2026 -- H 7725

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LC005112

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- EQUIPMENT AND ACCESSORIES

GENERALLY

     Introduced By: Representative Brandon T. Voas

     Date Introduced: February 12, 2026

     Referred To: House Corporations

     (Dept. of Transportation)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-23-1 of the General Laws in Chapter 31-23 entitled "Equipment

and Accessories Generally" is hereby amended to read as follows:

     31-23-1. Driving of unsafe vehicle — Disobedience of requirements — Inspections of

motor carriers — Fines.

     (a) It is a civil violation for any person to drive or move, or for the owner, employer or

employee to cause or knowingly permit to be driven or moved, on any highway any vehicle or

combination of vehicles which is in such an unsafe condition as to endanger any person, or which

does not contain those parts or is not at all times equipped with lamps and other equipment in proper

condition and adjustment as required in this chapter or chapter 24 of this title, or for any person to

do any act forbidden or fail to perform any act required under these chapters.

     (b)(1) For the purpose of reducing the number and severity of accidents, all commercial

motor vehicles must meet applicable standards set forth in this chapter and chapter 24 of this title

and in the federal motor carrier safety regulations (FMCSR) contained in 49 CFR Parts 387 and

390-399, and the Hazardous Materials Regulations in 49 CFR Parts 107 (subparts F and G only),

171-173, 177, 178 and 180, as amended except as may be determined by the administrator to be

inapplicable to a state enforcement program, as amended and adopted by the U.S. Department of

Transportation (U.S. DOT), Federal Motor Carrier Safety Administration, as may be amended from

time to time. Part 391.11(b)(1) of FMCSR, 49 CFR 391.11(b)(1) shall not apply to intrastate drivers

of commercial motor vehicles except for drivers of school buses and vehicles placarded under 49

CFR Part 172, Subpart F. Rules and Regulations shall be promulgated by the director of the

department of revenue for the administration and enforcement of motor carrier safety. The rules

and regulations shall be promulgated to ensure uniformity in motor carrier safety enforcement

activities and to increase the likelihood that safety defects, driver deficiencies, and unsafe carrier

practices will be detected and corrected.

     (2) Effective April 1, 2027, every carrier that operates a motor vehicle engaged in intrastate

commerce must be permanently marked with a USDOT number assigned in a manner conforming

to the provisions of 49 CFR 390.21T.

     (3) For purposes of § 31-23-1(b)(2), the following vehicles which operated solely within

the State of Rhode Island are exempted from the vehicle marking and DOT number requirements:

     (i) Vehicles owned and operated by the State of Rhode Island or a political subdivision

thereof;

     (ii) Vehicles carrying "hazardous materials" that are owned and operated by a city, town

or agency of the State of Rhode Island, but this exemption shall not apply to a private contractor

transporting hazardous materials on behalf of a city, town or an agency of the State of Rhode Island;

     (iii) Transit-type buses operated by cities or towns that are used to transport persons locally

and which are marked with the name of the municipal bus company or its logo;

     (iv) Buses operated by the Rhode Island public transit authority including the vehicles

operated under the ride program;

     (v) School buses and school pupil transport vehicles that transport students and or pupils

locally; and

     (vi) Vehicles of professional driving schools that are used to provide driving skills training

for Class A, B, or C commercial driver licenses.

     (2)(4) Any carrier convicted of violating the rules and regulations established pursuant to

this subsection shall be fined as provided in § 31-41.1-4 for each offense.

     (c) For the purposes of this section, “carrier” is defined as any company or person who

furthers their commercial or private enterprise by use of a vehicle that has a gross vehicle weight

rating (GVWR) of ten thousand and one (10,001) or more pounds, or that transports hazardous

material or gross combination weight rating, or gross vehicle weight or gross combination weight

of ten thousand one pounds (10,001 lbs.) or more, whichever is greater; or is designed or used to

transport more than eight (8) passengers, including the driver, for compensation; or is designed or

used to transport more than fifteen (15) passengers including the driver, and is not used to transport

passengers for compensation; or is used in transporting hazardous material and transported in a

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quantity requiring placarding.

     (d) Authorized examiners, investigators, officers, or regulatory inspectors from the

department of revenue with proper identification issued by the director of the department of

revenue, the state police, and local law enforcement officials with proper identification certifying

they are qualified motor carrier enforcement personnel trained according to subsection (f) of this

section, shall have a right of entry and authority to examine all equipment of motor carriers and

lessors and enter upon and perform inspections of motor carrier vehicles in operation. They shall

have authority to inspect, examine, and copy all accounts, books, records, memoranda,

correspondence and other documents of the motor carriers and or lessors and the documents,

accounts, books, records, correspondence, and memoranda of any person controlling, controlled

by, or under common control of any carrier which relate to the enforcement of this chapter.

     (e)(1) Authorized examiners, investigators, officers, or regulatory inspectors from the state

police, local law enforcement officials or the department of revenue shall declare “out of service”

any motor vehicle which, by reason of its mechanical condition or loading, is so imminently

hazardous to operate as to be likely to cause an accident or a breakdown. An “out of service vehicle”

sticker shall be used to mark vehicles out of service. The “out of service vehicle” sticker shall be

affixed to the driver’s window on power units placed out of service and, affixed to the left front

corner of trailers or semi-trailers placed out of service.

     (2) No person shall remove the “out of service vehicle” sticker from any motor vehicle

prior to completion of all repairs required by the “out of service” notice.

     (3) Any motor vehicle discovered to be in an unsafe condition while being operated on the

highway may be continued in operation only to the nearest place where repairs can be safely

effected.

     (4) Operation in an unsafe condition will be conducted only if it is less hazardous to the

public than to permit the vehicle to remain on the highway.

     (5) A motor carrier shall not require or permit a person to operate a motor vehicle declared

out of service until all the repairs required by the out of service notice are satisfactorily completed.

     (6) Any person convicted of unauthorized removal or causing to be removed an “out of

service vehicle” sticker shall be fined as provided in § 31-41.1-4.

     (7) Any person convicted of operating or causing to operate an “out of service vehicle” on

a public highway shall be fined as provided in § 31-41.1-4.

     (f) In order to enforce the provisions of this section, authorized examiners, investigators,

officers, or regulatory inspectors must satisfactorily complete a course of instruction as prescribed

by the U.S. Department of Transportation (U.S. DOT), Federal Motor Carrier Safety

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Administration in the federal motor carrier safety regulations (FMCSR) safety inspection

procedures, and out of service criteria with at least annual in-service training covering the

prescribed instruction. Inspector certification and annual in-service trainings are to be managed by

the Rhode Island state police as the lead Motor Carrier Safety Administration Program agency.

     (g) Violations of the provisions of this section shall be recorded in the commercial vehicle

inspection report approved by the U.S. Department of Transportation (U.S. DOT), Federal Motor

Carrier Safety Administration in addition to the appropriate Rhode Island state uniform summons.

     (h) Any fine imposed as a result of a violation of this section shall not be subject to any

additional assessments imposed pursuant to any other laws of the state of Rhode Island.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- EQUIPMENT AND ACCESSORIES

GENERALLY

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     This act would, effective April 1, 2027, require every vehicle that operates in intrastate

commerce be permanently marked with a USDOT number.

     This act would take effect upon passage.

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