2021 -- H 6100

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LC002287

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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 -- DEFINITIONS AND GENERAL CODE

PROVISIONS

     Introduced By: Representatives Shanley, Vella-Wilkinson, Barros, Casey, Place, Filippi,
Casimiro, Chippendale, and Newberry

     Date Introduced: March 03, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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

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

     31-1-3. Types of vehicles.

     (a)(1) "Antique motor car" means any motor vehicle that is more than twenty-five (25)

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

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

interest. The vehicle may also be used for limited enjoyment and purposes other than the previously

mentioned activities, but may not be used primarily for the transportation of passengers or goods

over any public highway.

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

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

and other states, and may, in addition to the registration plate, retain the designation "antique" and

display an "antique plate."

     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate

designating the exact year of manufacture of the vehicle. The year of manufacture plate, as

authorized by this subsection, need only be attached to the rear of the vehicle.

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

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

solely for use in exhibitions, club activities, parades, and other functions of public interest. The

vehicle may also be used for limited enjoyment and purposes other than the previously mentioned

activities, but may not be used primarily for the transportation of passengers or goods over any

public highway; and

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

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

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

"antique" and display an "antique plate."

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

police vehicles; vehicles of the department of corrections while in the performance of official

duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of

municipal departments or public service corporations designated or authorized by the administrator

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

firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as

authorized by the department chief or commander and permitted by the Rhode Island Association

of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer

Warning Light Permits.

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

passengers other than for hire, including any motor vehicle, commonly known as a pick-up truck,

having a gross weight of eight thousand eight hundred pounds (8,800 lbs.) or less.

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

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

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

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

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

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

pick-up campers.

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

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

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

miles per hour.

     (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-

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tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion

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

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

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

that is mounted above or forward of the tow vehicle's rear axle and that is eligible to be registered

for highway use.

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

shall be considered an automobile for registration purposes.

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

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

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

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

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

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

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

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

compensation.

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

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

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

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

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

subsection (n) of this section.

     (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human

power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed

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

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

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

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

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

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

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

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 and

nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a

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

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

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

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

(g) of this section, and motorized wheelchairs.

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

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

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

or without furnishing an operator.

     (u) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by natural

gas.

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

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

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

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

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

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

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

     (x) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with

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

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

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

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

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

with a seat for only one operator and no passenger.

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

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

     (z) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three (3)

wheels operated by one person for the purpose of, or capable of, transporting additional passengers

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

not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall

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

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include a wheelchair or other vehicle with the purpose of operation by or for the transportation of

a person with a disability.

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

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

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

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

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

vehicles commonly known as station or depot wagons or any vehicle into which access can be

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

to permit the carrying of articles as well as passengers.

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

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

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

     (dd) "Trackless trolley coach" means every motor vehicle that is propelled by electric

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

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

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

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

highway use.

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

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

tracks.

     SECTION 2. Section 31-1-4 of the General Laws in Chapter 31-1 entitled "Definitions and

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

     31-1-4. Trucks and tractors.

     (a) "Covered heavy-duty tow and recovery vehicle" means a vehicle that is transporting a

disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair

facility; and, provided the vehicle has a gross vehicle weight that is equal to or exceeds the gross

vehicle weight of the disabled vehicle being transported.

     (b) "Farm tractor" means every motor vehicle designed and used primarily as a farm

implement, for drawing plows, mowing machines, and other implements of husbandry or farm

vehicles.

     (c) "Tow cars and tow trucks" means every motor vehicle ordinarily used for the purpose

of towing or removing motor vehicles or assisting disabled motor vehicles.

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     (d)(1) "Trailer transporter towing unit" means a power unit that is not used to carry property

when operating in a towaway trailer transporter combination.

     (2) "Towaway trailer transporter combination" means a combination of vehicles consisting

of a trailer transporter towing unit and two (2) trailers or semitrailers:

     (i) With a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and

     (ii) In which the trailers or semitrailers carry no property and constitute inventory property

of a manufacturer, distributor, or dealer of the trailers or semitrailers.

     (e) "Truck" means every motor vehicle designed, used, or maintained primarily for the

transportation of property. The administrator of the division of motor vehicles shall determine, in

case of doubt, if a motor vehicle is subject to registration as a truck; provided, however, that any

motor vehicle commonly known as a pick-up truck, eligible for registration as a commercial vehicle

and having a gross weight of eight thousand eight hundred pounds (8,800 lbs.) or less, may be

designated and registered as a passenger vehicle, commercial vehicle or designated as

"combination" upon application and proper form furnished by the administrator of the division of

motor vehicles to applicants. The combination plates and/or the passenger plates will allow those

vehicles to be driven for commercial and pleasure purposes.

     (f) "Truck tractor" means a non-cargo-carrying power unit that operates in combination

with a semi-trailer or trailer, except that a truck tractor and a semi-trailer or trailer engaged in the

transportation of automobiles may transport motor vehicles on part of the power unit.

     SECTION 3. This act shall take effect upon passage.

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LC002287

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- DEFINITIONS AND GENERAL CODE

PROVISIONS

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     This act would amend the definition of automobiles to include pick-up trucks weighing

eight thousand eight hundred pounds (8,800 lbs.) and permit them to be registered as passenger

vehicles.

     This act would take effect upon passage.

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LC002287

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