House Bill #5163 (2019)

AN ACT RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM COMMERCIAL DRIVER'S LICENSE ACT

Permits applicants for commercial driver's licenses to carry over parts of the required examinations that they passed for a period of two years and require them to retake those portions not passed.

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Changes since original draft

  • 2019 – H 5163
  • 2019 – H 5163 SUBSTITUTE A
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  • LC000236
  • LC000236/SUB A/2
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM
  • COMMERCIAL DRIVER'S LICENSE ACT
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2019
  • ____________
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM
  • COMMERCIAL DRIVER'S LICENSE ACT
  • Introduced By: Representatives Phillips, Solomon, Shekarchi, Ucci, and Hawkins
  • Date Introduced: January 23, 2019
  • Referred To: House Health, Education & Welfare
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Sections 31-10.3-19 and 31-10.3-30 of the General Laws in Chapter 31- 10.3 entitled "Rhode Island Uniform Commercial Driver's License Act" are hereby amended to read as follows:
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Sections 31-10.3-19, 31-10.3-20, 31-10.3-23 and 31-10.3-30 of the General Laws in Chapter 31-10.3 entitled "Rhode Island Uniform Commercial Driver's License Act" are hereby amended to read as follows:
  • 31-10.3-19. Examination of applicants.
  • (a) The department shall examine every applicant for a commercial license or learner's permit. The examination shall include: (1) a test of the applicant's eyesight to be administered according to standards set by the Federal Motor Carrier Regulations; (2) his or her ability to read English in understanding highway signs regulating, warning, and directing traffic; (3) his or her knowledge of the traffic laws of this state; and (4) shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle or combination of vehicles of the type covered by the license classification, endorsement, or restrictions which the applicant is seeking. The examination may also include any further physical and mental examinations that the department deems necessary to determine the applicant's fitness to safely operate a motor vehicle upon the highways. Any applicant who achieves a passing grade, exhibits the proficiency required or otherwise satisfies any requirements of any part of the examination process but fails to meet any other requirements shall be permitted, for a period of up to two years, to retake only those sections which the applicant failed to pass.
  • (b) A nonresident, who establishes residence in the state of Rhode Island and makes application for a Rhode Island commercial license, shall not be required to demonstrate his or her ability to operate a motor vehicle, unless the examiner has reason to believe such a demonstration is needed; provided, that the nonresident surrenders a valid commercial license that was issued under the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C. § 31101 et seq.); may be as amended from time to time by another state.
  • (c) The department shall be permitted to promulgate rules and regulations pertaining to third-party testing for the skills tests required for commercial driver's licenses in accordance with 49 CFR Part 383, as it may be revised from time to time.
  • (a) The department shall examine every applicant for a commercial license or learner's permit. The examination shall include: (1) a test of the applicant's eyesight to be administered according to standards set by the Federal Motor Carrier Regulations; (2) his or her ability to read English in understanding highway signs regulating, warning, and directing traffic; (3) his or her knowledge of the traffic laws of this state; and (4) shallinclude an actualdemonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle or combination of vehicles of the type covered by the license classification, endorsement, or restrictions which the applicant is seeking. Each applicant shall successfully complete the skills test in the following order: pre-trip inspection, basic vehicle control skills, on-road skills. If an applicant fails one segment of the skills test the applicant cannot continue to the next segment of the test; however, scores for the passed segments of the skills test shall remain valid and an applicant will not be required to retake the segments previously passed prior to expiration of the commercial learner's permit. The examination may also include any further physical and mental examinations that the department deems necessary to determine the applicant's fitness to safely operate a motor vehicle upon the highways.
  • (b) A nonresident, who establishes residence in the state of Rhode Island and makes application for a Rhode Island commercial license, shall not be required to demonstrate his or her ability to operate a motor vehicle, unless the examiner has reason to believe such a demonstration is needed; provided, that the nonresident surrenders a valid commercial license that was issued under the requirements of the CommercialMotor Vehicle Safety Act of 1986 (see now 49 U.S.C. § 31101 et seq.); may be as amended from time to time by another state.
  • (c) The department shall be permitted to promulgate rules and regulations pertaining to third-party testing for the skills tests required for commercial driver's licenses in accordance with 49 CFR Part 383, as it may be revised from time to time.
  • 31-10.3-20. Fees.
  • The fees charged for commercial licenses, endorsements, classifications, restrictions, and required examinations shall be as follows:
  • (1) For every commercialoperator's first license, thirty dollars ($30.00);
  • (2) For every renewalof a commerciallicense, fifty dollars ($50.00);
  • (3) For every duplicate commerciallicense, ten dollars ($10.00);
  • (4) For every duplicate commercial instruction learner's permit, ten dollars ($10.00);
  • (5) For any change of:
  • (i) Classification(s), ten dollars ($10.00);
  • (ii) Endorsement(s), ten dollars ($10.00);
  • (iii) Restriction(s), ten dollars ($10.00);
  • (6) For every written and/or oralexamination, ten dollars ($10.00);
  • (7) The Rhode Island board of education shall establish fees that are deemed necessary for the Community College of Rhode Island to administer the skill test, not to exceed one hundred dollars ($100);
  • (8) For every commercial Class P (learner's permit) first license, thirty dollars ($30.00); and , sixty dollars ($60.00)
  • (9) For every renewal of a commercial Class P (learner's permit) license, thirty dollars ($30.00).
  • 31-10.3-23. Expiration of licenses.
  • Every commercial license issued by the department shall expire on the licensee's birth date in the fifth year following the initial issuance, excluding Class P (learner's permit) licenses commercial learner's permits which shall expire one hundred eighty (180) days one year from the date of initial issuance, and excluding a first issuance which shall expire on the licensee's birth
  • LC000236/SUB A/2 - Page 2of 4 date in the second year following initial issuance.
  • 31-10.3-30. Commercial driver's license required.
  • (a) Except when operating under a commercial instruction permit and accompanied by the holder of a commercial license valid for the vehicle being operated, no person shall operate a commercial motor vehicle unless the person has been issued a valid commercial driver's license containing the endorsements, classifications, or restrictions applicable to the type of vehicle being operated.
  • (a) Except when operating under a commercial instruction learner's permit and accompanied by the holder of a commercial license valid for the vehicle being operated, no person shall operate a commercial motor vehicle unless the person has been issued a valid commercial driver's license containing the endorsements, classifications, or restrictions applicable to the type of vehicle being operated.
  • (b) No person shall be issued a commercial driver's license until he or she has passed a written and driving test for the operation of a commercial motor vehicle which complies with the minimum federal standards in 49 C.F.R. Part 383, as revised from time to time, and has satisfied all other federal requirements as well as any other requirements imposed by state law subject to the provisions of § 31-10.3-19(a). The tests shall be prescribed and conducted by the department or a third party designated by the department.
  • (c) A commercial license may be issued only to a person who operates or who intends to operate commercial motor vehicles and who is domiciled in this state.
  • (c) A commercial license may be issued only to a person who operates or who intends to operate commercialmotor vehicles and who is domiciled in this state.
  • (d) A commercial license shall not be issued to a person during a period in which that person is disqualified from operating a commercial motor vehicle or while that person's license is suspended, revoked, cancelled, or otherwise withdrawn in any state or province of Canada; nor shall a commercial driver's license be issued to a person who has a license issued by any other state unless the person first surrenders the commercial driver's license issued by the other state, which license shall be returned to the issuing state for cancellation.
  • SECTION 2. This act shall take effect upon passage.
  • SECTION 2. This act shalltake effect on January 1, 2020.
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  • LC000236
  • LC000236/SUB A/2
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM
  • COMMERCIAL DRIVER'S LICENSE ACT
  • LC000236/SUB A/2 - Page 3of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO MOTOR AND OTHER VEHICLES - RHODE ISLAND UNIFORM
  • COMMERCIAL DRIVER'S LICENSE ACT
  • ***
  • This act would permit applicants for commercial driver's licenses to carry over parts of the required examinations that they passed for a period of two years and require them to retake those portions not passed.
  • This act would take effect upon passage. ======== LC000236 ========
  • This act would provide criteria for the administration of the skills test portion of a commercial driver's license exam and would allow the applicant to carry over parts of the examinations that applicants pass in sequence and require them to retake only those portions not passed.
  • This act would take effect on January 1, 2020. ======== LC000236/SUB A/2 ========
  • LC000236/SUB A/2 - Page 4of 4

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

May 08, 2019 at 4:36pm
Yeas: 63 / Nays: 3 / Not voting: 2 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Alzate Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros NV
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Caldwell Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Cassar Y
Rep. Chippendale Y
Rep. Cortvriend Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Craven Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela NV
Rep. Filippi Y
Rep. Fogarty Y
Rep. Handy Y
Rep. Hawkins Y
Rep. Hull Y
Rep. Jackson Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Kennedy Y
Rep. Kislak Y
Rep. Knight Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Lyle Y
Rep. Maldonado Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendez Y
Rep. Messier Y
Rep. Millea Y
Rep. Morin Y
Rep. Nardone Y
Rep. Newberry Y
Rep. Noret Y
Rep. O'Brien Y
Rep. Phillips Y
Rep. Place N
Rep. Price Y
Rep. Quattrocchi N
Rep. Ranglin-Vassell Y
Rep. Roberts N
Rep. Ruggiero Y
Rep. Serodio Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y

Floor vote for Passage In Concurrence

June 26, 2019 at 5:17pm
Yeas: 36 / Nays: 1 / Not voting: 1 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Bell N
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley Y
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo NV
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y