2021 -- H 5380

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LC000128

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES

     Introduced By: Representatives Casimiro, and Noret

     Date Introduced: February 05, 2021

     Referred To: House Judiciary

     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 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) 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 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.

     (c) Any person currently licensed pursuant to this chapter, prior to September 1, 2021, shall

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

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.

     (c) The board of governors for higher education shall 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 are

authorized to establish regulations to further implement this chapter.

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

     (a) The board of governors for higher 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 and/or the Community College of Rhode Island.

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

     (c) In order for an instructor to teach in a motorcycle rider education program in the state,

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 period

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

violations within a five (5) year 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)

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on the range during instruction.

     (e) A student, unless specified under § 31-10.1-2, who successfully completes a department

approved two (2)-wheeled 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 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' 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 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

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

the public highway, other than 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 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 motorcycle which entitles the holder to operate or drive a three (3)-wheeled motorcycle

on the public highway, other than 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.

     (c) The holder of a motorcycle learner's permit who has a limited provisional license may

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 motorcycle, motor scooter, or motor-driven cycle

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

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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 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. This act shall take effect on September 1, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES

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     This act would provide that three (3)-wheeled motorcycles be included under the licensing

requirements of the department of motor vehicles.

     This act would take effect on September 1, 2021.

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