2024 -- S 2693

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LC005226

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

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

PROVISIONS

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: March 01, 2024

     Referred To: Senate Special Legislation and Veterans Affairs

     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. [Effective July 1, 2024.]

     (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.

     (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 miles

per hour (25 m.p.h.).

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

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

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

     (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) "Low-speed motor vehicle" or "low-speed vehicle" means a motor vehicle defined in 49

C.F.R. § 571.3 as a vehicle that is four (4) wheeled, whose speed attainable in one mile is more

than twenty miles per hour (20 m.p.h.) and not more than twenty-five miles per hour (25 m.p.h.)

on a paved level surface, is electric, and whose gross vehicle weight rating is less than three

thousand pounds (3,000 lbs.). All low-speed motor vehicles shall comply with the standards

established in 49 C.F.R. § 571.500, as amended, and pursuant thereto, shall be equipped with

headlamps, front and rear turn signal lamps, tail lamps, stop lamps, an exterior mirror mounted on

the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the

vehicle or an interior mirror, a parking brake, a windshield that conforms to the federal standards

on glazing materials, a vehicle identification number that conforms to the requirements of 49 C.F.R.

pt. 565 for such numbers, a Type 1 or Type 2 seat belt assembly conforming to 49 C.F.R. § 571.209,

installed at each designated seating position, and reflex reflectors; provided, that one reflector is

red on each side as far to the rear as practicable and one reflector is red on the rear. A low-speed

motor vehicle that meets the requirements of 49 C.F.R. § 571.500, as amended, and is equipped as

herein provided, may be registered in this state, subject to inspection and insurance requirements.

     (m) "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 (o) of this section.

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     (n) "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 (o) of this section.

     (o) "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 miles per hour (30 m.p.h.).

     (p) "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.

     (q) "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 miles per hour (30 m.p.h.).

     (r) "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 miles per hour (8 m.p.h.).

     (s) "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 miles per hour (30 m.p.h.).

     (t) "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.

     (u) "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.

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

gas.

     (w) "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.

     (x) "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.

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     (y) "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.

     (z) "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.

     (aa) "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

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

a person with a disability.

     (bb) "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.

     (cc) "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.

     (dd) "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.

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

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

     (ff) "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.

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

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

tracks.

     (hh) "Kei car" or "Kei truck" means every motor vehicle of the keijidōsha class of imported

vehicles, including, but not limited to, mini-trucks, microvans and Kei cars imported pursuant to

49 U.S.C. § 30112(b)(9), having four (4) wheels, an engine displacement of six hundred sixty cubic

centimeters (660cc) or less, an overall length of one hundred thirty inches (130") or less, an overall

height of seventy-eight inches (78") or less, and an overall width of sixty inches (60") or less.

     SECTION 2. Section 31-3-5 of the General Laws in Chapter 31-3 entitled "Registration of

Vehicles" is hereby amended to read as follows:

     31-3-5. Grounds for refusal of registration.

     The division of motor vehicles shall refuse registration or any transfer of registration upon

any of the following grounds:

     (1) That the application contains any false or fraudulent statement, or that the applicant has

failed to furnish required information, or reasonable additional information requested by the

division of motor vehicles, or that the applicant is not entitled to the issuance of registration of the

vehicle under chapters 3 — 9 of this title;

     (2) That the vehicle is mechanically unfit or unsafe to be operated upon the highways;

     (3) That the division of motor vehicles has reasonable ground to believe that the vehicle is

a stolen or embezzled vehicle, or that the granting of registration would constitute a fraud against

the rightful owner;

     (4) That the registration of the vehicle stands suspended or revoked for any reason as

provided in the motor vehicle laws of this state;

     (5) That the vehicle has been reported by any city or town to the division of motor vehicles

as having unpaid fines in the aggregate amount of two hundred dollars ($200) or more, including

any and all interest, penalties, or other monetary amount that may be imposed for failure to pay the

fines by a specified date; provided, the registration shall be issued upon presentation of proof of

payment of the outstanding fines, including any and all interest, penalties, or other monetary

amount owed to the cities or towns reporting the unpaid fines. When the division of motor vehicles

denies a registration to any person pursuant to this subsection, the city or town requesting the denial

of registration shall add a five-dollar ($5.00) fee to the aggregate value of the sum of the fines and,

upon payment, shall transmit the fee to the division of motor vehicles. The provisions of this

subsection shall not apply to any vehicle owned by a rental company, as defined in § 31-34.1-1;

     (6) That the vehicle does not comply with regulations promulgated pursuant to § 23-23-

5(18);

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     (7) That the vehicle does not comply with the provisions of chapter 47.1 of this title and

any rules and regulations promulgated under that chapter;

     (8) That a commercial motor vehicle is being operated by a commercial motor carrier that

has been prohibited from operating in interstate commerce by a federal agency with authority to do

so under federal law; or

     (9) That the registered owner of a vehicle failed to pay the required toll amounts,

administrative fees, and fines as prescribed in § 24-12-37; or

     (10) That the vehicle is a "Kei car" or "Kei truck". Provided, however, that the registrant

of any "Kei car" or "Kei truck" which was validly registered as of August 1, 2021, shall not be

denied renewal of that registration based solely on the vehicle type; and further, provided that, any

such registrations shall not be permitted to be transferred. "Kei cars" or "Kei trucks" shall be

prohibited from operation on limited access highways, state highways, or through highways as

defined in § 31-1-23 or on any public highway or roadway with a speed limit of more than thirty-

five miles per hour (35 mph). Nothing in this subsection, however, shall be construed to prohibit a

"Kei car" or "Kei truck" from crossing a public highway at an intersection where the public highway

to be crossed has a posted speed limit between thirty-five miles per hour (35 mph) and forty-five

miles per hour (45 mph); provided the public highway the "Kei car" or "Kei truck" is traveling on

and the public highway the "Kei car" or "Kei truck" is crossing the intersection toward both have a

speed limit no higher than thirty-five miles per hour (35 mph) and the intersection is controlled by

traffic signals or stop signs.

     SECTION 3. This act shall take effect on July 1, 2024.

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LC005226

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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 include "Kei cars" or "Kei trucks" as having restricted public highway use

and those vehicles validly registered as of August 1, 2021, would not be denied renewal of that

registration based solely on the vehicle type.

     This act would take effect on July 1, 2024.

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