97-H 6225
Effective Without the Governor's Signature
Jul. 8, 1997


It is enacted by the General Assembly as follows:

SECTION 1. Section 31-10.3-15 of the General Laws in Chapter 31-10.3 entitled "Rhode Island Uniform Commercial Driver's License Act" is hereby amended to read as follows:

31-10.3-15. Persons not eligible for licensing. -- The department shall not issue any license hereunder:

(1) To any person, as a commercial driver, who is under the age of twenty-one (21) years; except for intrastate operations, the applicant must be at least eighteen (18) years of age. This exception shall not apply to school bus drivers and drivers of placarded vehicles;

(2) To any person whose license or privilege has been suspended, cancelled, or revoked or otherwise withdrawn during suspension, cancellation, revocation, or withdrawal and not until such person has complied with all requirements for reinstatement;

(3) To any person who is an habitual drunkard, or is addicted to controlled substances;

(4) To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;

(5) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination;

(6) To any person when the administrator has good cause to believe that such person by reason of physical or mental disabilities would not be able to operate a motor vehicle with safety upon the highways {DEL . DEL} {ADD ; provided, however, that an insulin dependent person shall not automatically be denied a license. Each case shall be decided individually and a certification by a physician that the person is medically able to safely operate a motor vehicle shall be conclusive and a license shall be issued. ADD}

(7) To any person who is required under the laws of this state to file or deposit proof of financial responsibility and who has not deposited such proof;

(8) To any person when, after a hearing, the administrator has good cause to conclude that the operation of a motor vehicle on the highways by such person is likely to be inimical to public safety or welfare by reason of such person's past conduct in motor vehicle operation during the preceding two (2) year period. The hearing shall focus exclusively upon whether a declination to issue such license is necessary in order to protect public safety and welfare, relying upon findings of the circumstances under which each past motor vehicle offense was committed, the likelihood of recurrence and the deterrent effect that might reasonably be expected from such declination.

SECTION 2. This act shall take effect upon passage.

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