2024 -- S 2836

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LC004534

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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 -- OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Senators Gallo, Lawson, and DiPalma

     Date Introduced: March 22, 2024

     Referred To: Senate Special Legislation and Veterans Affairs

     (Dept. of Revenue)

It is enacted by the General Assembly as follows:

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

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

     31-10-31. Fees.

     The following fees shall be paid to the division of motor vehicles:

     (1) For every operator’s first license to operate a motor vehicle, twenty-five dollars

($25.00);

     (2) For every chauffeur’s first license, twenty-five dollars ($25.00); provided, that when a

Rhode Island licensed operator transfers to a chauffeur’s license, the fee for the transfer shall be

two dollars ($2.00);

     (3) For every learner’s permit to operate a motorcycle, twenty-five dollars ($25.00);

     (4) For every operator’s first license to operate a motorcycle, twenty-five dollars ($25.00)

fifty dollars ($50.00);

     (5) For every renewal of an operator’s or chauffeur’s license, thirty dollars ($30.00); with

the exception of any person seventy-five (75) years of age or older for whom the renewal fee will

be eight dollars ($8.00);

     (6) For every duplicate operator’s or chauffeur’s license and every routine information

update, i.e., name change or address change, twenty-five dollars ($25.00);

     (7) For every certified copy of any license, permit, or application issued under this chapter,

ten dollars ($10.00);

     (8) For every duplicate instruction permit, ten dollars ($10.00);

     (9) For every first license examination, five dollars ($5.00);

     (10) For surrender of an out-of-state license, in addition to the above fees, five dollars

($5.00).

     SECTION 2. Sections 31-10.1-1 and 31-10.1-1.2 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-wheeled (2) 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 horsepower (4.9 h.p.) and not greater than fifty cubic centimeters (50 cc), which is

capable of a maximum speed of not more than thirty miles per hour (30 m.p.h.), 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 a limited provisional license and has

satisfied the requirements of § 31-10.1-3(a) 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-wheeled (3) 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 horsepower (4.9 h.p.) and not greater than fifty cubic centimeters (50 cc), which is

capable of a maximum speed of not more than thirty miles per hour (30 m.p.h.), 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 a limited provisional license and has

satisfied the requirements of § 31-10.1-3(b) 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

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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 March 1, 2022, shall

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

motor-driven cycles without further examination.

     (d) The holder of a special license as an operator under the provisions of this chapter 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 § 31-10-6.

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

     (a) The council on postsecondary 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 council and/or the Community College of Rhode Island.

     (b)(1) The course of instruction for operation of two-wheeled (2) motorcycles shall provide

students with a minimum of sixteen and a half (16½) 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-wheeled (3) motorcycles shall provide

students with a minimum of sixteen and a half (16½) 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-year (3) period

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

violations within a five-year (5) period prior to licensure as a motorcycle rider education instructor;

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     (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)

on the range during instruction.

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

approved two-wheeled (2) 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-wheeled (3) 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 Foundation’s 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 council 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

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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

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.

     SECTION 3. Section 31-10.1-2 of the General Laws in Chapter 31-10.1 entitled "Special

License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby repealed.

     31-10.1-2. Learner’s permit.

     (a)(1) Upon applying for a first license to drive a two-wheeled (2) 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-

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

on the public highway, other than a 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-wheeled (3) 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-

wheeled (3) motorcycle which entitles the holder to operate or drive a three-wheeled (3) motorcycle

on the public highway, other than a 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:

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     (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.

     SECTION 4. This act shall take effect three (3) months after passage.

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LC004534

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

LICENSES

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     This act would amend several provisions relative to motorcycles and motor scooter license

and educational requirements including deleting the learners permit requirement for motorcycles.

     This act would take effect three (3) months after passage.

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LC004534

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