Bill Summary – FastDemocracy

-- H 5380 SUBSTITUTE A
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     LC000128/SUB A
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                       STATE               OF        RHODE                ISLAND
                                          IN GENERAL ASSEMBLY
                                        JANUARY SESSION, A.D. 2021
                                              ____________
                                                 AN ACT
          RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES
                Introduced By: Representatives Casimiro, and Noret
                Date Introduced: February 05, 2021
                Referred To: House Judiciary
     It is enacted by the General Assembly as follows:
         SECTION 1. Sections 31-10.1-1, 31-10.1-1.1, 31-10.1-1.2, 31-10.1-2 and 31-10.1-3 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 (2)-wheeled 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 (4.9) horsepower and not greater than fifty (50) cubic centimeters, which is capable
 of a maximum speed of not more than thirty (30) miles per hour, 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 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 (3)-wheeled 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 (4.9) horsepower and not greater than fifty (50) cubic centimeters, which is capable
 of a maximum speed of not more than thirty (30) miles per hour, 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 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 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 (2)-wheeled and three (3)-wheeled motorcycles and
 motor-driven cycles without further examination.
         31-10.1-1.1. Motorcycle driver education program.
         (a) The board of governors for higher education and the office of higher education shall
 through the Community College of Rhode Island provide:
         (1) a A minimum of six (6) and up to a maximum of twenty (20) hours of classroom
 instruction and/or on-the-road driver training, as determined by the board and/or the Community
 College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator's
 license to operate two (2)-wheeled motorcycles under this chapter; and
         (2) A minimum of six (6) and up to a maximum of twenty (20) hours of classroom
 instruction and/or on-the-road driver training, as determined by the board and/or the Community
 College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator's
 license to operate three (3)-wheeled motorcycles under this chapter. Instruction shall be given by a
 person eligible for a teacher's certificate issued under the authority of the state board of regents
 and/or certified to teach motorcycle safety classes by completion of a course of instruction
 recognized by the Community College of Rhode Island.
         (b) Motorcycle driver education programs shall be available to any eligible resident
 applicant holding a valid Rhode Island motor vehicle operator's license.
         (c) The board of governors for higher education shall establish any fees that are deemed
 necessary to support this program.
         (d) The board of governors for higher education and the office of higher education are
 authorized to establish regulations to further implement this chapter.
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         31-10.1-1.2. Approved motorcycle rider education program.
         (a) The board of governors for higher 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 board and/or the Community College of Rhode Island.
         (b)(1) The course of instruction for operation of two (2)-wheeled motorcycles shall provide
 students with a minimum of sixteen and a half (16 1/2) 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 (3)-wheeled motorcycles shall provide
 students with a minimum of sixteen and a half (16 1/2) 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 (3) year period
 prior to licensure as a motorcycle rider education instructor; and not more than three (3) moving
 violations within a five (5) year period prior to licensure as a motorcycle rider education instructor;
         (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)
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 on the range during instruction.
         (e) A student, unless specified under § 31-10.1-2, who successfully completes a department
 approved two (2)-wheeled 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 (3)-wheeled 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 Foundations' 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 board 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
 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
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 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.
         31-10.1-2. Learner's permit.
         (a)(1) Upon applying for a first license to drive a two (2)-wheeled 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 (2)-
 wheeled motorcycle which entitles the holder to operate or drive a two (2)-wheeled motorcycle on
 the public highway, other than 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 (3)-wheeled 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 (3)-
 wheeled motorcycle which entitles the holder to operate or drive a three (3)-wheeled motorcycle
 on the public highway, other than 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:
         (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.
         31-10.1-3. Examination.
         (a) All applicants for a two (2)-wheeled motorcycle, motor scooter, or motor-driven cycle
 license, except those exempted in this chapter, shall pass a written, vision, road sign, and road test
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 as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by the
 applicant.
         (b) All applicants for a three (3)-wheeled motorcycle, motor scooter, or motor-driven cycle
 license, except those exempted under this chapter, shall pass a written, vision, road sign, and road
 test, as prescribed by the administrator of the division of motor vehicles in a vehicle supplied by
 the applicant.
         (b)(c) An applicant who within six (6) months of having been certified by the department
 of elementary and secondary education as having passed a written examination, road sign, and road
 test administered by that department, shall, upon completion of an eyesight test by the division of
 motor vehicles, be considered in compliance with this section.
         SECTION 2. Chapter 31-10.1 of the General Laws entitled "Special License for
 Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended by adding
 thereto the following section:
         31-10.1-9. Recreational vehicles - Non-applicability.
         The provisions of this chapter shall not apply to the operation of recreational vehicles, as
 defined in § 31-3.2-1(8), including all classes of all-terrain vehicles; nor shall they authorize their
 registration by the division of motor vehicles.
         SECTION 3. This act shall take effect on March 1, 2022.
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                                           EXPLANATION
                                 BY THE LEGISLATIVE COUNCIL
                                                  OF
                                             AN ACT
         RELATING TO MOTOR AND OTHER VEHICLES -- THREE WHEEL VEHICLES
                                                  ***
         This act would provide that three (3)-wheeled motorcycles be included under the licensing
 requirements of the department of motor vehicles.
         This act would take effect on March 1, 2022.
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