable seats, usable for both passenger and delivery purposes,

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and including motor vehicles commonly known as station or depot wagons or any vehicle into

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which access can be gained through the rear by means of a hatch or trunk and where the rear seats

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can be folded down to permit the carrying of articles as well as passengers.

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      (bb) Tent trailer: A towable recreational vehicle that is mounted on wheels and

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constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

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for use and which is eligible to be registered for highway use.

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      (cc) "Trackless trolley coach" means every motor vehicle which is propelled by electric

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power obtained from overhead trolley wires, but not operated on rails.

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      (dd) Travel trailer: A towable recreational vehicle, not exceeding three hundred twenty

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(320) square feet in area, designed to be towed by a motorized vehicle containing a towing

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mechanism that is mounted behind the tow vehicle's bumper and which is eligible to be registered

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for highway use.

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      (ee) "Vehicle" means every device in, upon, or by which any person or property is or

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may be transported or drawn upon a highway, except devices used exclusively upon stationary

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rails or tracks.

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     SECTION 2. Sections 31-10.1-1 and 31-10.1-3 of the General Laws in Chapter 31-10.1

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entitled "Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" are

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hereby amended to read as follows:

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     31-10.1-1. License required. -- No resident of this state, except those expressly

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exempted in this chapter, shall drive any motorcycle or motor-driven cycle upon a highway in this

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state, unless the person shall first obtain a special license as an operator under the provisions of

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this chapter; provided, however, motorized bicycles and motor scooters with a motor rated not

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more than four and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters,

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which is capable of a maximum speed of not more than thirty (30) miles per hour, shall be

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exempt from the provisions of this section, but the driver of a motor scooter with a motor greater

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than fifty (50) cubic centimeters shall require a special license. No person shall be licensed

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pursuant to this chapter unless he or she shall be at least sixteen (16) years of age or unless the

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person previously has been issued a full operator's license and a motorcycle learner's permit or is

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already licensed under a prior act of this state. Any person under the age of eighteen (18) duly

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licensed under the prior act shall be eligible to have his or her license renewed in the same

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manner as persons over the age of eighteen (18). All licenses issued pursuant to this chapter shall

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reflect any requirement of the operator to wear a helmet pursuant to section 31-10.1-4.

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     31-10.1-3. Examination. -- (a) All applicants for a motorcycle, motor scooter, or motor-

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

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

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supplied by the applicant. An applicant for a motorcycle, motor scooter, or motor-driven cycle

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license shall take the road test on the type of vehicle for the operation of which the license is

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being sought.

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

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

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

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motor vehicles, be considered in compliance with this section.

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     SECTION 3. This act shall take effect upon passage.

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LC02669

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR SCOOTERS

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     This act would amend the definition of motor scooter and would provide that the road test

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for a motor scooter with greater than a fifty (50) cubic centimeter engine capacity would be taken

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on a motor scooter.

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     This act would take effect upon passage.

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LC02669

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