Rhode Island 2023 Regular Session

Rhode Island House Bill H5457 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO MOTOR AND OTHER VEHICLES -- DEFINITIONS AND GENERAL CODE
1616 PROVISIONS
1717 Introduced By: Representatives Cortvriend, Carson, Donovan, McGaw, Edwards, and
1818 Finkelman
1919 Date Introduced: February 08, 2023
2020 Referred To: House State Government & Elections
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Section 31-1-3 of the General Laws in Chapter 31-1 entitled "Definitions and 1
2525 General Code Provisions" is hereby amended to read as follows: 2
2626 31-1-3. Types of vehicles. 3
2727 (a)(1) “Antique motor car” means any motor vehicle that is more than twenty-five (25) 4
2828 years old. Unless fully inspected and meeting inspection requirements, the vehicle may be 5
2929 maintained solely for use in exhibitions, club activities, parades, and other functions of public 6
3030 interest. The vehicle may also be used for limited enjoyment and purposes other than the previously 7
3131 mentioned activities, but may not be used primarily for the transportation of passengers or goods 8
3232 over any public highway. 9
3333 (2) After the vehicle has met the requirements of state inspection, a registration plate may 10
3434 be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this 11
3535 and other states, and may, in addition to the registration plate, retain the designation “antique” and 12
3636 display an “antique plate.” 13
3737 (3) For any vehicle that is more than twenty-five (25) years old, the division of motor 14
3838 vehicles may also issue or approve, subject to rules and regulations that may be promulgated by 15
3939 the administrator, a “year of manufacture plate” for the vehicle that is an exact replica plate 16
4040 designating the exact year of manufacture of the vehicle. The year of manufacture plate, as 17
4141 authorized by this subsection, need only be attached to the rear of the vehicle. 18
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4545 (b)(1) “Antique motorcycle” means any motorcycle that is more than twenty-five (25) 1
4646 years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be 2
4747 maintained solely for use in exhibitions, club activities, parades, and other functions of public 3
4848 interest. The vehicle may also be used for limited enjoyment and purposes other than the previously 4
4949 mentioned activities, but may not be used primarily for the transportation of passengers or goods 5
5050 over any public highway; and 6
5151 (2) After the vehicle has met the requirements of state inspection, a registration plate may 7
5252 be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways 8
5353 of this and other states, and may, in addition to the registration plate, retain the designation 9
5454 “antique” and display an “antique plate.” 10
5555 (c) “Authorized emergency vehicle” means vehicles of the fire department (fire patrol); 11
5656 police vehicles; vehicles of the department of corrections while in the performance of official 12
5757 duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of 13
5858 municipal departments or public service corporations designated or authorized by the administrator 14
5959 as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer 15
6060 firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as 16
6161 authorized by the department chief or commander and permitted by the Rhode Island Association 17
6262 of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer 18
6363 Warning Light Permits. 19
6464 (d) “Automobile” means, for registration purposes, every motor vehicle carrying 20
6565 passengers other than for hire. 21
6666 (e) “Bicycle” means every vehicle having two (2) tandem wheels, except scooters and 22
6767 similar devices, propelled exclusively by human power, and upon which a person may ride. 23
6868 (f) “Camping recreational vehicle” means a vehicular type camping unit, certified by the 24
6969 manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living 25
7070 quarters for recreation that has either its own motor power or is mounted on, or towed by, another 26
7171 vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and 27
7272 pick-up campers. 28
7373 (g) “Electric motorized bicycle” means a motorized bicycle that may be propelled by 29
7474 human power or electric motor power, or by both, with an electric motor rated not more than two 30
7575 (2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25) 31
7676 miles per hour. 32
7777 (h) “Electric personal assistive mobility device” (“EPAMD”) is a self-balancing, non-33
7878 tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion 34
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8282 system that limits the maximum speed of the device to fifteen (15) miles per hour. 1
8383 (i) “Fifth-wheel trailer”: A towable recreational vehicle, not exceeding four hundred (400) 2
8484 square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism 3
8585 that is mounted above or forward of the tow vehicle’s rear axle and that is eligible to be registered 4
8686 for highway use. 5
8787 (j) “Hearse” means every motor vehicle used for transporting human corpses. A hearse 6
8888 shall be considered an automobile for registration purposes. 7
8989 (k) “Jitney or bus” means: (1) A “public bus” that includes every motor vehicle, trailer, 8
9090 semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers 9
9191 for hire, and operated wholly or in part upon any street or highway as a means of transportation 10
9292 similar to that afforded by a street railway company, by indiscriminately receiving or discharging 11
9393 passengers, or running on a regular route or over any portion of one, or between fixed termini; or 12
9494 (2) A “private bus” that includes every motor vehicle other than a public bus or passenger van 13
9595 designed for carrying more than ten (10) passengers and used for the transportation of persons, and 14
9696 every motor vehicle other than a taxicab designed and used for the transportation of persons for 15
9797 compensation. 16
9898 (l) ''Low-speed motor vehicle'' or ''low-speed vehicle'', means a motor vehicle defined in 17
9999 49 C.F.R. § 571.3 as a vehicle that is four (4) wheeled, whose speed attainable in one mile is more 18
100100 than twenty miles per hour (20 mph) and not more than twenty-five miles per hour (25 mph) on a 19
101-paved level surface, is electric, and whose gross vehicle weight rating is less than three thousand 20
102-pounds (3,000 lbs.). All low-speed motor vehicles shall comply with the standards established in 21
103-49 C.F.R. § 571.500, as amended, and pursuant thereto, shall be equipped with headlamps, front 22
104-and rear turn signal lamps, tail lamps, stop lamps, an exterior mirror mounted on the driver's side 23
105-of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an 24
106-interior mirror, a parking brake, a windshield that conforms to the federal standards on glazing 25
107-materials, a vehicle identification number that conforms to the requirements of 49 C.F.R. pt. 565 26
108-for such numbers, a Type 1 or Type 2 seat belt assembly conforming to 49 C.F.R. § 571.209, 27
109-installed at each designated seating position and reflex reflectors; provided, that one reflector is red 28
110-on each side as far to the rear as practicable and one reflector is red on the rear. A low-speed motor 29
111-vehicle that meets the requirements of 49 C.F.R. § 571.500, as amended, and is equipped as herein 30
112-provided, may be registered in this state, subject to inspection and insurance requirements. 31
101+paved level surface and whose gross vehicle weight rating is less than three thousand pounds (3,000 20
102+lbs.). All low-speed motor vehicles shall comply with the standards established in 49 C.F.R. § 21
103+571.500, as amended, and pursuant thereto, shall be equipped with headlamps, front and rear turn 22
104+signal lamps, tail lamps, stop lamps, an exterior mirror mounted on the driver's side of the vehicle 23
105+and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror, a 24
106+parking brake, a windshield that conforms to the federal standards on glazing materials, a vehicle 25
107+identification number that conforms to the requirements of 49 C.F.R. pt. 565 for such numbers, a 26
108+Type 1 or Type 2 seat belt assembly conforming to 49 C.F.R. § 571.209, installed at each designated 27
109+seating position and reflex reflectors; provided, that one reflector is red on each side as far to the 28
110+rear as practicable and one reflector is red on the rear. A low-speed motor vehicle that meets the 29
111+requirements of 49 C.F.R. § 571.500, as amended, and is equipped as herein provided, may be 30
112+registered in this state, subject to inspection and insurance requirements. 31
113113 (m) “Motorcycle” means only those motor vehicles having not more than three (3) wheels 32
114114 in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper 33
115115 motors as defined in subsection (n) of this section. 34
116116
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119119 (m)(n) “Motor-driven cycle” means every motorcycle, including every motor scooter, with 1
120120 a motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in 2
121121 subsection (n) of this section. 3
122122 (n)(o) “Motorized bicycles” means two-wheel (2) vehicles that may be propelled by human 4
123123 power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9) 5
124124 horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed 6
125125 of not more than thirty (30) miles per hour. 7
126126 (o)(p) “Motorized camper”: A camping recreational vehicle, built on, or permanently 8
127127 attached to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed 9
128128 vehicle. 10
129129 (p)(q) “Motorized tricycles” means tricycles that may be propelled by human power or 11
130130 helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of 12
131131 a maximum speed of not more than thirty (30) miles per hour. 13
132132 (q)(r) “Motorized wheelchair” means any self-propelled vehicle, designed for, and used 14
133133 by, a person with a disability that is incapable of speed in excess of eight (8) miles per hour. 15
134134 (r)(s) “Motor scooter” means a motor-driven cycle with a motor rated not more than four 16
135135 and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable 17
136136 of a maximum speed of not more than thirty (30) miles per hour. 18
137137 (s)(t) “Motor vehicle” means every vehicle that is self-propelled or propelled by electric 19
138138 power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved 20
139139 exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection 21
140140 (g) of this section, and motorized wheelchairs. 22
141141 (t)(u) “Motor vehicle for hire” means every motor vehicle other than jitneys, public buses, 23
142142 hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport 24
143143 persons for compensation in any form, or motor vehicles rented for transporting persons either with 25
144144 or without furnishing an operator. 26
145145 (u)(v) “Natural gas vehicle” means a vehicle operated by an engine fueled primarily by 27
146146 natural gas. 28
147147 (v)(w) “Park trailer”: A camping recreational vehicle that is eligible to be registered for 29
148148 highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and 30
149149 (2) Certified by the manufacturer as complying with ANSI A119.5. 31
150150 (w)(x) “Passenger van” means every motor vehicle capable of carrying ten (10) to fourteen 32
151151 (14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger 33
152152 vans may be used for vanpools, transporting passengers to and from work locations, provided that 34
153153
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156156 the operator receives no remuneration other than free use of the vehicle. 1
157157 (x)(y) “Pedal carriage” (also known as “quadricycles”) means a nonmotorized bicycle with 2
158158 four (4) or more wheels operated by one or more persons for the purpose of, or capable of, 3
159159 transporting additional passengers in seats or on a platform made a part of or otherwise attached to 4
160160 the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to 5
161161 it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the 6
162162 transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult 7
163163 with a seat for only one operator and no passenger. 8
164164 (y)(z) “Pick-up camper”: A camping recreational vehicle consisting of a roof, floor, and 9
165165 sides designed to be loaded onto and unloaded from the back of a pick-up truck. 10
166166 (z)(aa) “Rickshaw” (also known as “pedi cab”) means a nonmotorized bicycle with three 11
167167 (3) wheels operated by one person for the purpose of, or capable of, transporting additional 12
168168 passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This 13
169169 definition shall not include a bicycle built for two (2) where the operators are seated one behind the 14
170170 other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed thereto, 15
171171 nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the 16
172172 transportation of a person with a disability. 17
173173 (aa)(bb) “School bus” means every motor vehicle owned by a public or governmental 18
174174 agency, when operated for the transportation of children to or from school; or privately owned, 19
175175 when operated for compensation for the transportation of children to or from school. 20
176176 (bb)(cc) “Suburban vehicle” means every motor vehicle with a convertible or 21
177177 interchangeable body or with removable seats, usable for both passenger and delivery purposes, 22
178178 and including motor vehicles commonly known as station or depot wagons or any vehicle into 23
179179 which access can be gained through the rear by means of a hatch or trunk and where the rear seats 24
180180 can be folded down to permit the carrying of articles as well as passengers. 25
181181 (cc)(dd) “Tent trailer”: A towable recreational vehicle that is mounted on wheels and 26
182182 constructed with collapsible partial side walls that fold for towing by another vehicle and unfold 27
183183 for use and that is eligible to be registered for highway use. 28
184184 (dd)(ee) “Trackless trolley coach” means every motor vehicle that is propelled by electric 29
185185 power obtained from overhead trolley wires, but not operated on rails. 30
186186 (ee)(ff) “Travel trailer”: A towable recreational vehicle, not exceeding three hundred 31
187187 twenty square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a 32
188188 towing mechanism that is mounted behind the tow vehicle’s bumper and that is eligible to be 33
189189 registered for highway use. 34
190190
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193193 (ff)(gg) “Vehicle” means every device in, upon, or by which any person or property is or 1
194194 may be transported or drawn upon a highway, except devices used exclusively upon stationary rails 2
195195 or tracks. 3
196196 SECTION 2. Section 31-3-2 of the General Laws in Chapter 31-3 entitled "Registration of 4
197197 Vehicles" is hereby amended to read as follows: 5
198198 31-3-2. Vehicles subject to registration. 6
199199 Every motor vehicle, trailer, semi-trailer, pole trailer, motorized camper, tent trailer, travel 7
200200 trailer, pick-up coach, and pick-up camper, owned by a resident of this state when operated or 8
201201 drawn upon a highway within this state for a period of thirty (30) days, shall be subject to the 9
202202 registration provisions of chapters 3 — 9 of this title except: 10
203203 (a) Any vehicle operated upon a highway in conformance with the provisions of the 11
204204 chapters relating to manufacturers, transporters, dealers, lien holders, or nonresidents; 12
205205 (b) Any vehicle that is operated upon a highway only for the purpose of crossing the 13
206206 highway but not along the highway from one property to another; 14
207207 (c) Any farm vehicle, whether or not of a type otherwise subject to registration under this 15
208208 chapter, that is only incidentally operated upon a highway. For purposes of this title, the phrase 16
209209 “incidentally operated upon a highway” shall mean the operation upon a highway of a slow-moving 17
210210 motor vehicle that is designed and used primarily as a farm implement for drawing plows, mowing 18
211211 machines, and other implements of husbandry, between agricultural operations owned or managed 19
212212 by the owner of the motor vehicle. Unless the incidental operation is only for purposes of crossing 20
213213 the highway but not traveling along it, the farm vehicle engaged in the incidental operation shall 21
214214 display a “Slow Moving Vehicle” emblem in a manner that complies with requirements established 22
215215 by the division of motor vehicles; 23
216216 (d) Any special mobile equipment as defined in § 31-1-9; 24
217217 (e) Any vehicle that is propelled exclusively by electric power obtained from overhead 25
218218 trolley wires, though not operated upon rails; 26
219219 (f) Any low-speed motor vehicle or low speed vehicle as defined in § 31-1-3. 27
220220 SECTION 3. The title of Chapter 31-10.1 of the General Laws entitled "Special License 28
221221 for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to read as 29
222222 follows: 30
223223 CHAPTER 31-10.1 31
224224 Special License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles 32
225225 CHAPTER 31-10.1 33
226226 SPECIAL LICENSES FOR MOTORCYCLES, MOTOR SCOOTERS, LOW -SPEED 34
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230230 VEHICLES AND OTHER MOTOR DRIVEN CY CLES 1
231231 SECTION 4. Section 31-10.1-7 of the General Laws in Chapter 31-10.1 entitled "Special 2
232232 License for Motorcycles, Motor Scooters, and Other Motor Driven Cycles" is hereby amended to 3
233233 read as follows: 4
234234 31-10.1-7. Inspection. 5
235235 Every motorcycle, motor scooter, low-speed vehicle, or motor driven cycle shall be 6
236236 inspected in accordance with the law providing for inspection of motor vehicles and shall display 7
237237 a certificate of inspection as provided in chapter 38 of this title. Inspection standards for the motor 8
238238 vehicles shall be established by the administrator of the division of motor vehicles. Inspection 9
239239 stations shall be specially licensed to inspect motorcycles, motor scooters, and motor-driven cycles. 10
240240 Certificates of inspection for these vehicles shall be clearly distinguishable from those issued to 11
241241 other motor vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4. 12
242242 SECTION 5. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES" 13
243243 is hereby amended by adding thereto the following chapter: 14
244244 CHAPTER 19.6 15
245245 LOW-SPEED VEHICLES 16
246246 31-19.6-1. Low-speed vehicles. 17
247247 (a) Except as otherwise provided in chapters 19.4 and 19.5 of title 31, a low-speed motor 18
248248 vehicle or low-speed vehicle shall not be operated upon any public way unless such vehicle is 19
249249 registered in accordance with the provisions of this chapter, displays the registration number as 20
250250 provided in § 31-3-10 and displays a slow-moving vehicle emblem on the rear of the vehicle as 21
251251 required by § 31-10.1-7. Low-speed vehicles shall be subject to inspection as required by chapter 22
252252 38 of title 31. The registrar may issue registration plates displaying the “Slow Moving Vehicle” 23
253253 emblem for a low-speed vehicle upon the same terms and conditions applicable to registrants of 24
254254 other motor vehicles and may issue a special parking identification placard bearing the same 25
255255 designation upon the same terms and conditions applicable to persons seeking a placard for a motor 26
256256 vehicle. Every person lawfully operating a low-speed motor vehicle shall have the right to use the 27
257257 public highways in the state, except low-speed vehicles shall be prohibited from operation on 28
258258 limited access highways, as defined in § 31-1-23, state highways, as defined in § 31-1-23, or 29
259259 through highways as defined in § 31-1-23 or on any public highway or roadway with a speed limit 30
260260 of more than thirty-five miles per hour (35 mph). 31
261261 (b) Low-speed vehicles shall be subject to the traffic laws and regulations of the state and 32
262262 the provisions of this section. 33
263263 (c) Nothing in subsection (a) of this section shall be construed to prohibit a low-speed 34
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267267 motor vehicle from crossing a public highway at an intersection where the public highway to be 1
268268 crossed has a posted speed limit between thirty-five miles per hour (35 mph) and forty-five miles 2
269269 per hour (45 mph), provided the public highway the low-speed vehicle is traveling on and the public 3
270270 highway the low-speed vehicle is crossing the intersection toward both have a speed limit no higher 4
271271 than thirty-five miles per hour (35 mph) and the intersection is controlled by traffic signals or stop 5
272272 signs. 6
273273 (d) A municipality may, by ordinance, prohibit the operation of low-speed vehicles on a 7
274274 laned roadway or local highway or a portion of a highway within its jurisdiction and under its 8
275275 control, regardless of posted speeds, where it finds that use of the highway or a particular portion 9
276276 of the highway by low-speed motor vehicles would represent an unreasonable risk of death or 10
277277 serious injury to occupants of low-speed vehicles as a result of general traffic conditions which 11
278278 shall include, but not be limited to, excessive speeds of other vehicles, traffic volumes, use of the 12
279279 highway by heavy trucks or other large vehicles or if the established speed limit on the highway 13
280280 increases above thirty-five miles per hour (35 mph) per hour beyond the point where a low-speed 14
281281 vehicle could safely exit the highway. The municipality shall post signs where necessary to provide 15
282282 notice to the public of such prohibited access. 16
283-(e) Low speed vehicles operated on Prudence Island, in the town of Portsmouth, pursuant 17
284-to the provisions of chapter 19.4 of title 31, are exempt from the provisions of this chapter. 18
285-SECTION 6. This act shall take effect July 1, 2024. 19
283+(e) A low-speed vehicle shall not be operated by a person under sixteen (16) years of age 17
284+nor by any person not possessing a valid driver's license, except that a person who is at least sixteen 18
285+(16) years of age who possesses a valid learner's permit may operate a low-speed vehicle on those 19
286+highways, or portions of highways, where such operation is lawful, if accompanied by an operator 20
287+duly licensed by the state of residence who is twenty-one (21) years of age or over, who has had at 21
288+least one year of driving experience and who is occupying a seat beside the driver. The holder of a 22
289+temporary operator's permit shall be subject to the same license restrictions applicable to that 23
290+license classification in the operation of a low-speed vehicle as if the license holder were operating 24
291+any other motor vehicle. 25
292+SECTION 6. This act shall take effect upon passage. 26
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292299 EXPLANATION
293300 BY THE LEGISLATIVE COUNCIL
294301 OF
295302 A N A C T
296303 RELATING TO MOTOR AND OTHER VEHICLES -- DEFINITIONS AND GENERAL CODE
297304 PROVISIONS
298305 ***
299306 This act would establish regulations for the registration and operation of low-speed 1
300307 vehicles in this state. 2
301-This act would take effect July 1, 2024. 3
308+This act would take effect upon passage. 3
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