31-1-1. Short title.

Chapters 1 — 27 of this title may be cited as the “Motor Vehicle Code”.

History of Section. P.L. 1950, ch. 2595, art. 39, § 1; G.L. 1956, § 31-1-1 .

31-1-2. Applicability of definitions.

Except as otherwise provided, the following definitions of the words and phrases in this chapter apply throughout this title.

History of Section. P.L. 1950, ch. 2595, art. 1, § 1; G.L. 1956, § 31-1-2 ; P.L. 1962, ch. 204, § 3.

31-1-3. Types of vehicles.

1. 1. “Antique motor car” means any motor vehicle that is more than twenty-five (25) years old. Unless fully inspected and meeting inspection requirements, the vehicle may be maintained solely for use in exhibitions, club activities, parades, and other functions of public interest. The vehicle may also be used for limited enjoyment and purposes other than the previously mentioned activities, but may not be used primarily for the transportation of passengers or goods over any public highway.
   2. After the vehicle has met the requirements of state inspection, a registration plate may be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this and other states, and may, in addition to the registration plate, retain the designation “antique” and display an “antique plate.”
   3. For any vehicle that is more than twenty-five (25) years old, the division of motor vehicles may also issue or approve, subject to rules and regulations that may be promulgated by the administrator, a “year of manufacture plate” for the vehicle that is an exact replica plate designating the exact year of manufacture of the vehicle. The year of manufacture plate, as authorized by this subsection, need only be attached to the rear of the vehicle.
2. 1. “Antique motorcycle” means any motorcycle that is more than twenty-five (25) years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be maintained solely for use in exhibitions, club activities, parades, and other functions of public interest. The vehicle may also be used for limited enjoyment and purposes other than the previously mentioned activities, but may not be used primarily for the transportation of passengers or goods over any public highway; and
   2. After the vehicle has met the requirements of state inspection, a registration plate may be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways of this and other states, and may, in addition to the registration plate, retain the designation “antique” and display an “antique plate.”
3. “Authorized emergency vehicle” means vehicles of the fire department (fire patrol); police vehicles; vehicles of the department of corrections while in the performance of official duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of municipal departments or public service corporations designated or authorized by the administrator as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as authorized by the department chief or commander and permitted by the Rhode Island Association of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer Warning Light Permits.
4. “Automobile” means, for registration purposes, every motor vehicle carrying passengers other than for hire.
5. “Bicycle” means every vehicle having two (2) tandem wheels, except scooters and similar devices, propelled exclusively by human power, and upon which a person may ride.
6. “Camping recreational vehicle” means a vehicular type camping unit, certified by the manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living quarters for recreation that has either its own motor power or is mounted on, or towed by, another vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and pick-up campers.
7. “Electric motorized bicycle” means a motorized bicycle that may be propelled by human power or electric motor power, or by both, with an electric motor rated not more than two (2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25) miles per hour.
8. “Electric personal assistive mobility device” (“EPAMD”) is a self-balancing, non-tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour.
9. “Fifth-wheel trailer”: A towable recreational vehicle, not exceeding four hundred (400) square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle and that is eligible to be registered for highway use.
10. “Hearse” means every motor vehicle used for transporting human corpses. A hearse shall be considered an automobile for registration purposes.
11. “Jitney or bus” means: (1) A “public bus” that includes every motor vehicle, trailer, semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers for hire, and operated wholly or in part upon any street or highway as a means of transportation similar to that afforded by a street railway company, by indiscriminately receiving or discharging passengers, or running on a regular route or over any portion of one, or between fixed termini; or (2) A “private bus” that includes every motor vehicle other than a public bus or passenger van designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation.
12. “Motorcycle” means only those motor vehicles having not more than three (3) wheels in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper motors as defined in subsection (n) of this section.
13. “Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in subsection (n) of this section.
14. “Motorized bicycles” means two-wheel (2) vehicles that may be propelled by human power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed of not more than thirty (30) miles per hour.
15. “Motorized camper”: A camping recreational vehicle, built on, or permanently attached to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle.
16. “Motorized tricycles” means tricycles that may be propelled by human power or helper motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of a maximum speed of not more than thirty (30) miles per hour.
17. “Motorized wheelchair” means any self-propelled vehicle, designed for, and used by, a person with a disability that is incapable of speed in excess of eight (8) miles per hour.
18. “Motor scooter” means a motor-driven cycle with a motor rated not more than four and nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a maximum speed of not more than thirty (30) miles per hour.
19. “Motor vehicle” means every vehicle that is self-propelled or propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection (g) of this section, and motorized wheelchairs.
20. “Motor vehicle for hire” means every motor vehicle other than jitneys, public buses, hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport persons for compensation in any form, or motor vehicles rented for transporting persons either with or without furnishing an operator.
21. “Natural gas vehicle” means a vehicle operated by an engine fueled primarily by natural gas.
22. “Park trailer”: A camping recreational vehicle that is eligible to be registered for highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and (2) Certified by the manufacturer as complying with ANSI A119.5.
23. “Passenger van” means every motor vehicle capable of carrying ten (10) to fourteen (14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger vans may be used for vanpools, transporting passengers to and from work locations, provided that the operator receives no remuneration other than free use of the vehicle.
24. “Pedal carriage” (also known as “quadricycles”) means a nonmotorized bicycle with four (4) or more wheels operated by one or more persons for the purpose of, or capable of, transporting additional passengers in seats or on a platform made a part of or otherwise attached to the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult with a seat for only one operator and no passenger.
25. “Pick-up camper”: A camping recreational vehicle consisting of a roof, floor, and sides designed to be loaded onto and unloaded from the back of a pick-up truck.
26. “Rickshaw” (also known as “pedi cab”) means a nonmotorized bicycle with three (3) wheels operated by one person for the purpose of, or capable of, transporting additional passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This definition shall not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed thereto, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the transportation of a person with a disability.
27. “School bus” means every motor vehicle owned by a public or governmental agency, when operated for the transportation of children to or from school; or privately owned, when operated for compensation for the transportation of children to or from school.
28. “Suburban vehicle” means every motor vehicle with a convertible or interchangeable body or with removable seats, usable for both passenger and delivery purposes, and including motor vehicles commonly known as station or depot wagons or any vehicle into which access can be gained through the rear by means of a hatch or trunk and where the rear seats can be folded down to permit the carrying of articles as well as passengers.
29. “Tent trailer”: A towable recreational vehicle that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold for use and that is eligible to be registered for highway use.
30. “Trackless trolley coach” means every motor vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated on rails.
31. “Travel trailer”: A towable recreational vehicle, not exceeding three hundred twenty square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a towing mechanism that is mounted behind the tow vehicle’s bumper and that is eligible to be registered for highway use.
32. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

History of Section. P.L. 1950, ch. 2595, art. 1, § 2; P.L. 1950, ch. 2595, art. 1, § 3; P.L. 1953 (1st S.S.), ch. 3236, § 1; P.L. 1954, ch. 3378, § 1; G.L. 1956, § 31-1-3 ; P.L. 1964, ch. 214, § 1; P.L. 1967, ch. 217, § 1; P.L. 1973, ch. 252, § 1; P.L. 1976, ch. 58, § 3; P.L. 1976, ch. 64, § 1; P.L. 1976, ch. 64, § 2; P.L. 1978, ch. 377, § 1; P.L. 1981, ch. 413, § 1; P.L. 1985, ch. 116, § 1; P.L. 1987, ch. 476, § 1; P.L. 1988, ch. 369, § 1; P.L. 1988, ch. 654, § 1; P.L. 1990, ch. 208, § 4; P.L. 1997, ch. 186, § 1; P.L. 1999, ch. 83, § 68; P.L. 1999, ch. 130, § 68; P.L. 1999, ch. 447, § 1; P.L. 2002, ch. 56, § 2; P.L. 2002, ch. 136, § 1; P.L. 2002, ch. 360, § 1; P.L. 2002, ch. 397, § 1; P.L. 2004, ch. 308, § 1; P.L. 2004, ch. 380, § 1; P.L. 2006, ch. 11, § 1; P.L. 2006, ch. 12, § 1; P.L. 2010, ch. 239, § 25; P.L. 2014, ch. 344, § 1; P.L. 2014, ch. 389, § 1; P.L 2014, ch. 454, § 1; P.L. 2014, ch. 547, § 1; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1; P.L. 2019, ch. 58, § 1; P.L. 2019, ch. 73, § 1; P.L. 2019, ch. 288, § 1; P.L. 2019, ch. 301, § 1.

31-1-3.1. Autocycles.

1. “Autocycle” means only those motor vehicles that:
   1. Do not have more than three (3) wheels in contact with the ground;
   2. Are designed to be controlled with a steering wheel and foot pedals for acceleration, braking, or shifting;
   3. Are equipped with seating that does not require occupants to straddle or sit astride the seating; and
   4. Are manufactured and certified to comply with federal safety requirements for a motorcycle.
2. Except as otherwise provided in this title, an “autocycle” shall be considered to be a “motorcycle” as defined in § 31-1-3(l) .

History of Section. P.L. 2016, ch. 390, § 1; P.L. 2016, ch. 404, § 1.

31-1-4. Trucks and tractors.

1. “Covered heavy-duty tow and recovery vehicle” means a vehicle that is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and, provided the vehicle has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.
2. “Farm tractor” means every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry or farm vehicles.
3. “Tow cars and tow trucks” means every motor vehicle ordinarily used for the purpose of towing or removing motor vehicles or assisting disabled motor vehicles.
4. 1. “Trailer transporter towing unit” means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.
   2. “Towaway trailer transporter combination” means a combination of vehicles consisting of a trailer transporter towing unit and two (2) trailers or semitrailers:
      1. With a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and
      2. In which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of the trailers or semitrailers.
5. “Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property. The administrator of the division of motor vehicles shall determine, in case of doubt, if a motor vehicle is subject to registration as a truck.
6. “Truck tractor” means a non-cargo-carrying power unit that operates in combination with a semi-trailer or trailer, except that a truck tractor and a semi-trailer or trailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.

History of Section. P.L. 1950, ch. 2595, art. 1, § 3; P.L. 1951, ch. 2826, § 1; G.L. 1956, § 31-1-4 ; P.L. 1983, ch. 294, § 1; P.L. 1992, ch. 324, § 9; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1.

31-1-5. Trailers.

1. “Automobile transporter” means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units. An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul, provided it complies with weight limitations for a truck tractor and semitrailer combination.
2. “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
3. “Semi-trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, constructed so that some of its weight and that of its load rests upon or is carried by another vehicle.
4. “Tractor-semi-trailer combination” means every combination of a tractor and a semi-trailer properly attached to the tractor to form an articulated vehicle.
5. “Tractor-trailer combination” means every combination of a tractor and a trailer, properly attached to the tractor to form an articulated vehicle.
6. “Trailer” means every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, constructed so that none of its weight rests upon the towing vehicle.

History of Section. P.L. 1950, ch. 2595, art. 1, § 4; G.L. 1956, § 31-1-5 ; P.L. 2010, ch. 239, § 25; P.L. 2018, ch. 39, § 1; P.L. 2018, ch. 45, § 1.

31-1-6. Specially constructed and reconstructed vehicles.

1. “Essential parts” means all integral and body parts of a vehicle of a type that must be registered under chapters 3 — 9 of this title, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.
2. “Reconstructed vehicle” means every vehicle of a type that must be registered under chapters 3 — 9 of this title, which has been materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used.
3. “Specially constructed vehicle” means every vehicle of a type that must be registered under chapters 3 — 9 of this title, but not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles; provided, that specially constructed vehicles shall include hand-built, home-built, and one-off cars that do not resemble any production car. Specially constructed vehicles shall be entitled to standard passenger automobile plates; provided, that all safety and emissions standards applied to reconstructed vehicles are met.

History of Section. P.L. 1950, ch. 2595, art. 1, § 5; P.L. 1951, ch. 2826, § 2; G.L. 1956, § 31-1-6 ; P.L. 2013, ch. 188, § 1; P.L. 2013, ch. 203, § 1.

31-1-7. Foreign vehicle.

“Foreign vehicle” means every vehicle, of a type that must be registered under chapters 3 — 9 of this title, brought into this state from another state, territory or country, other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this state.

History of Section. P.L. 1950, ch. 2595, art. 1, § 6; G.L. 1956, § 31-1-7 .

31-1-8. Farm vehicle.

“Farm vehicle” means every vehicle which is designed for and used for agricultural purposes and used by the owner of the vehicle or family member(s) or employee(s) or designees of the owner, in the conduct of the owner’s agricultural operations, which use shall include the delivery of agricultural products produced by the farmer but shall not include commercial hire for nonagricultural uses, including, but not limited to, hauling of sand and gravel, snow plowing, land clearing for other than agricultural purposes or directly on the vehicle owner’s farm, and landscaping. For an owner to qualify as having agricultural purposes, the owner shall provide evidence that he or she meets the requirements of § 44-18-30 .

History of Section. P.L. 1950, ch. 2595, art. 1, § 7; G.L. 1956, § 31-1-8 ; P.L. 2002, ch. 404, § 1.

31-1-9. Mobile equipment.

“Mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well boring apparatus, and road construction or maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and drag lines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes, or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

History of Section. P.L. 1950, ch. 2595, art. 1, § 8; G.L. 1956, § 31-1-9 ; P.L. 1959, ch. 123, § 1.

31-1-10. Types of tires.

1. “Metal tire” means every tire having a surface made wholly or partly of metal, or other hard, non-resilient material, in contact with the highway.
2. “Pneumatic tire” means every tire in which compressed air is designed to support the load.
3. “Solid rubber tire” means every solid tire constructed of rubber or other nonmetallic substances, except pneumatic tires.

History of Section. P.L. 1950, ch. 2595, art. 1, § 9; G.L. 1956, § 31-1-10 .

31-1-11. Railroads and trains.

1. “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
2. “Railroad train” means an engine driven by steam, electric, or other means, excluding streetcars, with or without cars coupled to it, operated upon stationary rails.

History of Section. P.L. 1950, ch. 2595, art. 1, § 10; G.L. 1956, § 31-1-11 .

31-1-12. Explosives and flammable liquids.

1. “Explosive” means any chemical compound or chemical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonation of any part of the compound or mixture may cause a sudden generation of highly heated gases with resultant gaseous pressures capable of producing destructive effects on contiguous objects or of destroying life or limb.
2. “Flammable liquid” means any liquid which has a flash point of seventy degrees Fahrenheit (70 degrees F.), or less, as determined by a tagliabue or equivalent closed cup test device.

History of Section. P.L. 1950, ch. 2595, art. 1, § 11; G.L. 1956, § 31-1-12 .

31-1-13. Gross weight.

“Gross weight” means the weight of a vehicle without load plus the maximum weight of any load allowed to be carried on the vehicle. Maximum weight shall be determined by the manufacturer’s allowed gross weight, or as determined by the division.

History of Section. P.L. 1950, ch. 2595, art. 1, § 12; G.L. 1956, § 31-1-13 ; P.L. 1969, ch. 173, § 1.

31-1-14. Renewal.

“Renewal” means the reissuance of a registration, license, or instruction permit, issued under the provisions of chapters 1 — 27 of this title, the term of which has expired.

History of Section. P.L. 1950, ch. 2595, art. 1, § 13; P.L. 1952, ch. 2937, § 1; G.L. 1956, § 31-1-14 .

31-1-15. Suspension, revocation, and cancellation.

1. “Cancellation” means the registration, driver’s license, or instruction permit is annulled and terminated because of some error or defect or because the former bearer is no longer entitled to one, but the cancellation is without prejudice and a new application may be made at any time after the cancellation.
2. “Revocation” means the registration, driver’s license, instruction permit and privilege to drive a motor vehicle on the public highways is terminated and shall not be renewed or restored, except that an application for a new registration, license, or the privilege to drive may be presented and acted upon in accordance with the provisions of chapters 1 — 27 of this title.
3. “Suspension” means the registration, license, or instruction permit and privilege to drive a motor vehicle on the public highways is withdrawn for a specified period.

History of Section. P.L. 1950, ch. 2595, art. 1, § 14; P.L. 1951, ch. 2826, § 3; P.L. 1952, ch. 2937, § 1; G.L. 1956, § 31-1-15 .

31-1-16. Administrator and division.

1. “Administrator” means the administrator of the division of motor vehicles of this state.
2. “Division” means the division of motor vehicles within the department of revenue of this state acting directly or through its authorized officers and agents.

History of Section. P.L. 1950, ch. 2595, art. 1, § 15; G.L. 1956, § 31-1-16 ; P.L. 2008, ch. 98, § 2; P.L. 2008, ch. 145, § 2.

31-1-17. Types of persons.

1. “Bailee” means a bailee is one to whom possession of personal property has been entrusted by the bailor for a specific purpose resulting from either an express or implied contract, with the understanding that this personal property shall be returned to the bailor or any person designated by the bailor when the terms and purposes of the contract have been accomplished.
2. “Chauffeur” means any person who drives a jitney, bus, school bus, motor vehicle used principally for hire with operator, or trackless trolley coach, regardless of the vehicle’s capacity, and any person who drives a truck, tractor, or tractor semi-trailer, if the gross vehicle weight is twenty-six thousand and one pounds (26,001 lbs.) or more. Proper officers and drivers of fire apparatus when in the performance of their duties are not deemed to be chauffeurs.
3. “Driver” means any operator or chauffeur who drives or is in actual physical control of a vehicle.
4. “Operator” means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
5. “Owner” means a person who holds the legal title to a vehicle. In the event a vehicle is the subject of an agreement for conditional sale or lease with right of purchase upon performance of stated conditions and immediate right of possession vested in the vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee, or mortgagor is deemed the owner for the purposes of chapters 1 — 27 of this title.
6. “Pedestrian” means any person afoot.
7. “Person” means every individual, firm, partnership, corporation, or association.
8. “Skateboarder, rollerskater, inline skater, or scooter rider” means any person who utilizes a human-powered device containing any number of wheels, whether in tandem or inline, which enables the person to propel himself or herself in a given direction.

History of Section. P.L. 1950, ch. 2595, art. 1, § 16; P.L. 1951, ch. 2826, § 4; G.L. 1956, § 31-1-17 ; P.L. 1984, ch. 295, § 1; P.L. 1994, ch. 417, § 1; P.L. 2001, ch. 202, § 1.

31-1-18. Resident and nonresident.

1. “Nonresident” means any person who is not a resident of this state or is temporarily residing in this state as a student or as a member of the armed forces of the United States.
2. “Resident” means a person:
   1. Who owns, rents, or leases real estate within the state as his or her residence and:
      1. Engages in a trade, business, or profession in this state; or
      2. Enrolls his or her children in a school in this state for a period exceeding ninety (90) days; or
   2. Who is registered to vote or is eligible to register to vote under the laws of this state.

History of Section. P.L. 1950, ch. 2595, art. 1, § 17; G.L. 1956, § 31-1-18 ; P.L. 1966, ch. 104, § 1.

31-1-19. Types of business.

1. “Applicant” means any person, firm, corporation, or association making application under chapters 1 — 27 of this title.
2. “Dealer” means every person engaged in the business of buying, selling, or exchanging vehicles required to be registered under chapters 3 — 9 of this title, and who has an established place of business for that purpose in this state.
3. “Distributor” means every person, resident, or nonresident of this state, who sells or distributes motor vehicles to motor vehicle dealers in this state, or who maintains a distributor representative in this state.
4. “Factory branch” means every branch office maintained by a manufacturer for the sale of motor vehicles to distributors, or for the sale of motor vehicles to motor vehicle dealers or for directing or supervising, in whole or in part, its representatives in this state.
5. “Factory representative” means every representative employed by a manufacturer or by a factory branch for the purpose of making or promoting the sale of its motor vehicles, or for supervising or contacting its dealers or prospective dealers.
6. “Licensee” means any person receiving a license under chapters 1 — 27 of this title.
7. “Licensor” means either the administrator, an authorized representative, or both, who are authorized to issue a license under chapters 1 — 27 of this title.
8. “Manufacturer” means every person engaged in the business of constructing or assembling vehicles required to be registered under chapters 3 — 9 of this title at an established place of business in this state.
9. “New and unused motor vehicle dealer” means every person, firm, or corporation which sells, solicits, or advertises the sale of new and unused motor vehicles; holds a bona fide contract or franchise in effect with a manufacturer or distributor of the vehicle(s) to be dealt in; maintains adequate space in the building or structure where the established business is conducted for the display of those vehicle(s); provides for vehicle repair and servicing; and stores parts and accessories for those motor vehicles.
10. “Transporter” means every person engaged in the business of delivering vehicles required to be registered under chapter 3 of this title from a manufacturing, assembling, and distributing plant to a point of destination or for the purpose of weighing, testing, transporting, or delivering that vehicle, or for the purpose of moving that vehicle in connection with making installations on or improvements to it, or for repossession of or foreclosure of it.
11. “Wrecker” means every person engaged in the business of wrecking or dismantling motor vehicles for the resale of the parts or material from them.

History of Section. P.L. 1950, ch. 2595, art. 1, § 18; G.L. 1956, § 31-1-19 ; P.L. 1960, ch. 155, § 1; P.L. 1966, ch. 189, § 1.

31-1-20. Established place of business.

“Established place of business” means the place actually occupied either continuously or at regular periods by a dealer or manufacturer where the books and records of that business are kept and where a large share of that business is transacted.

History of Section. P.L. 1950, ch. 2595, art. 1, § 19; G.L. 1956, § 31-1-20 .

31-1-21. Enforcement officers.

1. “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations or the administrator of the division of motor vehicles and up to five (5) subordinates designated by the administrator under the provisions of § 31-2-3 .
2. “Proper officer” means for the purposes of chapters 1 — 50 of this title, any member of the state or municipal police, deputy sheriff, city or town sergeant, the administrator of the division of motor vehicles, or any subordinate appointed by the administrator of the division of motor vehicles under the provisions of § 31-2-3 .

History of Section. P.L. 1950, ch. 2595, art. 1, § 20; G.L. 1956, § 31-1-21 ; P.L. 1975, ch. 121, § 1; P.L. 2012, ch. 324, § 60.

31-1-22. Local authorities.

“Local authorities” means every city, town, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state.

History of Section. P.L. 1950, ch. 2595, art. 1, § 21; G.L. 1956, § 31-1-22 .

31-1-23. Types of roads.

1. “Bicycle lane” means a portion of highway right-of-way designated by the state and identified by official traffic control devices (pavement markings) for the exclusive use of bicyclists. The operation and parking of motor vehicles is prohibited within the lane identified for exclusive use by bicyclists, except when making a turn, entering or leaving the roadway or a parking lane, or when required in the course of official duty.
2. “Bicycle route” means a shared right-of-way along a highway, designated by the state and identified by official traffic control devices (signs) for use by bicyclists.
3. “Bicycle trail or path” means a bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way. Bicycle trails or paths may also be used by pedestrians, skaters, wheelchair users, joggers and other nonmotorized users.
4. “Laned roadway” means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
5. “Limited access highway” means every highway, street, or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at those points and in that manner determined by the public authority having jurisdiction over it.
6. “Local highway” means every street or highway other than a state highway, private road, or driveway.
7. “Private road or driveway” means every way or place in private ownership that is used for vehicular travel only by the owner and by those others having express or implied permission from the owner.
8. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons riding bicycles. In the event a highway includes two (2) or more separate roadways, “roadway” refers to the roadway separately and not the roadways collectively.
9. “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
10. “State highway” means every street or highway constructed and/or maintained by the director of public works and the division of roads and bridges.
11. “Street or highway” means the entire width between boundary lines of every way when any part of it is open to the use of the public for purposes of vehicular traffic.
12. “Through highway” means every highway or portion of a highway having entrances from intersecting highways at which vehicular traffic is required by law to stop before entering or crossing, and where stop signs are erected under the provisions of chapters 1 — 27 of this title.

History of Section. P.L. 1950, ch. 2595, art. 1, § 22; P.L. 1951, ch. 2826, §§ 5, 6; G.L. 1956, § 31-1-23 ; P.L. 1976, ch. 58, § 3; P.L. 1982, ch. 302, § 1; P.L. 2005, ch. 64, § 1; P.L. 2005, ch. 67, § 1; P.L. 2006, ch. 640, § 3.

31-1-24. Intersection.

1. “Intersection” means the area embraced within the prelongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
2. Where a highway includes two (2) roadways thirty feet (30´) or more apart, then every crossing of each roadway of that divided highway by an intersecting highway is to be regarded as a separate intersection. When the intersecting highway also includes two (2) roadways thirty feet (30´) or more apart, then every crossing of the two (2) roadways of that highway is to be regarded as a separate intersection.

History of Section. P.L. 1950, ch. 2595, art. 1, § 23; G.L. 1956, § 31-1-24 .

31-1-25. Crosswalk.

“Crosswalk” means:

1. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; or
2. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

History of Section. P.L. 1950, ch. 2595, art. 1, § 24; G.L. 1956, § 31-1-25 .

31-1-26. Safety zone.

“Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is marked or indicated by adequate signs to be plainly visible at all times while set apart as a safety zone.

History of Section. P.L. 1950, ch. 2595, art. 1, § 25; G.L. 1956, § 31-1-26 .

31-1-27. Business and residence districts.

1. “Business district” means the territory contiguous to and including a highway when within any six hundred feet (600´) along that highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, railroad stations, and public buildings which occupy at least three hundred feet (300´) of frontage on one side or three hundred feet (300´) collectively on both sides of the highway.
2. “Residence district” means the territory, contiguous to and including a highway but not comprising a business district, when for a distance of three hundred feet (300´) or more the property is in the main improved with residences or residences and buildings in use for business.

History of Section. P.L. 1950, ch. 2595, art. 1, § 26; G.L. 1956, § 31-1-27 .

31-1-28. Types of traffic control devices.

1. “Official traffic control devices” means all signs, signals, markings, and devices not inconsistent with chapters 1 — 27 of this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
2. “Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
3. “Traffic control signs” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

History of Section. P.L. 1950, ch. 2595, art. 1, § 27; G.L. 1956, § 31-1-28 .

31-1-29. Traffic.

“Traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.

History of Section. P.L. 1950, ch. 2595, art. 1, § 28; G.L. 1956, § 31-1-29 .

31-1-30. Right-of-way.

“Right-of-way” means the privilege of the immediate use of the highway.

History of Section. P.L. 1950, ch. 2595, art. 1, § 29; G.L. 1956, § 31-1-30 .

31-1-31. Types of stops.

1. “Park” means, when prohibited, the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
2. “Stop” means, when required, a complete cessation from movement.
3. “Stop, stopping or standing” means, when prohibited, any stopping or standing of a vehicle whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

History of Section. P.L. 1950, ch. 2595, art. 1, § 30; G.L. 1956, § 31-1-31 .

31-1-32. Severability.

If any part or parts of this title are held to be unconstitutional that unconstitutionality shall not affect the validity of the remaining parts of this title.

History of Section. P.L. 1950, ch. 2295, art. 39, § 2; P.L. 1952, ch. 3002, § 44; G.L. 1956, § 31-1-32 ; P.L. 1962, ch. 204, § 3; P.L. 1992, ch. 324, § 9.

31-2-1. Establishment — Duties — Chief of division.

Within the department of revenue there shall be a division of motor vehicles. The division will be responsible for activities assigned to it by law, including, but not limited to, motor vehicle registration, testing and licensing of motor vehicle operators, inspection of motor vehicles, and enforcement of laws relating to the issuance, suspension and revocation of motor vehicle registrations and drivers’ licenses. The division shall administer the financial responsibility law. The chief of the division shall use the title and designation “registrar” or “administrator” on all licenses, registrations, orders of suspensions, financial responsibility notices or orders, or any other official documents issued or promulgated by the division. He or she shall exercise all powers and duties prescribed by chapters 1 — 27 of this title and shall supervise and direct the promotion of highway traffic safety.

History of Section. P.L. 1939, ch. 660, § 22; P.L. 1950, ch. 2595, art. 2, § 1; G.L. 1956, § 31-2-1 ; P.L. 2000, ch. 109, § 77; P.L. 2006, ch. 246, art. 38, § 4.

31-2-2. Subordinates and investigators.

The administrator of the division of motor vehicles shall appoint any subordinates that he or she may require for the proper performance of his or her duties. He or she shall appoint investigators who shall be empowered to investigate the application for any motor vehicle license or registration in order to ascertain the truth of the statements made in it, to seize or recover the license or registration certificate and number plates of any person whose license or registration shall have been suspended or revoked, and to perform any other duties not inconsistent with the law as the administrator may direct.

History of Section. P.L. 1939, ch. 660, § 23; P.L. 1939, ch. 678, § 1; P.L. 1950, ch. 2595, art. 2, § 2; G.L. 1956, § 31-2-2 .

31-2-3. Enforcement duties of administrator.

1. The administrator of the division of motor vehicles is vested with the power and is charged with the duty of observing, administering, and enforcing the provisions of chapters 1 — 50 of this title and of all laws regulating the operation of vehicles, or the use of the highways, the enforcement or administration of which is now or hereafter vested in the division of motor vehicles.
2. The administrator shall appoint any subordinates he or she may require for the proper performance of his or her duties. The administrator, and any subordinates designated by the administrator, shall have and exercise throughout this state the same authority to make arrests for violations of statutes relating to motor vehicles and to enforce those statutes as police or town constables have in their respective jurisdictions, including the power of arrest without warrant for any violation of title 31. The administrator, and any subordinates designated by the administrator, may serve all process lawfully issued by the administrator. Whenever a complaint is made of any violation of the provisions of the aforementioned chapters by the administrator of the division of motor vehicles, or those subordinates designated by him or her to enforce these provisions, he or she shall not be required to furnish surety for cost or be liable for cost upon any complaint. The administrator, and any subordinates he or she may designate, may bear and use firearms and may be equipped with uniforms as prescribed by the administrator of motor vehicles in accordance with the policing and enforcing provisions as prescribed by this section.
3. The administrator may provide for training for those persons designated with authority to make arrests and shall issue to each such person credentials showing his or her identity and these credentials shall be carried upon their person while in the discharge of his or her duties.
4. At no time may any subordinate authorized to make arrests stop a motorist for any violation of the motor vehicle law while the motorist is operating a vehicle upon any highway of this state, unless that subordinate is operating or riding in a division of motor vehicles vehicle that is plainly marked “Division of motor vehicles” or unless the motorist is fleeing from pursuit by a division of motor vehicles officer.
5. The administrator may adopt any further regulations that he or she may deem necessary to implement this section.

History of Section. P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-3 ; P.L. 1975, ch. 121, § 2; P.L. 2015, ch. 260, § 32; P.L. 2015, ch. 275, § 32.

31-2-4. Rules and regulations — Exception to authority.

The administrator of the division of motor vehicles, department of revenue is authorized to adopt and enforce those rules and regulations that may be necessary to carry out the provisions of chapters 1 — 27 of this title, and any other laws the enforcement and administration of which are vested in the division of motor vehicles, including rules and regulations concerning specialized testing and standards for operators of commercial vehicles; provided, however, that nothing contained in this section shall be construed to authorize the administrator to charge any monetary fee for a license or permit to utilize a flashing light by any volunteer fire department or volunteer ambulance squad.

History of Section. P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-4 ; P.L. 1979, ch. 321, § 1; P.L. 1987, ch. 398, § 1; P.L. 2008, ch. 98, § 3; P.L. 2008, ch. 145, § 3.

31-2-5. Official seal.

The administrator may adopt an official seal for the use of the division of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 2, § 3; G.L. 1956, § 31-2-5 .

31-2-6. Offices.

The administrator shall maintain offices in those places in the state that he or she may deem necessary to properly carry out the powers and duties vested in the division of motor vehicles. The administrator shall maintain branch offices in the towns of Warren and Westerly and keep the Warren office open for business at least three (3) days per week and keep the Westerly office open at least one day per week.

History of Section. P.L. 1950, ch. 2595, art. 2, § 4; G.L. 1956, § 31-2-6 ; P.L. 1976, ch. 157, § 1; P.L. 1985, ch. 181, art. 37, § 1; P.L. 1985, ch. 322, § 1; P.L. 1994, ch. 215, § 1; P.L. 2009, ch. 391, § 1.

31-2-7. Forms.

The administrator shall prescribe and provide suitable forms of applications, registration cards, operators’ and chauffeurs’ licenses, and all other forms requisite or deemed necessary to carry out the provisions of chapters 1 — 50 of this title and any other laws, the enforcement and administration of which are vested in the division of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 2, § 5; G.L. 1956, § 31-2-7 .

31-2-8. Oaths and acknowledgments.

Officers and employees of the division of motor vehicles designated by the administrator are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures, and shall do so without fee.

History of Section. P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-8 .

31-2-9. Certified copies of licenses, applications and certificates.

The administrator and any officers of the division of motor vehicles that he or she may designate are authorized to prepare under the seal of the division of motor vehicles and deliver upon request a certified copy of the application for operator’s license or registration, or operator’s license or registration, charging a fee of ten dollars ($10.00) for each document so authenticated, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original.

History of Section. P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-9 ; P.L. 1960, ch. 75, § 3; P.L. 1980, ch. 114, § 1; P.L. 1990, ch. 10, art. 4, § 1.

31-2-10. Abstracts of operator’s records.

The administrator shall upon request furnish a certified abstract of the record of any operator on file fully designating the motor vehicles, if any, registered in the name of the operator, the record of all convictions of the operator of any of the provisions of this title, and the record of all the operator’s involvements in accidents required to be reported under the provisions of § 31-33-1 . If the operator has no such record, the administrator shall so certify. The administrator shall collect for each certificate the sum of sixteen dollars ($16.00); however, if the request for the certificate is made by any governmental agency, bureau, or department for use in its official capacity, the administrator shall collect no fee. The requirement of this section that the certificate shall be furnished shall not make the certificate admissible as evidence in any legal proceeding or in any trial, whether criminal or civil.

History of Section. P.L. 1950, ch. 2595, art. 2, § 6; G.L. 1956, § 31-2-10 ; P.L. 1960, ch. 75, § 3; P.L. 1960, ch. 188, § 1; P.L. 1983, ch. 15, § 1; P.L. 1989, ch. 50, § 1; P.L. 1990, ch. 10, art. 2, § 1; P.L. 1992, ch. 453, § 8; P.L. 1993, ch. 138, art. 85, § 7; P.L. 1994, ch. 70, art. 35, § 6; P.L. 1995, ch. 370, art. 10, § 1.

31-2-11. Records open for inspection — Admissibility of certified copies of records as evidence.

1. All records of the division of motor vehicles, other than those declared by law to be confidential for the use of the division of motor vehicles, shall be open to public inspection during office hours. Any copies or photostatic copies of any records, books, papers, documents, and rulings of the division of motor vehicles when certified to be correct by an employee of the division of motor vehicles who is designated for this purpose by the administrator of the division of motor vehicles shall be acceptable as evidence in the courts of this state with the same force and effect as the originals, in all cases where such original records, books, papers, documents, and rulings would be admitted in evidence.
2. Whenever any subpoena duces tecum is issued to the administrator of the division of motor vehicles for the production in court of the records, books, papers, documents, or rulings of the division of motor vehicles it shall not be necessary for the administrator of the division of motor vehicles to whom the subpoena is issued to appear personally, and a copy or photostat duly certified under the seal of the department by the administrator of the division of motor vehicles of the records, books, papers, documents, or rulings of the division of motor vehicles submitted as described in this section shall be full compliance with the subpoena. Under the application to the court and for good cause shown, the court may compel the attendance of the administrator of the division of motor vehicles or the supervisor or an assistant who is charged with the care and custody of the official records or any investigator of the division of motor vehicles to answer the subpoena duces tecum.
3. For the purposes outlined in this section, the person designated by the administrator of the division of motor vehicles shall be the official “keeper of records” for the division.

History of Section. P.L. 1950, ch. 2595, art. 2, § 7; G.L. 1956, § 31-2-11 ; P.L. 1968, ch. 155, § 1; P.L. 1969, ch. 133, § 1.

31-2-12. Destruction of obsolete records.

The administrator of the division of motor vehicles may destroy any records of the division of motor vehicles that have been maintained on file for three (3) years which are obsolete and of no further service in carrying out the powers and duties of the division of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 2, § 7; G.L. 1956, § 31-2-12 .

31-2-13. Report to tax assessors of vehicles registered.

1. As soon as practical after January 1 in every year, the division of motor vehicles shall furnish, without charge, to the tax assessors of each city or town in this state, a statement of the motor vehicles registered from that city or town on and after January 1 and through the thirty-first day of December of the previous year and the inclusive dates of their registration within this period.
2. The provisions of this section shall apply in all respects in the case of taxes assessed upon motor vehicles by any fire district.

History of Section. P.L. 1950, ch. 2595, art. 2, § 7; P.L. 1950 (s.s.), ch. 2639, § 1; P.L. 1956, ch. 3714, § 1; G.L. 1956, § 31-2-13 ; R.P.L. 1957, ch. 142, § 1; P.L. 1978, ch. 341, § 5.

31-2-14. Investigation of applications — Rejection.

The division of motor vehicles shall examine and determine the genuineness, regularity, and legality of every application for registration of a vehicle, and for an operator’s or chauffeur’s license and of any other application lawfully made to the division of motor vehicles, and may in all cases make investigation as may be deemed necessary or require additional information, and shall reject any application if not satisfied of the genuineness, regularity, or legality of the application or the truth of any statement contained in it, or for any other reason, when authorized by law.

History of Section. P.L. 1950, ch. 2595, art. 2, § 8; G.L. 1956, § 31-2-14 .

31-2-15. Seizure of documents and plates.

The division of motor vehicles is authorized to take possession of any registration card, permit, license, or registration plate issued by it upon expiration, revocation, cancellation, or suspension, or which is fictitious, or which has been unlawfully or erroneously issued.

History of Section. P.L. 1950, ch. 2595, art. 2, § 9; G.L. 1956, § 31-2-15 .

31-2-16. Publication of laws.

The division of motor vehicles may publish a synopsis or summary of the laws of this state regulating the operation of vehicles and may deliver a copy of the summary without charge with each original vehicle registration and with each original operator’s or chauffeur’s license.

History of Section. P.L. 1950, ch. 2595, art. 2, § 10; G.L. 1956, § 31-2-16 .

31-2-17. Summons of witnesses — Taking of testimony.

1. In the performance of their duties under this title, the administrator of the division of motor vehicles, or any duly authorized assistant, or hearing officer or officers appointed by the administrator of the division of motor vehicles, may summon witnesses in behalf of the state and may administer oaths and take testimony.
2. The administrator of the division of motor vehicles, assistant, or hearing officer may also cause depositions to be taken and may order the production of books, papers, agreements, and documents. Failure, without justifiable cause, to appear and testify when summoned in accordance with this section shall be deemed a misdemeanor.
3. The fees for the attendance and travel of witnesses shall be the same as for witnesses before the district court. The sixth division of the district court shall have jurisdiction in equity upon application of the division of motor vehicles to enforce all lawful orders of the division of motor vehicles under this section. A party aggrieved by an order of the court may appeal the order to the supreme court in accordance with the procedures contained in the rules of appellate procedure of the supreme court.

History of Section. P.L. 1950, ch. 2595, art. 2, § 11; G.L. 1956, § 31-2-17 ; P.L. 1976, ch. 140, § 12.

31-2-18. Service of notice.

Whenever, by virtue of § 31-2-17 , notice to any person, firm, or corporation is required, or in any other instance when notice may be required, the notice shall consist of personal delivery to the person, firm, or corporation involved, or by mailing of a registered or certified letter.

History of Section. P.L. 1950, ch. 2595, art. 2, § 12; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 31-2-18 .

31-2-19. Appeal from administrator of the division of motor vehicles.

Any person aggrieved by any order of the administrator of the division of motor vehicles may appeal the order to the sixth division district court by filing, within ten (10) days from the date of the notice to such person of the issuance of the order appealed from, a petition in said court stating the grounds upon which the appeal is taken. Upon the filing of such petition and tendering a twenty-five dollar ($25.00) filing fee, the court shall give thirty (30) days’ notice of the pendency of the petition to the administrator of the division of motor vehicles by serving the administrator of the division of motor vehicles, in the manner in which subpoenas in equity are served, with a certified copy of the petition and the petition shall follow the course of equity so far as it is applicable. Upon hearing the petition, the court may review the evidence taken at a hearing or investigator’s reports, or other information upon which the administrator’s action was taken, and may in its discretion, affirm, overrule, or modify the order of the administrator of the division of motor vehicles. The taking of such appeal shall not operate as a stay of the order of the administrator of the division of motor vehicles from which appeal is taken, and such order shall remain in full force and effect during the pendency of the appeal. A party aggrieved by a final order of the court may seek appellate review pursuant to the procedures set forth in § 42-35-15 .

History of Section. P.L. 1950, ch. 2595, art. 2, § 13; G.L. 1956, § 31-2-19 ; P.L. 1976, ch. 140, § 12; P.L. 1992, ch. 453, § 8; P.L. 1999, ch. 218, art. 5, § 10.

31-2-20. Registration and license information — Fee.

The division of motor vehicles, department of revenue shall, upon request, furnish registration and license information to the public. The division shall collect ten dollars ($10.00) for each request. However, if the request is made by any governmental agency, bureau or department, the division shall collect no fee. All nongovernmental inquiries must be accompanied by a written statement of purpose.

History of Section. P.L. 1990, ch. 10, art. 1, § 2; P.L. 2008, ch. 98, § 3; P.L. 2008, ch. 145, § 3.

31-2-21. Record of hearings.

In all administrative hearings conducted by personnel of the division of motor vehicles involving the issuance, revocation, or suspension of licenses to operate vehicles or the registration of vehicles, a taped recording of that hearing may be made part of the record. In case of appeal to a court, copies of those tapes in lieu of a transcript shall be made available without charge to the operator, owner, or his or her representative.

History of Section. P.L. 1984, ch. 18, § 1.

31-2-22. Authority to enter into reciprocity agreements.

1. Notwithstanding any other provisions of law, the administrator of the division of motor vehicles is authorized to enter into reciprocal agreements on behalf of the state with the duly authorized representatives of any state of the United States, the District of Columbia, or a state or a province of a foreign country, providing for the registration of vehicles on an apportionment or allocation basis. In exercising this authority, the administrator of the division of motor vehicles is expressly authorized to enter into and to become a member of the International Registration Plan, or any other designation that may, from time to time, be given to such a plan. The administrator of the division of motor vehicles is further authorized to promulgate and to enforce any rules and regulations that may be necessary to carry out the provisions of the International Registration Plan or any other agreement entered into under authority set forth in this section.
2. The International Registration Plan, and any other agreement authorized to be entered into by the administrator of the division of motor vehicles, shall take precedence over any state law or regulation that may be in conflict with the aforementioned agreements.

History of Section. P.L. 1993, ch. 294, § 1.

31-2-23. Denial of license or registrations for nonpayment of delinquent child support.

1. The department of human services, child support enforcement shall periodically within each year furnish the division of motor vehicles, department of revenue with a list or compilation of names of individuals, together with such other identifying information and in such form as the administrator of the division of motor vehicles shall require, who as of the date of the list or compilation, have an unpaid child support order arrearage in excess of five hundred dollars ($500) as shown on the Rhode Island family court/department of human services, child support enforcement computer system (“CSE system”). For purposes of this section, the terms used in this section shall be given the meaning and definitions specified in § 15-16-2 . The department of human services shall, at times and in the manner prescribed by the administrator of the division of motor vehicles, furnish to the division of motor vehicles information relating to the subsequent payment of those child support order arrearages by or on behalf of the individuals, and the division shall remove the name of the individual(s) from the list.
2. No individual whose name appears on the list or compilation referred to in subsection (a) of this section, and whose name has not been subsequently removed from the list, shall be permitted to (1) register or renew a registration of any motor vehicle and/or (2) obtain an original license or renewal of a license to operate a motor vehicle, until all child support order arrearages have been paid in full or a satisfactory arrangement for payment has been made with the family court, and payment has been certified to the division of motor vehicles by the department of human services, child support enforcement.
3. The identifying information furnished by the department of human services, child support enforcement to the division of motor vehicles shall not include individuals’ social security numbers.
4. A refusal by the division of motor vehicles to register or renew a registration of any motor vehicle and/or issue an original license or renew a license to operate a motor vehicle is a final determination for purposes of chapter 35 of title 42. [See § 12-1-15 of the General Laws.]

History of Section. P.L. 1995, ch. 370, art. 29, § 11; P.L. 1995, ch. 374, § 11; P.L. 1997, ch. 170, § 19; P.L. 2008, ch. 98, § 3; P.L. 2008, ch. 145, § 3.

31-2-24. Service fees on returned checks.

The division of motor vehicles is authorized to impose a fee on returned checks, which shall not exceed fifty dollars ($50.00) per returned check.

History of Section. P.L. 2011, ch. 151, art. 19, § 19.

31-2-25. Surrender of suspended license.

Notwithstanding any law to the contrary, a licensee whose license has been suspended shall not be required to surrender the license to the division of motor vehicles for the period of suspension. In the event a licensee is found to be operating a motor vehicle while under suspension, the license shall be seized by the proper officer and returned to the division of motor vehicles for the remainder of the suspension period.

History of Section. P.L. 2013, ch. 282, § 1; P.L. 2013, ch. 375, § 1.

31-2-26. Surrender of suspended registration.

Notwithstanding any law to the contrary, a motorist whose registration has been suspended shall not be required to surrender the registration plates to the division of motor vehicles for the period of suspension. In the event a motorist is found to be operating a motor vehicle while the registration is suspended, the registration plates shall be seized by the proper officer and returned to the division of motor vehicles for the remainder of the suspension period.

History of Section. P.L. 2013, ch. 282, § 1; P.L. 2013, ch. 375, § 1.

31-2-27. Technology surcharge fee.

1. The division of motor vehicles shall collect a technology surcharge fee of two dollars and fifty cents ($2.50) per transaction for every division of motor vehicles’ fee transaction, except as otherwise provided by law and provided no surcharge fee is assessed on motor vehicle inspection transactions conducted pursuant to § 31-38-4 . One dollar and fifty cents ($1.50) of each two dollars and fifty cents ($2.50) collected pursuant to this section shall be deposited into the information technology investment fund established pursuant to § 42-11-2.5 and shall be used for project-related payments and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer system and to reimburse the information technology investment fund for advances made to cover project-related payments. The remaining one dollar ($1.00) shall be deposited into a restricted-receipt account managed by the division of motor vehicles and restricted to the project-related payments and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer system.
2. [Deleted by P.L. 2019, ch. 88, art. 7, § 1].
3. Beginning July 1, 2022, the full two dollars and fifty cents ($2.50) shall be deposited into the division of motor vehicles restricted account and restricted to the project-related payments and/or ongoing maintenance of and enhancements to the division of motor vehicles’ computer system.

History of Section. P.L. 2017, ch. 302, art. 4, § 1; P.L. 2019, ch. 88, art. 7, § 1.

31-2-28. Expiration dates.

Notwithstanding any provisions of the general or public laws to the contrary, the administrator of the division of motor vehicles may extend the expiration date of any permit, license, registration, certificate, placard, or other privilege issued by the division of motor vehicles for a period of up to ninety (90) days when the administrator’s ability to properly perform their duties is prevented, hindered, impaired, or otherwise delayed by:

1. Any upgrade, replacement, or modification of existing technology systems that requires significant time for implementation;
2. A disaster, as defined in § 30-15-3 , that has occurred, or the occurrence of which, or the threat thereof, is imminent; or
3. The occurrence of any other similar event that warrants such extension.

History of Section. P.L. 2017, ch. 97, § 1; P.L. 2017, ch. 98, § 1.

31-2.1-1. Motor vehicle theft prevention program — Informed consent statement of owner — Issuance of vehicle decals — Authority to request production of valid driver’s license and registration.

The administrator of the division of motor vehicles, department of administration, in consultation with the superintendent of state police, shall establish a motor vehicle theft prevention program which shall include the issuance of official decals to identify motor vehicles that are not normally operated between the hours of 1:00 A.M. and 5:00 A.M. Participation in the program shall be voluntary in nature and shall involve the following:

1. In the presence of a duly authorized police officer in any municipality participating in the program, the registered owner of a motor vehicle shall sign an informed consent statement indicating that the motor vehicle registered to the owner is not normally operated between the hours of 1:00 A.M. and 5:00 A.M. The form of an informed consent statement shall be promulgated by the administrator of the division of motor vehicles.
2. 1. Upon signing an informed consent statement, the registered owner shall be issued a decal approved by the administrator of the division of motor vehicles and the decal shall be affixed to the owner’s vehicle in a conspicuous place as prescribed by the administrator. The decal shall be issued and affixed by the police officer in the municipality participating in the program.
   2. The police officer issuing the decal shall make a record of the decal number issued to each registered owner. These records shall be maintained by the police department of any city or town participating in the program and shall be available to the administrator of the division of motor vehicles, to the superintendent of state police, and to local law enforcement agencies.
3. Informed consent statement forms shall be available at all division of motor vehicles offices, state police headquarters, and city and town police departments.
4. Whenever any police officer sees a motor vehicle displaying a decal issued pursuant to the provisions of this section operated on any public highway in the state between the hours of 1:00 A.M. and 5:00 A.M., the officer is authorized to request the driver to produce a valid driver’s license and motor vehicle registration. Whenever the operator of the motor vehicle during such hours is unable to produce a driver’s license and registration, there shall be a rebuttable presumption that the person operating the vehicle is not the registered owner and does not have the authorization of the owner to operate the vehicle.

History of Section. P.L. 1990, ch. 318, § 1.

31-3-1. Operation of unregistered vehicle.

It is a civil violation for any person to operate, or for an owner knowingly to permit to be operated, upon any highway any vehicle of a type required to be registered under this chapter which is not registered and for which the appropriate fee has not been paid or not registered as required in any other state.

History of Section. P.L. 1950, ch. 2595, art. 3, § 1; G.L. 1956, § 31-3-1 ; P.L. 1999, ch. 218, art. 6, § 1; P.L. 2008, ch. 201, § 1.

31-3-2. Vehicles subject to registration.

Every motor vehicle, trailer, semi-trailer, pole trailer, motorized camper, tent trailer, travel trailer, pick-up coach, and pick-up camper, owned by a resident of this state when operated or drawn upon a highway within this state for a period of thirty (30) days, shall be subject to the registration provisions of chapters 3 — 9 of this title except:

1. Any vehicle operated upon a highway in conformance with the provisions of the chapters relating to manufacturers, transporters, dealers, lien holders, or nonresidents;
2. Any vehicle that is operated upon a highway only for the purpose of crossing the highway but not along the highway from one property to another;
3. Any farm vehicle, whether or not of a type otherwise subject to registration under this chapter, that is only incidentally operated upon a highway. For purposes of this title, the phrase “incidentally operated upon a highway” shall mean the operation upon a highway of a slow-moving motor vehicle that is designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry, between agricultural operations owned or managed by the owner of the motor vehicle. Unless the incidental operation is only for purposes of crossing the highway but not traveling along it, the farm vehicle engaged in the incidental operation shall display a “Slow Moving Vehicle” emblem in a manner that complies with requirements established by the division of motor vehicles;
4. Any special mobile equipment as defined in § 31-1-9 ;
5. Any vehicle that is propelled exclusively by electric power obtained from overhead trolley wires, though not operated upon rails.

History of Section. P.L. 1950, ch. 2595, art. 3, § 2; P.L. 1952, ch. 2937, § 2; G.L. 1956, § 31-3-2 ; P.L. 1959, ch. 123, § 2; P.L. 1966, ch. 105, § 1; P.L. 1967, ch. 217, § 2; P.L. 1976, ch. 64, § 3; P.L. 1978, ch. 377, § 2; P.L. 1988, ch. 589, § 1; P.L. 2016, ch. 389, § 1; P.L. 2016, ch. 401, § 1.

31-3-2.1. Out-of-state motorized bicycles.

Out-of-state residents owning motorized bicycles, whose state of residence does not require the registration of those vehicles, shall register the vehicles in the state of Rhode Island and upon payment of the registration fee shall be issued stickers to be placed on the vehicle evidencing registration.

History of Section. P.L. 1981, ch. 327, § 2.

31-3-2.2. Registration of motorcycles, motorized bicycles, and motorized tricycles.

1. Every motorcycle, motorized bicycle, and motorized tricycle owned by a resident of this state shall be subject to the registration provisions of chapters 3 — 9 of this title whether the motorcycle, motorized bicycle, or motorized tricycle is operated or drawn upon a highway within this state or upon private property. An electric personal assistive mobility device (“EPAMD”) and electric motorized bicycles shall not be required to register under this chapter; provided, however, that an EPAMD and/or electric motorized bicycles shall not be operated in this state by a person under the age of sixteen (16) years.
2. Notwithstanding any general law to the contrary, cities and towns are empowered to enact ordinances that permit the use and regulation of electric personal assistive mobility devices (“EPAMD”).

History of Section. P.L. 1988, ch. 589, § 2; P.L. 2002, ch. 56, § 3; P.L. 2002, ch. 136, § 2; P.L. 2002, ch. 397, § 2; P.L. 2003, ch. 252, § 1; P.L. 2003, ch. 304, § 1.

Applicability.

P.L. 2002, ch. 136, § 4 provides that the amendment to this section by that act takes effect upon passage [June 15, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

P.L. 2002, ch. 397, § 4 provides that the amendment to this section by that act takes effect upon passage [June 28, 2002] but until further action by the general assembly the operation of an EPAMD on sidewalks, bicycle paths and trails is limited to government agencies, including law enforcement personnel in the performance of their duties.

31-3-3. Application for registration.

Every owner of a vehicle subject to registration under this chapter shall apply to the division of motor vehicles for the registration of it using the appropriate form or forms furnished by the division of motor vehicles. Every application shall bear the signature of the owner written with pen and ink and the signature shall be acknowledged by the owner before a person authorized to administer oaths and the application shall contain:

1. The name, city or town of bona fide residence, actual residence address and mail address of the owner as appearing on the owner’s motor vehicle operator’s license or state identification card issued pursuant to the provisions of chapter 8 of title 3, or business address of the owner if a firm, association, or if a corporation, the name of the city or town in which the vehicle is physically and primarily housed. For purposes of this section “physically and primarily housed” is defined as that city or town in which the vehicle is housed for a period or periods of time greater than in any other city or town in the state of Rhode Island. The division of motor vehicles may substitute other indicators of residence when necessary.
2. A description of the vehicle, including, insofar as this specified data may exist with respect to a given vehicle, the make, model, type of body, the number of cylinders, the serial number of the vehicle, and the engine or other number of the vehicle. In the event a vehicle is designed, constructed, converted, or rebuilt for the transportation of property, the application shall include a statement of its capacity in terms of maximum gross vehicle weight rating as authorized by the manufacturer of the chassis or the complete vehicle.
3. A statement whether liability insurance is carried on the vehicle, and, if there is liability insurance, the name of the carrier, policy number, and effective dates of the policy.
4. Any further information as may reasonably be required by the division of motor vehicles to enable it to determine whether the vehicle is lawfully entitled to registration.
5. The exact mileage reading from the motor vehicle on the date of application.

History of Section. P.L. 1950, ch. 2595, art. 3, § 3; G.L. 1956, § 31-3-3 ; P.L. 1961, ch. 187, § 1; P.L. 1965, ch. 207, § 1; P.L. 1969, ch. 74, § 1; P.L. 1970, ch. 16, § 1; P.L. 1985, ch. 392, § 4; P.L. 1991, ch. 251, § 1; P.L. 1993, ch. 392, § 1; P.L. 1998, ch. 31, art. 28, § 1.

31-3-3.1. Notice to division of motor vehicles of vehicle lease agreement.

1. Every owner of a vehicle subject to registration or renewal of registration under this chapter shall notify the division of motor vehicles, at the time of registration of the vehicle on the proper registration form, of any agreement to lease the registered vehicle for a period of six (6) months duration, or longer, except for those commercial motor vehicles covered under the federal motor carrier safety regulations, 49 CFR Part 390 as may be amended from time to time.
2. The division of motor vehicles shall cause the name and address of the lessee as well as the owner of the vehicle to be entered on the division of motor vehicles records as provided in this chapter.
3. The name and address of both the owner and lessee shall be made available by the division of motor vehicles upon a registration inquiry from any law enforcement officer, department, or agency.

History of Section. P.L. 1996, ch. 357, § 1; P.L. 1999, ch. 475, § 1; P.L. 2005, ch. 77, § 1; P.L. 2005, ch. 82, § 1.

31-3-4. Proof of payment of sales or use tax.

Each person, before obtaining an original or transferral registration for a motor vehicle in this state, shall furnish evidence that any tax due with reference to the motor vehicle pursuant to the provisions of chapters 18 and 19 of title 44 has been paid in accordance with regulations prescribed by the tax administrator, and on any forms that are approved by the tax administrator and the state administrator of the division of motor vehicles. The administrator of the division of motor vehicles shall, upon the request of the tax administrator, and after due hearing by the tax administrator, suspend or revoke a motor vehicle registration of any person who fails to pay any tax due in connection with the sale, storage, use, or other consumption of the motor vehicle pursuant to the provisions of chapters 18 and 19.

History of Section. P.L. 1947, ch. 1887, art. 2, § 57; P.L. 1956, ch. 3740, § 1; G.L. 1956, § 31-3-4 .

31-3-5. Grounds for refusal of registration.

The division of motor vehicles shall refuse registration or any transfer of registration upon any of the following grounds:

1. That the application contains any false or fraudulent statement, or that the applicant has failed to furnish required information, or reasonable additional information requested by the division of motor vehicles, or that the applicant is not entitled to the issuance of registration of the vehicle under chapters 3 — 9 of this title;
2. That the vehicle is mechanically unfit or unsafe to be operated upon the highways;
3. That the division of motor vehicles has reasonable ground to believe that the vehicle is a stolen or embezzled vehicle, or that the granting of registration would constitute a fraud against the rightful owner;
4. That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;
5. That the vehicle has been reported by any city or town to the division of motor vehicles as having unpaid fines in the aggregate amount of two hundred dollars ($200) or more, including any and all interest, penalties, or other monetary amount that may be imposed for failure to pay the fines by a specified date; provided, the registration shall be issued upon presentation of proof of payment of the outstanding fines, including any and all interest, penalties, or other monetary amount owed to the cities or towns reporting the unpaid fines. When the division of motor vehicles denies a registration to any person pursuant to this subsection, the city or town requesting the denial of registration shall add a five-dollar ($5.00) fee to the aggregate value of the sum of the fines and, upon payment, shall transmit the fee to the division of motor vehicles. The provisions of this subsection shall not apply to any vehicle owned by a rental company, as defined in § 31-34.1-1 ;
6. That the vehicle does not comply with regulations promulgated pursuant to § 23-23-5(18) ;
7. That the vehicle does not comply with the provisions of chapter 47.1 of this title and any rules and regulations promulgated under that chapter;
8. That a commercial motor vehicle is being operated by a commercial motor carrier that has been prohibited from operating in interstate commerce by a federal agency with authority to do so under federal law; or
9. That the registered owner of a vehicle failed to pay the required toll amounts, administrative fees, and fines as prescribed in § 24-12-37 .

History of Section. P.L. 1950, ch. 2595, art. 3, § 4; G.L. 1956, § 31-3-5 ; P.L. 1980, ch. 312, § 1; P.L. 1981, ch. 250, § 1; P.L. 1983, ch. 221, § 8; P.L. 1987, ch. 448, § 1; P.L. 1992, ch. 361, § 2; P.L. 1993, ch. 254, § 3; P.L. 2000, ch. 276, § 1; P.L. 2010, ch. 193, § 2; P.L. 2016, ch. 383, § 1; P.L. 2016, ch. 397, § 1; P.L. 2017, ch. 217, § 1; P.L. 2018, ch. 349, § 1.

31-3-5.1. Repealed.

History of Section. P.L. 1964, ch. 163, § 1; Repealed by P.L. 1978, ch. 341, § 1.

31-3-6. List of vehicles on which taxes delinquent — Denial of registration.

1. On or before October 31 in each year, the collector of taxes of each city or town shall furnish the division of motor vehicles, with a listing showing the registration plate numbers, names, and addresses of the taxpayers of the city or town whose personal property and/or excise tax on motor vehicles, the assessment of which were made the prior December 31 in the case of the property tax, and the tax levied in the current year in the case of the excise tax, remained unpaid as of the date of the list. Subsequently, the collector of taxes in each city or town shall, at the times and in the manner prescribed by the administrator of the division of motor vehicles, furnish to the division of motor vehicles the names and addresses of those persons whose names appeared on that list who have subsequently paid the personal property, and/or excise taxes on motor vehicles, and the division shall remove from the list the names and addresses of those persons. No city or town treasurer or tax collector shall refuse to accept personal property, and/or excise taxes on a motor vehicle, or refuse to remove the names and addresses of the owners of the vehicle from the list because of any other taxes owing the city or town. No person, corporation, partnership, joint stock company, or association whose name appears on the list and whose name has not been subsequently removed from the list shall be permitted to register any motor vehicle until all the excise and attendant penalties have been paid in full and the payment has been certified to the division of motor vehicles by the tax collector. The provisions of this section shall not be construed so as to prevent the payment of taxes on motor vehicles in quarterly installments as provided in chapter 5 of title 44. The provisions of this section shall apply in all respects in the case of taxes assessed upon motor vehicles by any fire district.
2. The division of motor vehicles (the “division”) shall provide a written notice to those persons or other taxpayers (the “person”) whose name appears on the list generated in accordance with the provisions of subsection (a). This notice shall include:
   1. The name of the municipality or other entity providing the person’s name to the division; and
   2. A statement that the person identified on the list shall not be permitted to register any motor vehicle until the tax matter has been resolved and the person’s name is removed from the list as provided for under subsection (a).

History of Section. P.L. 1950, ch. 2595, art. 2, § 7; P.L. 1956, ch. 3714, § 1; P.L. 1956, ch. 3714, § 3; G.L. 1956, § 31-3-6 ; R.P.L. 1957, ch. 142, § 1; P.L. 1978, ch. 341, § 6; P.L. 1979, ch. 379, § 2; P.L. 1988, ch. 84, § 61; P.L. 2018, ch. 175, § 1; P.L. 2018, ch. 293, § 1.

31-3-6.1. List of vehicles and licenses on which taxes delinquent — Denial of renewal of registration and licenses.

1. The administrator/division of motor vehicles shall furnish to the Tax Administrator a listing showing the names, addresses and social security numbers of persons whose operator’s license and/or motor vehicle registration is subject to renewal within ninety (90) days. If within ninety (90) days prior to the renewal date the tax administrator determines that any person seeking to renew his/her operator’s license and/or registration has neglected or refused to file any tax returns or to pay any tax administered by the tax administrator and that such tax matter is not pending administrative or appellate review, the tax administrator shall send a written notice to such person informing him/her of the tax administrator’s intention to inform the division of motor vehicles not to renew the person’s operator license and/or motor vehicle registration and of the procedures available to the person to contest that determination.
2. Within twenty-one (21) days from the date of such notice, the licensee or registrant may request, in writing, a conference with the tax administrator or his/her designee, in order to show proof of payment of all taxes or for the purpose of entering into a time payment agreement for the delinquent taxes satisfactory to the tax administrator.
3. If upon the expiration of twenty-one (21) days from the date of the notice to the licensee or registrant or, if a conference has been requested, after a conference has been held, the licensee or registrant has not demonstrated to the satisfaction of the tax administrator that he/she has filed all required returns and paid all required taxes, or that the licensee or registrant has not entered into time payment arrangement satisfactory to the tax administrator, the tax administrator shall notify the administrator/division of motor vehicles that the licensee or registrant is delinquent in filing tax returns and/or remitting taxes due. The tax administrator shall send a copy of the notification to the licensee or registrant.
4. The administrator/division of motor vehicles shall not renew any operator’s license or registration upon expiration thereof until all state taxes, interest and attendant penalties have been paid in full or the licensee or registrant has entered into a time payment agreement satisfactory to the tax administrator.
5. If the licensee thereafter files an overdue return and/or remits past taxes due or enters into a satisfactory time payment agreement with respect to any and all returns due and taxes payable, the tax administrator shall, within five (5) business days of a licensee’s request, provide the appropriate agency or authority the certificate of good standing specified in § 5-76-5 . Within five (5) business days of receiving such a certificate, the agency or authority shall reinstate, reissue, renew or otherwise extend the licensee’s license.
6. Payment of tax not an admission.  If the licensee or registrant files an overdue return and/or remits past due taxes in order to apply for or renew a license or registration, said late filing and/or payment shall not be an admission of a violation of any criminal tax statute regarding late filing and/or late payment. The tax administrator shall not refer such person to the Attorney General for prosecution based solely upon said late filing and/or payment of past due taxes.

History of Section. P.L. 2004, ch. 595, art. 39, § 2.

31-3-6.1.1. Denial of registration — Denial of transfer of registration — Failure to file tax returns and/or pay taxes.

1. On or before October 31 in each year and at least quarterly thereafter, the tax administrator shall furnish the division of motor vehicles, with a list of the names, addresses and social security numbers of persons who have neglected or refused to file a tax return(s) and/or to pay any tax administered by the tax administrator and that there is no administrative or appellate review pending regarding such tax matter.
2. Thereafter, the tax administrator, at the times and in the manner mutually agreed to by the tax administrator and the administrator of the division of motor vehicles, shall furnish to the division of motor vehicles the names, addresses and social security numbers of those persons whose names appear on that list but who have subsequently filed all required returns and paid all required taxes, interest and attendant penalties in full or entered into a time payment agreement satisfactory to the tax administrator. Upon receipt of said information, said names, addresses and social security numbers of said persons shall be removed from the list.
3. The administrator of the division of motor vehicles shall not register any motor vehicle or transfer the registration of any motor vehicle for any person whose name appears on a list provided by the tax administrator pursuant to subsection (a) above until all state taxes, interest and attendant penalties have been paid in full and the payment has been certified to the division of motor vehicles by the tax administrator.
4. If the person thereafter files an overdue return and/or remits past taxes due or enters into a satisfactory time payment agreement with respect to any and all returns due and taxes payable, the tax administrator shall, within five (5) business days of the person’s request, provide the division of motor vehicles with a certificate of good standing specified in § 5-76-5 . Within five (5) business days of receiving such a certificate, the division of motor vehicles shall register or transfer the person’s registration.
5. If a person files an overdue return and/or remits past due taxes in order to register a motor vehicle or transfer the registration of a motor vehicle, said late filing and/or payment shall not be an admission of a violation of any criminal tax statute regarding late filing and/or late payment. The tax administrator shall not refer such person to the attorney general for prosecution based solely upon said late filing and/or payment of past due taxes.

History of Section. P.L. 2014, ch. 145, art. 12, § 1.

31-3-6.2. List of vehicles and licenses on which court costs owed delinquent — Denial of renewal of registration and licenses.

1. The administrator/division of motor vehicles shall furnish to the State Court Administrator a listing showing the names, addresses and social security numbers of persons whose operator’s license and/or motor vehicle registration is subject to renewal within ninety (90) days. If within ninety (90) days prior to the renewal date the state court administrator determines that any person seeking to renew his/her operator’s license and/or registration has neglected or refused to pay any cash assistance benefit overpayments, court costs owed, fines owed, obligations owed or restitution owed, as such terms are defined in § 44-30.1-1 , the state court administrator shall send a written notice to such person informing him/her of the state court administrator’s intention to inform the division of motor vehicles not to renew the person’s operator license and/or motor vehicle registration and of the procedures available to the person to contest the determination. For the purposes of this section, the terms cash assistance benefit overpayments, court costs owed, fines owed, obligations owed or restitution owed by a debtor as defined in § 44-30.1-1 , are referred to as “costs owed”.
2. Within twenty-one (21) days from the date of such notice, the licensee or registrant may request, in writing, a conference with the state court administrator or his/her designee, in order to show proof of payment of all costs owed or for the purpose of entering into a time payment agreement for the delinquent costs owed satisfactory to the state court administrator.
3. If upon the expiration of twenty-one (21) days from the date of the notice to the licensee or registrant or, if a conference has been requested, after a conference has been held, the licensee or registrant has not demonstrated to the satisfaction of the state court administrator that he/she has paid all required costs owed or that the licensee or registrant has not entered into time payment arrangement satisfactory to the state court administrator, the state court administrator shall notify the administrator/division of motor vehicles that the licensee or registrant is delinquent in paying costs owed. The state court administrator shall send a copy of the notification to the licensee or registrant.
4. The administrator/division of motor vehicles shall not renew any operator’s license or registration upon expiration thereof until all costs owed have been paid in full or the licensee or registrant has entered into a time payment agreement satisfactory to the state court administrator.
5. If the licensee thereafter files an overdue return and/or remits past taxes due or enters into a satisfactory time payment agreement with respect to any and all returns due and taxes payable, the tax administrator shall, within five (5) business days of a licensee’s request, provide the appropriate agency or authority the certificate of good standing specified in § 5-76-5 . Within five (5) business days of receiving such a certificate, the agency or authority shall reinstate, reissue, renew or otherwise extend the licensee’s license.

History of Section. P.L. 2004, ch. 595, art. 39, § 3; P.L. 2006, ch. 246, art. 23, § 1.

31-3-6.3. Unpaid out-of-state toll amounts, administrative fees, and fines — Denial of registration — Denial of transfer of registration — Denial of renewal of registration and licenses.

1. Upon receipt of a request from another state or other entity with similar tolling authority with which the Rhode Island turnpike and bridge authority has entered into an agreement providing for the reciprocal treatment of out-of-state toll violators to take action against a toll violator, the Rhode Island turnpike and bridge authority shall conduct an independent review of each toll violation that forms the basis for such request, which shall include a review of photographic, video, or other visual evidence, to determine that the requesting state or other entity with similar tolling authority imposed any toll amounts, administrative fees, and/or fines against the actual registered owner of the motor vehicle.
2. As part of its independent review, the Rhode Island turnpike and bridge authority shall provide written notice to the registered owner of the motor vehicle in question. The registered owner shall have ten (10) days from the date on the written notice to contact the Rhode Island turnpike and bridge authority and to provide information, documentation, and any other evidence contesting the requested action against the out-of-state toll violator. Thereafter, the Rhode Island turnpike and bridge authority shall consider all of the information, documentation, and any other evidence provided as part of its independent review.
3. If after its independent review the Rhode Island turnpike and bridge authority is satisfied that any toll amounts, administrative fees, and/or fines are properly imposed against the actual registered owner of the motor vehicle and the registered owner could be subject to reporting to the division of motor vehicles pursuant to § 24-12-37 if such toll violations had occurred on tolled projects in this state, the Rhode Island turnpike and bridge authority may report the registered owner to the division of motor vehicles.
4. The division of motor vehicles shall not renew any operator’s license or registration upon expiration thereof; register any motor vehicle; or transfer the registration of any motor vehicle of any person reported to it pursuant to subsection (c) of this section until any toll amounts, administrative fees, and/or fines owed to the other state or other entity with similar tolling authority have been paid in full or the person has entered into, and is in current compliance with, a repayment agreement with respect to any amounts owed. The Rhode Island turnpike and bridge authority shall provide a copy of any notification received from the other state or other entity with similar tolling authority regarding full payment of amounts owed or the existence of a repayment agreement to the division of motor vehicles within five (5) business days of receipt. Within five (5) business days of receiving such notification, the division of motor vehicles shall renew the person’s license and renew, transfer, or issue the person’s registration.

History of Section. P.L. 2017, ch. 336, § 1; P.L. 2017, ch. 340, § 1.

31-3-7. Registration — Indexing of records.

The division of motor vehicles shall file each application received and when satisfied as to its genuineness and regularity, and that the applicant is entitled to register the vehicle, shall register the vehicle and keep a record of it in suitable books or on index cards as follows:

1. Under a distinctive regulation number assigned to the vehicle;
2. Alphabetically, under the name of the owner;
3. Under the motor number if available, otherwise any other identifying number of the vehicle; and
4. In the discretion of the division of motor vehicles, in any other manner it may deem desirable.

History of Section. P.L. 1950, ch. 2595, art. 3, § 5; G.L. 1956, § 31-3-7 ; P.L. 2010, ch. 239, § 26.

31-3-8. Registration card — Contents.

The division of motor vehicles, upon registering a vehicle, shall issue a registration card. The registration card shall be delivered to the owner and shall contain upon the its face, the date issued, the name and address of the owner, the registration number assigned to the vehicle, and such description of the vehicle as determined by the administrator of the division of motor vehicles, and, upon its reverse side, a form for endorsement of notice to the division of motor vehicles upon transfer of the vehicle.

History of Section. P.L. 1950, ch. 2595, art. 3, § 6; G.L. 1956, § 31-3-8 .

31-3-9. Registration card carried in vehicle.

1. Every registration card shall at all times be carried in the vehicle to which it refers, or shall be carried by the person driving or in control of such vehicle who shall display it upon demand of a proper officer.
2. The provisions of this section requiring that a registration card be carried in the vehicle to which it refers or by the person driving the vehicle shall not apply to vehicles bearing dealer or bailee registration plates, or when the card is used for the purpose of making a transfer of registration of the vehicle.

History of Section. P.L. 1950, ch. 2595, art. 3, § 7; G.L. 1956, § 31-3-9 .

31-3-10. Issuance of registration plates.

The division of motor vehicles, upon registering a vehicle, shall issue to the owner one fully reflective registration plate for each motorcycle, trailer, semi-trailer, in-transit vehicle, transporter, bailee vehicle, or a dealer vehicle and two (2) fully reflective registration plates for every other motor vehicle. Application for and issuance of so-called commercial registration plates shall be provided at all offices maintained by the administrator of the division of motor vehicles under § 31-2-6 .

History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-10 ; P.L. 1970, ch. 108, § 1; P.L. 1982, ch. 179, § 1; P.L. 1995, ch. 135, § 1.

31-3-11. Contents of registration plate.

1. Every registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of the state of Rhode Island, which may be abbreviated “R.I.”, and the year number for which it is issued or the date of its expiration. Registration plates shall also have printed on them the words, “ocean state”.
2. The provision requiring the printing of the words “ocean state” on these plates shall not pertain to commercial plates or to plates issued to recipients of the Purple Heart.

History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-11 ; P.L. 1971, ch. 190, § 1; P.L. 1987, ch. 345, § 1.

31-3-11.1. Permanent registration and plates.

1. Every vehicle owned by the state of Rhode Island and any fire apparatus for which no fee is assessed shall be issued permanent registration and registration plates. The permanent registration and plates shall remain on the vehicles to which they are assigned without expiration until the vehicle is replaced or disposed of.
2. This section does not apply to certain vehicles owned by state law enforcement agencies.

History of Section. P.L. 1982, ch. 39, § 1.

31-3-12. Visibility of plates.

Each registration plate and the required letters and numerals on it, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of one hundred feet (100´) during daylight. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-12 ; P.L. 2002, ch. 292, § 103.

31-3-13. Plates for rental or leased vehicles.

The division of motor vehicles shall issue for every passenger motor vehicle rented or leased without a driver, the same type of registration plates as the type of plates issued for private passenger vehicles. However, if the renter or lessee uses his or her own registration plate on the rented or leased vehicle, that registration plate shall be promptly returned to him or her upon termination of the rental or lease agreement. Should the registration plate not be returned, the division of motor vehicles may be notified by the renter or lessor and the registration shall be cancelled by the division of motor vehicles and the registration plate shall be reissued to the person who rented or leased the motor vehicle.

History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-13 ; P.L. 1986, ch. 223, § 1.

31-3-14. Bailee and in transit plates.

1. Bailee plates.  The division of motor vehicles shall issue plates designated as “bailee plates” to garages, automobile repairers, or any person in the business requiring repossession of motor vehicles, trailers, or semitrailers.
2. In transit plates.  The division of motor vehicles shall issue plates designated as “in transit” plates for use on special mobile equipment.

History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-14 ; P.L. 1959, ch. 123, § 2.

31-3-15. Special plates for state officers and mayors.

1. The administrator of the division of motor vehicles has the right to issue a special registration plate for the use of the governor, the lieutenant governor, the secretary of state, the attorney general, the state treasurer, the president pro tem of the senate, the speaker of the house, and mayors of Rhode Island cities. The plates will be furnished without additional cost. If mayors of Rhode Island cities choose to use city motor vehicle registration plates, the mayors may place on the plates the official seals of the respective city in a manner that does not obstruct the numbering or lettering.
2. The administrator of the division of motor vehicles is authorized and directed to issue, in addition to a regular registration plate, a special registration plate for the private passenger motor vehicle of each former speaker of the house of representatives, each former majority and minority leader of the house of representatives, and of each former majority and minority leader of the senate and president of the senate. Each of these plates is to bear the identification “house speaker emeritus”, “house majority leader emeritus”, “house minority leader emeritus”, “senate majority leader emeritus”, “senate minority leader emeritus”, or “senate president emeritus” with a seal of the state imprinted on the plate and shall be financed without additional registration charge for a period of time as each former speaker and senate majority leader and president of the senate desires.

History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-15 ; P.L. 1974, ch. 208, § 1; P.L. 1996, ch. 430, § 1; P.L. 1999, ch. 350, § 1; P.L. 2001, ch. 180, § 65; P.L. 2006, ch. 310, § 1.

31-3-16. General assembly plates.

1. The administrator of the division of motor vehicles is directed to make available to each duly elected member of the senate and of the house of representatives of the general assembly of the state of Rhode Island, so long as the member is serving during the term for which he or she has been elected as a member of the general assembly and no longer, two (2) special motor vehicle registration plates carrying on the first plate as a courtesy the word “senate” in the case of the senate, and the word “house” in the case of the house of representatives. On the second set of plates, in addition to the wording above, the letter “a” denoting auxiliary shall be placed on the plates. The plates are to have special identifying numbers corresponding to the number of the senatorial or representative district from which the member was elected.
2. The special motor vehicle registration plates shall carry thereon the design and the seal of the state of Rhode Island and shall be designed, sold, and attached to the motor vehicle without cost to the state.
3. Each member of any general assembly, at the expiration of his or her term as member, unless reelected, may retain the special motor vehicle registration plates in his or her own keeping, provided he or she does not display the plates upon any motor vehicle or any other form of transportation owned or operated by the member.
4. Any violation of the provisions of subsection (c) of this section shall be deemed a civil violation, and any person displaying a special motor vehicle registration plate upon any vehicle shall, upon conviction, be fined ten dollars ($10.00) for each offense.
5. The administrator of the division of motor vehicles shall reserve for the future use of each member of the general assembly the private registration plates which he or she turns into the division of motor vehicles in return for legislator’s plates. The administrator of the division of motor vehicles shall annually, during the month of January, submit a written notice to each member of the general assembly notifying him or her of the private registration plates which are being reserved for his or her future use. The notice shall indicate the registration plate designation and the legislator for which it is being reserved.
6. In a state of emergency, any member of the general assembly driving a vehicle bearing a special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by any state or municipal authority.

History of Section. P.L. 1950, ch. 2595, art. 3, § 8; P.L. 1951, ch. 2826, § 7; G.L. 1956, § 31-3-16 ; P.L. 1967, ch. 6, § 1; P.L. 1969, ch. 13, § 1; P.L. 1978, ch. 381, § 1; P.L. 1987, ch. 310, § 1; P.L. 1999, ch. 218, art. 6, § 1.

31-3-17. Volunteer fire company plates.

1. The administrator of the division of motor vehicles shall, upon approved application, issue annually to any member of any duly incorporated volunteer fire company in this state, so long as he or she remains a member of the volunteer fire company, a special identifying number plate which shall be attached to the motor vehicle of the member of the volunteer fire company in conjunction with the regular number plates assigned to the member of the fire company at the time of the registration of the vehicle. There shall be a one time charge of ten dollars ($10.00) for these special number plates, of which five dollars ($5.00) shall be deposited to the division of motor vehicles manufacturing account. The member of the volunteer fire company shall attach and display the special identifying number plate in accordance with such rules and regulations as the administrator of the division of motor vehicles shall promulgate.
2. The design of the plates shall be provided by the Rhode Island Association of Fire Chiefs, and shall be approved by the administrator of the division of motor vehicles.
3. Every plate issued shall bear an individual number to identify the vehicle to which it is attached. The administrator of the division of motor vehicles is empowered to promulgate any rules and regulations that are required in determining the manner by which the individual numbers will be selected and issued.

History of Section. P.L. 1950, ch. 2595, art. 3, § 8; G.L. 1956, § 31-3-17 ; P.L. 1992, ch. 38, § 1.

31-3-17.1. Courtesy plates.

1. The administrator of the division of motor vehicles shall design and issue under regulations that he or she deems appropriate, special courtesy automobile, motorcycle, and commercial registration plates to be used on passenger motor vehicles, motorcycles, and all commercial vehicles whose gross weight is not more than nine thousand pounds (9,000 lbs.) in lieu of other number plates. Special plates shall be of such design and shall bear such letters or combinations of letters and numbers as the administrator of the division of motor vehicles shall prescribe, and shall be made of light-reflecting sheeting applied on a metal base, provided that no automobile set of plates shall contain more than six (6) letters and numbers in a combination of letters and numbers, or less than two (2) letters, and that no motorcycle plate shall contain more than five (5) letters or more than five (5) letters and numbers in a combination or less than two (2) letters, and that a commercial courtesy plate shall be marked “commercial,” and shall contain no more than six (6) letters or more than six (6) letters and numbers in a combination or less than two (2) letters, and provided further, that there shall be no duplication of identification and the administrator of the division of motor vehicles shall, in his or her discretion, refuse to issue any letter or combination of letters and numbers that might carry connotations offensive to good taste and decency. A special automobile or commercial courtesy plate shall be issued upon application using forms furnished by the administrator of the division of motor vehicles, and upon payment, in addition to the regular prescribed motor vehicle registration fee, a service charge of sixty dollars ($60.00) for each issue and for each registration renewal. For motorcycles, a special courtesy plate shall be issued upon application using forms furnished by the division of motor vehicles, and upon payment, in addition to the regular prescribed motor vehicle registration fee, a service charge of thirty-four dollars ($34.00) for each issue and for each registration renewal. The service charge shall be paid to the administrator of the division of motor vehicles prior to the administrator’s acceptance of the application. The Rhode Island state lottery commission shall not be required to pay the service charge for any special courtesy plate issued pursuant to this section for motor vehicles owned or used by the lottery commission, and may utilize the special courtesy plates on all types of vehicles owned or operated by the lottery commission.
2. For any vehicle that is registered in accordance with § 31-1-3(a) , the division of motor vehicles may also issue or approve, subject to rules and regulations that may be promulgated by the administrator, a courtesy registration plate in accordance with the provisions of this section.

History of Section. P.L. 1961, ch. 79, § 1; P.L. 1963, ch. 133, § 1; P.L. 1967, ch. 63, § 1; P.L. 1968, ch. 97, § 1; P.L. 1968, ch. 101, § 1; P.L. 1969, ch. 2, § 1; P.L. 1975, ch. 301, § 1; P.L. 1976, ch. 214, § 1; P.L. 1979, ch. 250, § 1; P.L. 1981, ch. 338, § 1; P.L. 1990, ch. 10, art. 3, § 1; P.L. 1995, ch. 73, § 1; P.L. 1999, ch. 305, § 1; P.L. 2004, ch. 559, § 1; P.L. 2007, ch. 73, art. 7, § 11; P.L. 2012, ch. 47, § 1; P.L. 2012, ch. 53, § 1; P.L. 2018, ch. 134, § 1; P.L. 2018, ch. 249, § 1.

31-3-17.2. Civil defense plates.

The administrator of the division of motor vehicles may issue to the civil defense preparedness director of each city and town, for as long as such person remains a civil defense preparedness director, a special identifying number plate in place of any regular number plate assigned to each director at the time of the registration of a motor vehicle. The number shall be in numerical sequence preceded by the words “civil defense” or some similar appropriate designation, and the numbers shall be issued to the directors in alphabetical order according to the names of their respective city or town.

History of Section. P.L. 1964, ch. 212, § 1.

31-3-17.3. Temporary plates.

1. The administrator of motor vehicles may design and issue, under such regulations as he or she shall deem appropriate, temporary registration plates. Any vehicle issued a temporary plate may be operated on the public highways for a period of five (5) days from the date of issuance.
2. The administrator of motor vehicles shall design and issue, under such regulations as he or she shall deem appropriate, temporary registration plates to be issued by horse trailer dealers for the use on horse trailers. Any horse trailer issued a temporary plate may be operated on the public highways for a period of twenty (20) days from the date of issuance.
3. Temporary plates shall be issued at a charge of ten dollars ($10.00) per plate.

History of Section. P.L. 1991, ch. 285, § 1; P.L. 1993, ch. 138, art. 29, § 2; P.L. 1995, ch. 328, § 1; P.L. 1996, ch. 178, § 1; P.L. 1998, ch. 296, § 1; P.L. 2004, ch. 113, § 1; P.L. 2004, ch. 122, § 1.

31-3-17.4. Firefighter plates.

1. The administrator of the division of motor vehicles is empowered and authorized to make available to all active firefighters and retired firefighters a special motor vehicle registration plate for any motor vehicle eligible for registration as an automobile, or commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs.) or less, or vehicle eligible for a combination registration plate, pursuant to § 31-3-64 .
2. The special motor vehicle registration plate shall carry on it the designation “Firefighter” and a Maltese cross with the design provided by the Rhode Island Association of Fire Chiefs.
3. The administrator of the division of motor vehicles shall issue the plate upon payment of a service charge of twenty-five dollars ($25.00) and a transfer charge of five dollars ($5.00) for the plate, of which fifteen dollars ($15.00) shall be deposited to the division of motor vehicles manufacturing account.
4. For the purpose of this section, an active or retired member of any fire department shall be defined as any person certified by the chief of the fire department as currently a member of said department with at least one year active service or retired under honorable condition as a firefighter.
5. In a state of emergency, any active member of a fire department driving a vehicle bearing the special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by the state or municipal authority in accordance with their official duties.

History of Section. P.L. 2004, ch. 605, § 1; P.L. 2005, ch. 188, § 1; P.L. 2005, ch. 220, § 1; P.L. 2016, ch. 378, § 1; P.L. 2016, ch. 394, § 1.

31-3-18. Display of plates — Penalties.

1. Registration plates issued for a motor vehicle other than a motorcycle, trailer, transporter vehicle, in-transit vehicle, or a bailee engaged in a business as defined in § 31-1-17(a) , or other than a motor vehicle owned by a duly authorized dealer in motor vehicles and which is used in the dealer’s business shall be attached thereto one in the front and the other in the rear. The registration plate issued for a motorcycle, trailer, bailee, or a dealer’s motor vehicle as defined in this subsection shall be attached to the rear of the vehicle.
2. Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging at a height of not less than twelve inches (12") from the ground, measuring from the bottom of the plate; in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.
3. Penalties.  Any person who shall violate the provisions of this section shall be guilty of a violation and subject to a fine as enumerated in § 31-41.1-4 .
4. All vehicles registered as passenger, commercial, trailer, motorcycle, suburban, farm, combination, taxi, radio operator, camper, public, racer tow, jitney, and antique must have displayed on them the registration plate(s) as described in § 31-3-11 . This subsection does not apply to those registrants in possession of an alternative design plate as described in § 31-3-60 or any other specially authorized plate described in this chapter.

History of Section. P.L. 1950, ch. 2595, art. 3, § 9, G.L. 1956, § 31-3-18 ; P.L. 1968, ch. 103, § 1; P.L. 1970, ch. 108, § 2; P.L. 1978, ch. 386, § 1; P.L. 1987, ch. 165, § 1; P.L. 1997, ch. 45, § 1; P.L. 2000, ch. 109, § 56; P.L. 2006, ch. 216, § 7; P.L. 2008, ch. 100, art. 12, § 5; P.L. 2009, ch. 245, § 1; P.L. 2009, ch. 261, § 1.

Applicability.

P.L. 2008, ch. 100, art. 12, § 19 provides that the amendment to this section by that act takes effect July 1, 2008, and shall apply to all offenses committed on July 1, 2008 and thereafter.

31-3-19. Registration of race cars.

The administrator of the division of motor vehicles is authorized to issue a special registration certificate and marker for any motor vehicle constructed to be used for racing, and that must be towed over the public highways to and from such places where those vehicles are to be raced; however, these motor vehicles shall be equipped with adequate brakes and a rear light that shows a red light to the rear and also provides a source of white light to illuminate the rear number plate or marker. The fee for this registration shall be fifteen dollars ($15.00), and the registration shall expire March 31st following the date of issue. The registration plate or marker issued for this motor vehicle shall, in addition to the number assigned, bear a symbol to indicate that the vehicle is to be towed while on the public highways.

History of Section. P.L. 1949, ch. 2299, § 1; G.L. 1956, § 31-3-19 ; P.L. 1960, ch. 75, § 4.

31-3-20. Operation with manufacturer’s or dealer’s plates.

1. A manufacturer or dealer owning any vehicle of a type otherwise required to be registered under this chapter, or any bona fide employee of a manufacturer or dealer, or any other appropriate persons as defined by this chapter, or by regulations issued pursuant to this chapter, may operate or move the vehicle upon the highways for any purpose without registering the vehicle upon condition that the vehicle has displayed on it, in the manner prescribed in § 31-3-18 , a special plate issued to the owner as provided in §§ 31-3-23 — 31-3-25 .
2. Any manufacturer or dealer may loan a motor vehicle, the special plates, or both to any person for the purpose of demonstration of a motor vehicle, when a motor vehicle owned by the person is undergoing repairs, or when the person has purchased a motor vehicle the registration of which by him or her is pending, and in any case for not more than twenty (20) days in any year, provided the person operating the loaned motor vehicle or a motor vehicle bearing such loaned number plate shall furnish proof to the dealer or manufacturer that he or she has liability and property damage insurance which will cover any damage to any person or property caused by the operation of the loaned vehicle for which the operator would have been liable if he or she had also been the owner. This proof of insurance shall be set forth on a form to be obtained from the division of motor vehicles and the form shall be subject to any conditions that the division of motor vehicles may impose; provided that, in the event the person loaned the vehicle does not have an insurance policy in effect, then any liability or property damage shall be covered by the dealer’s insurance policy.
3. Any manufacturer or dealer may also loan a motor vehicle, under the circumstances outlined in this section, and the vehicle may be affixed plates belonging to the person operating the loaned motor vehicle when the number plates would be of the same classification. The dealer may issue a temporary certificate of registration of the vehicle and the vehicle may be operated upon the public highways under this certificate for a period of twenty (20) days from the date of issuance. The certificate shall be issued on a form obtained from the division of motor vehicles and shall be issued under any conditions that the division of motor vehicles may impose. The certificate shall be carried in the vehicle for which it is issued and the operator or person in control of the vehicle shall display the certificate for examination upon demand of any proper officer. Any damage to any person or property caused by the operation of the loaned vehicle shall be the responsibility of the operator or person in control of the vehicle and the dealer or manufacturer shall be in no way liable for it.
4. Every manufacturer or dealer shall keep a record of each loaned vehicle or number plate showing the date loaned, date returned, and the name and operator’s license number of the person operating any loaned vehicle or vehicle with the loaned number plates. This record shall be available during business hours for examination by any police officer or inspector designated by the administrator of the division of motor vehicles. Any licensed dealer or manufacturer may operate or cause to be operated by a bona fide employee a motor vehicle for his or her personal use and for use in connection with his or her business as a dealer or repairer for any length of time, provided that the dealer’s insurance policy shall at all times cover the motor vehicle while in use by the employee.

History of Section. P.L. 1951, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-20 ; P.L. 1964, ch. 164, § 1; P.L. 1968, ch. 103, § 2; P.L. 1984, ch. 437, § 2.

31-3-20.1. Operation with auto body repair shop plates.

1. 1. An auto body repair shop, officially licensed by the department of business regulations, may loan a motor vehicle to a client/customer whose registered motor vehicle is undergoing auto body repair on the premises of the respective auto body repair shop, and may affix to the loaned motor vehicle number plates registered to the motor vehicle undergoing auto body repair when the number plates are of the same classification. The licensed auto body repair shop may issue a temporary certificate of registration to the loaned motor vehicle under which the loaned vehicle may be operated upon the public highways for a period of twenty (20) days from the date of issuance. The certificate shall be issued on a form obtained from the division of motor vehicles and shall be titled “agreement — temporary loan of motor vehicle”.
   2. The certificate shall be issued under any conditions that the division of motor vehicles may impose. The certificate shall be carried in the loaned vehicle for which it is issued and the operator or person in control of the loaned vehicle shall display the certificate for examination upon demand of any proper officer. The client/customer shall furnish proof to the auto body repair shop that he or she has liability and property damage insurance which will cover any damage to any person or property caused by the operation of the loaned vehicle for which the client/customer would have been liable if he or she had been the owner.
   3. This proof of insurance shall be set forth on the certificate issued by the division of motor vehicles and shall be subject to any conditions that the division of motor vehicles may impose. In the event the client/customer to whom the vehicle is loaned shall not have proper insurance in effect, then any liability or property damage shall be covered by the auto body repair shop’s insurance policy. Section 31-47-12(d) shall apply to loaned motor vehicles, and the acceptable evidence of financial responsibility as filed in the rules and regulations relative to compulsory insurance or financial responsibility shall apply.
2. An auto body repair shop may not extend the use of “agreement — temporary loan of motor vehicle” certificates to anyone who is not a client/customer whose registered motor vehicle is undergoing auto body repair on the premises of the respective auto body repair shop. This legislation does not apply to any motor vehicle owned by a dealer, manufacturer, or operator of an auto body repair shop which is rented or leased for compensation to any person for any purpose.
3. Every auto body repair shop shall keep a record of each loaned vehicle showing the date loaned, date returned, name, address, and operator’s license number of the client/customer, the number plate transferred to the loaned vehicle, and the number of the certificate issued. This record shall be available during business hours for examination by any police officer or inspector designated by the administrator of the division of motor vehicles. This legislation does not apply to any motor vehicle owned by a dealer, manufacturer, or operator of an auto body repair shop which is rented or leased for compensation to any person for any purpose.
4. Penalties.  Any owner and/or employee of any auto body repair shop or customer who violates the provisions of this section shall be guilty of a violation and subject to a fine of two hundred dollars ($200) and have the authority to issue “agreement — temporary loan of motor vehicle” certificates revoked.

History of Section. P.L. 1997, ch. 373, § 1.

31-3-21. Use of bailee, transporter, and in transit plates.

1. A bailee may operate or move any vehicle of a type otherwise required to be registered under this chapter upon the highways solely for the purpose of delivery, upon displaying on the vehicle the plates issued to him or her as provided in §§ 31-3-23 — 31-3-25 .
2. In transit plates may be used to operate or move special mobile equipment upon the highways solely for the purpose of moving that equipment to and from the location of any type of construction.
3. A transporter may operate or move any vehicle of a type otherwise required to be registered under this chapter upon the highway solely for the purpose of delivering, upon displaying on the vehicle the plates issued to him or her as provided in §§ 31-3-23 — 31-3-25 .

History of Section. P.L. 1950, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-21 ; P.L. 1959, ch. 123, § 2; P.L. 1966, ch. 189, § 2.

31-3-22. Service vehicles owned by dealer.

The provisions of §§ 31-3-20 — 31-3-27 shall not apply to work or service vehicles owned by a manufacturer, bailee, transporter, or dealer.

History of Section. P.L. 1950, ch. 2595, art. 6, § 1; G.L. 1956, § 31-3-22 ; P.L. 1966, ch. 189, § 3.

31-3-23. Application for dealer’s plates.

Any manufacturer, bailee, transporter, or dealer may apply to the division of motor vehicles on the appropriate form to obtain a certificate containing a general distinguishing number and for one or more special plates as appropriate to various types of vehicles subject to registration pursuant to this chapter. The applicant shall also submit proof of his or her status as a bona fide manufacturer, bailee, transporter, or dealer as may reasonably be required by the division of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-23 ; P.L. 1966, ch. 189, § 4; P.L. 1968, ch. 103, § 2.

31-3-23.1. Limitation on number of plates.

Notwithstanding any other provision of law, the motor vehicle dealers’ license commission shall limit the number of plates allowable to any dealer in accordance with the provisions of §§ 31-5-1 — 31-5-20 , and the plates shall be issued by the administrator of the division of motor vehicles up to such limit upon application by the dealer.

History of Section. P.L. 1964, ch. 165, § 1.

31-3-24. Dealer’s certificate.

The division of motor vehicles, upon granting any application shall issue to the applicant a certificate containing the applicant’s name and address and the general distinguishing number assigned to the applicant.

History of Section. P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-24 .

31-3-25. Issuance of dealer’s plates.

1. The division of motor vehicles shall issue special “dealer’s plates” as applied for, which shall have displayed on them the general distinguishing number assigned to the applicant. Each plate so issued shall also contain a number or symbol identifying the plate from every other plate bearing the same general distinguishing number. The division of motor vehicles shall issue dealer’s plates every three (3) years in clearly distinguishable colors, one color to be used by new vehicle dealers, another color for used vehicles dealers, and another color for transporter and bailee plates. The color for each category enumerated in this section shall be changed every three (3) years with the issuance of the plates, and vehicle identification devices will be provided annually.
2. The dealer plate issuance scheduled for January 1, 2017, shall be deferred until January 1, 2018 to coincide with the dealer license renewal cycle.

History of Section. P.L. 1950, ch. 2595, art. 6, § 2; G.L. 1956, § 31-3-25 ; P.L. 1968, ch. 103, § 1; P.L. 1978, ch. 122, § 1; P.L. 1995, ch. 150, § 1; P.L. 2014, ch. 356, § 2; P.L. 2014, ch. 409, § 2.

31-3-25.1. Cost of dealer’s plates.

The cost for the annual issuance of the new plates shall be an additional one dollar and fifty cents ($1.50) per set per year.

History of Section. P.L. 1978, ch. 122, § 2.

31-3-25.2. Issuance of motorcycle dealer’s plates.

The division of motor vehicles shall issue special motorcycle dealer’s plates as applied for, which shall bear the following: “motorcycle dealer”. The provisions of this chapter regarding application for, and display of “dealer’s plates” shall apply to motorcycle dealer’s plates. The plates shall be issued annually at a charge of twelve dollars and fifty cents ($12.50) per plate.

History of Section. P.L. 1979, ch. 22, § 1.

31-3-25.3. Issuance of boat dealer’s plates.

The division of motor vehicles shall issue special boat dealer’s plates as applied for, which shall bear the following: “boat dealer”. The “boat dealer” plates shall be used only on boat trailers used by the boat dealer in the course of his or her business. With respect to trailers, the provisions of this chapter regarding application for, operation with, and display of “dealer’s plates” shall apply to boat dealer’s plates. Without limiting the general applicability of the preceding provisions, §§ 31-3-40 and 31-4-3 shall apply to boat dealers with respect to trailers. The plates shall be issued annually at a charge of twelve dollars and fifty cents ($12.50) per plate.

History of Section. P.L. 1983, ch. 325, § 1.

31-3-26. Expiration of dealer’s plates.

Every special plate issued pursuant to this chapter shall expire at midnight on the thirty-first (31st) day of December of each year. A new plate or plates for the ensuing year may be obtained by the person to whom any expired plate or plates was issued by applying to the division of motor vehicles and paying the fee provided by law.

History of Section. P.L. 1950, ch. 2595, art. 6, § 3; G.L. 1956, § 31-3-26 ; P.L. 1984, ch. 296, § 1.

31-3-27. Responsibility for use of dealer’s plates.

Every manufacturer, bailee, transporter, or dealer shall be at all times fully responsible and aware as to the use of special plates and the identity of the vehicles to which they are attached, and shall make this information immediately available to any proper officer.

History of Section. P.L. 1950, ch. 2595, art. 6, § 4; G.L. 1956, § 31-3-27 ; P.L. 1966, ch. 189, § 5.

31-3-28. Rules and regulations as to plates.

1. The administrator of the division of motor vehicles is authorized and empowered to make, alter, or amend, such rules and regulations that he or she may deem necessary, pertaining to the use, size, design, color scheme, and the material to be used in the manufacture of the number plates to be displayed on automobiles, motor trucks, trailers, semi-trailers, or other motor vehicles, except that at the next general issuance and each subsequent issuance. To promote safety and to facilitate the identification of registration plate letters and numerals at night, the department of revenue shall require that all registration plates shall be treated with special materials so as to make the background fully reflective and the letters and numerals on them readable at night for a minimum distance of one hundred feet (100´) with other illumination. An additional fee of one dollar ($1.00) shall be payable upon the initial issuance of the above described illuminated plates.
2. All rules and regulations made under the provisions of this section shall, after being approved by the governor and published at least once in each county of the state, have the effect of law.

History of Section. P.L. 1943, ch. 1302, §§ 1-3; G.L. 1956, § 31-3-28 ; P.L. 1971, ch. 120, § 1; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4.

31-3-29. Licensing of tow cars and tow trucks.

The administrator of the division of motor vehicles shall require that every tow car or tow truck shall be licensed with a special registration certificate.

History of Section. P.L. 1950, ch. 2595, art. 10, § 1; G.L. 1956, § 31-3-29 .

31-3-30. Accident chasing by tow trucks.

It shall be unlawful for any tow car or tow truck to be at the scene of a motor vehicle accident unless summoned by the participants in that accident or by the owners of the respective vehicles involved in that accident. Any owner of any tow car or tow truck or his or her duly authorized agent, if found guilty of violating the provisions of this section, shall be fined not exceeding twenty dollars ($20.00) for the first offense and for any subsequent offense shall be fined not exceeding twenty dollars ($20.00) and have his or her special registration certificate suspended by the administrator of the division of motor vehicles for such period as the administrator of the division of motor vehicles shall determine.

History of Section. P.L. 1950, ch. 2595, art. 10, § 1; G.L. 1956, § 31-3-30 .

31-3-31. Registration of farm vehicles.

1. Farm vehicles, as defined in § 31-1-8 , equipped with rubber tires while being used in farming and operated on highways shall be registered on a form furnished by the administrator of the division of motor vehicles and shall be assigned a special number plate with a suitable symbol or letter indicating the usage of the farm vehicle.
2. The director of the department of revenue shall promulgate rules and regulations for the inspection of farm vehicles.
3. Farm plates may not be utilized on: (1) Vehicles eligible for registration as private passenger automobiles; provided, however, that any vehicle eligible for registration as a private passenger and registered with farm plates prior to July 1, 2002, may continue to be registered with farm plates by the owner to whom the farm plates were issued; or (2) On any vehicle that is not a farm vehicle as defined in § 31-1-8 .
4. Farm plates may be displayed on vehicles used in the delivery of agricultural products produced by the farmer; however, farm plates shall not be displayed on vehicles used for deliveries by persons, as defined in § 31-1-17(g) , that do not raise agricultural products.
5. Any farm vehicle, as defined in § 31-1-8 , that is not required to be registered and that is covered by an insurance policy applicable to farm property and operations and that includes liability coverage, shall be deemed to have liability insurance as required by § 31-3-3(c) and to meet liability insurance requirements set forth in this title as long as such a policy is in effect. Documentation of such insurance, including the name of the carrier, policy, number, and effective date, may be required by the division for the registration of said vehicle and for the renewal of such registration.

History of Section. P.L. 1950, ch. 2595, art. 11, § 1; G.L. 1956, § 31-3-31 ; P.L. 1984, ch. 287, § 1; P.L. 2002, ch. 404, § 2; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4; P.L. 2014, ch. 66, § 1; P.L. 2014, ch. 72, § 1; P.L. 2016, ch. 387, § 1; P.L. 2016, ch. 399, § 1.

31-3-31.1. Registration of street rods and custom vehicles.

1. Definition of terms:
   1. A “street rod” means a motor vehicle that:
      1. Is a 1948 or older vehicle; or the vehicle was manufactured after 1948 to resemble a vehicle manufactured before 1949; and
      2. Has been altered from the manufacturer’s original design; or has a body constructed from nonoriginal materials.
   2. The model year and the year of manufacture that are listed on the certificate of title of a street rod vehicle shall be the model year and year of manufacture that the body of such vehicle resembles.
2. Registration fee and application for street rods shall be as follows:
   1. For each such street rod, there shall be a one-time pre-registration surcharge of fifty dollars ($50.00) which said sum(s) shall be accumulated by the division of motor vehicles until such time as said sum reaches an aggregate of twenty-three thousand dollars ($23,000) whereupon said division is authorized to proceed with the ordering/manufacturing of plates as required by subsection (3) herein. In addition thereto, and from hence forth, there shall be paid regular registration fees required for standard passenger vehicles as determined by the division of motor vehicles.
   2. 1. In applying for registration of a street rod under this section, the owner of the street rod shall submit with the application a certification that the vehicle for which the application is made:
         1. Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and
         2. Will not be used for general daily transportation.
      2. In addition to the certification required under paragraph (i) of this subsection, when applying for registration of a street rod, the new owner of the street rod shall provide proof acceptable to the administration that the street rod passed a safety inspection that has been approved by the administration in consultation with the street rod community in this state.
   3. On registration of a vehicle under this section, the administration shall issue a special street rod vehicle registration plate of the size and design that the administration determines in consultation with the street rod community in this state.
   4. Unless the presence of the equipment was specifically required by a statute of this state as a condition of sale in the year listed as the year of manufacture on the certificate of title, the presence of any specific equipment is not required for the operation of a vehicle registered under this section.
   5. A vehicle registered under this section is exempt from any statute that requires periodic vehicle inspections and from any statute that requires the use and inspection of emission controls.

History of Section. P.L. 2004, ch. 310, § 1; P.L. 2004, ch. 457, § 1.

31-3-31.2. Custom vehicles — Definition — Registration and fees.

1. A custom vehicle means any motor vehicle that:
   1. Is at least twenty-five (25) or more years old and of a model year after 1948; or was manufactured to resemble a vehicle twenty-five (25) years old and of a model year after 1948; and
   2. Has been altered from the manufacturer’s original design; or has a body constructed from nonoriginal materials.
   3. The model year and the year of manufacture that are listed on the certificate of title of a custom vehicle shall be the model year and year of manufacture that the body of such vehicle resembles.
2. For each such custom vehicle, there shall be a one-time pre-registration surcharge of fifty dollars ($50.00) which said sum(s) shall be accumulated by the division of motor vehicles until such time as said sum reaches an aggregate of twenty-three thousand dollars ($23,000) whereupon said division is authorized to proceed with the ordering/manufacturing of plates as required by subsection (d) herein. In addition thereto, and from hence forth, there shall be paid regular registration fees required for standard passenger vehicles as determined by the division of motor vehicles.
3. 1. In applying for registration of a custom vehicle under this section, the owner of the custom vehicle shall submit with the application a certification that the vehicle for which the application is made:
      1. Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, and similar uses; and
      2. Will not be used for general daily transportation.
   2. In addition to the certification required under paragraph (1) of this subsection, when applying for registration of a custom vehicle, the new owner of the custom vehicle shall provide proof acceptable to the administration that the custom vehicle passed a safety inspection that has been approved by the administration in consultation with the custom vehicle community in this state.
4. On registration of a vehicle under this section, the administration shall issue a special custom vehicle registration plate of the size and design that the administration determines in consultation with the custom vehicle community of this state.
5. Unless the presence of the equipment was specifically required by a statute of this state as a condition of sale in the year listed as the year of manufacture on the certificate of title, the presence of any specific equipment is not required for the operation of a vehicle registered under this section.
6. A vehicle registered under this section is exempt from any statute that requires periodic vehicle inspections and from any statute that requires the use and inspections of emission controls.
7. Signal lamps and devices — Street rod vehicles and custom vehicles:
   1. “Blue dot tail light” means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than one inch in diameter.
   2. A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors.

History of Section. P.L. 2004, ch. 310, § 1; P.L. 2004, ch. 457, § 1.

31-3-31.3. Registration of specially constructed vehicles.

1. A “specially constructed vehicle” means every vehicle of a type that must be registered under chapters 3 through 9 of this title, but not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles.
2. Specially constructed vehicles shall be subject to the registration fees in § 31-6-1 .
3. Before a specially constructed vehicle can be registered, it must undergo an inspection by the division of motor vehicles to determine whether the vehicle was designed for and may be safely operated on public roads, and meets all necessary safety standards. Only those specially constructed vehicles that are deemed by the division of motor vehicles to be designed for use on public roads and meeting all necessary safety standards shall be registered. Specially constructed vehicles that are registered shall be subject to inspection pursuant to § 31-38-4 to ensure that the vehicle continues to meet all necessary safety standards.

History of Section. P.L. 2013, ch. 188, § 2; P.L. 2013, ch. 203, § 2; P.L. 2021, ch. 395, § 8, effective July 14, 2021.

31-3-32. Expiration of registration.

Every vehicle registration under chapters 3 — 9 of this title and every registration card and registration plate issued under this chapter shall expire at midnight on the thirty-first (31st) day of March of each year, except that the director of the department of revenue, division of motor vehicles shall implement a staggered registration system and a staggered distribution system for fully reflective plates required to be on all vehicles pursuant to § 31-3-10 . Implementation of the staggered registration system and distribution system shall be by rules and regulations promulgated by the director of revenue, division of motor vehicles. Every registration card and registration plate issued to apportioned vehicles shall expire on the thirty-first (31st) day of May of each year. A fee for the initial issuance of fully reflective plates and each reissuance thereafter shall be charged in accordance with § 31-6-1(a). However, the requirements for the reissue of fully reflective plates shall apply only to those standard plates described in § 31-3-11 and not to plates authorized by any other section of the general or public laws. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1950, ch. 2595, art. 3, § 10; G.L. 1956, § 31-3-32 ; P.L. 1979, ch. 195, § 1; P.L. 1990, ch. 10, art. 5, § 1; P.L. 1995, ch. 135, § 1; P.L. 1996, ch. 100, art. 30, § 1; P.L. 2000, ch. 109, § 56; P.L. 2002, ch. 292, § 103; P.L. 2002, ch. 321, § 1; P.L. 2008, ch. 98, § 4; P.L. 2008, ch. 145, § 4.

31-3-33. Renewal of registration.

1. Application for renewal of a vehicle registration shall be made by the owner on a proper application form and by payment of the registration fee for the vehicle as provided by law.
2. The division of motor vehicles may receive applications for renewal of registration, and may grant the renewal and issue new registration cards and plates at any time prior to expiration of registration.
3. Upon renewal, owners will be issued a renewal sticker for each registration plate that shall be placed at the bottom, right-hand corner of the plate. Owners shall be issued a new, fully reflective plate beginning July 1, 2022, at the time of initial registration or at the renewal of an existing registration and reissuance will be conducted no less than every ten (10) years.
4. No later than August 15, 2019, and every fifteenth day of the month through August 15, 2020, the division of motor vehicles shall submit a report outlining the previous month’s activity and progress towards the implementation of the license plate reissuance to the chairpersons of the house finance and senate finance committee, the house fiscal advisor, and the senate fiscal advisor. The report shall include, but not be limited to, information on the status of project plans, obstacles to implementation, and actions taken toward implementation.

History of Section. P.L. 1950, ch. 2595, art. 3, § 11; G.L. 1956, § 31-3-33 ; P.L. 1979, ch. 195, § 1; P.L. 1990, ch. 13, § 1; P.L. 1995, ch. 135, § 1; P.L. 2009, ch. 245, § 1; P.L. 2009, ch. 261, § 1; P.L. 2011, ch. 151, art. 13, § 2; P.L. 2013, ch. 144, art. 6, § 1; P.L. 2015, ch. 141, art. 4, § 1; P.L. 2016, ch. 142, art. 9, § 1; P.L. 2017, ch. 302, art. 4, § 2; P.L. 2018, ch. 47, art. 8, § 1; P.L. 2019, ch. 88, art. 7, § 2; P.L. 2021, ch. 162, art. 3, § 4, effective July 6, 2021.

31-3-34. Notice of change of address.

Whenever any person after applying for or obtaining the registration of a vehicle shall move from the address named in the application or shown upon a registration card, that person shall within ten (10) days subsequent to moving notify the division of motor vehicles in writing of his or her former and current addresses. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1950, ch. 2595, art. 3, § 12; G.L. 1956, § 31-3-34 ; P.L. 2002, ch. 292, § 103.

31-3-35. Notice of change of name.

Whenever the name of any person who has applied for or obtained the registration of a vehicle is subsequently changed by marriage or otherwise, that person shall within ten (10) days notify the division of motor vehicles of the former and current names. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1950, ch. 2595, art. 3, § 12; G.L. 1956, § 31-3-35 ; P.L. 2002, ch. 292, § 103.

31-3-36. Replacement of lost or mutilated registration card or plates.

In the event any registration card or plate is lost, mutilated, or becomes illegible, the owner, legal representative, or successor in interest of the owner of the vehicle for which the registration card or plate was issued as shown by the records of the division of motor vehicles shall immediately apply for and may obtain a duplicate, substitute, or a new registration under a new registration number, as determined to be most advisable by the division of motor vehicles, upon the applicant furnishing information satisfactory to the division of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 3, § 13; G.L. 1956, § 31-3-36 .

31-3-37. Assignment of new identifying numbers.

The division of motor vehicles is authorized to assign a distinguishing number to a motor vehicle whenever the motor or serial number thereon is destroyed or obliterated and to issue to the owner a special plate bearing such distinguishing number which shall be affixed to the vehicle in a position to be determined by the administrator of the division of motor vehicles. The motor vehicle shall be registered under this distinguishing number in lieu of the former serial number.

History of Section. P.L. 1950, ch. 2595, art. 3, § 14; G.L. 1956, § 31-3-37 .

31-3-38. Change of engines.

The administrator of the division of motor vehicles is authorized to adopt and enforce such registration rules and regulations that are deemed necessary and compatible with the public interest with respect to the change or substitution of one engine in place of another in any motor vehicle.

History of Section. P.L. 1950, ch. 2595, art. 3, § 15; G.L. 1956, § 31-3-38 .

31-3-39. Amateur radio operator plates.

The administrator of the division of motor vehicles shall issue for any motor vehicle eligible for registration as an automobile or eligible for registration as a commercial vehicle and having a gross weight of nine thousand (9,000) pounds or less for the motor vehicle of a radio amateur, other than a novice, licensed by the federal communications commission, as long as he or she shall remain so licensed, and such registration plates as issued shall identify the registrant by the station and operator “call sign” assigned to him or her by the federal communications commission. This issuance of special plates shall be in accordance with the statutory requirements relating to the registration of motor vehicles and upon the payment of the regular registration fee. Application for the special plates shall be made in advance and upon the special form or forms as the administrator of the division of motor vehicles shall designate.

History of Section. P.L. 1958, ch. 196, § 1; P.L. 1986, ch. 485, § 1; P.L. 1998, ch. 241, § 1.

31-3-40. Special use identification tags.

1. A new car dealer or used car dealer may apply to the administrator of the division of motor vehicles for special use identification tags for use on vehicles sold by him or her pending the registration of the vehicles, and provided that all vehicles upon which special use identification tags are to be used conform to the standards for general safety. Special use identification tags shall be of a size and type determined by the administrator of the division of motor vehicles, and shall be sold to dealers at a cost to be determined by the administrator of the division of motor vehicles, not to exceed twenty-five dollars ($25.00) per plate.
2. Special use certificates and special use identification tags may be used on a vehicle sold by the dealer to a resident or nonresident. The special use certificate and special use identification tags shall be valid for no more than twenty (20) days including the date of delivery of the certificate and tags by the dealer, and no dealer or any other person shall extend the expiration date thereof, nor shall any person other than the administrator of the division of motor vehicles issue another similar certificate or tag. The special certificate shall be carried in the vehicle bearing the special use identification tags whenever the vehicle is being operated on a public highway. Special use identification tags shall be displayed in the same manner as required in this chapter for the display of registration plates. Upon the removal of special use identification tags from a vehicle, they shall be destroyed immediately by the person to whom issued or his or her agent.
3. Upon the issuance of a special use certificate and special use identification tags, the dealer shall prepare the special use certificate in triplicate and shall print or type all of the information required on the certificate. The dealer shall imprint legibly with a rubber date stamp, in black ink, upon the special use identification tag, the date of expiration of the tag in letters and numerals not less than one inch (1") in height, nor less than one-fourth of an inch (1/4") in width. The special use identification tag shall also contain the vehicle identification number of the car on which it is displayed and the dealer’s identification number. The original copy of the special use certificate shall be given to the person named in the certificate. The duplicate copy shall become the notice required by subsection (d) of this section. The third copy shall be held in the dealer’s files and shall be exhibited upon demand of the administrator of the division of motor vehicles or of any peace officer.
4. Notice of delivery of the special use certificate and special use identification tags shall be mailed to the administrator of the division of motor vehicles not later than the next business day after delivery.
5. In the event that a dealer goes out of business, or transfers his or her business to any other person, firm, or corporation, the dealer shall return to the administrator of the division of motor vehicles within five (5) days all special use certificates and special use identification tags held by him or her.
6. No dealer shall make any use of special use certificates or special use identification tags except in accordance with the provisions of this section.
7. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1960, ch. 33, § 1; P.L. 1963, ch. 86, § 1; P.L. 1976, ch. 69, § 1; P.L. 1978, ch. 324, § 1; P.L. 1988, ch. 360, § 1; P.L. 1989, ch. 126, art. 11, § 1; P.L. 1993, ch. 138, art. 29, § 2; P.L. 1998, ch. 296, § 1; P.L. 2002, ch. 292, § 103; P.L. 2011, ch. 151, art. 13, § 1.

31-3-41. Return of registration card and plates — Receipt.

Whenever, under any of the provisions of title 31, entitled “motor and other vehicles,” a person surrenders, returns, or delivers to any person in the division of motor vehicles, any registration card or plate, a receipt shall be given, sufficiently identifying the registration card or plate and showing the date it was received. As soon as practical after January 1st, in every year, the division of motor vehicles shall furnish, without charge, to the tax assessors of each city or town in this state a statement of cancellation, surrendering or returns of registration plates of motor vehicles whose owners have addresses in the respective cities or towns on or after January 1st and through the thirty-first (31st) day of December of the previous year and the inclusive dates of their registration with this period.

History of Section. P.L. 1962, ch. 193, § 1; P.L. 1992, ch. 451, § 1.

31-3-42. Camper plates.

The administrator of the division of motor vehicles shall issue plates designated as “camper plates” to any person who shall register a travel trailer, pick-up coach, pick-up camper, motorized camper, or tent trailer. In addition, the administrator of the division of motor vehicles shall issue a registration certificate to any person registering a pick-up coach or pick-up camper, which shall be affixed to the coach or camper portion of the vehicle and for which there shall be an additional registration fee of three dollars ($3.00). The design of the certificate shall be prescribed by the administrator of the division of motor vehicles and the certificate shall be maintained in a manner and location prescribed by the administrator of the division of motor vehicles.

History of Section. P.L. 1967, ch. 217, § 3; P.L. 1977, ch. 218, § 1.

31-3-43. Sheriffs’ department plates.

The administrator of the division of motor vehicles shall issue to the sheriffs’ departments of the various counties, for use on state owned vehicles used by the departments, a special identifying number plate in numerical sequence preceded by the words “sheriff’s department.”

History of Section. P.L. 1969, ch. 155, § 1; P.L. 2014, ch. 59, § 1; P.L. 2014, ch. 62, § 1.

31-3-44. Ambulance or rescue vehicles.

The administrator of the division of motor vehicles shall issue passenger car registration plates for any ambulance or rescue vehicle, used in transporting sick or injured patients, owned by a city or town or as part of a volunteer ambulance or rescue corps.

History of Section. P.L. 1976, ch. 218, § 1.

31-3-45. Police motorcycle plates.

The administrator of the division of motor vehicles shall issue to all police departments police motorcycle registration plates. These plates shall be imprinted with the words “police motorcycle” and shall be a distinctive color to distinguish them from standard motorcycle plates.

History of Section. P.L. 1980, ch. 233, § 1.

31-3-45.1. Police registration plates.

1. The administrator of the division of motor vehicles shall upon request issue to all police departments within this state, as listed in § 12-7-21 but, excluding the Rhode Island state police, and Rhode Island sheriffs’ department, police registration plates.
2. The above described plates shall be imprinted with the word “police” and shall be of a distinctive color to distinguish them from standard registration plates.

History of Section. P.L. 1992, ch. 433, § 1.

31-3-46. P.O.W. plates.

The administrator of the division of motor vehicles shall issue plates designated as “Ex-P.O.W.” upon application on proper forms furnished by the administrator of the division of motor vehicles to former prisoners of war (P.O.W.) of World Wars I and II, the Korean conflict, and Vietnam conflict. The plates may be issued for any motor vehicle eligible for registration as an automobile, or a commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs) or less. The applicant shall not be required to pay a registration fee or service charge for the plate. Upon the death of the holder of any P.O.W. plates, the plates shall be transferred to his or her surviving spouse for the spouse’s lifetime until he or she remarries.

History of Section. P.L. 1983, ch. 127, § 1; P.L. 1985, ch. 253, § 2; P.L. 1987, ch. 588, § 1; P.L. 1990, ch. 34, § 1; P.L. 1991, ch. 30, § 1; P.L. 2005, ch. 188, § 1; P.L. 2005, ch. 220, § 1.

31-3-47. Judiciary plates.

1. The administrator of the division of motor vehicles is empowered to make available to each justice of the supreme, superior, family, and district courts, to each judge of the workers’ compensation court, the general magistrate of the family court, and to each judge or magistrate of the traffic tribunal of the state of Rhode Island, so long as that member is serving, a special motor vehicle registration plate.
2. Each special motor vehicle registration plate shall carry thereon the design and the seal of the state of Rhode Island and the word, “judiciary.”
3. The special motor vehicle registration plate shall have consecutive numbers starting with one through the combined number of people entitled to said plates. Numbers one through five (5) shall be assigned to the supreme court; numbers six (6) through eight (8) shall be assigned to the presiding justice of superior court, chief judge of family court, and chief judge of district court, number nine (9) shall be assigned to the chief judge of the workers’ compensation court; number ten (10) shall be assigned to the chief magistrate of the traffic tribunal. Each remaining member of the judiciary, and the remaining members of the workers’ compensation court, and the remaining judges and magistrates of the traffic tribunal and the general magistrate of the family court will then be awarded a number according to seniority. The administrator of the division of motor vehicles shall reassign numbers no more than every four (4) years after the initial distribution.
4. Each member of the judiciary, workers’ compensation court, the general magistrate of the family court and traffic tribunal, as provided in this section, shall have the option of displaying at any time that plate or the private registration plate assigned to his or her vehicle.
5. The administrator of the division of motor vehicles shall issue the judiciary plate upon payment, in addition to the regular prescribed motor vehicle registration fee, of a service charge of ten dollars ($10.00) for each issue and for each registration renewal.

History of Section. P.L. 1983, ch. 195, § 1; P.L. 1987, ch. 52, § 2; P.L. 1998, ch. 442, § 4; P.L. 2008, ch. 1, § 9; P.L. 2021, ch. 77, § 14, effective June 23, 2021; P.L. 2021, ch. 78, § 14, effective June 23, 2021.

31-3-48. Plates for recipients of Purple Heart.

1. The administrator of the division of motor vehicles is empowered to make available to recipients of the Purple Heart Medal a special motor vehicle registration plate indicating the owner as a recipient of the Purple Heart.
2. The plate shall contain the words “combat wounded” across the top of the plate and shall have an insignia for the Purple Heart and be followed by the letters “P H”, followed by a numeral or numerals. The Purple Heart insignia may be reproduced on the plate in the color purple.
3. Upon the death of the holder of any purple heart plates, the plates shall be transferred to his or her surviving spouse for the spouse’s lifetime until he or she remarries.
4. The applicant is not required to pay a registration fee or service charge for the plates.
5. Upon the death of the holder of any purple heart plates, if there is no surviving spouse, a family member of the recipient may retain one of the special motor vehicle registration plates in his or her own keeping, provided he or she does not display the plate upon any motor vehicle or any other form of transportation owned or operated by the family member. The other purple heart plate must be returned to the division of motor vehicles.
6. Any violation of the provisions of subsection (e) of this section shall be deemed a civil violation, and any person displaying a special motor vehicle registration plate upon any vehicle shall, upon conviction, be fined five hundred dollars ($500) for each offense. Each day in which the special motor vehicle registration plate is displayed upon any vehicle shall be a separate offense punishable by the same penalty.

History of Section. P.L. 1987, ch. 53, § 1; P.L. 1987, ch. 345, § 2; P.L. 1989, ch. 482, § 1; P.L. 1990, ch. 186, § 1; P.L. 1994, ch. 188, § 1; P.L. 2000, ch. 109, § 56; P.L. 2002, ch. 254, § 1; P.L. 2015, ch. 137, § 1; P.L. 2015, ch. 149, § 1.

31-3-48.1. Plates for recipients of Distinguished Service Cross.

1. The administrator of motor vehicles is empowered to make available to recipients of the United States Army Distinguished Service Cross medal a special motor vehicle registration plate indicating the owner as a recipient of the distinguished service cross. The applicant shall be required to pay a registration fee and a transfer charge of five dollars ($5.00) for the plate.
2. The plate shall contain the words “Distinguished Service Cross” across the top of the plate, shall bear an insignia for the distinguished service cross, and then a numeral or numerals.
3. Upon the death of the holder of any “Distinguished Service Cross” plate, the plate shall be transferred to the surviving spouse for the spouse’s lifetime or until remarriage.

History of Section. P.L. 2001, ch. 246, § 1.

31-3-48.2. Plates for recipients of the Bronze Star Medal.

1. The administrator of the division of motor vehicles is empowered to make available to recipients of the United States Bronze Star Medal a special motor vehicle registration plate indicating the owner as a recipient of the Bronze Star Medal. The applicant shall be required to pay a registration fee and a transfer charge of five dollars ($5.00) for the plate.
2. The plate shall contain the words “Bronze Star Medal” across the top of the plate, shall bear an insignia for the Bronze Star Medal, and then a numeral or numerals.
3. Upon the death of the holder of any “Bronze Star Medal” plate, the plate shall be transferred to the surviving spouse for the spouse’s lifetime or until remarriage.

History of Section. P.L. 2022, ch. 71, § 1, effective June 15, 2022; P.L. 2022, ch. 72, § 1, § 1, effective June 15, 2022.

31-3-49. Chief Judge Emeritus — Charles F. Trumpetto.

The division of motor vehicles of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former district court judge, Charles F. Trumpetto. This plate is to bear the identification “Chief Judge Emeritus” with a seal of the state imprinted on it and shall be furnished without additional registration charge for such period of time as Judge Trumpetto so desires.

History of Section. P.L. 1987, ch. 611, § 1.

31-3-50. Chief Judge Emeritus 8 — William R. Goldberg.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former family court chief judge, William R. Goldberg. This plate is to bear the identification “Chief Judge Emeritus 8” with a seal of the state thereon imprinted and shall be furnished without additional registration charge for such period of time as Judge Goldberg so desires.

History of Section. P.L. 1987, ch. 481, § 1.

31-3-51. Police Chief Emeritus — Matthew Lynch.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former police chief of the city of Woonsocket, Matthew Lynch. This plate is to bear the identification “Police Chief Emeritus” and shall be furnished without additional registration charge for such period of time as Matthew Lynch so desires.

History of Section. P.L. 1987, ch. 611, § 1.

31-3-52. Certificate of prior use.

Upon the sale or transfer of title by a dealer of any used motor vehicle, the dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the Rhode Island automobile dealers licensing commission which shall set forth the nature of the principal prior use of the vehicle when dealers know or have reason to know that the use of vehicle was a taxicab, police vehicle, driver education vehicle, rental vehicle, or vehicle which has been repurchased pursuant to chapter 5.2 or chapter 5.4 of this title, a similar statute of another state, or an arbitration or alternative dispute procedure.

History of Section. P.L. 1988, ch. 225, § 1.

31-3-53. Veterans’ plates.

1. The registrar of motor vehicles shall issue for any motor vehicle eligible for registration as an automobile, or for any motorcycle eligible for registration as a motorcycle, or for a commercial vehicle having a gross weight of twelve thousand pounds (12,000 lbs.) or less, plates designated as “Veteran” upon application on proper forms furnished by the administrator of the division of motor vehicles to veterans.
2. The special plate designated “Veteran” shall be designed as follows:
   1. Letters and numbers shall be blue in a white background with the words “Rhode Island” clearly visible at the top center of the plate and the word “Veteran” visible at the bottom center of the plate.
   2. The background will be a red, white, and blue waving American Flag.
   3. On the top right corner will be a decal with the military branch of the service in which the Veteran served (Army, Navy, Air Force, Marines, Coast Guard, and Merchant Marines).
   4. For war veterans, a white decal with blue letters with the words “War Veteran” placed under the military branch decal on the right side of the plate above the validation sticker.
3. The applicant shall not be required to pay a service charge or a transfer charge for each plate.
4. 1. The applicant shall be entitled to a plate for each vehicle owned by the applicant.
   2. The applicant shall also be entitled to a plate for one vehicle owned by an entity  the applicant owns. The entity must be registered and authorized to conduct business in the state of Rhode Island. The applicant must provide to the division of motor vehicles documentation demonstrating the applicant’s ownership of the entity.
5. The owner of a motor vehicle eligible for registration as a commercial vehicle and having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued veteran plates shall continue to pay the appropriate commercial registration fee for those plates.
6. 1. For the purposes of this section, a “veteran” shall be defined as any person who has served on active duty in the armed forces of the United States. The term “veteran” shall also include members of the National Guard and Reserves: (i) Called to active duty authorized by the President of the United States or the Secretary of Defense; or (ii) Who have twenty (20) years of service with a letter and record of separation of service.
   2. For the purposes of this section, “War Veteran” shall be defined as any veteran of any conflict or undeclared war who has earned a campaign ribbon or expeditionary medal for service in either a declared or undeclared war as noted on the war veteran’s DD-214. Upon the death of the holder of any veteran plates, the plates shall be transferred to the surviving spouse for the spouse’s lifetime until he or she remarries.
7. The “veteran” or “war veteran” described in subdivisions (f)(1)(i) or (ii) and (f)(2) must have been honorably discharged from the armed forces of this nation in order to receive plates pursuant to this section and, for purposes of this section, a medical discharge or a general discharge shall be deemed an honorable discharge.
8. [Deleted by P.L. 2021, ch. 119, §  1 and P.L. 2021, ch. 120, §  1.]
9. A person shall be eligible for a veterans’ plate if his or her deceased spouse was eligible for a veterans’ plate, notwithstanding the fact that the eligible, deceased spouse died prior to the enactment of this section in 1988.

History of Section. P.L. 1988, ch. 458, § 1; P.L. 1989, ch. 354, § 1; P.L. 1990, ch. 186, § 1; P.L. 1990, ch. 402, § 1; P.L. 1990, ch. 426, § 1; P.L. 1990, ch. 454, § 1; P.L. 1991, ch. 30, § 1; P.L. 1992, ch. 156, § 2; P.L. 1992, ch. 334, § 1; P.L. 1993, ch. 411, § 1; P.L. 1995, ch. 305, § 1; P.L. 1997, ch. 126, § 1; P.L. 2000, ch. 323, § 1; P.L. 2000, ch. 460, § 1; P.L. 2004, ch. 428, § 1; P.L. 2006, ch. 212, § 1; P.L. 2006, ch. 343, § 1; P.L. 2006, ch. 642, § 1; P.L. 2007, ch. 59, § 1; P.L. 2007, ch. 68, § 1; P.L. 2008, ch. 10, § 1; P.L. 2008, ch. 11, § 1; P.L. 2008, ch. 152, § 1; P.L. 2014, ch. 510, § 1; P.L. 2016, ch. 142, art. 9, § 2; P.L. 2021, ch. 119, § 1, effective July 2, 2021; P.L. 2021, ch. 120, § 1, effective July 2, 2021.

31-3-54. Police Chief Emeritus — John C. Beebe III.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicle of former police chief of the city of Newport, John C. Beebe III. This plate is to bear the identification “Police Chief Emeritus” along with an appropriate number and shall be furnished without additional registration charge for such period of time as John C. Beebe III so desires.

History of Section. P.L. 1988, ch. 591, § 1; P.L. 1999, ch. 300, § 1.

31-3-55. Repealed.

History of Section. P.L. 1989, ch. 418, § 1; P.L. 1992, ch. 36 § 1; P.L. 1995, ch. 39, § 1; Repealed by P.L. 2000, ch. 109, § 57, effective July 7, 2000.

31-3-56. Congressman Emeritus — Fernand J. St. Germain.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former United States representative, first district, Fernand J. St. Germain. This plate is to bear the identification “Congressman Emeritus”, along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Fernand J. St. Germain so desires.

History of Section. P.L. 1989, ch. 558, § 1.

31-3-57. Police Chief Emeritus — John T. Botelho.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former police chief of the town of East Greenwich, John T. Botelho. This plate is to bear the identification “Police Chief Emeritus”, along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as John T. Botelho so desires.

History of Section. P.L. 1990, ch. 41, § 1.

31-3-58. Judge Emeritus — Edward J. Plunkett.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former district court judge, Edward J. Plunkett. This plate is to bear the identification “Judge Emeritus” with an appropriate number and a seal of the state thereon imprinted and the plate shall be furnished without additional registration charge for such period of time as Judge Plunkett so desires.

History of Section. P.L. 1990, ch. 276, § 1.

31-3-59. House Emeritus — Irving Levin.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former representative Irving Levin. This plate is to bear the identification “Representative Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Irving Levin so desires.

History of Section. P.L. 1991, ch. 41, § 1.

31-3-59.1. Congressman Emeritus — Edward Beard.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former United States Representative, Second District, Edward Beard. This plate is to bear the identification “Congressman Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Edward Beard so desires.

History of Section. P.L. 1992, ch. 111, § 1.

31-3-60. Alternative design plates.

1. The administrator of the division of motor vehicles is empowered and authorized to make available to every owner of a motor vehicle eligible for registration as an automobile or commercial vehicle plates designated as “alternative design” upon application on proper forms furnished by the administrator of the division of motor vehicles. The alternative plates shall display upon them the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle for the period the registration remains active. Upon issuance of said alternative plates, the original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles for destruction.
2. The alternative plates shall be designed as follows:
   1. White reflective background;
   2. Top border shall be red stripes except the words “Rhode Island” which shall be solid red;
   3. Letters and numbers shall be blue;
   4. Bottom border shall be blue stripes with thirteen (13) white stars;
   5. On the bottom above the border the words “Ocean State” in blue except commercial plates which shall have the word “Commercial” in place of the words “Ocean State”;
   6. Background shall contain the picture of a sailboat and water in grey.
3. The applicant shall be required to pay a service charge of twenty dollars ($20.00) for the plate.
4. The owner of a motor vehicle eligible for registration as an automobile that is issued alternative plates shall continue to pay the appropriate automobile registration fee for the plates. The owner of a motor vehicle eligible for registration as a commercial vehicle that is issued alternative plates shall continue to pay the appropriate commercial registration fee for the plates pursuant to § 31-3-11 .

History of Section. P.L. 1991, ch. 114, § 1; P.L. 1993, ch. 138, art. 85, § 5.

31-3-61. Fire Chief Emeritus — Gerald Landry.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former fire chief of the city of Woonsocket, Gerald Landry. This plate is to bear the identification “Fire Chief Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Gerald Landry so desires.

History of Section. P.L. 1991, ch. 142, § 1.

31-3-62. National guard plates.

1. The administrator of the division of motor vehicles is empowered and authorized to make available to all active and retired members of the Rhode Island army and air national guard a special motor vehicle registration plate for any motor vehicle eligible for registration as an automobile or a commercial vehicle having a gross weight of eight thousand-five hundred pounds (8,500 lbs.) or less.
2. The special motor vehicle registration plate shall carry on it the designation “National Guard” and shall also carry on it an emblem on the left-hand side of the plate to be designed and provided by the office of the adjutant general, with the numerals to the right of it.
3. The administrator of the division of motor vehicles shall issue the plate upon the payment of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00) for the plate. All revenues shall be deposited as general revenues.
4. For the purposes of this section an active or retired member of the Rhode Island army and air national guard shall be defined as any person certified by the adjutant general as currently serving or having retired under honorable conditions in either the Rhode Island army or air national guard.
5. In a state of emergency, any active member of the army or air national guard driving a vehicle bearing the special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by any state or municipal authority.

History of Section. P.L. 1992, ch. 143, § 1; P.L. 1993, ch. 97, § 1; P.L. 1995, ch. 370, art. 40, § 101; P.L. 2003, ch. 130, § 1; P.L. 2003, ch. 144, § 1.

31-3-63. High Sheriff Emeritus — Anthony A. Giorgio.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of the former high sheriff of Kent County, Anthony A. Giorgio. This plate is to bear the identification “High Sheriff Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Anthony A. Giorgio so desires.

History of Section. P.L. 1992, ch. 193, § 1.

31-3-64. Combination plates.

1. The administrator of the division of motor vehicles shall issue:
   1. For any motor vehicle eligible for registration as a commercial vehicle having a gross weight of eight thousand eight hundred pounds (8,800 lbs.) or less, plates designated as “combination” upon application and proper form furnished by the administrator of the division of motor vehicles to applicants. The combination plates will allow those vehicles to drive for both commercial and pleasure purposes; or
   2. For any motor vehicle eligible for registration as a commercial vehicle having a gross weight over eight thousand eight hundred pounds (8,800 lbs.) up to eleven thousand eight hundred pounds (11,800 lbs.) plates designated as “combination” upon application, proof of ownership of a camping trailer, fifth-wheel camper trailer, travel trailer, or truck camper as defined in § 31-1-3 , and proper form furnished by the administrator of the division of motor vehicles to applicants. The combination plates will allow those vehicles to drive for pleasure purposes only.
2. The fees for commercial vehicles registering for a combination plate shall be identical to those established for other commercial vehicles of the same weight. A combination registration transaction shall be considered a change to a new registration classification and not a plate change transaction. A combination registration shall be renewable during the month of March each year.

History of Section. P.L. 1992, ch. 220, § 1; P.L. 1997, ch. 108, § 1; P.L. 2004, ch. 581, § 1; P.L. 2017, ch. 448, § 1; P.L. 2017, ch. 464, § 1.

31-3-65. Judge Emeritus — Paul DelNero.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former district court judge, Paul DelNero. This plate is to bear the identification “Judge Emeritus” with an appropriate number and a seal of the state thereon imprinted and the plate shall be furnished without additional registration charge for such period of time as Judge DelNero so desires.

History of Section. P.L. 1992, ch. 290, § 1.

31-3-66. Repealed.

History of Section. P.L. 1993, ch. 320, § 1; Repealed by P.L. 2000, ch. 109, § 57, effective July 7, 2000.

31-3-67. Judge Emeritus — Carmine R. DiPetrillo.

The administrator of the division of the motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former family court judge Carmine R. DiPetrillo. This plate is to bear the identification “Judge Emeritus” with an appropriate number and a seal of the state thereon imprinted and the plate shall be furnished without additional registration charge for such period of time as Judge DiPetrillo so desires.

History of Section. P.L. 1994, ch. 240, § 1.

31-3-68. Police Chief Emeritus — Vincent A. Acciardo.

The administrator of the division of the motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former police chief Vincent A. Acciardo of the town of Johnston. The plate shall bear the identification “Police Chief Emeritus” with an appropriate number and seal of the state imprinted on the plate and the plate shall be furnished without additional registration charge for any period of time that former Chief Acciardo desires.

History of Section. P.L. 1999, ch. 292, § 1.

31-3-69. Registration suspension based on federal determination.

The division of motor vehicles is authorized to suspend the registration of a commercial motor vehicle if the commercial motor vehicle is being operated by a commercial motor carrier that has been prohibited from operating in interstate commerce by a federal agency with authority to do so under federal law.

History of Section. P.L. 2000, ch. 276, § 2.

31-3-70. Police Lieutenant Emeritus — John J. Sinotte.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of Jeanna Sinotte, the widow of deceased Police Lieutenant John J. Sinotte of the town of Johnston. The plate is to bear the identification “Police Lt. Emeritus” with the designation number “20” and the seal of the state imprinted on it. The plate shall be furnished without additional registration charge for as long as Jeanna Sinotte desires.

History of Section. P.L. 2001, ch. 104, § 1; P.L. 2001, ch. 345, § 1.

31-3-71. Chief Justice Emeritus — Joseph R. Weisberger.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former State Supreme Court Chief Justice Joseph R. Weisberger. The plate to bear the designation “Chief Justice Emeritus”, with an appropriate designation number and the seal of the state imprinted on it. The plate shall be furnished without additional registration charge for as long as Chief Justice Weisberger desires.

History of Section. P.L. 2001, ch. 401, § 1.

31-3-72. Special plate for Mr. Potato Head.

1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate commemorating the fiftieth (50th) anniversary of Mr. Potato Head. The plate shall bear the designation “Mr. Potato Head — 50th anniversary” and shall bear the seal of the state imprinted on it. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the original registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
2. A special automobile or commercial commemorative Mr. Potato Head — 50th anniversary plate shall be issued upon application using forms furnished by the administrator upon payment in addition to the regular prescribed motor vehicle registration fee, and a service charge of forty dollars ($40.00) for each issue. The service charge shall be paid to the administrator prior to the administrator’s acceptance of the application. Twenty dollars ($20.00) of the service charge shall be paid to the Rhode Island Community Food Bank and twenty dollars ($20.00) shall be allocated to the division of motor vehicles for its costs in manufacturing and distributing the special plates.

History of Section. P.L. 2002, ch. 138, § 1; P.L. 2002, ch. 382, § 1; P.L. 2005, ch. 66, § 1; P.L. 2005, ch. 178, § 1.

31-3-73. Police Major Emeritus, City of East Providence.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of Brooke McGregor, the widow of deceased Police Major Alister McGregor of the city of East Providence Police Department. The plate is to bear the identification “Police Major Emeritus” with the designation number to be chosen by the widow and the seal of the state imprinted on it. The plate shall be furnished without additional registration charge for as long as Brooke McGregor desires.

History of Section. P.L. 2002, ch. 220, § 1; P.L. 2002, ch. 252, § 1.

31-3-74. Police chief emeritus.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicle of the former police chief of the town of Coventry, Roger J. Laliberte. This plate is to bear the identification “Police Chief Emeritus,” along with an appropriate designation number imprinted on it and shall be furnished without additional registration charge for long as Roger J. Laliberte so desires.

History of Section. P.L. 2003, ch. 52, § 1; P.L. 2003, ch. 243, § 1.

31-3-75. Senator Emeritus — William Zuccarelli.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former senator William Zuccarelli. This plate is to bear the identification “Senator Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as William Zuccarelli so desires.

History of Section. P.L. 2003, ch. 401, § 1.

31-3-76. Special license plate decal.

1. Notwithstanding any general law or regulation to the contrary, the administrator of the division of motor vehicles is hereby directed to make available a special license plate decal of the American flag made of the same material as the year sticker.
2. Upon the registration or renewal of a motor vehicle registration, the division of motor vehicles shall provide the owner the option to purchase for five dollars ($5.00), the American flag decal. Such decal shall be affixed at the lower left corner of the rear license plate and shall not obscure the reading of any part of the license plate.
3. After payment for the cost of production of the American flag decals, the next fifty thousand dollars ($50,000) generated from sales, shall be used to advertise and promote the purchase of these decals. All funds generated which exceed the production and promotion costs shall be contributed to the Rhode Island Military Family Relief Fund.

History of Section. P.L. 2005, ch. 255, § 1; P.L. 2005, ch. 260, § 1.

31-3-77. Adjutant General Emeritus — Reginald A. Centracchio.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of the former Adjutant General of the Rhode Island National Guard, Reginald A. Centracchio.

This plate is to bear the identification “Adjutant General Emeritus” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Reginald A. Centracchio so desires.

History of Section. P.L. 2005, ch. 312, § 1.

31-3-78. Special plate for Rotary International.

1. The administrator of the division of motor vehicles is empowered to make available to the owners of private passenger motor vehicles who are members of Rotary Club International, District 7950, State of Rhode Island, special motor vehicle registration plates.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. Rotary Club motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Rotary Club in conjunction with the division of motor vehicles.
4. Rotary Club plates shall be subject to a minimum pre-paid order of at least three hundred and sixty (360) plates. Rotary Club plates shall not be issued unless the minimum order requirements are met.
5. The administrator of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, Rotary Club plates shall be subject to a one-time fifty dollar ($50.00) issuance surcharge.

History of Section. P.L. 2006, ch. 317, § 1; P.L. 2006, ch. 436, § 1.

31-3-79. Special plate for Audubon Society of Rhode Island/Save the Bay.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates based upon two (2) not-for-profit entities, the Audubon Society of Rhode Island and Save the Bay. The plate shall be designed to reference both entities.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Audubon Society of Rhode Island/Save the Bay motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles.
4. Audubon Society of Rhode Island/Save the Bay plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. Audubon Society of Rhode Island/Save the Bay plates shall not be issued unless the minimum order requirements are met.
5. The administrator of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, Audubon Society of Rhode Island/Save the Bay plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually and equally; ten dollars ($10.00) per plate to the Audubon Society of Rhode Island; and ten dollars ($10.00) per plate to Save the Bay, to assist the Audubon Society of Rhode Island and Save the Bay in furtherance of their mission of preserving the state’s natural scenic beauty, fish and wildlife, and to continue the educational efforts of these respective entities. The distributions to the Audubon Society of Rhode Island and Save the Bay shall be placed in separate restricted accounts for each entity and shall be paid to the Audubon Society of Rhode Island and Save the Bay.
8. A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated equally; five dollars ($5.00) per registration to the Audubon Society of Rhode Island; and five dollars ($5.00) per registration to Save the Bay.
9. Both the Audubon Society of Rhode Island and Save the Bay will be required to submit an annual audit, prepared by a certified public accountant before such monies are distributed.
10. There shall be no refunds for early cancellation of Audubon Society of Rhode Island/Save the Bay plates.

History of Section. P.L. 2006, ch. 384, § 1; P.L. 2006, ch. 437, § 1; P.L. 2009, ch. 353, § 1.

31-3-80. Reserve Forces plates.

1. The administrator of the division of motor vehicles is empowered and authorized to make available to all active and retired members of the United States Reserve Forces of Rhode Island a special motor vehicle registration plate for any motor vehicle eligible for registration as an automobile or a commercial vehicle having a gross weight of eight thousand five hundred pounds (8,500 lbs.) or less.
2. The special motor vehicle registration plate shall carry on it the designation “US Reserve Forces” and shall carry on it the titles, (Army, Marines, Navy, Air Force and Coast Guard) arranged on the left hand side of the plate from top to bottom in this order of precedence, with numerals to the right of the titles.
3. The administrator of the division of motor vehicles shall issue the plate upon payment of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00) for the plate. All revenues shall be deposited as general revenues.
4. For the purposes of this section an active or retired member of the United States Reserve Forces shall be defined as currently serving or having retired under honorable conditions from any of the Reserve Forces other than the Rhode Island Army or Air National Guard.
5. In a national state of emergency, any active member of the United States Reserve Forces driving a vehicle bearing the special motor vehicle registration plate shall be authorized and empowered to travel upon the highways of the state notwithstanding any driving ban imposed by any state or municipal authority.
6. No US Reserve Forces plates shall be issued until at least nine hundred (900) such plates have been ordered.

History of Section. P.L. 2006, ch. 643, § 1.

31-3-81. General state officers emeritus.

The administrator of the division of motor vehicles is authorized and directed upon request to issue a special registration plate in recognition of honorable service to the state of a former state general officer for the private passenger motor vehicle of said officer to bear the identification of “Governor Emeritus”, “Lieutenant Governor Emeritus”, “Treasurer Emeritus”, “Secretary of State Emeritus”, or “Attorney General Emeritus”, whichever applies, along with an appropriate number and the seal of the state imprinted on it. The plate shall be furnished without an additional registration charge for such period as the qualified former general officer so desires.

History of Section. P.L. 2007, ch. 381, § 1; P.L. 2007, ch. 487, § 1.

31-3-82. Special plate for WaterFire Providence.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit WaterFire Providence.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. WaterFire motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by WaterFire Providence in conjunction with the division of motor vehicles.
4. WaterFire plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. WaterFire plates shall not be issued unless the minimum order requirements are met.
5. The administrator of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, WaterFire plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to WaterFire Providence to assist in the fiscal needs required to keep this event free for all to enjoy, and to continue in the fostering of WaterFire’s presence as an asset to Rhode Island’s economic growth and prosperity. The distribution to WaterFire Providence shall be placed in a restricted account and shall be paid to WaterFire Providence.
8. WaterFire Providence will be required to submit an annual audit prepared by a certified public accountant before such monies are distributed.
9. There shall be no refunds for early cancellation of WaterFire plates.

History of Section. P.L. 2008, ch. 262, § 1; P.L. 2008, ch. 468, § 1.

31-3-83. Judge Emeritus — Vincent A. Ragosta.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former Superior Court Judge, Vincent A. Ragosta. This plate is to bear the identification “Judge Emeritus” with an appropriate number and a seal of the state thereon imprinted and the plate shall be furnished without an additional registration charge for such period of time as Judge Ragosta so desires.

History of Section. P.L. 2008, ch. 181, § 1.

31-3-84. Special plate in honor of Dr. Martin Luther King, Jr.

1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate in honor of Dr. Martin Luther King, Jr. The plate shall bear the designation “Dr. Martin Luther King, Jr. 1929-1968” and shall bear the seal of the state imprinted on it. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the original registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
2. A special automobile or commercial commemorative Dr. Martin Luther King, Jr. plate shall be issued upon application using forms furnished by the administrator upon payment in addition to the regular prescribed motor vehicle registration fee, and a service charge of forty dollars ($40.00) for each issue. The service charge shall be paid to the administrator prior to the administrator’s acceptance of the application. The forty dollar ($40.00) service charge shall be allocated to the division of motor vehicles for its costs in manufacturing and distributing the special plates.

History of Section. P.L. 2008, ch. 247, § 1.

31-3-85. Special plate for the New England Patriots Charitable Foundation.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the not-for-profit entity, the New England Patriots Charitable Foundation, for any motor vehicle eligible for registration as an automobile, commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs.) or less, or combination vehicle.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate. The administrator shall be authorized to retain newly issued plate numbers, at his or her discretion, for the purpose of conducting auctions of the right to use and display those numbers under such terms and conditions as the administrator may permit. Auction proceeds shall be apportioned and distributed for charitable purposes, in the discretion of the administrator, in accordance with such agreements as may be entered into with those entities holding ownership rights to the logos. The administrator is hereby authorized to enter into agreements for the use of logos on Rhode Island registration plates.
3. The New England Patriots Charitable Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island State Police.
4. New England Patriots Charitable Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates with respect to each plate type authorized pursuant to this section. New England Patriots Charitable Foundation plates shall not be issued unless the minimum order requirements are met. The initial order will be handled by the New England Patriots Charitable Foundation and shall not be submitted to the division of motor vehicles for the production until the minimum order has been met and the proper paperwork submitted to the division. Subsequent New England Patriots Charitable Foundation plate orders will be handled by the division of motor vehicles.
5. The administrator of motor vehicles shall develop application forms, prepayment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, New England Patriots Charitable Foundation plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the New England Patriots Charitable Foundation in furtherance of its mission of assisting the youth and families of New England through donations that foster cultural diversity, education, family, and health.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the New England Patriots Charitable Foundation.
9. In consideration of the receipt of funds from the registration of New England Patriots Charitable Foundation plates, the foundation must use any Rhode Island sourced funds in and for the benefit of Rhode Island-based charitable organizations.
10. The New England Patriots Charitable Foundation will be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of New England Patriots Charitable Foundation plates.

History of Section. P.L. 2009, ch. 191, § 1; P.L. 2009, ch. 193, § 1; P.L. 2017, ch. 224, § 1; P.L. 2017, ch. 249, § 1; P.L. 2018, ch. 346, § 21.

31-3-86. Special plate for Friends of Plum Beach Lighthouse, Inc.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for profit Friends of Plum Beach Lighthouse, Inc. The plates shall be designed to reference Friends of Plum Beach Lighthouse, Inc.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Friends of Plum Beach Lighthouse, Inc. motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Friends of Plum Beach Lighthouse, Inc. in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
4. The Friends of Plum Beach Lighthouse, Inc. plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Friends of Plum Beach Lighthouse, Inc. plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Friends of Plum Beach Lighthouse, Inc., and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met, and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Friends of Plum Beach Lighthouse, Inc. plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows:

   Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Friends of Plum Beach Lighthouse, Inc. to assist in the fiscal needs required to maintain and protect this historic site for all to enjoy, and to continue in the fostering of the Friends of Plum Beach Lighthouse’s, Inc. presence as an asset to Rhode Island’s economic growth and prosperity. The distribution to the Friends of Plum Beach Lighthouse, Inc. shall be placed in a restricted account and shall be paid to the Friends of Plum Beach Lighthouse, Inc.

8. An additional ten dollar ($10.00) surcharge for subsequent registration renewals shall apply to holders of the plate. All proceeds shall be distributed annually to the Friends of Plum Beach Lighthouse, Inc., to assist in the fiscal needs required to maintain and protect the iconic Plum Beach Lighthouse. The distribution to the Friends of Plum Beach Lighthouse, Inc., shall be placed in a restricted account and shall be paid to the Friends of Plum Beach Lighthouse, Inc.
9. The Friends of Plum Beach Lighthouse, Inc. will be required to submit an annual accounting report before such monies are distributed.
10. There shall be no refunds for early cancellation of Friends of Plum Beach Lighthouse, Inc. plates.

History of Section. P.L. 2009, ch. 221, § 1; P.L. 2009, ch. 222, § 1; P.L. 2013, ch. 446, § 1; P.L. 2013, ch. 483, § 1; P.L. 2018, ch. 115, § 1; P.L. 2018, ch. 227, § 1.

31-3-87. Special plate for breast cancer support.

1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate for victims and survivors of breast cancer. The plate shall bear the designation “www.breastcancerRI.org”, and shall bear the pink ribbon associated with breast cancer support.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of, and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The “Breast Cancer Support” motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
4. The “Breast Cancer Support” motor vehicle plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. Rhode Island breast cancer coalition plates shall not be issued unless the minimum order requirements are met.
5. The administrator of motor vehicles shall develop application forms, prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, “Breast Cancer Support” motor vehicle plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Rhode Island Breast Cancer Coalition.
8. A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Rhode Island Chapter Breast Cancer Coalition.
9. The Rhode Island Breast Cancer Coalition shall be required to submit an annual audit, prepared by a certified public accountant before such monies are distributed.
10. There shall be no refunds for early cancellation of “Breast Cancer Support” motor vehicle plates.

History of Section. P.L. 2009, ch. 226, § 1.

31-3-88. Special plate in support of public education.

1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate in support of public education. The plate shall bear the designation “Support Public Education”, and shall bear a design chosen by the commissioner of elementary and secondary education and which shall depict a ruler and an apple.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of, and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The “Support Public Education” motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
4. The “Support Public Education” motor vehicle plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates. The Rhode Island “Support Public Education” plates shall not be issued unless the minimum order requirements are met.
5. The administrator of motor vehicles shall develop application forms, prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, “Support Public Education” motor vehicle plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the division of motor vehicles for its costs in manufacturing and distributing the special plates and the remaining twenty dollars ($20.00) shall be distributed annually, based upon the vehicle registration, to the local school districts for educational purposes.
8. There shall be no refunds for early cancellation of “Support Public Education” motor vehicle plates.

History of Section. P.L. 2010, ch. 207, § 1; P.L. 2010, ch. 214, § 1.

31-3-89. Rhode Island law enforcement memorial benefit fund license plates.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates honoring law enforcement officers that have been killed in the line of duty. The plate shall be designed to reference Rhode Island Law Enforcement Memorial Benefit Fund plates.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The special motor vehicle plate shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles and with the final approval from the Rhode Island state police.
4. Rhode Island Law Enforcement Memorial Benefit Fund plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates. Rhode Island Law Enforcement Memorial Benefit Fund plates shall not be issued unless the minimum order requirements are met.
5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, Rhode Island Law Enforcement Memorial Benefit Fund plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be as follows: twenty dollars ($20.00) shall be deposited in the division of motor vehicles manufacturing account, and the remaining twenty dollars ($20.00) shall be allocated to the Rhode Island Law Enforcement Memorial Benefit Fund.
8. There shall be no refunds for early cancellation of Rhode Island Law Enforcement Memorial Benefit Fund.
9. A five dollar ($5.00) surcharge for subsequent registration renewals shall be allocated to the Rhode Island Law Enforcement Memorial Benefit Fund.

History of Section. P.L. 2010, ch. 224, § 1; P.L. 2012, ch. 49, § 1; P.L. 2012, ch. 52, § 1.

31-3-90. Special plate for the Red Sox Foundation.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the not-for-profit entity, the Red Sox Foundation for any motor vehicle eligible for registration as an automobile or commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs.) or less.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate. The administrator shall be authorized to retain newly issued plate numbers, at his or her discretion, for the purpose of conducting auctions of the right to use and display those numbers under such terms and conditions as the administrator may permit. Auction proceeds shall be apportioned and distributed for charitable purposes, in the discretion of the administrator, in accordance with such agreements as may be entered into with those entities holding ownership rights to the logos. The administrator is hereby authorized to enter into agreements for the use of logos on Rhode Island registration plates.
3. The Red Sox Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island State Police.
4. Red Sox Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. Red Sox Foundation plates shall not be issued unless the minimum order requirements are met. The initial order will be handled by the Red Sox Foundation and shall not be submitted to the division of motor vehicles for the production until the minimum order has been met and the proper paperwork submitted to the division. Subsequent Red Sox Foundation plate orders will be handled by the division of motor vehicles.
5. The administrator of motor vehicles shall develop application forms, prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, Red Sox Foundation plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Red Sox Foundation in furtherance of their mission of assisting the youth and families of New England through donations that foster cultural diversity, education, family and health.
8. A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Red Sox Foundation.
9. In consideration of the receipt of funds from the registration of Red Sox Foundation, the foundation must use any Rhode Island sourced funds in and for the benefit of Rhode Island based charitable organizations.
10. The Red Sox Foundation will be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of Red Sox Foundation plates.

History of Section. P.L. 2011, ch. 21, § 1; P.L. 2011, ch. 27, § 1.

31-3-91. Special plate for the Bristol Fourth of July Committee.

1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate for the Bristol Fourth of July Committee.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of, and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Bristol Fourth of July Committee motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Bristol Fourth of July Committee in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
4. The Bristol Fourth of July Committee plates shall be subject to a minimum pre-paid order of at least nine hundred (900) plates. The Bristol Fourth of July Committee plates shall not be issued unless the minimum order requirements are met. The initial order shall be handled by the Bristol Fourth of July Committee and shall not be submitted to the division of motor vehicles for the production until the minimum order has been met and the proper paperwork submitted to the division. Subsequent Bristol Fourth of July Committee plate orders shall be handled by the division of motor vehicles.
5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, Bristol Fourth of July Committee plates shall be subject to a forty dollar ($40) issuance surcharge.
7. The forty dollar ($40) issuance surcharge shall be allocated as follows: twenty dollars ($20) shall be allocated to the general fund and the remaining twenty dollars ($20) shall be distributed annually to the Bristol Fourth of July Committee to assist in the fiscal needs required to conduct Bristol’s historic Fourth of July celebration. (The distribution to the Bristol Fourth of July Committee shall be placed in a restricted receipt account and shall be paid to the Bristol Fourth of July Committee.)
8. The Bristol Fourth of July Committee will be required to submit an annual financial statement before such monies are distributed.
9. There shall be no refunds for early cancellation of Bristol Fourth of July Committee plates.

History of Section. P.L. 2011, ch. 202, § 1; P.L. 2011, ch. 203, § 1.

31-3-92. Judge Emeritus — Raymond E. Shawcross.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of former Family Court Judge Raymond E. Shawcross. This plate is to bear the identification “Judge Emeritus” with an appropriate number and seal of the state thereon imprinted and the plate shall be issued subject to the same terms and conditions as contained in § 31-3-47(d) for such period of time as Judge Shawcross so desires. The provisions of § 31-3-17.1 shall apply with respect to the cost of issuance and registration.

History of Section. P.L. 2012, ch. 398, § 1; P.L. 2012, ch. 410, § 1.

31-3-93. Special plate for the Gloria Gemma breast cancer resource foundation.

1. The administrator of the division of motor vehicles is empowered to make available special design motor vehicle registration plates for passenger vehicles based upon the not-for-profit entity the Gloria Gemma breast cancer resource foundation. The plates shall be designed to reference the Gloria Gemma breast cancer resource foundation.
2. The special design plates shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special design plates.
3. The Gloria Gemma breast cancer resource foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles and with final approval from the Rhode Island state police.
4. The Gloria Gemma breast cancer resource foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of passenger plates. The Gloria Gemma breast cancer resource foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Gloria Gemma breast cancer resource foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) has been met and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fees, The Gloria Gemma breast cancer resource foundation plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be deposited in the division of motor vehicles manufacturing account and the remaining twenty dollars ($20.00) shall be distributed annually to the Gloria Gemma breast cancer resource foundation in furtherance of their mission to raise breast cancer awareness, increase breast health education and generate funding for critical breast health programs that are in desperate need of being brought to fruition.
8. The Gloria Gemma breast cancer resource foundation will be required to submit an annual audit, prepared by a certified public accountant before such monies are distributed.
9. In consideration of the receipt of funds from the registration of the Gloria Gemma breast cancer resource foundation, the foundation must use any Rhode Island sourced funds in and for the benefit of Rhode Island.
10. There shall be no refunds for early cancellation of the Gloria Gemma breast cancer resource foundation plates.

History of Section. P.L. 2012, ch. 400, § 1.

31-3-94. Expiration of authorization of issuance of special motor vehicle plates.

1. The statutory authorization of the issuance of any special motor vehicle registration plates after January 1, 2013, shall expire if any statutorily mandated minimum number of prepaid orders of such plates has not been satisfied within five (5) years following the enactment of such authorization.
2. The statutory authorization of the issuance of any special motor vehicle registration plates enacted prior to January 1, 2013, shall expire on January 1, 2018, if any statutorily mandated minimum number of prepaid orders of such plates has not been satisfied prior to that date.

History of Section. P.L. 2013, ch. 256, § 1; P.L. 2013, ch. 355, § 1.

31-3-95. Special plate for Woonsocket high school arts and athletics.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Woonsocket education department. The plates shall be designed to reference Villa Novan Pride.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Villa Novan Pride motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Woonsocket education department in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
4. The Villa Novan Pride plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Villa Novan Pride plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Woonsocket education department, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met, and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Villa Novan Pride plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows:

   Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Woonsocket high school arts and athletics program to assist in the fiscal needs required to maintain and promote arts and athletics at Woonsocket high school, and to continue in the fostering of Villa Novan Pride throughout the community. The distribution to the Woonsocket education department shall be placed in a restricted account and applied to the Woonsocket high school arts and athletic programs. The superintendent of schools shall supervise the distribution of said funds.

8. The Woonsocket education department will be required to submit an annual accounting report before such monies are distributed.
9. There shall be no refunds for early cancellation of the Villa Novan Pride plates.

History of Section. P.L. 2013, ch. 440, § 1; P.L. 2013, ch. 471, § 1.

31-3-96. Emergency medical technician plates.

1. The administrator of the division of motor vehicles is empowered and authorized to make available to all licensed emergency medical technicians a special motor vehicle registration plate for any motor vehicle eligible for registration as an automobile or for a commercial vehicle having a gross weight of ten thousand pounds (10,000 lbs.) or less.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate. The administrator shall be authorized to retain newly issued plate numbers, at his or her discretion, for the purpose of conducting auctions of the right to use and display those numbers under such terms and conditions as the administrator may permit.
3. The emergency medical technician plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). Said plates shall not be issued unless the minimum order requirements are met. The initial order will be handled by the Hope Valley Ambulance Squad, Inc., and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met, and the proper paperwork submitted to the division.
4. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures and any other procedures deemed necessary to carry out the purposes of this section.
5. The administrator of the division of motor vehicles shall issue the plate upon the payment of a service charge of twenty dollars ($20.00) and a transfer charge of five dollars ($5.00) for the plate. All revenues shall be deposited as general revenues.

History of Section. P.L. 2013, ch. 453, § 1; P.L. 2013, ch. 484, § 1.

31-3-97. Special plate for home and hospice care of Rhode Island.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit entity Home and Hospice Care of Rhode Island. The plates shall be designed to reference Home and Hospice Care of Rhode Island.
2. The special plates shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Home and Hospice Care of Rhode Island motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Home and Hospice Care of Rhode Island in conjunction with the division of motor vehicles, and with final approval from the Rhode Island state police.
4. The Home and Hospice Care of Rhode Island plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of passenger plates per plate type (i.e. passenger, commercial, etc.). The Home and Hospice Care of Rhode Island plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Home and Hospice Care of Rhode Island, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) has been met, and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fees, the Home and Hospice Care of Rhode Island plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows:

   Twenty dollars ($20.00) shall be allocated to the general fund, and the remaining twenty dollars ($20.00) shall be distributed annually to the Home and Hospice Care of Rhode Island in furtherance of their mission to provide compassionate and skilled care to those who are seriously ill in the state of Rhode Island.

8. The Home and Hospice Care of Rhode Island will be required to submit an annual accounting report before such monies are distributed.
9. In consideration of the receipt of funds from the registration of the Home and Hospice Care of Rhode Island, the organization must use any Rhode Island sourced funds in and for the benefit of the state of Rhode Island.
10. There shall be no refunds for early cancellation of the Home and Hospice Care of Rhode Island plates.

History of Section. P.L. 2013, ch. 459, § 1; P.L. 2013, ch. 468, § 1.

31-3-98. Special plate for the Autism Project of Rhode Island.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Autism Project of Rhode Island. The plates shall be designed to reference The Autism Project of Rhode Island.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Autism Project of Rhode Island motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Autism Project of Rhode Island in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The Autism Project of Rhode Island plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Autism Project of Rhode Island plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Autism Project of Rhode Island, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met, and the proper paperwork submitted to the division.
5. The administrator of motor vehicles shall develop, prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Autism Project of Rhode Island plates shall be subject to a forty dollars ($40.00) issuance surcharge.
7. The forty dollars ($40.00) issuance surcharge shall be allocated as follows:

   Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Autism Project of Rhode Island in furtherance of their mission to develop a comprehensive system of care and resources that meet the needs of children and adults with autism and their families, including education, health, vocational, career, social and community needs in the state of Rhode Island.

8. The Autism Project of Rhode Island shall be required to submit an annual accounting report before such monies are distributed.
9. There shall be no refunds for early cancellation of the Autism Project of Rhode Island plates.

History of Section. P.L. 2013, ch. 461, § 1.

31-3-99. Special plate for the wildlife rehabilitators association of Rhode Island (WRARI).

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit Wildlife Rehabilitators Association of Rhode Island. The plates shall be designed to reference Wildlife Rehabilitators Association of Rhode Island.
2. The special plates shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Wildlife Rehabilitators Association of Rhode Island motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Wildlife Rehabilitators Association of Rhode Island in conjunction with the division of motor vehicles and with final approval from the Rhode Island state police.
4. The Wildlife Rehabilitators Association of Rhode Island plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Wildlife Rehabilitators Association of Rhode Island plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Wildlife Rehabilitators Association of Rhode Island, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) has been met, and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fees, the Wildlife Rehabilitators Association of Rhode Island plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows:

   Twenty dollars ($20.00) shall be allocated to the general fund, and the remaining twenty dollars ($20.00) shall be distributed to the Wildlife Rehabilitators Association of Rhode Island to help further their efforts in caring for injured and orphaned wildlife. All of the money raised shall be spent in Rhode Island.

8. The Wildlife Rehabilitators Association of Rhode Island will be required to submit an annual accounting report before such monies are distributed.
9. There shall be no refunds for early cancellation of the Wildlife Rehabilitators Association of Rhode Island plates.

History of Section. P.L. 2013, ch. 480, § 1.

31-3-100. General Magistrate Emeritus — John J. O’Brien.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of General Magistrate John J. O’Brien. This plate is to bear the identification “General Magistrate Emeritus” with an appropriate number and seal of the state thereon imprinted and the plate shall be issued subject to the same terms and conditions as contained in § 31-3-47(d) for such period of time as General Magistrate O’Brien so desires. The provisions of § 31-3-17.1 shall apply with respect to the cost of issuance and registration.

History of Section. P.L. 2013, ch. 511, § 1; P.L. 2013, ch. 528, § 1.

31-3-101. Special electric and hybrid electric vehicle registration plate designation.

The administrator of the division of motor vehicles is hereby authorized to promulgate such rules and regulations as are necessary to provide and issue a registration plate for motor vehicles powered in whole or in part by a storage battery. These plates may be made available to owners of vehicles recognized by the registry as electric-powered vehicles subject to the regular prescribed registration fee, and any transfer or remake fees, if applicable.

History of Section. P.L. 2014, ch. 371, § 1; P.L. 2014, ch. 390, § 1.

31-3-102. Special plate for the Boston Bruins Foundation.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Boston Bruins Foundation. The plates shall be designed to reference The Boston Bruins Foundation.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Boston Bruins Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Boston Bruins Foundation, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The Boston Bruins Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Boston Bruins Foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Boston Bruins Foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Boston Bruins Foundation plates shall be subject to a forty dollar ($40.00) issuance surcharge.
7. The forty dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Boston Bruins Foundation in furtherance of its mission to assist charitable organizations in Rhode Island that demonstrate a strong commitment to enhancing the quality of life for children.
8. A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Boston Bruins Foundation.
9. In consideration of the receipt of funds from the registration of Boston Bruins Foundation license plate, the foundation must use any Rhode Island sources funds in, and for the benefit of, Rhode Island-based charitable organizations.
10. The Boston Bruins Foundation will be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of Boston Bruins Foundation plates.

History of Section. P.L. 2014, ch. 350, § 1; P.L. 2014, ch. 386, § 1.

31-3-103. Olympic medal winners.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicles of all present and former Olympic medal winners. This plate is to bear the identification “Olympic Medal Winner” along with an appropriate designation number imprinted on it and shall be furnished without additional registration charge for so long as the Olympian desires.

History of Section. P.L. 2014, ch. 363, § 1; P.L. 2014, ch. 383, § 1.

31-3-104. Special plate in honor of César E. Chávez.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates in honor of César E. Chávez. The plate shall be designed to reference the “César E. Chávez Committee of Rhode Island” and shall bear the seal of the state imprinted on it.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The César E. Chávez motor vehicle plates shall be the same size as regular motor-vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The César E. Chávez motor vehicle plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The César E. Chávez motor vehicle plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the César E. Chávez Committee of Rhode Island, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the César E. Chávez plates shall be subject to a forty-dollar issuance ($40.00) surcharge.
7. The forty-dollar issuance ($40.00) surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the César E. Chávez Scholarship Fund with the Rhode Island Foundation.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the César E. Chávez Scholarship Fund with the Rhode Island Foundation.
9. There shall be no refunds for early cancellation of César E. Chávez motor vehicle plates.
10. The César E. Chávez Committee of Rhode Island will be required to submit an annual accounting report before such monies are distributed.

History of Section. P.L. 2016, ch. 354, § 1; P.L. 2016, ch. 463, § 1.

31-3-105. Special plate for Rhode Island private colleges and universities.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the various independent, nonprofit institutions of higher education (Brown University, Bryant University, Johnson & Wales University, New England Institute of Technology, Providence College, Rhode Island School of Design, Roger Williams University, and/or Salve Regina University).
2. The special plate(s) shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
3. The respective independent higher-education institution’s motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. Each independent higher-education institution plate shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per institution per plate type (i.e. passenger, commercial, etc.). The respective independent higher-education institution plate shall not be issued unless the minimum-order requirements are met by the requesting institution. The initial order will be handled by the president of the Association of Independent Colleges and Universities of Rhode Island (AICU RI), or his or her designee, and shall not be submitted to the division of motor vehicles for production until the minimum order has been met and the proper paperwork submitted to the division. The AICU RI president, or his or her designee, will act as program coordinator and point of contact for the division of motor vehicles. Subsequent independent higher-education institution plate orders will be handled by the division of motor vehicles.
5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, independent higher-education institution plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the respective independent higher-education institution as a nonprofit educational institution based in Rhode Island.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals will go to the respective independent higher-education institution.
9. There shall be no refunds for early cancellation of independent higher-education institution plates.
10. Any respective independent higher-education institution not pursuing or not reaching the minimum prepaid order of plates, as outlined in subsection (d), within thirty-six (36) months after this section is enacted, will not be eligible to obtain special motor vehicle registration plates as outlined above, absent further action of the general assembly.

History of Section. P.L. 2016, ch. 334, § 1; P.L. 2016, ch. 355, § 1.

31-3-106. Special plate for the Dorian J. Murray foundation.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Dorian J. Murray Foundation. The plates shall be designed to reference the Dorian J. Murray Foundation.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Dorian J. Murray Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Dorian J. Murray Foundation, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The Dorian J. Murray Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.) The Dorian J. Murray Foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Dorian J. Murray Foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Dorian J. Murray Foundation plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Dorian J. Murray Foundation in furtherance of its mission to assist charitable organizations in Rhode Island that demonstrate a strong commitment to enhancing the quality of life for children with pediatric cancer.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Dorian J. Murray Foundation.
9. In consideration of the receipt of funds from the registration of Dorian J. Murray Foundation license plates, the foundation must use any Rhode Island sourced funds in, and for the benefit of, Rhode Island-based charitable organizations.
10. The Dorian J. Murray Foundation will be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of Dorian J. Murray Foundation plates.

History of Section. P.L. 2016, ch. 505, § 1.

31-3-107. Police chief emeritus — Ernest Spaziano.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the private passenger motor vehicle of the former police chief of the town of North Providence, Ernest Spaziano. This plate is to bear the identification of “Police Chief Emeritus,” along with an appropriate number and the plate shall be furnished without additional registration charge for such period of time as Ernest Spaziano so desires.

History of Section. P.L. 2016, ch. 510, § 1.

31-3-108. Special plate for The Rocky Point Foundation, Inc.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for The Rocky Point Foundation, Inc. (hereafter referred to as “Rocky Point Foundation”). The plates shall be designed to reference Rocky Point Foundation.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
3. The Rocky Point Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Rocky Point Foundation, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The Rocky Point Foundation plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Rocky Point Foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Rocky Point Foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Rocky Point Foundation plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Rocky Point Foundation in furtherance of its mission.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Rocky Point Foundation.
9. The Rocky Point Foundation shall be required to submit an annual accounting report before such monies are distributed.
10. There shall be no refunds for early cancellation of Rocky Point Foundation plates.

History of Section. P.L. 2016, ch. 332, § 1; P.L. 2016, ch. 353, § 1.

31-3-109. Special plate for Rhode Island public colleges and universities.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the various public, nonprofit institutions of higher education (Community College of Rhode Island, Rhode Island College, and/or the University of Rhode Island).
2. The special plate(s) shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
3. The respective public higher-education institution’s motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. Each public higher-education institution plate shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per institution per plate type (i.e. passenger, commercial, etc.). The respective public higher-education institution plate shall not be issued unless the minimum-order requirements are met by the requesting institution. The initial order will be handled by the Rhode Island commissioner of postsecondary education or his or her designee, and shall not be submitted to the division of motor vehicles for production until the minimum order has been met and the proper paperwork submitted to the division. The Rhode Island commissioner of postsecondary education, or his or her designee, will act as program coordinator and point of contact for the division of motor vehicles. Subsequent public higher-education institution plate orders will be handled by the division of motor vehicles.
5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, public higher-education institution plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the respective public higher-education institution as a nonprofit educational institution based in Rhode Island.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals will go to the respective public higher-education institution.
9. There shall be no refunds for early cancellation of public higher-education institution plates.
10. Any respective public higher-education institution not pursuing or not reaching the minimum prepaid order of plates, as outlined in subsection (d), within thirty-six (36) months after this section is enacted, will not be eligible to obtain special motor vehicle registration plates as outlined above, absent further action of the general assembly.

History of Section. P.L. 2016, ch. 335, § 1; P.L. 2016, ch. 356, § 1.

31-3-110. Special plate for the Lupus Foundation New England.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Lupus Foundation New England. The plates shall be designed to reference the Lupus Foundation New England.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
3. The Lupus Foundation New England motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Lupus Foundation New England, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The Lupus Foundation New England plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Lupus Foundation New England plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Lupus Foundation New England and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Lupus Foundation New England plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Lupus Foundation New England in furtherance of its mission to assist charitable organizations in Rhode Island.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Lupus Foundation New England.
9. In consideration of the receipt of funds from the registration of Lupus Foundation New England license plates, the foundation must use any Rhode Island sources funds in, and for the benefit of, Rhode Island-based charitable organizations.
10. Lupus Foundation New England will be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of Lupus Foundation New England plates.

History of Section. P.L. 2016, ch. 343, § 1; P.L. 2016, ch. 372, § 1.

31-3-111. Gold Star Families.

1. The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicles of all eligible members of a Gold Star Family.
2. For the purpose of this section, “Gold Star Family” means a person eligible to receive a gold star lapel button as defined in 10 U.S.C. § 1126; provided, the death was determined to be in the line of duty.
3. The Gold Star Family motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by Gold Star Family members who are Rhode Island residents in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
   1. [Deleted by P.L. 2017, ch. 190, § 1 and P.L. 2017, ch. 248, § 1].
   2. [Deleted by P.L. 2017, ch. 190, § 1 and P.L. 2017, ch. 248, § 1].
   3. [Deleted by P.L. 2017, ch. 190, § 1 and P.L. 2017, ch. 248, § 1].
4. The applicant shall not be required to pay a service charge or a transfer charge for each plate.
5. Only one set of “Gold Star Family” plates shall be issued to an eligible family member and only after satisfactory documentation of eligibility is presented.
6. The owner of a motor vehicle eligible for registration as a commercial vehicle and having a gross weight of twelve thousand pounds (12,000 lbs.) or less who is issued Gold Star Family plates shall continue to pay the appropriate commercial registration fee for those plates. The owner of a motor vehicle eligible for registration as a commercial vehicle having a gross weight of six thousand three hundred pounds (6,300 lbs.), but not more than twelve thousand pounds (12,000 lbs.), shall sign an affidavit at the time of application for said plates stating that the vehicle is to be used for personal use only.

History of Section. P.L. 2016, ch. 142, art. 9, § 3; P.L. 2017, ch. 190, § 1; P.L. 2017, ch. 248, § 1.

31-3-112. Special plate for Gaspee Days Committee.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Gaspee Days Committee (hereafter referred to as “the Gaspee Days committee”). The plates shall be designed to reference the Gaspee Days committee.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plates.
3. The Gaspee Days committee motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Gaspee Days committee, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The Gaspee Days committee plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Gaspee Days committee plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Gaspee Days committee and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Gaspee Days committee plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Gaspee Days committee in furtherance of its mission.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Gaspee Days committee.
9. In consideration of the receipt of funds from the registration of the Gaspee Days plates, the foundation must use any Rhode Island sourced funds, in, and for the benefit of, Rhode Island-based charitable organizations.
10. The Gaspee Days committee shall be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of Gaspee Days committee plates.

History of Section. P.L. 2017, ch. 231, § 1; P.L. 2017, ch. 332, § 1.

31-3-113. Special plate for Operation Stand Down RI.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for passenger vehicles based upon the not-for-profit entity Operation Stand Down RI.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and the registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. Operation Stand Down RI motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. Operation Stand Down RI plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type including, but not limited to, passenger and commercial. Operation Stand Down RI plates shall not be issued unless the minimum order requirements are met. The initial order will be handled by Operation Stand Down RI and shall not be submitted to the division of motor vehicles for production until the minimum order has been met and the proper paperwork submitted to the division. Subsequent Operation Stand Down RI plate orders will be handled by the division of motor vehicles.
5. The administrator of motor vehicles shall develop application forms, prepayment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, Operation Stand Down RI plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to Operation Stand Down RI in furtherance of its mission to “support our troops: in helping struggling and homeless veterans by offering housing and supportive services necessary to their well-being.”
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to Operation Stand Down RI.
9. In consideration of the receipt of funds from the registration of Operation Stand Down RI plates, the organization must use any Rhode Island sourced funds in and for the benefit of Rhode Island-based charitable organizations.
10. Operation Stand Down RI will be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of Operation Stand Down RI plates.

History of Section. P.L. 2017, ch. 400, § 1.

31-3-114. Special plate for the Rhode Island Agricultural Council.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Rhode Island Agricultural Council. The plates shall be designed to reference Rhode Island agriculture and shall feature a barn and silo.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Rhode Island Agricultural Council motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Rhode Island Agricultural Council, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The Rhode Island Agricultural Council plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Rhode Island Agricultural Council plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Rhode Island Agricultural Council and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Rhode Island Agricultural Council plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Rhode Island Agricultural Council in furtherance of its mission to stimulate development of an interest in agriculture, horticulture, forestry, and allied interests; create an interest in rural life and the improvement of the rural community in Rhode Island; effect a close relationship between representatives of agriculture with its allied interests and with commerce and industry; develop and carry out a complete program for efficient production and economical distribution of farm products in Rhode Island; and coordinate all agencies interested in the welfare of agriculture in Rhode Island into one association from which unified efforts toward education, legislation, and representation of agricultural interests of the state may emanate.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Rhode Island Agricultural Council.
9. In consideration of the receipt of funds from the registration of the Rhode Island Agricultural Council license plate, the council must use any Rhode Island sourced funds in, and for the benefit of, Rhode Island-based charitable organizations.
10. The Rhode Island Agricultural Council shall be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of the Rhode Island Agricultural Council plates.

History of Section. P.L. 2017, ch. 393, § 1.

31-3-115. Special plate for the Rhode Island Salt Water Anglers Foundation.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the Rhode Island Salt Water Anglers Foundation. The plates shall be designed to reference the Rhode Island Salt Water Anglers Foundation and shall feature a striped bass.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued and shall be used in place of, and in the same manner as, the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Rhode Island Salt Water Anglers Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed by the Rhode Island Salt Water Anglers Foundation, in conjunction with the division of motor vehicles, with design approval by the Rhode Island state police.
4. The Rhode Island Salt Water Anglers Foundation plates shall be subject to a minimum prepaid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Rhode Island Salt Water Anglers Foundation plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Rhode Island Salt Water Anglers Foundation and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of motor vehicles shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Rhode Island Salt Water Anglers Foundation plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Rhode Island Salt Water Anglers Foundation in furtherance of its mission to preserve our marine fisheries, environmental protection, restoration projects, and youth activity programs that foster recreational fishing, safety, and conservation.
8. A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated to the Rhode Island Salt Water Anglers Foundation.
9. In consideration of the receipt of funds from the registration of the Rhode Island Salt Water Anglers Foundation license plate, the foundation must use any Rhode Island sourced funds in, and for the benefit of, Rhode Island-based charitable organizations.
10. The Rhode Island Salt Water Anglers Foundation shall be required to submit an annual accounting report before such monies are distributed.
11. There shall be no refunds for early cancellation of the Rhode Island Salt Water Anglers Foundation plates.

History of Section. P.L. 2017, ch. 404, § 1; P.L. 2017, ch. 414, § 1.

31-3-116. Special plate for the Ocean State Animal Coalition.

1. The administrator of the division of motor vehicles is empowered to make available a special motor vehicle registration plate for the Ocean State Animal Coalition.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of, and in the same manner, as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Ocean State Animal Coalition motor vehicle plates shall be the same size as regular motor vehicle plates and shall be designed in conjunction with the division of motor vehicles with the design approved by the Rhode Island state police.
4. The Ocean State Animal Coalition motor vehicle plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type. The Ocean State Animal Coalition plates shall not be issued unless the minimum order requirements are met. The initial order shall be handled by the Ocean State Animal Coalition and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator shall develop prepayment procedures and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Ocean State Animal Coalition motor vehicle plates shall be subject to a forty-dollar ($40) issuance surcharge.
7. The forty-dollar issuance ($40) surcharge shall be allocated as follows: twenty dollars ($20) shall be allocated to the general fund, and the remaining twenty dollars ($20) shall be distributed annually to the Ocean State Animal Coalition in furtherance of its mission to improve the status and well-being of animals in Rhode Island, including subsidizing spay and neuter services for cats and dogs.
8. The Ocean State Animal Coalition shall distribute the funds it receives as referenced in subsection (g) of this section to Rhode Island-based municipal animal shelters and other humane organizations pursuant to procedures developed in accordance with subsection (e) of this section.
9. The Ocean State Animal Coalition shall be required to submit an annual accounting report before such monies are distributed.
10. A ten-dollar ($10) surcharge for subsequent registration renewals shall be allocated to the Ocean State Animal Coalition.
11. There shall be no refunds for early cancellation of Ocean State Animal Coalition motor vehicle plates.

History of Section. P.L. 2017, ch. 408, § 1; P.L. 2017, ch. 417, § 1.

31-3-117. Minimum prepaid special motor vehicle registration plate orders.

1. As to any special motor vehicle registration plates that have been authorized pursuant to this chapter but that have not been issued or printed as of July 2, 2018, because the minimum number of prepaid orders for the plates has not been reached, the minimum number of plates that must be prepaid and ordered prior to the plates being made and issued shall be deemed to be six hundred (600) sets of plates per plate type. If the minimum number of prepaid plates provided pursuant to any other section of this chapter is a higher number, that number shall be deemed reduced to six hundred (600) sets of plates per plate type.
2. As to any special plates that are authorized pursuant to this chapter after July 2, 2018, the minimum number of plates that must be prepaid and ordered prior to the plates being made and issued shall be six hundred (600) sets of plates per plate type.

History of Section. P.L. 2018, ch. 137, § 1.

31-3-118. Special plate for Day of Portugal and Portuguese Heritage in RI, Inc.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit Day of Portugal and Portuguese Heritage in RI, Inc. The plates shall be designed to reference Day of Portugal and Portuguese Heritage in RI, Inc.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. Day of Portugal and Portuguese Heritage in RI, Inc. motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by Day of Portugal and Portuguese Heritage in RI, Inc. in conjunction with the division of motor vehicles, with the design approved by the RI state police.
4. Day of Portugal and Portuguese Heritage in RI, Inc. plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). Day of Portugal and Portuguese Heritage in RI, Inc. plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by Day of Portugal and Portuguese Heritage in RI, Inc. and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, Day of Portugal and Portuguese Heritage in RI, Inc. plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to Day of Portugal and Portuguese Heritage in RI, Inc. to assist in the fiscal needs and in furtherance of its mission.
8. A ten-dollar ($10) surcharge for subsequent registration renewals will go to Day of Portugal and Portuguese Heritage in RI, Inc.
9. Day of Portugal and Portuguese Heritage in RI, Inc. will be required to submit an annual accounting report before such monies are distributed.
10. There shall be no refunds for early cancellation of Day of Portugal and Portuguese Heritage in RI, Inc. motor vehicle license plates.
11. In consideration of the receipt of funds from the registration of Day of Portugal and Portuguese Heritage in RI, Inc. plates, the organization must use any Rhode Island-sourced funds in and for the benefit of Rhode Island-based charitable organizations.

History of Section. P.L. 2018, ch. 29, § 1; P.L. 2018, ch. 30, § 1.

31-3-119. Special plate for Narragansett Council, Boy Scouts of America.

1. The administrator of the division of motor vehicles is empowered to make available special motor vehicle registration plates for the not-for-profit corporation Narragansett Council, Boy Scouts of America. The plates shall be designed to reference Narragansett Council, Boy Scouts of America.
2. The special plate shall be displayed upon the same registration number assigned to the vehicle for which it was issued, and shall be used in place of and in the same manner as the registration plates issued to the vehicle. The original registration plates for the vehicle shall be removed from the vehicle and returned to the division of motor vehicles. The registration certificate for the plates shall be carried in the vehicle, in accordance with § 31-3-9 . The registration certificate shall be in effect for the special plate.
3. The Narragansett Council, Boy Scouts of America motor vehicle plates shall be the same size as regular motor vehicle plates, and shall be designed by the Narragansett Council, Boy Scouts of America in conjunction with the division of motor vehicles, with the design approved by the Rhode Island state police.
4. The Narragansett Council, Boy Scouts of America plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets of plates per plate type (i.e. passenger, commercial, etc.). The Narragansett Council, Boy Scouts of America plates shall not be issued unless the minimum order(s) requirements are met. The initial order will be handled by the Narragansett Council, Boy Scouts of America, and shall not be submitted to the division of motor vehicles for production until the minimum order(s) have been met and the proper paperwork submitted to the division.
5. The administrator of the division of motor vehicles shall develop application forms, pre-payment procedures, and any other procedures deemed necessary to carry out the purposes of this section.
6. In addition to the regular prescribed motor vehicle registration fee, the Narragansett Council, Boy Scouts of America plates shall be subject to a forty-dollar ($40.00) issuance surcharge.
7. The forty-dollar ($40.00) issuance surcharge shall be allocated as follows:

   Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00) shall be distributed annually to the Narragansett Council, Boy Scouts of America to assist in the furtherance of its programs in the state of Rhode Island.

8. The Narragansett Council, Boy Scouts of America will be required to submit an annual accounting report before such monies are distributed.
9. There shall be no refunds for early cancellation of Rhode Island Boy Scout plates.

History of Section. P.L. 2018, ch. 107, § 1; P.L. 2018, ch. 112, § 1.

31-3-120. Police chief emeritus — Gary Malikowski.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicle of the former police chief of the town of West Greenwich, Gary Malikowski. This plate is to bear the identification “Police Chief Emeritus,” along with an appropriate designation number imprinted on it and shall be furnished without additional registration charge for such period of time as Gary Malikowski may desire.

History of Section. P.L. 2018, ch. 314, § 1; P.L. 2018, ch. 344, § 1.

31-3-121. Judge emeritus — Stephen J. Capineri.

The administrator of the division of motor vehicles is authorized and directed to issue a special registration plate for the motor vehicle of the former judge of the Rhode Island family court, Stephen J. Capineri. This plate is to bear the identification “Judge Emeritus,” along with an appropriate designation number imprinted on it and shall be furnished without additional registration charge for such period of time as Stephen J. Capineri may desire.

History of Section. P.L. 2021, ch. 300, § 1, effective July 9, 2021; P.L. 2021, ch. 301, § 1, effective July 9, 2021.

31-3.1-1. Certificate of title required.

1. Except as provided in § 31-3.1-2 , every owner of a vehicle which is in this state and for which no certificate of title has been issued by the division of motor vehicles shall make application to the division for a certificate of title of the vehicle.
2. The division of motor vehicles shall not register or renew the registration of a vehicle unless a certificate of title has been issued by the division to the owner or an application for title has been delivered by the owner to the division.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-2. Exclusions.

No certificate of title need be obtained for:

1. A vehicle owned by the United States unless it is registered in this state;
2. A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway, or used for purposes of testing or demonstration; or a vehicle used by a manufacturer solely for testing;
3. A vehicle owned by a nonresident of this state and not required by law to be registered in this state;
4. A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;
5. A vehicle moved solely by human or animal power;
6. An implement of husbandry;
7. Special mobile equipment;
8. A self-propelled wheelchair or tricycle for a person with a disability;
9. A trailer without motive power and designed for carrying property, to be drawn by a motor vehicle and having a gross vehicle weight rating (GVWR) of three thousand pounds (3,000 lbs.) or less. As used herein, the term “trailer” does not include a travel trailer, a fifth-wheel trailer, or park trailer, as defined in § 31-1-3 ;
10. Motorized bicycles; and
11. A mobile home or other nonmotorized dwelling unit built on a chassis greater than eight feet six inches (8´ 6") in width or sixty feet (60´) in length and containing complete electrical, plumbing, and sanitary facilities, and designed to be installed on a temporary or permanent foundation for permanent living quarters.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1975, ch. 123, § 1; P.L. 1976, ch. 58, § 4; P.L. 1978, ch. 382, § 1; P.L. 1983, ch. 219, § 1; P.L. 2018, ch. 13, § 1; P.L. 2018, ch. 21, § 1; P.L. 2019, ch. 308, art. 2, § 8.

31-3.1-3. Optional certificate of title.

The owner of an implement of husbandry or special mobile equipment may apply for and obtain a certificate of title on it. All of the provisions of this chapter are applicable to a certificate of title so issued, except that a person who receives a transfer of an interest in the vehicle without knowledge of the certificate of title is not prejudiced by reason of the existence of the certificate, and the perfection of a security interest under this chapter is not effective until the lienholder has complied with the provisions of applicable law which otherwise relate to the perfection of security interests in personal property.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-4. Application for first certificate of title.

1. The application for the first certificate of title of a vehicle in this state shall be made by the owner to the division of motor vehicles on the form it prescribes and shall contain:
   1. The name, residence, and mailing address of the owner;
   2. A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used;
   3. The date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements; and
   4. Any further information the division reasonably requires to identify the vehicle and to enable it to determine whether the owner is entitled to a certificate of title, and the existence or nonexistence of security interests in the vehicle.
2. If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of this security agreement and be signed by the dealer as well as the owner, and the dealer or buyer shall promptly mail or deliver the application to the division. The buyer shall also complete a security lien statement as provided in § 31-3.1-19 .
3. If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by:
   1. Any certificate of title issued by the other state or country;
   2. Any other information and documents the division reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of a security interest in it; and
   3. The certificate of a person authorized by law that the identifying number of the vehicle has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vehicle the division reasonably requires.
4. 1. Chiefs of police, their designees, who shall be employees of the police department, or, in an emergency, the administrator of the division of motor vehicles, or his or her designee, shall conduct the inspection of the vehicle identifying number, and certify, on forms provided by the division, that it has been found to conform to the description given in the application or any other form of the identity of the vehicle the division reasonably requires. An inspection and certification fee of ten dollars ($10.00) shall be assessed against the applicant by the city or town whose police conduct the inspection. The inspection by the chiefs of police, or their designees, who shall be employees of the police department, shall be conducted at the local city or town police station, at a municipally owned building, or at a licensed new motor vehicle dealership. This provision eliminates the responsibility for the inspection to be performed by division personnel.
   2. Upon inspection of the vehicle identifying number as provided for in this section, each vehicle identification number shall be submitted for a National Crime Information Center (NCIC) check, and the results, sometimes called the “NCIC check number,” shall be attached to the TR-5 form provided by the division or to any other form consistent with this provision that the division might reasonably require.
5. No person, partnership, or corporation shall charge a fee in excess of ten dollars ($10.00) for obtaining a certificate of title for a motor vehicle.
6. In the town of Exeter, the town sergeant, or designees, who shall also be employees of the Exeter town sergeant’s office, are authorized to conduct the inspection required by this section.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1973, ch. 46, § 1; P.L. 1975, ch. 245, § 1; P.L. 1977, ch. 243, § 1; P.L. 1987, ch. 118, art. 23, § 1; P.L. 1987, ch. 420, § 1; P.L. 1995, ch. 171, § 2; P.L. 1999, ch. 448, § 1; P.L. 2011, ch. 99, § 1; P.L. 2011, ch. 138, § 1; P.L. 2012, ch. 239, § 1; P.L. 2012, ch. 360, § 1; P.L. 2021, ch. 190, § 1, effective July 8, 2021; P.L. 2021, ch. 191, § 1, effective July 8, 2021.

31-3.1-5. Examination of records.

The division of motor vehicles, receiving application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the records of vehicles required to be maintained by § 31-3.1-6 and against the record of stolen and converted vehicles required to be maintained by § 31-9-9 .

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-6. Issuance and records.

1. The division of motor vehicles shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue, upon payment of a fee of fifty dollars ($50.00), a certificate of title of the vehicle.
2. The division of motor vehicles shall maintain a record of all certificates of title issued by it:
   1. Under a distinctive title number assigned to the vehicle;
   2. Under the identifying number of the vehicle;
   3. Alphabetically, under the name of the owner; and
   4. At the discretion of the division of motor vehicles, in any other method it determines.
3. Title searches, lien searches, and other transactions not cited and involving titles shall be conducted upon payment of a fee of fifty dollars ($50.00).
4. Beginning in fiscal year 2015 all fees collected pursuant to this section shall be deposited into the Rhode Island highway maintenance account.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1990, ch. 13, § 3; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2009, ch. 5, art. 9, § 1; P.L. 2014, ch. 145, art. 21, § 2.

31-3.1-7. Contents and effect of certificate.

1. Each certificate of title issued by the division of motor vehicles shall contain:
   1. The date issued;
   2. The name and address of the owner;
   3. The names and addresses of any lienholders, in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
   4. The title number assigned to the vehicle;
   5. A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, number of cylinders, whether new or used, and, if a new vehicle, the date of the first sale of the vehicle for use; and
   6. Any other data the division of motor vehicles prescribes.
2. Unless a bond is filed as provided in § 31-3.1-9(2) , a distinctive certificate of title shall be issued for a vehicle last previously registered in another state or country the laws of which do not require that lienholders be named on a certificate of title to perfect their security interests. The certificate shall contain the legend “this vehicle may be subject to an undisclosed lien” and may contain any other information the division of motor vehicles prescribes. If no notice of a security interest in the vehicle is received by the division within four (4) months from the issuance of the distinctive certificate of title, it shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.
3. The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for application for a certificate of title by a transferee, the naming of a lienholder, and the assignment or release of the security interest of a lienholder.
4. A certificate of title issued by the division of motor vehicles is prima facie evidence of the facts appearing on it.
5. A certificate of title for a vehicle is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-8. Delivery.

The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-9. Registration without certificate of title — Bond.

If the division of motor vehicles is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the division of motor vehicles may register the vehicle but shall either:

1. Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the division of motor vehicles as to the applicant’s ownership of the vehicle and that there are no undisclosed security interests in it; or
2. As a condition of issuing a certificate of title, require the applicant to file with the division of motor vehicles a bond in the form prescribed by the division of motor vehicles and executed by the applicant, and either accompanied by the deposit of cash with the division of motor vehicles or also executed by a person authorized to conduct a surety business in this state. The bond shall be in the amount equal to one and one-half (11/2) times the value of the vehicle, as determined by the division of motor vehicles. This amount will be conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney’s fees, by reason of the issuance of the certificate of title of the vehicle or an account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vehicle. Any interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of three (3) years or prior to that time if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the division of motor vehicles unless the division of motor vehicles has been notified of the pendency of an action to recover on the bond.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-10. Refusing certificate of title.

The division of motor vehicles shall refuse issuance of a certificate of title if any required fee is not paid or if it has reasonable grounds to believe that:

1. The applicant is not the owner of the vehicle;
2. The application contains a false or fraudulent statement;
3. The applicant fails to furnish required information or documents or any additional information the division reasonably requires; or
4. The applicant fails to furnish evidence that any tax due with reference to the motor vehicle pursuant to the provisions of chapters 18 and 19 of title 44 has been paid in accordance with regulations prescribed by the tax administrator, and on any forms that shall be approved by the tax administrator and the division of motor vehicles.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1973, ch. 263, art. VI, § 1.

31-3.1-11. Lost, stolen or mutilated certificates.

1. If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the division of motor vehicles, shall promptly apply for and may obtain a duplicate upon furnishing information satisfactory to the division of motor vehicles and pay a fifty dollar ($50.00) fee. The duplicate certificate of title shall contain the legend “this is a duplicate certificate and may be subject to the rights of a person under the original certificate.” It shall be mailed to the first lienholder named in it or, if none, to the owner.
2. The division of motor vehicles shall not issue a certificate of title to a transferee upon application made on a duplicate until fifteen (15) days after receipt of the application.
3. A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the division of motor vehicles.
4. A person applying for a duplicate title may designate an automobile dealer as the designated recipient of the duplicate title provided, that there is no current lien holder and the applicant/owner signs an affidavit stating that the vehicle has been sold or traded to the dealer in such form as designated by the administrator of the division of motor vehicles.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1990, ch. 13, § 3; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2005, ch. 412, § 1; P.L. 2009, ch. 5, art. 9, § 1.

31-3.1-12. Transfer.

1. If the owner transfers his or her interest in a vehicle, other than by the creation of a security interest, he or she shall, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided for it on the certificate or as the division of motor vehicles prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the division of motor vehicles.
2. Except as provided in § 31-3.1-13 , the transferee shall, promptly after delivery to him or her of the vehicle, execute the application for a new certificate of title in the space provided for it on the certificate or as the division of motor vehicles prescribes, and cause the certificate and application to be mailed or delivered to the division of motor vehicles.
3. Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his or her security agreement, either deliver the certificate to the transferee for delivery to the division of motor vehicles or upon receipt from the transferee of the owner’s assignment, the transferee’s application for a new certificate, the registration card, license plates and the required fee of fifty dollars ($50.00), mail or deliver them to the division of motor vehicles. The delivery of the certificate does not affect the rights of the lienholder under his or her security agreement.
4. If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of § 31-3.1-20 .
5. Except as provided in § 31-3.1-13 and as between the parties, a transfer by an owner is not effective until the provisions of this section and § 31-3.1-15 , have been complied with. However, an owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section and § 31-3.1-15 , requiring action by him or her, is not liable as owner for any subsequent damages resulting from operation of the vehicle.
6. The administrator of the division of motor vehicles shall prescribe and/or approve a power-of-attorney form which complies with § 408(d)(1)(C) of the Motor Vehicle Information and Cost Savings Act, 49 U.S.C. § 32705(b)(2), as amended, and any regulations promulgated pursuant to it, and this form may be used in connection with transfers of title under this section to the full extent permitted by federal law.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1990, ch. 13, § 3; P.L. 1990, ch. 348, § 1; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2000, ch. 109, § 58; P.L. 2009, ch. 5, art. 9, § 1.

31-3.1-13. Transfer to or from dealer — Records.

1. If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner or the lienholder within ten (10) days after delivery to him of the vehicle, the dealer need not send the certificate to the division of motor vehicles. However, upon transferring the vehicle to another person other than by the creation of a security interest, the dealer shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of the security agreement, in the spaces provided for it on the certificate or as the division of motor vehicles prescribes, and mail or deliver the certificate to the division of motor vehicles with the transferee’s application for a new certificate.
2. Every dealer shall maintain for five (5) years a record in the form the division of motor vehicles prescribes of every vehicle bought, sold, or exchanged by the dealer, or received by the dealer for sale or exchange, which shall be open to inspection by a representative of the division of motor vehicles or peace officer during reasonable business hours.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-14. Transfer by operation of law.

1. If the interest of any owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the division of motor vehicles the last certificate of title, if available, proof of the transfer, and his or her application for a new certificate in the form the division of motor vehicles prescribes.
2. If the interest of the owner is terminated or the vehicle is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the division of motor vehicles the last certificate of title, his or her application for a new certificate in the form the division of motor vehicles prescribes, and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement. If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, the lienholder need not secure a new certificate of title but, upon transfer to another person shall promptly mail or deliver to the transferee or to the division of motor vehicles, the certificate, affidavit, and other documents and articles required to be sent to the division of motor vehicles by the transferee.
3. A person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the division of motor vehicles upon request of the division of motor vehicles. The delivery of the certificate pursuant to the request of the division of motor vehicles does not affect the rights of the person surrendering the certificate, and the action of the division of motor vehicles in issuing a new certificate of title as provided in this section is not conclusive upon the rights of an owner or lienholder named in the old certificate.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-15. Fees — Registration cards.

1. An application for a certificate of title shall be accompanied by the registration card, and the required fee when mailed or delivered to the division of motor vehicles.
2. An application for the naming of a lienholder or his assignee on a certificate of title shall be accompanied by the registration card and the required fee when mailed or delivered to the division of motor vehicles.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1972, ch. 17, § 1.

31-3.1-16. Issuance of new certificate.

1. The division of motor vehicles, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents and articles required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner.
2. The division of motor vehicles upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents and articles required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to it, the division of motor vehicles shall make demand for the certificate from its holder.
3. The division of motor vehicles shall file and retain for five (5) years every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the vehicle designated in it.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-16.1. Electronic recording of security interests.

The registrar is authorized to develop, establish and maintain an electronic data and communications system with banks, credit or other financial institutions for the purpose of electronically recording the existence of security interests under the provisions of this chapter. Where an electronic lien recording method is employed, the registrar may waive the issuance and mailing of the certificate of title to the lienholder.

History of Section. P.L. 2006, ch. 639, § 1.

31-3.1-17. Scrapping, dismantling or destroying vehicle.

Any individual, company, or corporation that scraps, dismantles, or destroys a vehicle at its final disposition site in this state shall immediately cause the certificate of title or the salvage certificate of title to be mailed or delivered to the division of motor vehicles for cancellation.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1983, ch. 221, § 5.

31-3.1-18. Excepted liens and security interests.

This chapter does not apply to or affect:

1. A lien given by statute or rule of law to a supplier of services or materials for the vehicle;
2. A lien given by statute to the United States, this state or any political subdivision of this state; or
3. A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-19. Perfection of security interests.

1. Unless excepted by § 31-3.1-18 , a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this chapter.
2. A security interest is perfected by the delivery to the division of motor vehicles of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder, and the date of his or her security agreement. A security interest may also be perfected by the execution of a security lien statement and the required fee of fifty dollars ($50.00) and registration card.
3. If a vehicle is subject to the security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:
   1. If the parties understood at the time the security interest attached that the vehicle would be kept in this state and it was brought into this state within the following thirty (30) days for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state.
   2. If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:
      1. If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, his security interest continues perfected in this state.
      2. If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the vehicle is issued in this state and beyond that if, within the four (4) month period, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the four (4) month period. If done at that time, perfection dates from the time of perfection in this state.
   3. If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this state. If done at that time, perfection dates from the time of perfection in this state.
   4. A security interest may be perfected under subsection (c)(2)(ii) or subsection (c)(3) either as provided in subsection (b), or by the lienholder delivering to the division of motor vehicles a notice of security interest in the form the division of motor vehicles prescribes and the required fee.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1973, ch. 46, § 2; P.L. 1975, ch. 245, § 2; P.L. 1990, ch. 13, § 3; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2000, ch. 182, § 11; P.L. 2000, ch. 420, § 11; P.L. 2009, ch. 5, art. 9, § 1.

31-3.1-20. Security interest — Change of certificate.

If an owner creates a security interest in a vehicle:

1. The owner shall immediately execute the application, in the space provided for it on the certificate of title or on a separate form the division of motor vehicles prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his security agreement, and cause the certificate of application and the required fee and registration card to be delivered to the lienholder.
2. The lienholder shall immediately cause the certificate, application, and the required fee and registration card to be mailed or delivered to the division of motor vehicles.
3. Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the division of motor vehicles or, upon receipt from the subordinate lienholder of the owner’s application and the required fee and registration card, mail or deliver them to the division of motor vehicles with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his or her security agreement.
4. Upon receipt of the certificate of title, the application, the required fee of fifty dollars ($50.00), and the registration card, the division of motor vehicles shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1992, ch. 15, art. 7, § 1; P.L. 1993, ch. 138, art. 85, § 6; P.L. 2009, ch. 5, art. 9, § 1.

31-3.1-21. Assignment by lienholder.

1. A lienholder may assign, absolutely or otherwise, his or her security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest, and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate.
2. The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as lienholder, upon delivering to the division of motor vehicles the certificate and an assignment by the lienholder named in the certificate in the form the division of motor vehicles prescribes.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-22. Release of security interest.

1. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall, within fifteen (15) business days, execute a release of his or her security interest, in the space provided for it on the certificate or as the division of motor vehicles prescribes, and mail or deliver the certificate and release to the next lienholder named in it, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the division of motor vehicles, which shall release the lienholder’s rights on the certificate or issue a new certificate.
2. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall within ten (10) days execute a release in the form the division of motor vehicles prescribes and deliver the release to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him or her, for delivery to the division of motor vehicles, or, upon receipt of the release and registration card, mail or deliver them with the certificate to the division of motor vehicles which shall release the subordinate lienholder’s rights on the certificate or issue a new certificate.
3. It shall be unlawful for the lienholder to charge any fee for the delivery of the certificate and release.
4. Failure of the lienholder to provide the certificate and release as required by this section shall subject the lienholder to liability for any damages to the owner caused by that failure.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1985, ch. 377, § 1.

31-3.1-23. Duty of lienholder.

A lienholder named in a certificate of title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his or her security agreement and the indebtedness secured by it.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-24. Exclusiveness of procedure.

The method provided in this chapter of perfecting and giving notice of security interests subject to the chapter is exclusive. Security interests subject to this chapter are exempted from the provisions of law which prescribe technical requirements in execution or acknowledgment of or otherwise require or relate to the filing of instruments creating or evidencing security interests.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-25. Suspension or revocation of certificates.

1. The division of motor vehicles shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with § 31-3.1-36 , when authorized by any other provision of law or if it finds:
   1. The certificate of title was fraudulently procured or erroneously issued;
   2. The vehicle has been scrapped, dismantled or destroyed; or
   3. Upon request of the tax administrator after notice and reasonable opportunity to be heard by the tax administrator, that the taxes specified in § 31-3.1-10(4) have not been paid.
2. Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
3. When the division of motor vehicles suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the division of motor vehicles.
4. The division of motor vehicles may seize and impound any certificate of title which has been suspended or revoked.

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1973, ch. 263, art. VI, § 2.

31-3.1-26. Powers of division of motor vehicles.

1. The division of motor vehicles shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out the provisions of this chapter.
2. The division of motor vehicles may:
   1. Make necessary investigations to procure information required to carry out the provisions of this chapter;
   2. Assign a new identifying number to a vehicle if it has none, or its identifying number is destroyed or obliterated, or its motor is changed and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate.

History of Section. P.L. 1971, ch. 100, § 1.

31-3.1-27. Vehicle leases that are not sales or security interests.

In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

History of Section. P.L. 1991, ch. 305, § 8.

31-3.1-28 — 31-3.1-35. [Obsolete.]

31-3.1-36. Court review.

A person aggrieved by an act or omission to act of the division of motor vehicles under this chapter is entitled to a review by the sixth division of the district court in accordance with the administrative procedure act of this state. A party aggrieved by a final order of the court may seek review in the supreme court by writ of certiorari in accordance with the procedures contained in § 42-35-16 .

History of Section. P.L. 1971, ch. 100, § 1; P.L. 1976, ch. 140, § 13.

31-3.1-37. Passage of title upon death of owner.

Unless otherwise provided in the last will and testament of a decedent, any motor vehicle(s) owned by the decedent shall belong, and title to them shall pass, to the surviving spouse.

1. The administrator of the division of motor vehicles shall register the motor vehicle(s) in the name of the surviving spouse upon presentation to the division of motor vehicles of:
   1. A certified copy of the death certificate of the deceased spouse;
   2. Registration(s) of the motor vehicle(s) of the deceased spouse.
2. No fee shall be charged to the surviving spouse for issuance of a new certificate of title.
3. A surviving spouse shall not be charged a registration fee during the year he or she is registering the vehicle(s) in his or her name and having a new certificate of title issued,
   1. Where the deceased spouse registered that motor vehicle(s) with the division of motor vehicles; and
   2. Paid the registration fees provided in § 31-6-1 for the motor vehicle(s) for the year.
4. Where the deceased spouse did not register the motor vehicle(s) or failed to pay a registration fee pursuant to § 31-6-1 for the year in which the surviving spouse appears to register the motor vehicle(s) and have a new title certificate issued in his or her name, then the surviving spouse shall pay a pro rata amount of the annual registration fee for the remaining months of the year.

History of Section. P.L. 1972, ch. 98, § 1; P.L. 1985, ch. 285, § 1; P.L. 2010, ch. 239, § 27.

31-3.1-38. Effective dates — Applicability.

This chapter shall apply to all model vehicles designated as 2001 models and all subsequent model year vehicles. All vehicles designated as model years prior to 2001 shall be excluded from these provisions.

History of Section. P.L. 1971, ch. 100, § 2; P.L. 1987, ch. 118, art. 23, § 2; P.L. 1987, ch. 132, § 1; P.L. 2000, ch. 109, § 58; P.L. 2010, ch. 23, art. 9, § 2; P.L. 2019, ch. 88, art. 7, § 4.

31-3.2-1. Definitions.

For the purpose of this chapter, the terms defined in this section have the following meanings ascribed to them:

1. “Dealer” means a person, partnership, or corporation engaged in the business of selling snowmobiles or recreational vehicles at wholesale or retail.
2. “Director” means the director of the department of environmental management acting directly or through his or her authorized agent.
3. “Manufacturer” means a person, partnership or corporation engaged in the business of manufacturing snowmobiles or recreational vehicles.
4. “Operate” means to ride in, on, and control the operation of a snowmobile or recreational vehicle.
5. “Operator” means every person who operates or is in actual physical control of a snowmobile or recreational vehicle.
6. “Owner” means a person, other than a lienholder, having the property in or title to a snowmobile or to a recreational vehicle or entitled to the use or possession of one.
7. “Person” includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not.
8. “Recreational vehicle” means a motor vehicle including minibikes designed to travel over unimproved terrain and which has been determined by the division of motor vehicles as unsuitable for operation on the public way and not eligible for registration for such use. This shall not be construed to include golf mobiles or golf carts, riding lawn mowers, or garden tractors, which are not registered as farm vehicles, but shall include any three (3) wheel driven vehicle and any other four (4) wheel driven vehicle, regardless of type or design, including all classes of all-terrain vehicles.
9. “Register” means the act of assigning a registration number of a snowmobile or recreational vehicle.
10. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel.
11. “Snowmobile” means a motor vehicle designed to travel over ice or snow supported in whole or in part by skis, belts, cleats, or low-pressure tires.

History of Section. P.L. 1971, ch. 117, § 1; P.L. 1972, ch. 85, § 1; P.L. 1978, ch. 334, § 1; P.L. 1987, ch. 412, § 1; P.L. 1988, ch. 413, § 1.

31-3.2-2. Registration.

1. General requirements.  Except as provided in this chapter, no person shall operate any snowmobile or recreational vehicle within the state unless the snowmobile or recreational vehicle has been registered in accordance with this chapter. Any operator of any snowmobile or recreational vehicle not registered in accordance with this chapter shall be deemed guilty of a civil violation and be subject to a fine of one hundred dollars ($100) for each offense. All recreational vehicles sold by a dealer shall be registered at time of sale of such vehicle. Any recreational vehicle purchased for use exclusively outside of the state of Rhode Island shall not require registration at the time of purchase; provided that the purchaser of such recreational vehicle shall sign a declaration, provided by the director via the dealer, stating that the purchaser understands the conditions under which a recreational vehicle must be registered and the penalty for violation of such registration requirements. Each signed declaration shall be forwarded by the dealer to the director.
   1. Recreational vehicle safety course and safety certificate.  The director shall establish a curriculum or curricula for a recreational vehicle safety training course or courses. Any such curriculum may include, but not be limited to, on-vehicle training and safe riding practices. The director may establish different courses and curricula for different types of recreational vehicles. The director may permit any such safety training course to be given by any private person, club, association or municipality that meets standards established by the director. The director may establish a reasonable fee that any such person or entity may charge for such course or courses.
   2. The safety course shall be required for all first time recreational vehicle buyers, as well as all operators under the age of sixteen (16). Proof of completion of safety course shall be carried while operating any recreational vehicle off private property.
2. Application  — Issuance — Reports. Application for registration shall be made to the director in such form as the director shall prescribe, and shall state the name and address of every owner of the snowmobile or recreational vehicle and be signed by at least one owner. Upon receipt of the application and the appropriate fee, the snowmobile or recreational vehicle shall be registered and a reflectorized identification number assigned which shall be affixed to the snowmobile or recreational vehicle in such manner as the director shall prescribe.
3. Fees for registration.
   1. The fee for registration of each snowmobile or recreational vehicle, other than those registered by a dealer or manufacturer pursuant to subsection (c)(1) or (c)(2) shall be as follows: twenty-five dollars ($25.00) for one year and one dollar ($1.00) for a duplicate or transfer.
   2. The total registration fee for all snowmobiles or recreational vehicles owned by a dealer and operated for demonstration or testing purposes shall be twenty-five dollars ($25.00) per year.
   3. The total registration fee for all snowmobiles or recreational vehicles owned by a manufacturer and operated for research, testing, experimentation, or demonstration purposes shall be one hundred dollars ($100) per year. Dealer and manufacturer registrations are not transferable.
   4. In addition to the registration fees enumerated in subdivisions (1) — (3) of this subsection, an annual registration fee of ten dollars ($10.00) for residents and twenty dollars ($20.00) for nonresidents on all off-road facilities established by the department of environmental management for such purposes. No person shall operate any recreational vehicles on off-road facilities which has not been registered as required by this subdivision.
4. Renewal.  Every owner of a snowmobile or recreational vehicle shall renew his or her registration in such manner as the director shall prescribe, upon payment of the same registration fees provided in subsection (c).
5. Snowmobiles or recreational vehicles owned by state or political subdivision.  A registration number shall be issued without the payment of a fee for snowmobiles or recreational vehicles owned by the state of Rhode Island or a political subdivision of the state upon application for it.
6. Exemptions.  No registration under this section shall be required for the following described snowmobiles or recreational vehicles:
   1. Snowmobiles or recreational vehicles owned and used by the United States, another state, or a political subdivision of the United States or another state.
7. Special Permits.  The director of environmental management may issue special permits to out of state snowmobiles or recreational vehicles from a state or country where registration is not required to operate in Rhode Island for limited periods of time not to exceed thirty (30) days in connection with organized group outings, trail rides, races, rallies, and other promotional events.
8. Non-resident recreational vehicle registration.  The registration provisions of this section shall not apply to non-resident owners who have registered their recreational vehicles in compliance with the registration and licensing laws of the state, province, district or country of residence in which they reside, provided that the recreational vehicle is appropriately identified in accordance with the laws of the state of residence. The provisions of this subsection shall not apply to a resident of another state, province, district or country that does not have a recreational vehicle registration and identification law.

History of Section. P.L. 1971, ch. 117, § 1; P.L. 1987, ch. 387, § 1; P.L. 1988, ch. 413, § 2; P.L. 1999, ch. 218, art. 6, § 2; P.L. 2000, ch. 109, § 59; P.L. 2004, ch. 595, art. 33, § 7; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

31-3.2-3. Disposition of fees.

All fees from registration of snowmobiles or recreational vehicles shall be deposited as general revenues.

History of Section. P.L. 1971, ch. 117, § 1; P.L. 1987, ch. 387, § 1; P.L. 1995, ch. 370, art. 40, § 102.

31-3.2-4. Transfer or termination of ownership.

Within fifteen (15) days after the transfer of ownership, or any part of it, other than a security interest, or the destruction or abandonment of any snowmobile or recreational vehicle, written notice of that transfer or destruction shall be given to the director in any form that he or she shall prescribe.

History of Section. P.L. 1971, ch. 117, § 1.

31-3.2-4.1. Operation of snowmobile or recreational vehicle without permission — Penalty.

1. No person shall operate any snowmobile or recreational vehicle upon any property or premises owned by another person without the consent in writing of the owner of the property or premises.
2. No person shall operate any snowmobile or recreational vehicle which is owned by another person without the consent in writing of the owner.
3. Penalties.  Any person who shall violate the provisions of this section shall be guilty of a civil violation and be subject to a fine of not more than one hundred dollars ($100) for each offense.

History of Section. P.L. 1988, ch. 413, § 3; P.L. 1999, ch. 218, art. 6, § 2.

31-3.2-5. Licensing by political subdivisions.

No political subdivision of this state shall require licensing or registration of snowmobiles or recreational vehicles.

History of Section. P.L. 1971, ch. 117, § 1.

31-3.2-6. Rules and regulations.

1. With a view of achieving maximum use of snowmobiles and/or recreational vehicles, the director of natural resources shall adopt rules and regulations for the following purposes:
   1. Registration of snowmobiles and recreational vehicles and display of registration numbers.
   2. Use of snowmobiles and recreational vehicles insofar as game and fish resources are affected.
   3. Use of snowmobiles and recreational vehicles on public lands and waters under the jurisdiction of the director.
   4. Uniform signs to be used by the state, counties, cities and towns, which are necessary or desirable to control, direct, or regulate the operation and use of snowmobiles and recreational vehicles.
   5. Specifications relating to snowmobiles and recreational vehicles’ mufflers.
2. The administrator of the division of motor vehicles may adopt rules and regulations not inconsistent with this chapter in the manner provided by this title regulating the use of snowmobiles and recreational vehicles on streets and highways.

History of Section. P.L. 1971, ch. 117, § 1; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

31-3.2-7. Operation.

Operation on streets and highways.

1. 1. No person shall operate a snowmobile or recreational vehicle upon the roadway shoulder, on the inside bank or slope on any highway in this state, or elsewhere within the right of way, except as provided in this chapter. No snowmobile or recreational vehicle shall be operated at any time within the right of way of any interstate highway or freeway within this state.
   2. A snowmobile or recreational vehicle may make a direct crossing of a street or highway at any hour of the day provided:
      1. The crossing is made at an angle of approximately ninety degrees (90 degrees) to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
      2. The snowmobile or recreational vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
      3. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard;
      4. In crossing a divided highway the crossing is made only at an intersection of the highway, with another public street or highway; and
      5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
   3. No snowmobile or recreational vehicle shall be operated upon a public street or highway unless it is equipped with at least one head lamp and one tail lamp, each of minimum candlepower as prescribed by regulations of the director; reflector material of a minimum area of sixteen (16) square inches mounted on each side forward of the handlebars; and with brakes. All of these shall conform to standards prescribed by rule of the director.
   4. A snowmobile or recreational vehicle may be operated upon a public street or highway other than as provided by subsection (a)(2) in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical.
      1. International contests, use of highways, etc.  Nothing in this section shall prohibit the use of snowmobiles or recreational vehicles within the right of way of any highway or upon public lands or waters under the jurisdiction of the director of environmental management in any international contest, subject to the consent of the official or board having jurisdiction over the highway or public lands or waters.
      2. Operation generally.  It shall be unlawful for any person to drive or operate any snowmobile or recreational vehicles in the following unsafe or harassing ways:
         1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances;
         2. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to it;
         3. While under the influence of intoxicating liquor or narcotics, or habit-forming drugs;
         4. Without a lighted head light and tail light when required for safety;
         5. In any tree nursery or planting in a manner which damages or destroys growing stock; or
         6. Without the operator and passengers wearing a helmet equipped with a face guard of a type approved by the administrator of the division of motor vehicles.
2. The provisions of §§ 31-27-2 and 31-27-2.1 relating to weight of alcohol in the defendant’s blood and its admission as evidence shall apply to subparagraph (C) of this paragraph.
3. It shall be unlawful for any person to drive or operate any snowmobile or other motorized recreational vehicle upon any above-ground reservoir property of the Woonsocket reservoir in the towns of North Smithfield, Lincoln, and Smithfield, and in the city of Woonsocket. Any person who shall violate the provisions of this section shall be guilty of a civil violation and be punished by a fine of not more than fifty dollars ($50.00) for the first offense and by a fine of one hundred dollars ($100) for any subsequent offense.

History of Section. P.L. 1971, ch. 117, § 1; P.L. 1974, ch. 67, § 1; P.L. 1974, ch. 80, § 1; P.L. 1999, ch. 218, art. 6, § 2.

31-3.2-7.1. Operation prohibited within valley marshes.

No person shall operate a motorcycle, recreational vehicle or other motorized vehicle within the Blackstone Valley Flood Plains or Marshes, also known as the “Valley Marshes.”

History of Section. P.L. 1980, ch. 77, § 1; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

31-3.2-8. Mufflers.

Except as provided in this section, every snowmobile or recreational vehicle shall be equipped at all times with a muffler in good working order which blends the exhaust noise into the overall snowmobile or recreational vehicle noise and is in constant operation to prevent excessive or unusual noise. The exhaust system shall not emit or produce a sharp popping or crackling sound. This section does not apply to organized races or similar competitive events held on:

1. Private lands, with the permission of the owner, lessee or custodian of the land;
2. Public lands and water under the jurisdiction of the director, with the director’s permission; or
3. Other public lands, with the consent of the public agency owning the land. No person shall have for sale, sell, or offer for sale on any new snowmobile or recreational vehicle any muffler that fails to comply with the specifications required by the rules and regulations of the director after the effective date of the rules and regulations.

History of Section. P.L. 1971, ch. 117, § 1; P.L. 1992, ch. 324, § 10; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

31-3.2-9. Crossing of highways by youthful operators — Prohibitions.

1. No person under sixteen (16) years of age shall make a direct crossing of a state highway as the operator of a snowmobile or recreational vehicle. A person sixteen (16) years of age or older, but less than eighteen (18) years of age, may make a direct crossing of a highway only if he or she has in his or her immediate possession a valid motor vehicle operator’s license.
2. No one shall carry a firearm, rifle, or shotgun in or on a snow vehicle, a recreational vehicle, or on a trailer or sled attached to one unless such firearm, rifle, or shotgun is unloaded and in an enclosed case, unless he or she is a law enforcement officer or other person authorized to carry arms.
3. It is unlawful for the owner of a snowmobile or recreational vehicle to permit the snowmobile or recreational vehicle to be operated contrary to the provisions of this section. Nothing contained in this section shall be construed to supersede the powers of any department of the state, nor of any city, town, commission, or body having authority to regulate the use of lands, waters, or ways within their respective control, or jurisdiction from adopting rules, regulations, ordinances, or by-laws not repugnant to law as to the operation of snow vehicles or recreational vehicles on such lands, waters, or ways, including the prohibition of such operation. Nothing contained in this chapter shall be deemed to constitute a license to operate snow vehicles or recreational vehicles on private land. Any person who operates a snowmobile upon the land of another shall stop and identify himself or herself upon the request of the landowner or his or her duly authorized representative, and if requested to do so by the owner or representative, shall promptly remove the snowmobile from the premises.

History of Section. P.L. 1971, ch. 117, § 1.

31-3.2-10. Penalties.

Any person who violates any provisions of this chapter or any regulation of the director of the department of environmental management or the administrator of the division of motor vehicles shall be guilty of a misdemeanor for a first offense and be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than ninety (90) days, or both, and shall be required to take or retake a safety education certificate course that has been approved by the director; for a second offense, be punished by a fine of not more than two hundred fifty dollars ($250) or by imprisonment for not more than ninety (90) days, or both; and for a third or subsequent offense, be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than ninety (90) days, or both. The director may suspend or revoke the registration of a snow vehicle or a recreational vehicle, after a hearing, for good cause which shall include, but not be limited to:

1. Nonownership by the applicant;
2. The failure of the vehicle to meet equipment standards after the owner has received notice to comply with the standards;
3. Operation of the vehicle improperly or in such a manner as to cause damage to any property or death or injury to any person, or that the registrant has allowed or permitted the vehicle to be so operated.
4. Repeat violations of this chapter or any associated regulation.

History of Section. P.L. 1971, ch. 117, § 1; P.L. 2008, ch. 127, § 1; P.L. 2008, ch. 179, § 1.

31-3.2-11. Liability for negligence.

Negligence in the use of operation of a recreational vehicle shall be attributable to the owner. Every owner of a recreational vehicle used or operated in this state shall be liable and responsible for injury or death or damage to property resulting from negligence in the use or operation of such vehicle by any person using or operating the same with the permission, express or implied, of such owner; provided, however, that such operator’s negligence shall not be attributed to the owner as to any claim or cause of action accruing to the operator or his legal representative for such injuries or death.

History of Section. P.L. 2008, ch. 127, § 2; P.L. 2008, ch. 179, § 2.

31-3.3-1. Accessibility of charging stations for electric vehicles.

The department of transportation, along with the division of motor vehicles and the office of energy resources, shall develop, no later than January 1, 2022, a plan for a statewide electric vehicle charging station infrastructure in order to make electric vehicle charging stations more accessible to the public.

History of Section. P.L. 2021, ch. 389, § 1, effective July 13, 2021; P.L. 2021, ch. 390, § 1, effective July 13, 2021.

31-4-1. Expiration of registration by transfer of interest in vehicle — Disposition of plates.

Whenever the owner of a registered vehicle transfers or assigns his or her title or interest in ownership, or whenever he or she shall request the transfer of the registration to another vehicle owned by him or her, or shall remove the vehicle from the highways of this state to be used solely upon his or her property, the registration of the vehicle shall expire. The owner shall remove the registration plates from the vehicle and forward them to the division of motor vehicles, or may have such plates and the registration number thereon assigned to another vehicle upon payment of the fees required by law and subject to the rules and regulations of the division of motor vehicles. Any corporation or limited liability company in the business of providing vehicle leasing or vehicle rental may cancel a registration by submitting a sworn, notarized affidavit to the division of motor vehicles stating that the registration plates are unavailable due to loss, theft, or other reasons.

History of Section. P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1952, ch. 2937, § 3; G.L. 1956, § 31-4-1 ; P.L. 1999, ch. 495, § 1; P.L. 2009, ch. 362, § 1.

31-4-2. Endorsement and forwarding of registration card.

The owner shall also endorse the name and address of the transferee and the date of transfer upon the reverse side of the registration card issued for the vehicle and shall immediately forward the card to the division of motor vehicles. However, the number plates need not be returned if the owner shall, within ten (10) days of such transfer or assignment, secure the registration of another vehicle.

History of Section. P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1951, ch. 2826, § 8; P.L. 1952, ch. 2937, § 3; G.L. 1956, § 31-4-2 .

31-4-3. Temporary registration — Invoice voucher issued by dealer.

1. Any person who purchases a motor vehicle from a bona fide licensed dealer and who presently has a motor vehicle registered in this state, may, when the vehicle purchased is of the same type as the presently owned and registered vehicle, operate the newly acquired motor vehicle for a period of twenty (20) days following the date of the original dated voucher. During this period any operator of the newly acquired vehicle shall carry the original dated bill of sale or invoice voucher which shall be accompanied by a numbered state sales tax form. The voucher or bill of sale shall recite the registration number to be transferred from the former vehicle to the newly acquired vehicle.
2. The bill of sale or invoice voucher shall be sequentially and numerically identified, dated on the day of sale, and shall be valid for not more than twenty (20) days following the date of the original dated voucher. No dealer or any other person shall extend or alter the date nor shall a new bill of sale be issued to the purchaser as a means to circumvent this section.
3. Every dealer shall keep a sequential record of each temporary certificate issued and those records shall be available during business hours for examination by any police officer or inspector of the division of motor vehicles as designated by the administrator of the division of motor vehicles.
4. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1950, ch. 2595, art. 4, § 1; P.L. 1951, ch. 2698, § 1; G.L. 1956, § 31-4-3 ; P.L. 1962, ch. 198, § 1; P.L. 1969, ch. 91, § 1; P.L. 1983, ch. 205, § 1; P.L. 2002, ch. 292, § 104.

31-4-4. Registration by transferee.

The transferee before operating or permitting the operation of an acquired vehicle upon a highway shall apply for and obtain the registration for it, as upon an original registration, except as otherwise permitted in §§ 31-4-5 — 31-4-7 .

History of Section. P.L. 1950, ch. 2595, art. 4, § 2; G.L. 1956, § 31-4-4 .

31-4-5. Dealers exempt from new registration.

When the transferee of a vehicle is a dealer who holds the vehicle for resale and lawfully operates the vehicle under dealers’ number plates or when the transferee does not drive the vehicle or permit it to be driven upon the highways, the transferee shall not be required to obtain a new registration of the vehicle.

History of Section. P.L. 1950, ch. 2595, art. 4, § 3; G.L. 1956, § 31-4-5 .

31-4-6. Transfer of interest by operation of law.

Whenever the title or interest of an owner in or to a registered vehicle shall pass to another otherwise than by voluntary transfer, the registration for the vehicle shall expire and the vehicle shall not be operated upon any highway unless and until the person entitled to possession of the vehicle shall apply for and obtain the registration for it. However, when the title or interest of the owner passes to another by reason of death, insolvency, or bankruptcy, the vehicle may continue to be operated under the registration previously issued for it until the possession of the vehicle has been transferred by the legal representative, assignee, receiver, or trustee in bankruptcy, or until the registration shall expire, whichever shall first occur.

History of Section. P.L. 1950, ch. 2595, art. 4, § 4; P.L. 1951, ch. 2826, § 9; G.L. 1956, § 31-4-6 .

31-4-6.1. Transfer of interest between spouses.

Whenever a person transfers his or her interest or title in or to a registered vehicle to his or her spouse, the administrator of the division of motor vehicles shall not transfer the registration unless the application is accompanied by a separate signed and notarized statement from the transferor indicating his or her approval of the transfer.

History of Section. P.L. 1969, ch. 90, § 1.

31-4-7. Repossession of vehicle.

In the event of repossession of a motor vehicle under a rental agreement, lease, contract of conditional sale, or other title retention agreement, or in the event title becomes vested in the holder of a lien, mortgage, or encumbrance upon a motor vehicle, the person repossessing or so obtaining title may apply to the division of motor vehicles for and obtain bailee registration plates, and may operate the vehicle under those special plates only for purposes of transporting the same to a garage or warehouse, or for purposes of demonstrating or selling the same. Whoever shall so obtain possession of a vehicle shall return the registration plates found on the vehicle and the registration card, if available, to the division of motor vehicles within five (5) days thereof.

History of Section. P.L. 1950, ch. 2595, art. 4, § 4; P.L. 1951, ch. 2826, § 9; G.L. 1956, § 31-4-7 .

31-4-8. Dismantled vehicles.

1. Any owner dismantling or wrecking any registered vehicle shall immediately forward to the division of motor vehicles, the registration card, and the registration plate or plates last issued for that vehicle.
2. Any motor vehicle, if repaired must be inspected and approved by the motor vehicles enforcement division prior to registration and, if required, reissuance of a new Rhode Island vehicle identification plate.

History of Section. P.L. 1950, ch. 2595, art. 4, § 5; G.L. 1956, § 31-4-8 ; P.L. 1974, ch. 207, § 1; P.L. 1979, ch. 229, § 1; P.L. 1983, ch. 221, § 4.

31-4-8.1. Penalties.

Any individual, company, corporation, owner, or any insurance firm or representative thereof who violates any of the provisions of § 31-4-8 shall be guilty of a felony and shall be punished by imprisonment for not more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.

History of Section. P.L. 1979, ch. 229, § 1; P.L. 1992, ch. 324, § 11.

31-4-9. Out-of-state purchases.

Any person who purchases a motor vehicle outside the state of Rhode Island from a bona fide licensed dealer and who presently has a motor vehicle registered in this state may, when the new vehicle purchased is of the same type, and has the same number of wheels as the presently owned and registered vehicle, operate the newly acquired motor vehicle for a period beginning at the date of transfer until five o’clock (5:00) p.m. of the third division of motor vehicles business day following the date of transfer provided that the number plates issued upon registration of the transferred motor vehicle are attached to the newly acquired vehicle. During this period any operator of the newly acquired vehicle shall carry an original dated copy of the bill of sale reciting the registration number to be transferred from the former vehicle to the newly acquired vehicle.

History of Section. P.L. 1972, ch. 7, § 1.

31-4-10. Temporary transfer of registration.

1. A person who transfers the ownership of a registered motor vehicle or trailer owned by him or her to another or who loses possession of it and who intends to transfer the registration of the motor vehicle or trailer to a newly acquired vehicle may, subject to other provisions of the title, operate the newly acquired motor vehicle or trailer for a period beginning from the date of transfer until five o’clock (5:00) p.m. of the second division of motor vehicles business day following the date of transfer within the period of which the transferred vehicle was registered, provided that the number plates issued upon registration of the transferred motor vehicle are attached to the newly acquired vehicle, and a true copy of the bill of sale is sent to the division of motor vehicles within twenty-four (24) hours of the transfer.
2. During these periods, any operator of a newly acquired vehicle shall carry an original copy of the bill of sale reciting the registration number to be transferred from the former vehicle to the newly acquired vehicle, the date of the sale or transfer, the make and identification number of the vehicle, and the signature and address of the seller.
3. This section shall apply only to transfer of registration between vehicles of the same type and with the same number of wheels.

History of Section. P.L. 1979, ch. 399, § 1.

31-4-11. Sale of automobiles — Required equipment.

1. No automobile shall be sold, whether new or used, by a dealer, at wholesale or retail, unless the automobile is equipped with a spare tire and a jack, both of which must be functional and operational. The provisions of this section shall not apply:
   1. To an automobile equipped with tires that without any tire air inflation permit vehicle operation for at least fifty (50) miles at speeds up to at least fifty-five (55) miles per hour; or
   2. An automobile equipped with a factory installed tire repair and inflation system.
2. A violation of this section shall constitute a misdemeanor.

History of Section. P.L. 1985, ch. 82, § 1; P.L. 1995, ch. 257, § 1; P.L. 1999, ch. 286, § 1.

31-5-1. Definitions.

1. Whenever the words “licensor” and/or “department” are used in chapters 5 and 5.1 of this title, they shall mean the “department of revenue”.
2. For the purposes of this section, an electric motorized bicycle as defined in § 31-1-3(g) is not considered a motor vehicle.

History of Section. P.L. 1950, ch. 2595, art. 7, § 13; P.L. 1953, ch. 3232, § 2; G.L. 1956, § 31-5-1 ; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1994, ch. 70, art. 21, § 4; P.L. 2002, ch. 56, § 5; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

31-5-2. Duties of department of revenue.

The department of revenue shall issue the licenses provided for in §§ 31-5-5 — 31-5-9 and § 31-5-34 . The department of revenue shall have supervision over the licenses in respect to all the provisions of §§ 31-5-1 — 31-5-20 and §§ 31-5-33 — 31-5-39 , and shall have power to make and to issue rules and regulations to fulfill the purposes of those chapters and to protect public interest. The department shall have power to set from time to time the maximum number of plates to be issued to each dealer after due investigation and after giving due consideration to the number of plates reasonably required for the operation of the business by the dealer. The department shall also have the power to define unfair practices by licensees. All the provisions of §§ 31-5-1 — 31-5-20 , and §§ 31-5-33 — 31-5-39 shall be administered by the department.

History of Section. P.L. 1950, ch. 2595, art. 7, § 1; P.L. 1953, ch. 3232, § 1; P.L. 1954, ch. 3367, § 1; G.L. 1956, § 31-5-2 ; P.L. 1964, ch. 165, § 2; P.L. 1981, ch. 135, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1994, ch. 70, art. 21, § 4; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

31-5-2.1. Motor vehicle dealers license and hearing board.

1. A board composed of a total of five (5) members, two (2) of which shall be licensed automobile dealers, one new car Rhode Island licensed automobile dealer, and one used car Rhode Island licensed automobile dealer, each to serve a three (3) year term; one active Rhode Island state police officer appointed by the superintendent of Rhode Island state police and shall serve a five (5) year term; one active employee of the Rhode Island department of revenue appointed by the director of revenue shall serve a five (5) year term, and one licensed Rhode Island attorney in good standing shall serve a seven (7) year term. The two (2) automobile dealers and attorney shall be appointed by the governor. The board shall be known as the motor vehicle dealers license and hearing board.
2. The board shall issue the license provided for in §§ 31-5-5 — 31-5-9 and § 31-5-34 . The board shall have supervision over the license with respect to all of the provisions of §§ 31-5-1 — 31-5-39 and shall have the power to promulgate rules and regulations to fulfill the purposes of this chapter and to protect the public interest. The board shall have the power to set, from time to time, the maximum number of plates to be issued to each dealer after due investigation and after considering the number of plates reasonably required for the operation of the dealers business, and shall have the power to declare and define what constitutes a licensee. The provisions of §§ 31-5-1 — 31-5-20 , and §§ 31-5-33 — 31-5-39 shall be administered by the board or by any of its duly authorized representatives.
3. The board shall have all of the same powers, duties, and responsibilities of the previous Rhode Island dealers hearing board established by the director of the department of revenue.
4. The board shall constitute an agency and shall follow the Administrative Procedure Act, chapter 35 of title 42, and its decisions are appealable to the superior court.
5. A member of the board may be removed for cause by the director of revenue after a hearing conducted by the director determining that cause exists and a written decision explaining the reason for the removal. The director’s decision of removal shall be appealable to the superior court.
6. The members of the Rhode Island dealers hearing board serving as of August 31, 1993 shall serve out their respective terms of office and will remain on the motor vehicle dealers license and hearing board until their respective terms expire and a subsequent appointment is made by the governor, or respective appointing authority. If a vacancy occurs on the board for any reason, an individual shall be appointed according to the procedures set forth in subsection (a) of this section and this individual will serve out the remainder of the unexpired term of the vacancy.
7. The director of revenue shall provide suitable office space for the board and its personnel to suit the public convenience in all proper way to facilitate the work of the board in carrying out the provisions of §§ 31-5-1 — 31-5-20 and §§ 31-5-33 — 31-5-39 .
8. Members of the board shall serve without salary, nor shall they be compensated for attendance at board meetings, however, members of the board shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The department of revenue shall provide funds to pay said expenses. Also, the department shall provide legal counsel to the board to defend and enforce the board’s decision and provide legal advice on any matters that may come before the board.
9. If any section, phrase, clause, sentence or part of this section is declared unconstitutional or otherwise invalid, that invalidity will not affect remaining portions of this section.

History of Section. P.L. 1993, ch. 139, § 1; P.L. 2000, ch. 109, § 60; P.L. 2005, ch. 117, art. 21, § 26; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

31-5-3, 31-5-4. Repealed.

History of Section. P.L. 1953, ch. 3232, § 2; P.L. 1954, ch. 3367, § 2; P.L. 1981, ch. 219, § 1; Repealed by P.L. 1991, ch. 44, art. 14, § 2, effective June 7, 1991.

31-5-5. Dealers’ license required — “Dealer” defined.

No motor vehicle dealer shall engage in business as a dealer in this state without a license for it as provided in §§ 31-5-6 — 31-5-10 . Any person, firm, or corporation who sells or acts as a broker with respect to the sale of more than four (4) vehicles in any one calendar year shall be considered a motor vehicle dealer. Any person, firm or corporation who, prior to the retail sale of a motor vehicle, converts, or otherwise assembles, installs, or affixes a body, cab or special equipment to a chassis or who adds to, subtracts from, or modifies a previously assembled or manufactured motor vehicle, shall be considered a motor vehicle dealer.

History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-5 ; P.L. 1975, ch. 292, § 1; P.L. 1981, ch. 219, § 1; P.L. 1988, ch. 177, § 1; P.L. 1991, ch. 50, § 1.

31-5-6. Application for license.

1. Application for a license shall be made in duplicate to the licensor at the time and in the form and shall contain any information as the licensor shall require, and shall be accompanied by the required fee.
2. The licensor may require in the application, or otherwise, information relating to:
   1. The applicant’s financial standing;
   2. The applicant’s business integrity;
   3. Whether the applicant has an established place of business and is engaged primarily in the business of buying and selling and servicing motor vehicles;
   4. Whether the applicant is able to properly conduct the business of a “motor vehicle dealer”; and
   5. Any other pertinent information consistent with the safeguarding of public interest in the location in which the applicant proposes to engage in business, all of which may be considered by the licensor in determining whether the grant of the application is in the public interest.

History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-6 .

31-5-7. Duration of license.

1. Application for license shall be made to the department. Licenses shall be valid, unless sooner revoked or suspended, until December 31st of each year for one year and shall be renewable on or before expiration, upon application and payment of the fee required by this chapter.
2. Commencing January 1, 2015, licenses shall be valid, unless sooner revoked or suspended, until December 31, 2017, and shall be renewable thereafter every three (3) years.

History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-7 ; P.L. 1975, ch. 68, § 1; P.L. 1986, ch. 369, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

31-5-8. License — Fee.

1. The license fee for each year shall be as follows: the fee for the license to each motor vehicle dealer shall be three hundred dollars ($300) plus a fee in like amount for each office or branch.
2. Commencing January 1, 2015, the license fee for the three-year (3) license duration shall be nine hundred dollars ($900) payable in installments of three hundred dollars ($300) per year.

History of Section. P.L. 1950, ch. 2959, art. 7, § 3; G.L. 1956, § 31-5-8 ; P.L. 1960, ch. 75, § 5; P.L. 1986, ch. 219, § 1; P.L. 1986, ch. 369, § 1; P.L. 2010, ch. 23, art. 9, § 3; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

31-5-9. Location specified — Display of license.

The licenses of dealers shall specify the location of the office or branch and must be conspicuously displayed there, and in case the location is changed, an application shall be filed with the licensor requesting the change in location and the permission of the licensor shall be necessary for the change in location.

History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-9 .

31-5-10. License required for dealers’ plates.

1. No motor vehicle dealer, unless licensed in accordance with §§ 31-5-1 — 31-5-20 , shall be permitted to register or receive or use dealers’ license plates as limited by the number approved by the department for the dealer.
2. Whenever the department revokes or suspends a dealer’s license pursuant to § 31-5-11 , or whenever a dealer’s license expires and is not renewed, the department may take possession of the licensee’s dealer’s license, dealer’s license plates, and temporary plates until said licensee is reinstated by the department.

History of Section. P.L. 1950, ch. 2595, art. 7, § 3; G.L. 1956, § 31-5-10 ; P.L. 1964, ch. 165, § 2; P.L. 1981, ch. 219, § 1; P.L. 1991, ch. 44, art. 14, § 1.

31-5-11. Grounds for denial, suspension, or revocation of license.

The department may deny an application for a license, or suspend or revoke a license after it has been granted, for the following reasons:

1. On proof of unfitness of applicant to do business as a motor vehicle dealer.
2. For any material misstatement by an applicant in an application for a license.
3. For any willful failure to comply with the provisions of this section or with any rule or regulation promulgated by the department under §§ 31-5-1 — 31-5-20 .
4. For willfully defrauding any buyer of a motor vehicle.
5. For any willful failure to perform any written agreement with any buyer of a motor vehicle.
6. For having made a fraudulent sale, transaction, or repossession.
7. For any fraudulent misrepresentation, circumvention, or concealment, through whatsoever subterfuge or device, of any of the material particulars of any sale to any buyer of a motor vehicle.
8. For knowingly permitting any salesperson to sell or exchange, or offer or attempt to sell or exchange, any motor vehicle except for the licensed motor vehicle dealer by whom he or she is employed, or to offer, transfer, or assign any sale or exchange, that he or she may have negotiated, to any other dealer.
9. For the employment of any fraudulent device, method, or process in connection with the compliance with any requirement under statutes of this state with respect to the retaking of goods under a retail installment contract and the redemption and resale of those goods.
10. For having indulged in any unconscionable practice relating to business as a motor vehicle dealer.
11. For having violated any law relating to the sale, distribution, or financing of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 7, § 4; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-11 ; P.L. 1991, ch. 44, art. 14, § 1.

31-5-12. Responsibility of licensee for acts of agents.

It shall be sufficient cause for the denial, suspension, or revocation of any license issued under this chapter, that any officer, director, partner, trustee, or agent, including independent salespersons of the licensee, has been found by the department of revenue to have engaged in any conduct, act, or omission which would be cause for refusing, suspending, or revoking a license to that party as an individual.

History of Section. P.L. 1950, ch. 2595, art. 7, § 8; G.L. 1956, § 31-5-12 ; P.L. 1986, ch. 486, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

31-5-13. Procedure for suspension or revocation of license.

No license shall be suspended or revoked, except after a hearing in accordance with the administrative procedures act, §§ 42-35-1 — 42-35-18 .

History of Section. P.L. 1950, ch. 2595, art. 7, § 6; G.L. 1956, § 31-5-13 ; P.L. 1981, ch. 219, § 1.

31-5-14. Penalties for violations by dealers.

1. Upon the complaint of the department, any person violating any of the provisions of §§ 31-5-1 — 31-5-20 , shall, upon conviction for the first offense, be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100), or by imprisonment for not less than ten (10) days nor more than thirty (30) days, or by both a fine and imprisonment. For a second or subsequent conviction, that person shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not less than thirty (30) days nor more than six (6) months, or by both a fine and imprisonment.
2. If the department shall have reason to believe that any person, firm, corporation, or association is violating the provisions of this chapter, the department may issue its order to the person, firm, corporation, or association commanding them to appear before the department, at a hearing to be held not sooner than ten (10) days nor later than twenty (20) days after issuance of the order, to show cause why the department should not issue an order to the person to cease and desist from violating the provisions of this chapter. The order to show cause may be served on any person, firm, corporation, or association named in it by any person in the same manner that a summons in a civil action may be served, or by mailing a copy of the order to the person at any address at which he or she has done business or at which he or she lives. If at the hearing the department shall be satisfied that the person is in fact violating any provision of this chapter, then the department shall order the person in writing to cease and desist from the violation. All these hearings shall be conducted in accordance with chapter 35 of title 42. If the person shall subsequently fail to comply with the order of the department, the superior court for Providence County shall have jurisdiction upon the complaint of the department to restrain and enjoin the person from violating this chapter.
3. In addition to the fines described in subsection (a) of this section, the department may impose fines on holders of any license issued by the department pursuant to this chapter of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), for violations of any of the provisions of §§ 31-5-1 — 31-5-2 0 and §§ 31-5-33 — 31-5-39 , or for violation of any rules or regulations promulgated pursuant to § 31-5-2 .

History of Section. P.L. 1950, ch. 2595, art. 7, § 5; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-14 ; P.L. 1981, ch. 219, § 1; P.L. 1986, ch. 486, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1.

31-5-15. Examination of records — Altered or reset odometers.

1. The department or its duly authorized representative may inspect the pertinent books, records, letters, and contracts of the licensee relating to any written complaint made against the licensee. If the licensee is found guilty of violating any of the provisions of §§ 31-5-1 — 31-5-20 , or any lawful order of the department, the actual cost of each of the examinations shall be paid by the licensee within thirty (30) days after demand for them by the department, and the department may maintain an action for the recovery of the cost in any court of competent jurisdiction.
2. The department finds that purchasers, when buying motor vehicles, rely heavily on the odometer reading as an index of the condition and value of the vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflection of the mileage actually traveled by the vehicle; and that an accurate indication of the mileage traveled by a motor vehicle assists the purchaser in determining its safety and reliability. For the protection of purchasers with respect to the sale of motor vehicles having altered or reset odometers, licensed motor vehicle dealers are directly responsible to their retail/wholesale customers to repurchase the motor vehicles bearing altered or reset odometers for the original selling price paid by the customer, or an amount as determined by the department.

History of Section. P.L. 1950, ch. 2595, art. 7, § 7; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-15 ; P.L. 1986, ch. 486, § 1; P.L. 1991, ch. 44, art. 14, § 1.

31-5-16. Complaint to set aside department order.

Any licensee or other person in interest being dissatisfied with the final order of the department, within twenty (20) days after the entry of that order by the department, may file a complaint in the superior court of the state of Rhode Island against the department as respondent to vacate and set aside the order on the ground that the order is unlawful and unreasonable.

History of Section. P.L. 1950, ch. 2595, art. 7, § 7; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-16 ; P.L. 1991, ch. 44, art. 14, § 1.

31-5-17. Witnesses before department — Report of findings.

The department shall have the power in hearings and trials arising under §§ 31-5-1 — 31-5-20 to determine the place where the hearing shall be held, to subpoena witnesses, to take depositions of witnesses residing without the state in the manner provided for in civil actions in courts of record, to pay witnesses the fees and the mileage for their attendance as is provided for witnesses in civil actions in courts of record, and to administer oaths. Whenever a hearing or trial shall be held before any authorized representative of the licensor, the representative shall report his or her findings in writing to the licensor which shall then make its ruling and orders.

History of Section. P.L. 1950, ch. 2595, art. 7, § 10; P.L. 1953 ch. 3232, § 1; G.L. 1956, § 31-5-17 ; P.L. 1991, ch. 44, art. 14, § 1.

31-5-17.1. Repealed.

History of Section. P.L. 1981, ch. 219, § 2; G.L. 1956, § 31-5-17.1 ; Repealed by P.L. 1986, ch. 369, § 2, effective June 24, 1986.

31-5-18. Records of transactions maintained by dealers.

Every licensee shall maintain a record in form as prescribed by the department of:

1. Every vehicle of a type subject to registration which is bought, sold, or exchanged by the licensee or received or accepted by the licensee for sale or exchange.
2. Every new or used exterior part or accessory which is bought or otherwise acquired and every motor vehicle, chassis, or motor vehicle engine which is sold or otherwise disposed of.

History of Section. P.L. 1950, ch. 2595, art. 7, § 11; P.L. 1953, ch. 3232, § 1; G.L. 1956, § 31-5-18 ; P.L. 1991, ch. 44, art. 14, § 1.

31-5-18.1. Inspection of records and premises.

All records kept in accordance with the provisions of this chapter shall be open to inspection by the department and its duly authorized representatives, by the division of motor vehicles, and by any state or municipal official or police officer during reasonable business hours.

History of Section. P.L. 1983, ch. 221, § 10; P.L. 1991, ch. 44, art. 14, § 1.

31-5-18.2. Sale of used motor vehicles — Annual reports.

Every licensed dealer shall file with the department an annual report which lists:

1. The total number of used motor vehicles sold in the previous year by the dealer; and
2. The total number of used motor vehicles sold without a warranty pursuant to chapter 5.4 of this title.
3. The licensed dealer shall specify the make, year, and sale price of each used motor vehicle sold without a warranty pursuant to chapter 5.4 of this title.

History of Section. P.L. 1985, ch. 342, § 2; P.L. 1991, ch. 44, art. 14, § 1.

31-5-18.3. Sale of all-terrain vehicles (ATV’s).

1. No motor vehicle dealer licensed under the provisions of this chapter shall sell, lease, or rent any class of all-terrain vehicle to any person under the age of sixteen (16) years.
2. Violations of this section shall be grounds for denial, suspension or revocation of the dealers license under § 31-5-11 and also be subject to the penalties provided by § 31-5-14 .

History of Section. P.L. 1993, ch. 155, § 1.

31-5-19. Sunday business permitted.

1. Motor vehicle dealers shall be permitted to have open for the conduct of business any display room or outdoor display lot where motor vehicles are exhibited on the first day of the week, commonly called Sunday, between the hours of 12:00 p.m. and 6:00 p.m.
2. “Business” as used in this section means the sale of or the attempt to sell motor vehicles. The storage alone of motor vehicles in open lots shall not be held to be displaying for sale purposes, or the use of dealer plates for transporting motor vehicles from one point to another shall not be considered to be for display or sale purposes.
3. Any person or persons, partnership, firm, or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.

History of Section. P.L. 1950, ch. 2595, art. 7, § 12; P.L. 1952, ch. 2937, § 4; G.L. 1956, § 31-5-19 ; P.L. 2007, ch. 73, art. 29, § 1.

31-5-19.1. Auction of antique and classic motor vehicles.

The provisions of § 31-5-19 shall not apply to an auction of classic motor vehicles or antique motor vehicles as defined in § 31-1-3 . A “classic motor” vehicle means a motor vehicle that is not sold in the normal course of business by a dealer and is determined to be a motor vehicle having some unique or special value as a collectible, as defined by the department. The department shall have the power to license the auctions and provide for any rules and regulations that it shall deem appropriate.

History of Section. P.L. 1990, ch. 256, § 1; P.L. 1991, ch. 44, art. 14, § 1.

31-5-20. Appropriations for dealer licensing law.

The general assembly shall annually appropriate any sum that it may deem necessary to carry out the purposes of §§ 31-5-1 — 31-5-1 9, and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of it as may be required from time to time, upon the receipt by him or her of proper authenticated vouchers.

History of Section. P.L. 1950, ch. 2595, art. 7, § 15; P.L. 1953, ch. 3232, § 2; G.L. 1956, § 31-5-20 .

31-5-21. Manufacturer’s license required.

1. No manufacturer, factory representative, or distributor shall engage in business as a manufacturer, factory representative, or distributor in this state without a license to do so as provided in § 31-5-22 .
2. For the purpose of this chapter, each division of a motor vehicle manufacturer or distributor shall be considered a separate manufacturer or distributor for purposes of licensing under this chapter. The department of revenue is empowered to obtain from the Rhode Island superior court for Providence County a restraining order temporarily, preliminarily, and permanently restraining any manufacturer, distributor, or factory representative from engaging in business within this state unless licensed.

History of Section. P.L. 1950, ch. 2595, art. 8, § 1; G.L. 1956, § 31-5-21 ; P.L. 1960, ch. 155, § 2; P.L. 1987, ch. 114, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

31-5-22. Application for license — Fee — Expiration.

1. Any person desiring to be licensed as a manufacturer, factory representative, or distributor shall apply to the department of revenue upon a form containing any information that the department shall require. The department may require with the application or, otherwise, information relating to the applicant’s solvency, his or her financial standing, or other pertinent matter commensurate with the safeguarding of the public interest, all of which may be considered by the department in determining the fitness of the applicant to engage in the business for which the applicant desires the license.
2. 1. Each application of a factory representative shall be accompanied by a fee of one hundred dollars ($100). Commencing January 1, 2015, the factory representative license fee for the three-year (3) license duration shall be three hundred dollars ($300) and shall be payable in installments of one hundred dollars ($100) per year.
   2. Each application of a manufacturer or distributor shall be accompanied by a fee of three hundred dollars ($300). Commencing January 1, 2015, the manufacturers or distributors license fee for the three-year (3) license duration shall be nine hundred dollars ($900) and shall be payable in installments of three hundred dollars ($300) per year.
3. 1. All licenses shall be granted or refused within thirty (30) days after the application is filed and shall expire, unless revoked or suspended before that time, on December 31 of the calendar year for which they are granted.
   2. Commencing January 1, 2015, licenses shall be valid, unless sooner revoked or suspended, until December 31, 2017, and shall be renewable thereafter every three (3) years.

History of Section. P.L. 1950, ch. 2595, art. 8, § 1; G.L. 1956, § 31-5-22 ; P.L. 1960, ch. 155, § 2; P.L. 1964, ch. 167, § 1; P.L. 1983, ch. 299, § 1; P.L. 1987, ch. 114, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5; P.L. 2010, ch. 23, art. 9, § 4; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

31-5-23. Grounds for denial, suspension, or revocation of license.

A license may be denied, suspended, or revoked on the following grounds:

1. Proof of unfitness of the applicant.
2. Material misstatement by the applicant in his or her application for a license.
3. Willful failure of the applicant or licensee to comply with any provision of §§ 31-5-21 — 31-5-27 , §§ 31-5.1-1 — 31-5.1-1 6, and/or any rule or regulation promulgated by the department in accordance with § 31-5.1-3 .
4. Because the applicant or licensee has indulged in any illegal act as determined by the department relating to his or her business.
5. Because the applicant or licensee has coerced or attempted to coerce any motor vehicle dealer to accept delivery of any motor vehicle or vehicles, parts, or accessories for them, or any other commodities which shall not have been ordered by the dealer.
6. Because the applicant or licensee has attempted to coerce, or has coerced, any motor vehicle dealer to enter into any agreement with the manufacturer, factory branch, distributor, or representative, as the case may be.
7. Because the applicant or licensee has unfairly or without due regard to the equities of a motor vehicle dealer, or without just provocation, threatened to cancel the franchise of the motor vehicle dealer.
8. Because the applicant or licensee has unfairly, or without due regard to the equities of a motor vehicle dealer, or without just provocation, cancelled the franchise of the motor vehicle dealer.

History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-23 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1.

31-5-24. Denial of license — Hearing.

The department may, without prior notice, deny the application for a license within thirty (30) days of its receipt by written notice to the applicant, stating the grounds for the denial. Upon request by the applicant, whose license shall have been so denied, the department shall set the time and place of a hearing upon a denial, and the department shall conduct the hearing with reasonable promptness.

History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-24 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1.

31-5-25. Hearing on suspension or revocation of license.

No license shall be suspended or revoked except after a hearing. The department of revenue shall give the licensee at least five (5) days’ written notice of the time and place of the hearing, together with the reasons for the department’s proposed action.

History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-25 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

31-5-26. Appeal from the department of revenue.

Any licensee or other person in interest being dissatisfied with an order of the department of revenue may appeal the order to the sixth division of the district court pursuant to the procedure established pursuant to § 42-35-15 .

History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-26 ; P.L. 1989, ch. 174, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 1992, ch. 453, § 9; P.L. 1999, ch. 218, art. 5, § 11; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

31-5-27. Criminal liability for violations.

Any person, being a manufacturer, distributor, or factory representative, who violates any provision of §§ 31-5-21 — 31-5-27 , or who does any act enumerated in § 31-5-23 as a ground for the denial, suspension, or revocation of a license, shall be guilty of a misdemeanor.

History of Section. P.L. 1950, ch. 2595, art. 8, § 2; G.L. 1956, § 31-5-27 ; P.L. 1989, ch. 174, § 1.

31-5-28 — 31-5-32.7. Repealed.

History of Section. P.L. 1950, ch. 2595, art. 9, §§ 1, 2; P.L. 1963, ch. 168, § 1; P.L. 1964, ch. 46, § 1; Repealed by P.L. 1967, ch. 213, § 2.

31-5-33. Rental of motor vehicles — Licenses required.

1. No person, firm, or corporation, whether resident or nonresident, shall, without securing a license, grant a franchise or license, or continue to grant a franchise or license, to any other person, firm, or corporation to use his, her, or its name, trademark, or trade name, whether registered or unregistered, in the business of renting in this state motor vehicles for transportation of persons or property.
2. No person, firm, or corporation, whether resident or nonresident, shall engage in this state in the business of renting or leasing motor vehicles to any other person, firm, or corporation without securing a license. Any person, firm, or corporation who rents or leases more than five (5) motor vehicles in any one year shall be considered to be engaged in the business of renting or leasing motor vehicles.
3. Notwithstanding the provisions of any general or public law to the contrary, the authority to issue licenses for the rental or leasing of motorized bicycles and/or motorized tricycles in the town of New Shoreham shall be vested exclusively in the town council of the town of New Shoreham, pursuant to the provisions of chapter 19.3 of this title.

History of Section. P.L. 1962, ch. 233, § 1; P.L. 1965, ch. 100, § 1; P.L. 1984 (S.S.), ch. 457, § 2; P.L. 1985, ch. 442, § 1.

31-5-34. Application for license — Fee — Expiration.

1. 1. Any person, firm, or corporation requiring a license pursuant to this chapter shall apply to the department upon a form specifying any information that the department shall require. The department may require with an application, or otherwise, information relating to the applicant’s solvency, his or her or its financial standing, or any other matter that the department may deem pertinent to safeguard the public interest, all of which may be considered by the department in determining the fitness of the applicant to be licensed pursuant to this chapter. Each application shall be accompanied by a fee of one hundred dollars ($100). All licenses shall be granted or refused within thirty (30) days after the application, and shall expire, unless sooner revoked or suspended, on December 31 of the calendar year for which they are granted.
   2. Commencing January 1, 2015, licenses shall be valid, unless sooner revoked or suspended, until December 31, 2017, and shall be renewable thereafter every three (3) years. Commencing January 1, 2015, the license fee for the three-year (3) license duration shall be three hundred dollars ($300) and shall be payable in installments of one hundred dollars ($100) per year.
2. Notwithstanding the provisions of any general or public law to the contrary, the authority to issue licenses for the rental or leasing of motorized bicycles and/or motorized tricycles in the town of New Shoreham shall be vested exclusively in the town council of the town of New Shoreham pursuant to the provisions of chapter 19.3 of title 31.

History of Section. P.L. 1962, ch. 233, § 1; P.L. 1984, ch. 207, § 1; P.L. 1984 (S.S.), ch. 457, § 2; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2014, ch. 356, § 1; P.L. 2014, ch. 409, § 1.

31-5-35. Grounds for denial, suspension, or revocation of license.

A license provided for pursuant to this chapter may be denied, suspended, or revoked on any of the following grounds:

1. Proof of unfitness of applicant.
2. Material misstatement of applicant in the application for a license.
3. Because the applicant or licensee, or any subsidiary or any corporation owned or controlled by the applicant or licensee, has unfairly or without just provocation or cause cancelled or threatened to cancel the franchise or license of an existing or prior holder to use his, her, or its name, trademark, or trade name.

History of Section. P.L. 1962, ch. 233, § 1.

31-5-36. Denial of license — Hearing.

The department may, without prior notice, deny an application for a license within thirty (30) days of the receipt of an application, by written notice to the applicant stating the grounds for the denial. Upon a request by an applicant who is so denied a license, the department shall set the time and place of a hearing upon the denial and the department shall conduct the hearing with reasonable promptness.

History of Section. P.L. 1962, ch. 233, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1.

31-5-37. Hearing on suspension or revocation of license.

No license shall be suspended or revoked except after a hearing. The department shall give the licensee at least five (5) days written notice of the time and place of the hearing, together with a statement of the grounds for the proposed action.

History of Section. P.L. 1962, ch. 233, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1.

31-5-38. Certiorari from the department.

Any licensee or other person in interest being dissatisfied with an order of the department of revenue may file a petition for certiorari in the supreme court.

History of Section. P.L. 1962, ch. 233, § 1; P.L. 1989, ch. 334, § 1; P.L. 1991, ch. 44, art. 14, § 1; P.L. 2008, ch. 98, § 5; P.L. 2008, ch. 145, § 5.

31-5-39. Criminal liability for violations.

Any person, firm, or corporation who violates the provisions of § 31-5-33 shall be guilty of a misdemeanor.

History of Section. P.L. 1962, ch. 233, § 1.

31-5.1-1. Definitions.

The following words and phrases, for the purposes of this chapter, have the following meanings:

1. “Designated family member” means the spouse, child, grandchild, parent, brother, or sister of the owner of a new motor vehicle dealership who, in the case of the owner’s death, is entitled to inherit the ownership interest in the new motor vehicle dealership under the terms of the owner’s will, or who has been nominated in any other written instrument, or who, in the case of an incapacitated owner of a new motor vehicle dealership, has been appointed by a court as the legal representative of the new motor vehicle dealer’s property.
2. “Distributor” means any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new motor vehicle to new motor vehicle dealers, who maintains factory representatives or who controls any person, firm, association, corporation or trust, resident or nonresident, who in whole or in part offers for sale, sells or distributes any new motor vehicle to new motor vehicle dealers.
3. “Established place of business” means a permanent, commercial building located within this state, easily accessible and open to the public at all reasonable times, and at which the business of a new motor vehicle dealer, including the display and repair of vehicles, may be lawfully carried on in accordance with the terms of all applicable building codes, zoning, and other land-use regulatory ordinances.
4. “Factory branch” means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, vehicles to a distributor or new motor vehicle dealer, or for directing or supervising in whole or in part factory or distributor representatives.
5. “Franchise” means the agreement or contract between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer which purports to fix the legal rights and liabilities of the parties to that agreement or contract, and pursuant to which the dealer purchases and resells the franchise product or leases or rents the dealership premises.
6. “Fraud” includes, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; and an intentional failure to disclose a material fact.
7. “Good faith” means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in § 6A-2-103(1)(b).
8. “Manufacturer” means any person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new motor vehicles, or imports for distribution through distributors of motor vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, which is controlled by the manufacturer.
9. “Motor vehicle” means every vehicle intended primarily for use and operation on the public highways which is self-propelled, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products.
10. “New motor vehicle” means a vehicle which has been sold to a new motor vehicle dealer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. The term “motor vehicle” also includes any engine, transmission, or rear axle, regardless of whether it is attached to a vehicle chassis, that is manufactured for installation in any motor-driven vehicle with a gross vehicle weight rating of more than sixteen thousand (16,000) pounds that is required to be registered.
11. “New motor vehicle dealer” means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who holds, or held at the time a cause of action under this chapter accrued, a valid sales and service agreement, franchise, or contract, granted by the manufacturer or distributor for the retail sale of that manufacturer’s or distributor’s new motor vehicles.
12. “Person” means a natural person, corporation, partnership, trust, or other entity, and, in case of an entity, it includes any other entity in which it has a majority interest or effectively controls, as well as the individual officers, directors, and other persons in active control of the activities of that entity.
13. “Relevant market area” means the area within a radius of twenty (20) miles around an existing dealer or the area of responsibility defined in the franchise, whichever is greater.

History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1; P.L. 2009, ch. 227, § 1; P.L. 2009, ch. 228, § 1.

31-5.1-2. Application of chapter.

Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of, or has business dealings with respect to, a motor vehicle within the state shall be subject to the provisions of this chapter and shall be subject to the jurisdiction of the courts of this state, upon service of process in accordance with the provisions of the general laws.

History of Section. P.L. 1974, ch. 292, § 1.

31-5.1-3. Unlawful acts and practices.

1. Unfair methods of competition, and unfair or deceptive acts or practices, as defined in this chapter, are declared to be unlawful.
2. In construing subsection (a) of this section, the courts may be guided by the interpretations of § 45 of the Federal Trade Commission Act (15 U.S.C. § 45), as from time to time amended.
3. The department of revenue (hereinafter in this chapter, the “department”) may make rules and regulations interpreting the provisions of subsection (a) of this section. The rules and regulations shall not be inconsistent with the rules, regulations, and decisions of the Federal Trade Commission and the federal courts interpreting the provisions of the Federal Trade Commission Act (15 U.S.C. § 45), as from time to time amended.

History of Section. P.L. 1974, ch. 292, § 1; P.L. 1989, ch. 174, § 2; P.L. 1991, ch. 44, art. 14, § 3; P.L. 2008, ch. 98, § 6; P.L. 2008, ch. 145, § 6; P.L. 2009, ch. 227, § 1; P.L. 2009, ch. 228, § 1.

31-5.1-4. Violations.

1. It shall be deemed a violation of this chapter for any manufacturer or motor vehicle dealer to engage in any action that is arbitrary, in bad faith, or unconscionable and that causes damage to any of the parties involved or to the public.
2. It shall be deemed a violation of this chapter for a manufacturer, or officer, agent, or other representative of a manufacturer, to coerce, or attempt to coerce, any motor vehicle dealer:
   1. To order or accept delivery of any motor vehicle or vehicles, equipment, parts, or accessories for them, or any other commodity or commodities that the motor vehicle dealer has not voluntarily ordered.
   2. To order or accept delivery of any motor vehicle with special features, accessories, or equipment not included in the list price of that motor vehicle as publicly advertised by the manufacturer of the vehicle.
   3. To participate monetarily in an advertising campaign or contest, or to purchase any promotional materials, or training materials, showroom, or other display decorations, or materials at the expense of the new motor vehicle dealership.
   4. To enter into any agreement with the manufacturer or to do any other act prejudicial to the new motor vehicle dealer by threatening to terminate or cancel a franchise or any contractual agreement existing between the dealer and the manufacturer; except that this subdivision is not intended to preclude the manufacturer or distributor from insisting on compliance with the reasonable terms or provisions of the franchise or other contractual agreement. Notice in good faith to any new motor vehicle dealer of the new motor vehicle dealer’s violation of those terms or provisions shall not constitute a violation of the chapter.
   5. To refrain from participation in the management of, investment in, or acquisition of any other line of new motor vehicle or related products. This subdivision does not apply unless the new motor vehicle dealer maintains a reasonable line of credit for each make or line of new motor vehicles, the new motor vehicle dealer remains in compliance with any reasonable facilities requirements of the manufacturer; and no change is made in the principal management of the new motor vehicle dealer.
   6. To assent to a release, assignment, novation, waiver, or estoppel in connection with the transfer or voluntary termination of a franchise, or that would relieve any person from the liability to be imposed by this law; or to require any controversy between a new motor vehicle dealer and a manufacturer, distributor, or representative to be referred to any person other than the duly constituted courts of this state or of the United States of America, or to the department of revenue of this state, if that referral would be binding upon the new motor vehicle dealer.
   7. To order for any person any parts, accessories, equipment, machinery, tools, or any commodities.
3. It shall be deemed a violation of this chapter for a manufacturer, or officer, agent, or other representative:
   1. To refuse to deliver in reasonable quantities and within a reasonable time after receipt of the dealer’s order, to any motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new motor vehicles sold or distributed by the manufacturer, any motor vehicles covered by the franchise or contract, specifically publicly advertised by the manufacturer to be available for immediate delivery. However, the failure to deliver any motor vehicle shall not be considered a violation of this chapter if that failure is due to an act of God, work stoppage, or delay due to a strike or labor difficulty, shortage of materials, a freight embargo, or other cause over which the manufacturer, distributor, or wholesaler, its agent, shall have no control.
   2. To refuse to deliver, or otherwise deny, to any motor vehicle dealer having a franchise or contractual arrangement for the retail sale of new motor vehicles sold or distributed by the manufacturer any particular new motor vehicle model made or distributed by the manufacturer under the name of the division of the manufacturer of which the dealer is an authorized franchise.
   3. It shall be deemed a prima facie violation of this chapter for any automotive vehicle division manufacturer to require any separate franchise or contractual arrangement with any new motor vehicle dealer already a party to a franchise or contractual arrangement with that automotive vehicle division for the retail sale of any particular new motor vehicle model made or distributed by that division.
   4. To coerce, or attempt to coerce, any motor vehicle dealer to enter into any agreement with the manufacturer, or their officers, agents, or other representatives, or to do any other act prejudicial to the dealer, by threatening to cancel any franchise or any contractual agreement existing between the manufacturer and the dealer. Notice in good faith to any motor vehicle dealer of the dealer’s violation of any terms or provisions of the franchise or contractual agreement shall not constitute a violation of this chapter.
   5. To resort to or use any false or misleading advertisement in connection with his or her business as a manufacturer, an officer, agent, or other representative.
   6. To sell or lease any new motor vehicle to, or through, any new motor vehicle dealer at a lower actual price therefore than the actual price offered to any other new motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device, including, but not limited to, sales promotion plans or programs, that result in a lesser actual price. The provisions of this paragraph shall not apply to sales to a new motor vehicle dealer for resale to any unit of the United States government or to the state or any of its political subdivisions. A manufacturer may not reduce the price of a motor vehicle charged to a dealer or provide different financing terms to a dealer in exchange for the dealer’s agreement to:
      1. Maintain an exclusive sales or service facility;
      2. Build or alter a sales or service facility; or
      3. Participate in a floor plan or other financing.
   7. To sell or lease any new motor vehicle to any person, except a manufacturer’s employee, at a lower actual price than the actual price offered and charged to a new motor vehicle dealer for the same model vehicle similarly equipped or to utilize any device which results in a lesser actual price. The provisions of this paragraph shall not apply to sales to a new motor vehicle dealer for resale to any unit of the United States government, or to the state or any of its political subdivisions.
   8. To offer in connection with the sale of any new motor vehicle or vehicles, directly or indirectly, to a fleet purchaser, within or without this state, terms, discounts, refunds, or other similar types of inducements to that purchaser without making the same offer or offers available to all of its new motor vehicles dealers in this state. No manufacturer may impose or enforce any restrictions against new motor vehicle dealers in this state or their leasing, rental, or fleet divisions or subsidiaries that are not imposed or enforced against any other direct or indirect purchaser from the manufacturer. The provisions of this paragraph shall not apply to sales to a new motor vehicle dealer for resale to any unit of the United States government, or to the state or any of its political subdivisions.
   9. To use or consider the performance of a motor vehicle dealer relating to the sale of the manufacturer’s vehicles or the motor vehicle dealer’s ability to satisfy any minimum sales or market share quota or responsibility relating to the sale of the manufacturer’s new vehicles in determining:
      1. The motor vehicle dealer’s eligibility to purchase program, certified, or other used motor vehicles from the manufacturer;
      2. The volume, type, or model of program, certified, or other used motor vehicles that a motor vehicle dealer is eligible to purchase from the manufacturer;
      3. The price of any program, certified, or other used motor vehicle that the dealer is eligible to purchase from the manufacturer; or
      4. The availability or amount of any discount, credit, rebate, or sales incentive that the dealer is eligible to receive from the manufacturer for the purchase of any program, certified, or other used motor vehicle offered for sale by the manufacturer.
   10. To offer to sell or to sell parts or accessories to any new motor vehicle dealer for use in the dealer’s own business for the purpose of repairing or replacing the same parts or accessories or a comparable part or accessory, at a lower actual price than the actual price charged to any other new motor vehicle dealer for similar parts or accessories to use in the dealer’s own business. In those cases where new motor vehicle dealers operate or serve as wholesalers of parts and accessories to retail outlets, these provisions shall be construed to prevent a manufacturer, or its agents, from selling to a new motor vehicle dealer who operates and services as a wholesaler of parts and accessories, any parts and accessories that may be ordered by that new motor vehicle dealer for resale to retail outlets at a lower actual price than the actual price charged a new motor vehicle dealer who does not operate or serve as a wholesaler of parts and accessories.
   11. To prevent, or attempt to prevent, by contract or otherwise, any new motor vehicle dealer from changing the capital structure of his or her dealership or the means by which, or through which the dealer finances the operation of his or her dealership. However, the new motor vehicle dealer shall at all times meet any reasonable capital standards agreed to between the dealership and the manufacturer, provided that any change in the capital structure by the new motor vehicle dealer does not result in a change in the executive management control of the dealership.
   12. To prevent, or attempt to prevent, by contract or otherwise, any new motor vehicle dealer, or any officer, partner, or stockholder of any new motor vehicle dealer, from selling or transferring any part of the interest of any of them to any other person or persons or party or parties. Provided, however, that no dealer, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control without the consent of the manufacturer, except that the consent shall not be unreasonably withheld.
   13. To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the new motor vehicle dealer does business, on account of, or in relation to, the transactions between the dealer and that other person, unless that benefit is promptly accounted for and transmitted to the new motor vehicle dealer.
   14. To compete with a new motor vehicle dealer operating under an agreement or franchise from the manufacturer in the state of Rhode Island, through the ownership, operation, or control of any new motor vehicle dealers in this state, or by participation in the ownership, operation, or control of any new motor vehicle dealer in this state. A manufacturer shall not be deemed to be competing when operating, controlling, or owning a dealership, either temporarily for a reasonable period, but in any case not to exceed one year, which one-year (1) period may be extended for a one-time, additional period of up to six (6) months upon application to, and approval by, the motor vehicle dealers license and hearing board, which approval shall be subject to the manufacturer demonstrating the need for this extension, and with other new motor vehicle dealers of the same line or make being given notice and an opportunity to be heard in connection with said application, or in a bona fide relationship in which an independent person had made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions within a reasonable period of time.
   15. To refuse to disclose to any new motor vehicle dealer, handling the same line or make, the manner and mode of distribution of that line or make within the relevant market area.
   16. To increase prices of new motor vehicles that the new motor vehicle dealer had ordered for private retail consumers prior to the new motor vehicle dealer’s receipt of the written, official price increase notification. A sales contract signed by a private retail consumer shall constitute evidence of an order, provided that the vehicle is in fact delivered to that customer. In the event of manufacturer price reductions or cash rebates paid to the new motor vehicle dealer, the amount of any reduction or rebate received by a new motor vehicle dealer shall be passed on to the private retail consumer by the new motor vehicle dealer. Price reductions shall apply to all vehicles in the dealer’s inventory that were subject to the price reduction. Price differences applicable to new model or series motor vehicles at the time of the introduction of new models or series shall not be considered a price increase or price decrease. Price changes caused by either: (i) The addition to a motor vehicle of required or optional equipment; (ii) Revaluation of the United States dollar, in the case of foreign-make vehicles or components; or (iii) An increase in transportation charges due to increased rates imposed by common carriers, shall not be subject to the provisions of this subdivision.
   17. To release to any outside party, except under subpoena or as otherwise required by law, or in an administrative, judicial, or arbitration proceeding involving the manufacturer or new motor vehicle dealer, any business, financial, or personal information that may be, from time to time, provided by the new motor vehicle dealer to the manufacturer, without the express written consent of the new motor vehicle dealer.
   18. To unfairly discriminate among its new motor vehicle dealers with respect to warranty reimbursement, or any program that provides assistance to its dealers, including internet listings; sales leads; warranty policy adjustments; marketing programs; and dealer recognition programs.
   19. To unreasonably withhold consent to the sale, transfer, or exchange of the franchise to a qualified buyer capable of being licensed as a new motor vehicle dealer in this state.
   20. To fail to respond, in writing, to a request for consent as specified in subdivision (19) of this subsection within sixty (60) days of the receipt of a written request on the forms, if any, generally utilized by the manufacturer or distributor for those purposes and containing the information required therein. The failure to respond shall be deemed to be a consent to the request. A manufacturer may not impose a condition on the approval of a sale, transfer, or exchange of the franchise if the condition would violate the provisions of this chapter if imposed on an existing dealer.
   21. To unfairly prevent a new motor vehicle dealer from receiving fair and reasonable compensation for the value of the new motor vehicle dealership.
   22. To require that a new motor vehicle dealer execute a written franchise agreement that does not contain substantially the same provisions as the franchise agreement being offered to other new motor vehicle dealers handling the same line or make. In no instance shall the term of any franchise agreement be of a duration of less than three (3) years.
   23. To require that a new motor vehicle dealer provide exclusive facilities, personnel, or display space taking into consideration changing market conditions, or that a dealer execute a site control agreement giving a manufacturer control over the dealer’s facilities.
   24. To require that a dealer expand facilities without a guarantee of a sufficient supply of new motor vehicles to justify that expansion or to require that a dealer expand facilities to a greater degree than is necessary to sell and service the number of vehicles that the dealer sold and serviced in the most recent calendar year.
   25. To prevent a dealer from adjusting his or her facilities to permit a relocation of office space, showroom space, and service facilities so long as the relocation is within five hundred (500) yards of the present location.
   26. To engage in any predatory practice against a new motor vehicle dealer.
   27. To prevent, prohibit, or coerce any new motor vehicle dealer from charging any consumer any fee allowed to be charged by the dealer under Rhode Island law or regulation except as related to eligible participants under a military discount program in which the dealer voluntarily participates and receives financial compensation from the manufacturer or distributor, to the extent that such a program is not offered to the general public.
4. It shall be a violation of this chapter for a manufacturer to terminate, cancel, or fail to renew the franchise of a new motor vehicle dealer except as provided in this subsection:
   1. Notwithstanding the terms, provisions, or conditions of any franchise, whether entered into before or after the enactment of this chapter or any of its provisions, or notwithstanding the terms or provisions of any waiver, whether entered into before or after the enactment of this chapter or any of its provisions, no manufacturer shall cancel, terminate, or fail to renew any franchise with a licensed new motor vehicle dealer unless the manufacturer has:
      1. Satisfied the notice requirement of this subsection;
      2. Has good cause for the cancellation, termination, or nonrenewal;
      3. Has not committed any violations set forth in subsection (b) of this section; and
      4. Has acted in good faith as defined in this chapter and has complied with all provisions of this chapter.
   2. Notwithstanding the terms, provisions, or conditions of any franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, or nonrenewal when:
      1. There is a failure by the new motor vehicle dealer to comply with a provision of the franchise, which provision is both reasonable and of material significance to the franchise relationship, provided that the dealer has been notified, in writing, of the failure within one hundred eighty (180) days after the manufacturer first acquired knowledge of that failure;
      2. If the failure by the new motor vehicle dealer, as provided in paragraph (i) of this subdivision, relates to the performance of the new motor vehicle dealer in sales or service, then good cause shall be defined as the failure of the new motor vehicle dealer to comply with reasonable performance criteria established by the manufacturer if the new motor vehicle dealer was apprised by the manufacturer, in writing, of that failure; and:
         1. The notification stated that notice was provided of failure of performance pursuant to paragraph (i) of this subdivision;
         2. The new motor vehicle dealer was afforded a reasonable opportunity, for a period of not less than six (6) months, to comply with those criteria; and
         3. The new motor vehicle dealer did not demonstrate substantial progress towards compliance with the manufacturer’s performance criteria during that period.
   3. The manufacturer shall have the burden of proof for showing that the notice requirements have been complied with; that there was good cause for the franchise termination; cancellation or nonrenewal; and that the manufacturer has acted in good faith.
      1. Notwithstanding the terms, provisions, or conditions of any franchise, prior to the termination, cancellation, or nonrenewal of any franchise, the manufacturer shall furnish notification of the termination, cancellation, or nonrenewal to the new motor vehicle dealer as follows:
         1. In the manner described in paragraph (ii) of this subdivision; and
         2. Not fewer than ninety (90) days prior to the effective date of the termination, cancellation, or nonrenewal; or
         3. Not fewer than fifteen (15) days prior to the effective date of the termination, cancellation, or nonrenewal for any of the following reasons:
            1. Insolvency of the new motor vehicle dealer, or the filing of any petition by, or against, the new motor vehicle dealer under any bankruptcy or receivership law;
            2. Failure of the new motor vehicle dealer to conduct his customary sales and service operations during his or her customary business hours for seven (7) consecutive business days;
            3. Final conviction of the new motor vehicle dealer, or any owner or operator of the dealership, of a crime which is associated with or related to, the operation of the dealership;
            4. Revocation of any license that the new motor vehicle dealer is required to have to operate a dealership; or
         4. Not fewer than one hundred eighty (180) days prior to the effective date of the termination or cancellation where the manufacturer or distributor is discontinuing the sale of the product line.
      2. Notification under this subsection shall be in writing, shall be by certified mail or personally delivered to the new motor vehicle dealer, and shall contain:
         1. A statement of intention to terminate, cancel, or not to renew the franchise;
         2. A statement of the reasons for the termination, cancellation, or nonrenewal; and
         3. The date on which the termination, cancellation, or nonrenewal shall take effect.
      3. Upon the involuntary or voluntary termination, nonrenewal, or cancellation of any franchise, by either the manufacturer or the new motor vehicle dealer, notwithstanding the terms of any franchise whether entered into before or after the enactment of this chapter or any of its provisions, the new motor vehicle dealer shall be allowed fair and reasonable compensation by the manufacturer for the following:
         1. The new motor vehicle dealer’s cost, less allowances paid by the manufacturer, of each new, undamaged, unsold, and unaltered, except for dealer-installed, manufacturer-authorized accessories, motor vehicle, regardless of model year purchased from the manufacturer or another dealer of the same line or make in the ordinary course of business within twenty-four (24) months of termination, having five hundred (500) or fewer miles recorded on the odometer that is in the new motor vehicle dealer’s inventory at the time of termination, nonrenewal, or cancellation.
         2. The new motor vehicle dealer’s cost of each new, unused, undamaged, and unsold part or accessory that is in the current parts catalogue, or is identical to a part or accessory in the current parts catalogue except for the number assigned to the part or accessory due to a change in the number after the purchase of the part or accessory, and that is still in the original, resalable merchandising package and in an unbroken lot, except that, in the case of sheet metal, a comparable substitute for the original package may be used.
         3. The fair market value of each undamaged sign, normal wear and tear excepted, owned by the dealer that bears a trademark or trade name used or claimed by the manufacturer that was purchased as a requirement of the manufacturer.
         4. The fair market value of all special tools, and automotive services equipment owned by the dealer that: (I) Were recommended in writing and designated as special tools and equipment; (II) Were purchased as a requirement of the manufacturer; and (III) Are in usable and good condition except for reasonable wear and tear.
         5. The cost of transporting, handling, packing, storing, and loading any property that is subject to repurchase under this section.
         6. The payments above are due within sixty (60) days from the date the dealer submits an accounting to the manufacturer of the vehicle inventory subject to repurchase, and for other items within sixty (60) days from the date the dealer submits an accounting of the other items subject to repurchase, provided, the new motor vehicle dealer has clear title (or will have clear title upon using the repurchase funds to obtain clear title) to the inventory and other items and is in a position to convey that title to the manufacturer. If the inventory or other items are subject to a security interest, the manufacturer, wholesaler, or franchisor may make payment jointly to the dealer and the holder of the security interest. In no event shall the payments be made later than ninety (90) days of the effective date of the termination, cancellation, or nonrenewal.
      4. In the event the termination, cancellation, or nonrenewal is involuntary and not pursuant to subsection (3)(i)(C) of this section and:
         1. The new motor vehicle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the rent for the unexpired term of the lease or (2) two year’s rent, whichever is less; or
         2. If the new motor vehicle dealer owns the facilities, the manufacturer shall pay the new motor vehicle dealer a sum equivalent to the reasonable rental value of the facilities for two (2) years; if:
            1. The new motor vehicle dealer is unable to reasonably utilize the facilities for another purpose;
            2. The new motor vehicle dealer, or the manufacturer acting as its agent, is unable to make arrangements for the cancellation or assumption of its lease obligations by another party in the case of leased facilities, or is unable to sell dealer-owned facilities; and
            3. Only to the extent those facilities were required as a condition of the franchise and used to conduct sales and service operations related to the franchise product.
      5. In addition to any injunctive relief and any other damages allowable by this chapter, if the manufacturer is discontinuing the product line or fails to prove that there was good cause for the termination, cancellation, or nonrenewal, or if the manufacturer fails to prove that the manufacturer acted in good faith, then the manufacturer shall pay the new motor vehicle dealer fair and reasonable compensation for the value of the dealership as an ongoing business.

         In addition to the other compensation described in paragraphs (iii) and (iv) above and in this section, the manufacturer shall also reimburse the dealer for any costs incurred for facility upgrades or alterations required by the manufacturer within two (2) years of the effective date of the termination.

      6. If a manufacturer is discontinuing the product line and thus, as a result a franchise for the sale of motor vehicles is subject to termination, cancellation, or nonrenewal, the manufacturer shall:
         1. Authorize the dealer, at the dealer’s option, that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line, to continue servicing and supplying parts (without prejudice to the right of the manufacturer to also authorize other franchised dealers to provide service and parts for a discontinued product line), including services and parts pursuant to a warranty issued by the manufacturer for any goods or services marketed by the dealer pursuant to the motor vehicle franchise for a period of not less than five (5) years from the effective date of the termination, cancellation, or nonrenewal;
         2. Continue to reimburse the dealer that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line or another franchised dealer of the manufacturer in the area for warranty parts and service in an amount, and on terms not less favorable than, those in effect prior to the termination, cancellation, or nonrenewal;
         3. The manufacturer shall continue to supply the dealer that remains a franchised dealer of the manufacturer regardless of the discontinuation of a product line or another franchised dealer of the manufacturer in the area with replacement parts for any goods or services marketed by the dealer pursuant to the franchise agreement for a period of not less than five (5) years from the effective date of the termination, cancellation, or nonrenewal, at a price, and on terms not less favorable than, those in effect prior to the termination, cancellation, or nonrenewal;
      7. The requirements of this section do not apply to a termination, cancellation, or nonrenewal due to the sale of the assets or stock of the motor vehicle dealer.

         (D) To be entitled to facilities assistance from the manufacturer as described above, the dealer shall have the obligation to mitigate damages by listing the dealership facilities for lease or sublease with a licensed real estate agent within thirty (30) days after the effective date of the termination of the franchise and thereafter be reasonably cooperating with such real estate agent in the performance of the agent’s duties and responsibilities. If the dealer is able to lease or sublease the dealership facilities on terms that are consistent with local zoning requirements to preserve the right to sell motor vehicles from the dealership facilities and the terms of the dealer’s lease, the dealer shall be obligated to pay the manufacturer the net revenue received from such mitigation, but only following receipt of facilities assistance payments pursuant to this chapter, and only up to the total amount of facilities assistance payments that the dealer has received.

5. It shall be deemed a violation of this chapter for a motor vehicle dealer:
   1. To require a purchaser of a new motor vehicle, as a condition of the sale and delivery thereof, to also purchase special features, equipment, parts, or accessories not desired or requested by the purchaser. This prohibition shall not apply as to special features, equipment, parts, or accessories that are already installed on the car before sale by the dealer.
   2. To represent and sell as a new motor vehicle any motor vehicle that is a used motor vehicle.
   3. To resort to or use any false or misleading advertisement in connection with his or her business as a motor vehicle dealer.
   4. To engage in any deception or fraudulent practice in the repair of motor vehicles.

History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1; P.L. 1983, ch. 276, § 1; P.L. 1991, ch. 44, art. 14, § 3; P.L. 1994, ch. 371, § 2; P.L. 2000, ch. 521, § 1; P.L. 2008, ch. 98, § 6; P.L. 2008, ch. 145, § 6; P.L. 2009, ch. 227, § 1; P.L. 2009, ch. 228, § 1; P.L. 2010, ch. 239, § 4; P.L. 2014, ch. 353, § 1; P.L. 2014, ch. 397, § 1; P.L. 2016, ch. 512, art. 1, § 18.

31-5.1-4.1. Dealership — Survivorship.

1. 1. Right of designated family member to succeed in dealership ownership.  Any owner of a new motor vehicle dealership may appoint by will or any other written instrument a designated family member to succeed in the ownership interest of that owner in the new motor vehicle dealership.
   2. Unless there exists good cause for refusal to honor that succession on the part of the manufacturer or distributor, any designated family member of a deceased or incapacitated owner of a new motor vehicle dealer may succeed to the ownership of the new motor vehicle dealer under the existing franchise provided that:
      1. The designated family member gives the manufacturer or distributor written notice of his or her intention to succeed to the ownership of the new motor vehicle dealer within one hundred twenty (120) days of the owner’s death or incapacity;
      2. The designated family member agrees to be bound by all the terms and conditions of the franchise; and
      3. The designated family member shall not operate the dealership unless he or she meets the then-current criteria generally applied by the manufacturer or distributor in qualifying dealer-operators.
   3. The manufacturer or distributor may request, and the designated family member shall provide, promptly upon the request, personal and financial data that is reasonably necessary to determine whether the succession should be honored.
2. Refusal to honor succession to ownership  — Notice required.
   1. If a manufacturer or distributor believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealer by a family member of a deceased or incapacitated owner of a new motor vehicle dealer under the existing franchise agreement, the manufacturer or distributor may, not more than sixty (60) days following receipt of:
      1. Notice of the designated family member’s intent to succeed to the ownership of the new motor vehicle dealer; or
      2. Any personal or financial data which it has requested, serve upon the designated family member and the department of revenue notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer no sooner than ninety (90) days from the date the notice is served.
   2. The notice must state the specific grounds for the refusal to honor the succession and of the manufacturer’s or distributor’s intent to discontinue the existing franchise with the new motor vehicle dealer no sooner than ninety (90) days from the date the notice is served.
   3. If notice of refusal and discontinuance is not timely served upon the family member, the franchise shall continue in effect subject to termination only as otherwise permitted by this chapter.
3. Written designation of succession unaffected.  This chapter does not preclude the owner of a new motor vehicle dealership from designating any person as the owner’s successor by written instrument filed with the manufacturer or distributor and, in the event there is a conflict between that written instrument and the provisions of this section, the written instrument shall govern.

History of Section. P.L. 1981, ch. 346, § 3; P.L. 1982, ch. 448, § 1; P.L. 1991, ch. 44, art. 14, § 3; P.L. 2008, ch. 98, § 6; P.L. 2008, ch. 145, § 6.

31-5.1-4.2. Establishing new dealerships and relocating existing dealerships.

1. In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealership, adding an additional location for an existing new motor vehicle dealership, or relocating an existing new motor vehicle dealership within or into a relevant market area where the same line or make is then represented, except when the corporation operating the new motor vehicle dealership contains one or more officers who were also officers of a dealership operating at the same location as the new motor vehicle dealership immediately prior to the establishment of the new motor vehicle dealership, the manufacturer shall in writing by certified mail first notify the department and each new motor vehicle dealer in the same line or make in the relevant market area of the intention to establish an additional dealership to add an additional location for an existing new motor vehicle dealership, or to relocate an existing dealership within or into that market area. Within thirty (30) days of receiving notice or within thirty (30) days after the end of any appeal procedure provided by the manufacturer, any affected new motor vehicle dealership may file with the department a protest to the establishing or relocating of the new motor vehicle dealership or adding an additional location for an existing new motor vehicle dealership. When a protest is filed, the department shall inform the manufacturer that a timely protest has been filed, and that the manufacturer shall not establish or relocate the proposed new motor vehicle dealership or add the proposed additional location for an existing new motor vehicle dealership until the department has held a hearing, nor until the department has determined that there is good cause for not permitting the new motor vehicle dealership. For the purposes of this section, the reopening in a relevant market area of a new motor vehicle dealership shall be deemed the establishment of an additional new motor vehicle dealership.
2. In determining whether good cause has been established for entering into or relocating an additional franchise for the same line or make, or adding an additional location for an existing new motor vehicle dealership, the department shall take into consideration the existing circumstances, including, but not limited to:
   1. Permanence of the investment of the existing new motor vehicle dealer(s) in the community;
   2. Whether the new motor vehicle dealers of the same line or make in that relevant market area are providing adequate consumer care for the motor vehicles of the line or make in the market area which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply of motor vehicle parts, and qualified service personnel;
   3. Whether there is reasonable evidence that after the granting of the new motor vehicle dealership, that the market would support all of the dealerships of that line or make in the relevant market area;
   4. Whether it is injurious to the public welfare for an additional new motor vehicle dealership to be established;
   5. The growth or decline in population and new motor vehicle registrations during the past five (5) years in the relevant market area;
   6. Whether the manufacturer is motivated principally by good faith to establish an additional or new motor vehicle dealer and not by non-economic considerations;
   7. Whether the manufacturer has denied its existing new motor vehicle dealers of the same line or make the opportunity for reasonable growth, market expansion, or relocation;
   8. The reasonably expected or anticipated vehicle market for the relevant market area, including demographic factors such as age of population, income, size class preference, product popularity, retail lease transactions, or other factors affecting sales to consumers in the relevant market area;
   9. Growth or decline in population, density of population, and new car registrations in the relevant market area;
   10. Distance, travel time, traffic patterns, and accessibility between the existing new dealership of the same new line make and the location of the proposed new or relocated dealership;
   11. The amount of business transacted by existing new motor vehicle dealers of the line or make when compared with the amount of business available to them;
   12. Whether the existing new motor vehicle dealers of the line or make are receiving vehicles and parts in quantities promised by the manufacturer, factory branch or distributor and on which promised quantities existing new motor vehicle dealers based their investment and scope of operations.
3. Any parties to a hearing by the department concerning the establishing or relocating of a new motor vehicle dealership or adding an additional location for an existing new motor vehicle dealership shall have a right to a review of the decision in a court of competent jurisdiction.
4. At any hearing conducted by the department under this section, the manufacturer or dealer seeking to establish an additional new motor vehicle dealership, relocate an existing new motor vehicle dealership, or add an additional location for an existing new motor vehicle dealership shall bear the burden of proof in establishing that good cause exists for it.
5. Every person, firm or corporation who prior to the retail sale of a motor vehicle, converts or otherwise assembles, installs or affixes a body, cab or special equipment to a chassis or who adds to, subtracts from or modifies a previously assembled or manufactured motor vehicle shall be required to comply with the requirements of this section.

History of Section. P.L. 1981, ch. 346, § 3; P.L. 1982, ch. 448, § 1; P.L. 1990, ch. 400, § 1; P.L. 1990, ch. 401, § 1; P.L. 1991, ch. 44, art. 14, § 3; P.L. 1991, ch. 50, § 2; P.L. 2000, ch. 428, § 1; P.L. 2000, ch. 431, § 1; P.L. 2001, ch. 27, § 1; P.L. 2001, ch. 267, § 1.

31-5.1-5. Delivery obligations.

Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. A copy of the delivery and preparation obligations of its motor vehicle dealers, and a schedule of the compensation to be paid to its motor vehicle dealers for the work and services they shall be required to perform in connection with the delivery and preparation obligations, shall be filed with the department by every motor vehicle manufacturer, and shall constitute the dealer’s only responsibility for product liability as between the dealer and the manufacturer. The compensation as set forth on the schedule shall be in accordance with §§ 6A-2-329 and 31-5.1-6 .

History of Section. P. L. 1974, ch. 292, § 1; P.L. 1982, ch. 448, § 1; P.L. 1989, ch. 174, § 2; P.L. 1991, ch. 44, art. 14, § 3.

31-5.1-6. Warranty agreement.

1. Every manufacturer shall properly fulfill any warranty agreement and adequately and fairly compensate each of its motor vehicle dealers for labor and parts. In no event shall that compensation fail to include reasonable compensation for diagnostic work, as well as repair service and labor. All claims made by motor vehicle dealers for labor and parts shall be paid in accord with the provisions of this section. Any delay in payment after approval or disapproval that is caused by conditions beyond the reasonable control of the manufacturer shall not constitute a violation of this section. Reimbursement for warranty repairs or diagnostic work shall be at the dealer retail rate in effect at the time the warranty repair or diagnostic work is performed. Compensation for parts used in warranty service shall be fair and reasonable, as determined by methods described in subsection (b). Compensation for labor used in warranty service shall be fair and reasonable, as determined by methods described in subsection (c).
2. The retail rate customarily charged by the dealer for parts shall be established by the dealer submitting to the manufacturer or distributor one hundred (100) sequential non-warranty customer-paid service repair orders that contain warranty-like parts, or sixty (60) consecutive days of non-warranty customer-paid service repair orders that contain warranty-like parts, whichever is less, covering repairs made no more than one hundred eighty (180) days before the submission and declaring the average percentage markup. The average of the markup rates shall be presumed to be fair and reasonable, however, a manufacturer or distributor may, not later than thirty (30) days after submission, rebut that presumption by reasonably substantiating that the rate is unfair and unreasonable in light of the practices of all other franchised motor vehicle dealers in the vicinity offering the same line-make vehicles. The retail rate shall go into effect thirty (30) days following the declaration, subject to audit of the submitted repair orders by the franchisor and a rebuttal of the declared rate as described above. If the declared rate is rebutted, the manufacturer or distributor shall propose an adjustment of the average percentage markup based on that rebuttal not later than thirty (30) days after submission. If the dealer does not agree with the proposed average percentage markup, the dealer may file a protest with the department not later than thirty (30) days after receipt of that proposal by the manufacturer or distributor. If the protest is filed, the department shall inform the manufacturer or distributor that a timely protest has been filed and that a hearing will be held on the protest. In any hearing held pursuant to this subsection, the manufacturer or distributor shall have the burden of proving that the rate declared by the dealer was unfair and unreasonable as described in this subsection and that the proposed adjustment of the average percentage markup is fair and reasonable pursuant to the provisions of this subsection.
3. The retail rate customarily charged by the dealer for labor may be established by submitting to the manufacturer or distributor all non-warranty customer-paid service repair orders covering repairs made during the month prior to the submission and dividing the amount of the dealer’s total labor sales by the number of total labor hours that generated those sales. The average labor rate shall be presumed to be fair and reasonable, provided a manufacturer or distributor may, not later than thirty (30) days after submission, rebut the presumption by reasonably substantiating that the rate is unfair and unreasonable in light of the practices of all other franchised motor vehicle dealers in the vicinity offering the same line-make vehicles. The average labor rate shall go into effect thirty (30) days following the declaration, subject to audit of the submitted repair orders by the franchisor and a rebuttal of the declared rate. If the declared rate is rebutted, the manufacturer or distributor shall propose an adjustment of the average labor rate based on the rebuttal not later than thirty (30) days after submission. If the dealer does not agree with the proposed average labor rate, the dealer may file a protest with the department not later than thirty (30) days after receipt of that proposal by the manufacturer or distributor. If a protest is filed, the department shall inform the manufacturer or distributor that a timely protest has been filed and that a hearing will be held on the protest. In any hearing held pursuant to this subsection, the manufacturer or distributor shall have the burden of proving that the rate declared by the dealer was unfair and unreasonable as described in this subsection and that the proposed adjustment of the average labor rate is fair and reasonable pursuant to the provisions of this subsection.
4. In calculating the retail rate customarily charged by the dealer for parts and labor, the following work shall not be included in the calculation:
   1. Repairs for manufacturer or distributor special events, specials, or promotional discounts for retail customer repairs;
   2. Parts sold at wholesale;
   3. Engine assemblies and transmission assemblies;
   4. Routine maintenance not covered under any retail customer warranty, such as fluids, filters, and belts not provided in the course of repairs;
   5. Nuts, bolts, fasteners, and similar items that do not have an individual part number;
   6. Tires; and
   7. Vehicle reconditioning.
5. If a manufacturer or distributor furnishes a part or component to a dealer at no cost, to use in performing repairs under a recall, campaign service action, or warranty repair, the manufacturer or distributor shall compensate the dealer for the part or component in the same manner as warranty parts compensation under this section by compensating the dealer the average markup on the cost for the part or component as listed in the manufacturer’s or distributor’s price schedule less the cost for the part or component.
6. A manufacturer or distributor may not require a dealer to establish the retail rate customarily charged by the dealer for parts and labor by an unduly burdensome or time-consuming method or by requiring information that is unduly burdensome or time consuming to provide, including, but not limited to, part-by-part or transaction-by-transaction calculations. A dealer may not declare an average percentage markup or average labor rate more than twice in one calendar year.
7. A manufacturer or distributor may not otherwise recover its costs from dealers within this state, including an increase in the wholesale price of a vehicle or surcharge imposed on a dealer solely intended to recover the cost of reimbursing a dealer for parts and labor pursuant to this section, provided a manufacturer or distributor shall not be prohibited from increasing prices for vehicles or parts in the normal course of business.
8. Each manufacturer or distributor shall perform all warranty obligations, include in written notices of factory recalls to owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of the defects, and compensate dealers for repairs necessitated by such recall.
9. A claim filed under this section by a dealer with a manufacturer or distributor shall be:
   1. In the manner and form prescribed by the manufacturer or distributor; and
   2. 1. Approved or disapproved within (30) days of receipt.
      2. A claim not approved or disapproved within thirty (30) days of receipt shall be deemed approved.
      3. Payment of, or credit issued on, a claim filed under this section shall be made within thirty (30) days of approval.
   3. 1. If a claim filed under this section is shown by the manufacturer or distributor to be false or unsubstantiated, the manufacturer or distributor may charge back the claim within twelve (12) months from the date the claim was paid or credit issued.
      2. A manufacturer or distributor shall not charge back a claim based solely on a motor vehicle dealer’s incidental failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim after the motor vehicle dealer properly resubmits the claim in accordance with the manufacturer’s or distributor’s submission guidelines.
      3. A dealer shall have no less than sixty (60) days from the date of notification by a manufacturer or distributor of a charge back to the dealer to resubmit a claim for payment or compensation if the claim was denied for a dealer’s incidental failure as set forth in subsection (i)(3)(ii), whether the chargeback was a direct or an indirect transaction.
      4. This subdivision does not limit the right of a manufacturer or distributor to charge back for any claim that is proven to be fraudulent.

History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1; P.L. 1995, ch. 339, § 1; P.L. 2014, ch. 353, § 1; P.L. 2014, ch. 397, § 1; P.L. 2018, ch. 127, § 1; P.L. 2018, ch. 266, § 1.

31-5.1-6.1. Obligations during recalls.

1. A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be at the dealer retail rate in effect at the time the recall repair work is performed. The dealer retail rate for parts and labor shall be at the same rates as those provided for under § 31-5.1-6 . If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by the dealer authorized to sell new vehicles of the same line-make within thirty (30) days of the manufacturer issuing the initial notice of recall and the manufacturer has issued a “Stop-Sale,” or “Do-Not-Drive,” order on the vehicle, the manufacturer shall compensate the dealer at a rate of at least one and one-half percent (1.5%) of the value of the vehicle per month, or portion of a month, while the recall or remedy parts are unavailable and the “Stop-Sale,” or “Do-Not-Drive,” order remains in effect. A “Stop-Sale” shall be defined as a notification issued by a vehicle manufacturer to its franchised dealerships stating that certain used vehicles in inventory shall not be sold or leased, at retail and/or wholesale, due to a federal safety recall for a defect or a noncompliance, or a federal or California emissions recall.
2. The value of a used vehicle shall be the average trade-in value for used vehicles as indicated in an independent, third-party guide for the year, make, model, and mileage of the recalled vehicle on the later of:
   1. The date the “Stop-Sale” or “Do-Not-Drive” order was issued; or
   2. The date the vehicle is taken in the used motor vehicle inventory.
3. This section shall apply only to used vehicles subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and regulations adopted thereunder and where a “Stop-Sale,” or “Do-Not-Drive,” order has been issued; provided, further, that this section shall apply only to new motor vehicle dealers holding used vehicles for sale that are a line-make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs. This section further shall apply only to new motor vehicle dealers holding an affected used motor vehicle for sale that was:
   1. In inventory at the time the “Stop-Sale” or “Do-Not-Drive” order was issued;
   2. Taken in the used motor vehicle inventory of the new motor vehicle dealer as a consumer trade-in incident to the purchase of a new motor vehicle before or after the “Stop-Sale” or “Do-Not-Drive” order was issued; or
   3. Properly taken in the used motor vehicle inventory of the new motor vehicle dealer as a lease return vehicle returned to the new motor vehicle dealer before or after the “Stop-Sale” or “Do-Not-Drive” order was issued in accordance with the terms of the applicable contract.
4. It shall be a violation of this section for a manufacturer to reduce the amount of compensation otherwise owed to a new motor vehicle dealer, whether through a chargeback; removal from an incentive program; reduction in amount owed under an incentive program; or any other means, because the new motor vehicle dealer has submitted a claim for reimbursement under this section, or was otherwise compensated for a vehicle subject to a recall where a “Stop-Sale,” or “Do-Not-Drive,” order has been issued.
5. All reimbursement claims made by new motor vehicle dealers pursuant to this section for recall remedies or repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a “Stop-Sale” or “Do-Not-Drive” order, shall be subject to the same limitations and requirements as a warranty reimbursement claim made under § 31-5.1-6 . Claims shall be either approved or disapproved within thirty (30) days after they are submitted to the manufacturer in the manner and on the forms the manufacturer reasonably prescribes. All claims shall be paid within thirty (30) days of approval of the claim by the manufacturer. Any claim not specifically disapproved in writing within thirty (30) days after the manufacturer receives a properly submitted claim shall be deemed to be approved. In the alternative, a manufacturer may compensate its franchised dealers under a national recall compensation program provided the compensation under the program is equal to or greater than that provided under subsection (a) of this section or the manufacturer and dealer otherwise agree.
6. Nothing in this section shall require a manufacturer to provide total compensation to a new motor vehicle dealer that would exceed the total average trade-in value of the affected used motor vehicle as determined under subsection (b) of this section.
7. Any remedy provided to a dealer under this section is exclusive and may not be combined with any other state recall compensation remedy.

History of Section. P.L. 2017, ch. 471, § 1.

31-5.1-7. Unlawful restrictions on dealerships.

It shall be unlawful directly or indirectly to impose unreasonable restrictions on the motor vehicle dealer or franchisee relative to transfer, sale, right to renew, termination, discipline, non-competition covenants, site-control (whether by sublease, collateral pledge of lease, or otherwise), right of first refusal to purchase, option to purchase, compliance with subjective standards, and assertion of legal or equitable rights.

History of Section. P.L. 1974, ch. 292, § 1.

31-5.1-8. Agreements.

The provisions of this chapter shall apply to all written or oral agreements between a manufacturer and a motor vehicle dealer including, but not limited to, the franchise offering; the franchise agreement; sales of goods, services, or advertising; leases of mortgages of real or personal property; promises to pay; security interests; pledges; insurance contracts; advertising contracts; construction or installation contracts; servicing contracts; and all other agreements in which the manufacturer, wholesaler, or distributor has any direct or indirect interest.

History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1.

31-5.1-9. Product liability indemnification.

Notwithstanding the terms of any franchise agreement, it shall be a violation of this law for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised new motor vehicle dealers against any judgment or settlement for damages including, but not limited to, court costs and reasonable attorney’s fees of the new motor vehicle dealer, arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty (express or implied), or revocation of the sale as defined in § 6A-2-608 , to the extent that the judgment or settlement related to the alleged defective or negligent manufacture, assembly, or design of new motor vehicles, parts, or accessories or any other function of the manufacturer, beyond the control of the dealer.

History of Section. P.L. 1981, ch. 346, § 3.

31-5.1-10. Free association.

Every franchisee shall have the right of free association with other franchisees for any lawful purpose.

History of Section. P.L. 1974, ch. 292, § 1.

31-5.1-11. Sales to the state.

In connection with a sale of a motor vehicle or vehicles to the state or to any political subdivision, no manufacturer, distributor or wholesaler shall offer any discounts, refunds, or any other similar type of inducement to any dealer without making the same offer or offers to all other of its dealers within the relevant market area, and if any inducements are made, the manufacturer, distributor, or wholesaler shall give simultaneous notice to all of its dealers within the relevant market area.

History of Section. P.L. 1974, ch. 292, § 1.

31-5.1-12. Enforcement.

1. The department shall enforce compliance with the provisions of this chapter. If the department deems that there has been a violation of this chapter, the department shall hold a show cause hearing for revocation or suspension of a license in accordance with the Administrative Procedures Act, chapter 35 of title 42.
2. Any person regulated by this chapter shall have his or her license to operate in this state revoked or suspended upon a finding by the department of a failure to comply with the provisions of this chapter.

History of Section. P.L. 1974, ch. 292, § 1; P.L. 1989, ch. 174, § 2; P.L. 1991, ch. 44, art. 14, § 3.

31-5.1-13. Civil remedies.

1. Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the terms or provisions of any waiver, any consumer who is injured by a violation of this chapter, or any party to a franchise who is so injured in his or her business or property by a violation of this chapter relating to that franchise, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in the superior court to enjoin further violations, and to recover the actual damages sustained by that person together with the costs of the suit, including a reasonable attorney’s fee.
2. Any motor vehicle dealer or franchisee shall have the right to civil damages; including a reasonable attorney’s fee, for any loss sustained as a result of a violation of this chapter. A final judgment, order, or decree rendered against a person in any civil, criminal, or administrative proceeding under the United States anti-trust laws, under the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., or under this chapter shall be regarded as prima facie evidence against that person subject to the conditions set forth in the United States anti-trust laws (15 U.S.C. § 16).

History of Section. P.L. 1974, ch. 292, § 1; P.L. 1981, ch. 346, § 1; P.L. 1982, ch. 448, § 1.

31-5.1-14. Contracts void.

Any contract, part of a contract, or practice under a contract in violation of any provision of this chapter shall be deemed against public policy and shall be void and unenforceable.

History of Section. P.L. 1974, ch. 292, § 1.

31-5.1-15. Limitation of action.

Actions arising out of any provision of this chapter shall be commenced within four (4) years next after the cause of action accrues. If a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of his or her cause of action by the person so entitled shall be excluded in determining the time limited for the commencement of the action. If a cause of action accrues during the pendency of any civil, criminal, or administrative proceeding against a person brought by the United States, or any of its agencies, under the anti-trust laws, the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., or any other federal act or the laws of the state related to anti-trust laws or to franchising, that action may be commenced within one year after the final disposition of that civil, criminal, or administrative proceeding.

History of Section. P.L. 1974, ch. 292, § 1.

31-5.1-16. Bill to set aside department order.

Any licensee or other person in interest, who is dissatisfied with the final order of the department, may appeal to the sixth division of the district court pursuant to the procedure established in § 42-35-15 .

History of Section. P.L. 1974, ch. 292, § 1; P.L. 1982, ch. 448, § 1; P.L. 1989, ch. 174, § 2; P.L. 1991, ch. 44, art. 14, § 3; P.L. 1992, ch. 453, § 10; P.L. 1999, ch. 218, art. 5, § 13.

31-5.1-17. Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History of Section. P.L. 1974, ch. 292, § 1.

31-5.1-18. Transportation damages.

1. Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate purchaser.
2. Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter.
3. The new motor vehicle dealer is liable for damages to new motor vehicles after delivery to the carrier only if the dealer selects the method of transportation, mode of transportation, and the carrier. In all other instances, the manufacturer is liable for carrier-related new motor vehicle damage.
4. On any new motor vehicle, any uncorrected damage or any corrected damage exceeding six percent (6%) of the manufacturer’s suggested retail price, as defined in 26 U.S.C. § 4216 and measured by retail repair costs, must be disclosed in writing prior to delivery. Damage to glass, tires, and bumpers is excluded from the six percent (6%) rule when replaced by identical manufacturer’s original equipment.
5. Repaired damage to a customer ordered new motor vehicle, not exceeding the six percent (6%) rule, shall not constitute grounds for revocation of the customer order. The customer’s right of revocation ceases upon his or her acceptance of delivery of the vehicle.
6. If damage to a vehicle exceeds the six percent (6%) rule at either the time the new motor vehicle is accepted by the new motor vehicle dealer, or whenever the risk of loss is shifted to the dealer (as defined in subsection (c)), whichever occurs first, then the dealer may reject the vehicle within a reasonable time. Should the dealer elect to repair any damage exceeding the six percent (6%) rule, full disclosure shall be made by the dealer in writing to the customer and an acknowledgment by the customer is required. If there is less than six percent (6%) damage as described in subsection (d) of this section, no disclosure is required. Pre-delivery mechanical work shall not require a disclosure.

History of Section. P.L. 1981, ch. 347, § 1.

31-5.1-19. Risk of loss.

1. If a new motor vehicle dealer determines the method of transportation, as defined in § 31-5.1-18(c) , then the risk of loss passes to the dealer upon delivery of the vehicle to the carrier.
2. In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer accepts the vehicle from the carrier.

History of Section. P.L. 1981, ch. 347, § 1.

31-5.1-20. Extent of damage liability to dealers.

1. The extent of liability to a dealer regarding repair work shall be limited to the gross charge for the repair work.
2. Dealers shall not be liable for transportation or rental costs during the time in which repairs are made.
3. In any action regarding dealers involving §§ 31-5.1-18 — 31-5.1-20 the dealer shall have the right to recover reasonable attorney’s fees and court costs upon a finding of capricious action by a litigant.
4. Where a dealer has refunded the purchase price in full on a new motor vehicle within thirty (30) days of delivery, and that vehicle is returned to the dealer free of collision, the dealer may sell the motor vehicle as new but the vehicle’s mileage must be disclosed to the buyer.

History of Section. P.L. 1981, ch. 347, § 1.

31-5.1-21. Promotional activities.

1. Upon filing of a claim, a manufacturer or distributor shall compensate a dealer for any incentive or reimbursement program sponsored by the manufacturer or distributor, under the terms of which the dealer is eligible for compensation.
2. 1. A claim filed under this section shall be:
      1. In the manner and form prescribed by the manufacturer or distributor; and
      2. Approved or disapproved within thirty (30) days of receipt.
   2. A claim not approved or disapproved within thirty (30) days of receipt shall be deemed approved.
   3. Payment of a claim filed under this section shall be made within thirty (30) days of approval.
3. 1. If a claim filed under this section is shown by the manufacturer or distributor to be false or unsubstantiated, the manufacturer or distributor may charge back the claim within one year from the date the claim was paid or credit issued or one year from the end of a manufacturer program that does not exceed one year in length, whichever is later.
      1. A manufacturer or distributor shall not charge back a claim based solely on a motor vehicle dealer’s incidental failure to comply with a specific claim processing requirement, such as a clerical error or other administrative technicality that does not put into question the legitimacy of the claim after the motor vehicle dealer properly resubmits the claim in accordance with the manufacturer’s or distributor’s submission guidelines.
      2. A dealer shall have no less than sixty (60) days from the date of notification by a manufacturer or distributor of a charge back to the dealer to resubmit a claim for payment or compensation if the claim was denied for a dealer’s incidental failure as set forth in subsection (c)(1)(ii) whether the chargeback was a direct or an indirect transaction.
   2. This paragraph does not limit the right of a manufacturer or distributor to charge back for any claim that is proven fraudulent.

History of Section. P.L. 1995, ch. 339, § 2; P.L. 2009, ch. 227, § 1; P.L. 2009, ch. 228, § 1; P.L. 2010, ch. 239, § 4; P.L. 2014, ch. 353, § 1; P.L. 2014, ch. 397, § 1.

31-5.2-1. Definitions.

The following words and phrases, for the purposes of this chapter, have the following meanings:

1. “Consumer” means a buyer, other than for purposes of resale, of a motor vehicle, any person to whom that motor vehicle is transferred for the same purposes during the duration of any express or implied warranty applicable to that motor vehicle, and any other person entitled by the terms of that warranty to enforce its obligations.
2. “Dealer” means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles.
3. “Lease price” means the aggregate of:
   1. Lessor’s actual purchase costs.
   2. Collateral charges, if applicable.
   3. Any fee paid to another to obtain the lease.
   4. Any insurance or other costs expended by the lessor for the benefit of the lessee.
   5. An amount equal to state and local sales taxes not otherwise included as collateral charges, paid by the lessor when the vehicle was initially purchased.
   6. An amount equal to five percent (5%) of the lessor’s actual purchase costs.
4. “Lessee” means any consumer who leases a motor vehicle for one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle or any consumer who leases a motor vehicle pursuant to a lease-purchase agreement.
5. “Lessee cost” means the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle.
6. “Lessor” means a person who holds title to a motor vehicle leased to a lessee under a written lease agreement or who holds the lessor’s rights under such agreement.
7. “Manufacturer” means any person, partnership, firm, association, corporation, or trust, resident or nonresident, which is engaged in the business of manufacturing or assembling new motor vehicles, or which is engaged in the business of importing new motor vehicles which are manufactured or assembled outside of the United States.
8. “Motor vehicle” or “vehicle” means: (i) an automobile, truck, motorcycle, or van having a registered gross vehicle weight of less than ten thousand pounds (10,000 lbs.), sold, leased, or replaced by a dealer or manufacturer, except that it shall not include a motorized camper as defined in § 31-1-3 ; or (ii) a municipality, municipal agency or fire district owned or leased fire department motorized apparatus which has not been significantly altered in such a manner to cause a breach of the manufacturer’s warranty.
9. “Nonconformity” means any specific or generic defect or malfunction, or any concurrent combination of such defects or malfunctions, that substantially impairs the use, market value, or safety of a motor vehicle.
10. “Term of protection” means one year or fifteen thousand (15,000) miles of use from the date of original delivery of a new motor vehicle to the consumer, whichever comes first; or, in the case of a replacement vehicle provided by a manufacturer to a consumer under this chapter, one year or fifteen thousand (15,000) miles from the date of delivery to the consumer of that replacement vehicle, whichever comes first.
11. “Motor vehicle arbitration board” means the board to be established by the department of attorney general as set forth in § 31-5.2-7.1 , which board shall replace the consumers’ council automobile dispute settlement panel.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1990, ch. 237, § 1; P.L. 1991, ch. 128, § 1; P.L. 2000, ch. 109, § 61; P.L. 2004, ch. 6, § 14; P.L. 2005, ch. 106, § 1; P.L. 2005, ch. 123, § 1; P.L. 2007, ch. 165, § 1; P.L. 2007, ch. 248, § 1.

31-5.2-2. Manufacturers’ obligation to fulfill warranties.

If a motor vehicle does not conform to any applicable express or implied warranties, including, but not limited to, the implied warranty of merchantability as defined in § 6A-2-314 and the implied warranty of fitness for a particular purpose as defined in § 6A-2-315 , and the consumer or lessee reports the nonconformity to the manufacturer of the vehicle, its agent, or its authorized dealer or lessor during the term of protection, the manufacturer, its agent, or its authorized dealer shall effect such repairs as are necessary to conform the vehicle to the warranty, notwithstanding the fact that those repairs are made after the expiration of the term.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-3. Replacement of nonconforming vehicle.

1. 1. If the manufacturer, its agent, or its authorized dealer or lessor does not conform the motor vehicle to any applicable express or implied warranty by curing any nonconformity after a reasonable number of attempts, the manufacturer shall accept return of the vehicle from the consumer or lessee and, at the consumer’s or lessee’s option, refund the full contract price or lease price of the vehicle including all credits and allowances for any trade-in vehicle, less a reasonable allowance for use, or replace it with a comparable new motor vehicle in good working order.
   2. A manufacturer replacing a motor vehicle shall have thirty (30) calendar days from the date of return of the motor vehicle under the provisions of this chapter to deliver a comparable motor vehicle. If, within that thirty (30) days, no comparable motor vehicle has been delivered, the manufacturer shall refund the full contract price or lease price less a reasonable allowance for use.
   3. 1. In instances in which a vehicle is replaced by a manufacturer under the provisions of this chapter, the manufacturer shall reimburse the consumer or lessee for any fees for the transfer of registration or any sales tax incurred by the consumer or lessee as a result of that replacement.
      2. In instances in which a vehicle which was financed by the manufacturer or its subsidiary or agent is replaced under the provisions of this chapter, the manufacturer, subsidiary, or agent shall not require the consumer or lessee to enter into any refinancing agreement with an interest rate or other financial terms which are less favorable to the consumer or lessee than those stated in the original financing agreement.
      3. In instances in which a refund is tendered under the provisions of this chapter, the manufacturer shall also reimburse the consumer or lessee for incidental costs including sales tax, registration fee, finance charges, and any cost of nonremovable options added by an authorized dealer or lessor.
      4. Whenever a vehicle is replaced or refunded under the provisions of this chapter, in instances in which towing services and rental vehicles of comparable year and size were not made available at no cost to the consumer or lessee, the manufacturer shall also reimburse the consumer or lessee for towing and reasonable rental costs that were a direct result of vehicle nonconformity.
   4. Refunds shall be made to the consumer or lessee and to the lienholder, if any, as their interests may appear.
   5. A reasonable allowance for use shall be obtained by multiplying the total contract price or lessee cost of the vehicle by a fraction having as its denominator one hundred thousand (100,000) and having as its numerator the number of miles that the vehicle traveled prior to the consumer’s first report of the nonconformity to the manufacturer, its agent, or its dealer or lessor plus the number of miles that it traveled during any subsequent period when the vehicle was not out of service by reason of repair.
   6. A consumer or lessee shall have the option of retaining the use of any vehicle returned under the provisions of this chapter until such time as the consumer or lessee has been tendered a full refund or replacement vehicle acceptable to the consumer or lessee. The use of any vehicle retained by a consumer or lessee after its return to a manufacturer under the provisions of this chapter shall, in instances in which a refund is tendered, be reflected in the above-mentioned reasonable allowance for use.
2. If applicable, refunds shall be made to the lessor and lessee as their interests may appear on the records of ownership as follows: the lessee shall receive the lessee cost and the lessor shall receive the lease price less the aggregate deposit and rental payments previously paid to the lessor for the leased vehicle. If it is determined that the lessee is entitled to a refund pursuant to this chapter, the consumer’s lease agreement with the lessor shall be terminated upon payment of the refund and no penalty for early termination shall be assessed.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1990, ch. 237, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-4. Affirmative defenses.

It shall be an affirmative defense to any claim under this section:

1. That an alleged nonconformity does not substantially impair the use, market value, or safety of the vehicle; or
2. That a nonconformity is the result of abuse, neglect, or unauthorized substantial modification or alteration of the vehicle by the consumer or lessee.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-5. Time allowed for correction of nonconformity.

1. A reasonable number of attempts shall be presumed to have been undertaken to conform a motor vehicle to any applicable express or implied warranties if:
   1. The same nonconformity has been subject to repair four (4) or more times by the manufacturer or its agents or authorized dealers or lessors within the term of protection, but the nonconformity continues to exist or the nonconformity has recurred within the term of protection, or
   2. The vehicle is out of service by reason of the repair of any nonconformity for a cumulative total of thirty (30) or more calendar days during the term of protection; provided, however, that the manufacturer shall be afforded one additional opportunity, not to exceed seven (7) calendar days, to cure any nonconformity arising during the term of protection, notwithstanding the fact that the additional opportunity to cure commences after the term of protection.
2. The additional opportunity to cure shall commence on the day the manufacturer first knows or should have known that the limits specified in subsection (a)(1) or (a)(2) have been met or exceeded. The term of protection, the thirty (30) calendar day period specified in subsection (a)(2), and the additional opportunity to cure shall be extended by any period of time during which repair services are not available to the consumer or lessee as a direct result of a war, invasion, fire, flood or other natural disaster. The term of protection, the thirty (30) calendar day period and the additional opportunity to cure shall also be extended by that period of time during which repair services are not available as a direct result of a strike. During a strike, however, the manufacturer, its agent, or its authorized dealer or lessor shall make provision for the free use of a vehicle of comparable year and size by any consumer or lessee whose vehicle is out of service by reason of repair during a strike. The burden shall be on the manufacturer to show that any event claimed as a reason for an extension under the provisions of this section was the direct cause for the failure of the manufacturer, its agent or lessor, or its authorized dealer to cure any nonconformity during the time of that event. Extensions for concurrent events shall not be cumulative.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-6. Rights and remedies cumulative.

Nothing in this chapter shall be construed to limit the rights or remedies which are otherwise available to a consumer or lessee under law.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-7. Informal dispute settlement procedures.

If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of 16 CFR Part 703, or which has been approved by the federal trade commission or by the attorney general of this state, the provisions of § 31-5.2-3 concerning refunds or replacement shall not apply to any consumer or lessee who has not first resorted to that manufacturer’s procedure or to the procedure set forth in § 31-5.2-7.1 . This section shall not apply unless the manufacturer, its agents, or its authorized dealer or lessor shall have provided the consumer or lessee with clear and conspicuous written notice of the procedure at the time of delivery of the motor vehicle. A decision resulting from an informal dispute settlement procedure shall be binding upon the manufacturer if the consumer or lessee elects to accept the decision. The manufacturer shall perform its obligations as set forth in the decision within a reasonable period of time not to exceed thirty (30) calendar days from the rendering of the decision. In no event shall a consumer or lessee who has resorted to an informal dispute settlement procedure be precluded from seeking the rights and/or remedies provided by this chapter. Any applicable statute of limitation including, but not limited to, that set forth in § 31-5.2-12 shall be tolled during the period from the initiation of a dispute settlement procedure until thirty (30) days following the rendering of a final decision in the process.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1990, ch. 250, § 2; P.L. 1995, ch. 236, § 1.

31-5.2-7.1. Procedure.

1. In addition to any settlement procedure provided for in § 31-5.2-7 , the department of the attorney general shall provide an independent arbitration procedure for the settlement of disputes between consumers or lessees and manufacturers concerning motor vehicles which do not conform to all applicable express or implied warranties. There shall be established the motor vehicle arbitration board which shall consist of five (5) members. The board shall consist of the attorney general or his or her designee, who shall serve as director, a member of the general public appointed by the attorney general, the director of the department of revenue or his or her designee, the president of the Rhode Island Automobile Dealers’ Association or his or her designee, and the administrator of the division of motor vehicles or his or her designee, only one of whom shall be directly involved in the manufacture, distribution, sale, lease, or service of any automobile product. Members shall be persons interested in consumer disputes, and shall serve without compensation.
2. An owner or lessee of any motor vehicle purchased or leased which fails to conform to the applicable express or implied warranties may either initiate a request with the department of attorney general for arbitration by the motor vehicle arbitration board or take part in the settlement procedure set forth in § 31-5.2-7 if in existence. The consumer or lessee shall set forth, on a complaint form prescribed by the department of attorney general, any information he or she deems relevant to the resolution of the dispute and shall file the complaint with a nonrefundable filing fee of twenty dollars ($20.00). The attorney general shall decide if the complaint is eligible under chapter 5.2 of this title. Upon acceptance of the complaint, the attorney general shall notify the manufacturer of the filing of a request for arbitration and shall obtain from the manufacturer, in writing on a form prescribed by the attorney general, any information the manufacturer deems relevant to the resolution of the dispute. The manufacturer shall return the form, along with a non-refundable fifty dollar ($50.00) filing fee, within twenty (20) days of receipt. The department of attorney general shall then refer the matter to the motor vehicle arbitration board created pursuant to subsection (a) of this section.
3. The motor vehicle arbitration board shall investigate, gather, and organize all information necessary for a fair and timely decision in each dispute. The board may issue subpoenas to compel the attendance of witnesses and the production of documents, papers, and records relevant to the dispute.
4. At all arbitration proceedings before the board the parties may present oral or written testimony, present witnesses and evidence relevant to the dispute, cross examine witnesses, and be represented by counsel.
5. The motor vehicle arbitration board may forward a copy of all written testimony, including all documentary evidence, to an independent technical expert, who shall review the material and be able to advise and consult with the board. An expert shall sit as a non-voting member of the board whenever oral testimony is presented. The expert shall provide advice and counsel to the board as a part of its deliberation process and shall aid the board in preparing its findings and facts.
6. The motor vehicle arbitration board shall grant the relief specified in § 31-5.2-3 of this chapter and any other relief available under the applicable warranties or the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, 88 Stat. 2183 (1975), 15 U.S.C. section 2301 et seq., as in effect on October 1, 1982, to the consumer or lessee if a reasonable number of attempts, as provided in § 31-5.2-5(1) and (2) have been undertaken to correct one or more nonconformities that substantially impair the motor vehicle. The motor vehicle arbitration board shall dismiss the dispute if it finds, after considering all the evidence presented, that the consumer or lessee is not entitled to relief under this chapter.
7. 1. The board shall, as expeditiously as possible, but not later than ninety (90) days from the date the director deems the dispute eligible for arbitration, render a fair decision based on the information gathered and disclose its findings and the reasons for it to the parties involved. The consumer or lessee shall accept or reject the decision within five (5) days of its filing.
   2. If the decision is favorable to the consumer or lessee, the manufacturer shall within thirty (30) days after the rendering of the decision, either comply with the terms of the decision if the consumer or lessee elects to accept the decision or appeal the finding to superior court. No appeal by a manufacturer shall be heard unless the petition for such appeal is filed with the clerk of the superior court within thirty (30) days of issuance of the finding of the motor vehicle arbitration board and is accompanied by a bond in a principal sum equal to the money award made by the state-certified arbitrator plus two thousand five-hundred dollars ($2,500) for anticipated attorneys’ fees, secured by cash or its equivalent, payable to the consumer. The liability of the surety of any bond filed pursuant to this section shall be limited to the indemnification of the consumer in the action. Such bond shall not limit or impair any right of recovery otherwise available pursuant to law, nor shall the amount of the bond be relevant in determining the amount of recovery to which the consumer shall be entitled. In the event that any motor vehicle arbitration board decision, resulting in an award of a refund or replacement, is upheld by the court, recovery by the consumer shall include continuing damages in the amount of twenty-five dollars ($25.00) per day for each day, subsequent to the day the motor vehicle was returned to the manufacturer pursuant to § 31-5.2-3 , that said vehicle was out of use as a direct result of any nonconformity not issuing from owner negligence, accident, vandalism or any attempt to repair or substantially modify the vehicle by a person other than the manufacturer, its agent or authorized dealer; provided, however, that the manufacturer did not make a comparable vehicle available to the consumer free of charge. In addition to any other recovery, any prevailing consumer shall be awarded reasonable attorneys’ fees and costs. If the court finds that the manufacturer did not have any reasonable basis for its appeal or that the appeal was frivolous, the court shall double the amount of the total award made to the consumer. The motor vehicle arbitration board shall contact the consumer or lessee, within ten (10) working days after the date for performance, to determine whether performance has occurred.
8. The motor vehicle arbitration board shall maintain the records of each dispute as deemed necessary, including an index of disputes by brand name and model. The motor vehicle arbitration board shall, at intervals of no more than six (6) months, compile and maintain statistics indicating the record of manufacturer compliance with arbitration decisions and the number of refunds or replacement awarded. The summary shall be a public record.
9. The motor vehicle arbitration board automobile dispute settlement procedure shall be prominently posted in the place of business of each new car dealer or lessor licensed by the department of revenue to engage in the sale or lease of that manufacturer’s new motor vehicles. The display of this public notice shall be a condition of licensure under the general laws. The board shall determine the size, type face, form and wording of the sign required by this section, which shall include the telephone number and the address to which requests for the motor vehicle arbitration board arbitration services may be sent.
10. The motor vehicle arbitration board shall adopt regulations, in accordance with the provisions of the general laws to carry out the purposes of this section. Written copies of the regulations and appropriate arbitration hearing procedures shall be provided to any person upon request.

History of Section. P.L. 1990, ch. 250, § 1; P.L. 1992, ch. 324, § 12; P.L. 1995, ch. 236, § 1; P.L. 2000, ch. 109, § 61; P.L. 2005, ch. 106, § 1; P.L. 2005, ch. 123, § 1; P.L. 2008, ch. 98, § 7; P.L. 2008, ch. 145, § 7.

31-5.2-8. Waiver of rights prohibited.

Any agreement entered into by a consumer or lessee for the purchase or lease of a new motor vehicle which waives, limits, or disclaims the rights set forth in this chapter shall be void as contrary to public policy. These rights shall inure to a subsequent transferee of the motor vehicle.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-9. Disclosure of nonconformity prior to resale.

No motor vehicle that is returned to the manufacturer under the provisions of this chapter shall be resold or re-leased in the state without clear and conspicuous written disclosure to the prospective purchaser or lessee prior to resale of the fact that it was so returned due to a nonconformity. The attorney general shall prescribe the exact form and content of the disclosure statement.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-10. Cause of action.

An aggrieved consumer or lessee may bring an action under the Rules of Civil Procedure in the superior court to enforce the provisions of this chapter.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-11. Attorney’s fees.

The court hearing a complaint brought by a consumer or lessee aggrieved by a violation of this chapter shall award reasonable attorney’s fees to a prevailing plaintiff.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-12. Commencement of action.

Any action brought pursuant to this chapter shall be commenced within three (3) years of the date of original delivery of the motor vehicle to the consumer or lessee or within two (2) years of the date on which the mileage on the motor vehicle reached fifteen thousand (15,000) miles, whichever is earlier.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1; P.L. 1995, ch. 236, § 1.

31-5.2-13. Deceptive trade practice.

A manufacturer’s failure to comply with any of the provisions of this chapter shall constitute a deceptive trade practice under the terms of chapter 13.1 of title 6. All of the public and private remedies provided for in chapter 13.1 of title 6 shall be available to enforce the provisions of this chapter.

History of Section. P.L. 1984, ch. 353, § 1; P.L. 1984, ch. 361, § 1.

31-5.2-14. Consumers’ council automobile dispute settlement panel — Motor vehicle arbitration board.

Whenever the term “consumer’s council automobile dispute settlement panel,” for the purpose of providing an independent arbitration procedure for the settlement of disputes between consumers or lessees and manufactures concerning motor vehicles which do not conform to all applicable express or implied warranties is used, the term shall mean the motor vehicle arbitration board established by the department of attorney general pursuant to § 31-5.2-7.1 .

History of Section. P.L. 2005, ch. 106, § 2; P.L. 2005, ch. 123, § 2.

31-5.3-1. Repealed.

History of Section. P.L. 1985, ch. 478, § 1; Repealed by P.L. 1987, ch. 222, § 1, effective June 25, 1987.

31-5.3-2. Deceptive trade practice.

A dealer’s failure to comply with § 31-38-1 as to the inspection of used motor vehicles, shall constitute a deceptive trade practice under the terms of chapter 13.1 of title 6. All of the public and private remedies provided for in chapter 13.1 of title 6 shall be available to enforce the provisions of this chapter.

History of Section. P.L. 1985, ch. 478, § 1; P.L. 1992, ch. 324, § 13.

31-5.4-1. Sale of used motor vehicles — Definitions.

As used in this chapter, the following words have the following meanings:

1. “Consumer” means the purchaser, other than for purposes of resale, of a used motor vehicle normally used for personal, family, or household purposes and subject to a warranty, and the spouse or child of the purchaser if the motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to the motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty;
2. “Dealer” means any person or business which sells or offers for sale a used vehicle after selling or offering for sale three (3) or more used vehicles in the previous twelve (12) month period, but does not include a bank or financial institution, a business selling a used vehicle to an employee of that business, a lessor selling a leased vehicle to that vehicle’s lessee, a family member of the lessee, or an employee of the lessee, or the state, its agencies, bureaus, boards, commissions, and authorities, and all of the political subdivisions of the state, including the agencies and authorities of any subdivision;
3. “Repair insurance” means a contract in writing for any period of time or any specific mileage to refund, repair, replace, maintain, or take other action with respect to a used motor vehicle and which is regulated by the department of business regulation;
4. “Service contract” means a contract in writing for any period of time or any specific mileage to refund, repair, replace, maintain, or take other action with respect to a used motor vehicle and provided at an extra charge beyond the price of the used motor vehicle;
5. “Used motor vehicle” means a passenger motor vehicle, excluding motorcycles, motor homes, and off-road vehicles, which has been driven more than the limited use necessary in moving or road-testing a new vehicle prior to delivery;
6. “Warranty” means any undertaking in connection with the sale by a dealer of a used motor vehicle to refund, repair, replace, maintain, or take other action with respect to the used motor vehicle and provided at no extra charge beyond the price of the used motor vehicle.

History of Section. P.L. 1985, ch. 342, § 1.

31-5.4-2. Written warranty required — Terms.

1. No dealer shall sell a used motor vehicle to a consumer without giving the consumer a written warranty which shall at minimum apply for the following terms:
   1. If the used motor vehicle has thirty-six thousand (36,000) miles or less, the warranty shall be at a minimum of sixty (60) days or three thousand (3,000) miles, whichever comes first.
   2. If the used motor vehicle has more than thirty-six thousand (36,000) miles, but not more than one hundred thousand (100,000) miles, the warranty shall be at a minimum of thirty (30) days or one thousand (1,000) miles, whichever comes first.
2. The written warranty shall require the dealer or his or her agent to repair or, at the election of the dealer, reimburse the consumer for the reasonable cost of repairing the failure of a covered part. Covered parts shall at least include the following items:
   1. Engine.  All lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings, and flywheel.
   2. Transmission.  The transmission case, internal parts, and the torque converter.
   3. Drive axle.  Front and rear drive axle housings and internal parts, axle shafts, propeller shafts, and universal joints.
   4. Brakes.  Master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings, and disc brake calipers.
   5. Radiator.
   6. Steering.  The steering gear housing and all internal parts, and the power steering pump, valve body, piston, and rack.
   7. The alternator, generator, starter, and ignition system, excluding the battery.
3. Any required repair or reimbursement shall be made by the dealer notwithstanding the fact that the warranty period has expired, provided the consumer notifies the dealer of the failure of a covered part within the specified warranty period.
4. If a new car warranty is in effect at the time of the sale of the used motor vehicle, then the warranty specified in this section shall be required only for the period of time, if any, between the expiration of the new car warranty and the period specified in subsection (a) of this section.
5. The written warranty may contain additional language excluding coverage:
   1. For a failure of a covered part caused by a lack of customary maintenance;
   2. For a failure of a covered part caused by collision, abuse, negligence, theft, vandalism, fire, or other casualty and damage from the environment (windstorm, lightning, road hazards, etc.);
   3. If the odometer has been stopped or altered so that the vehicle’s actual mileage cannot be readily determined or if any covered part has been altered so that a covered part was thereby caused to fail;
   4. For maintenance services and the parts used in connection with those services such as seals, gaskets, oil, or grease unless required in connection with the repair of a covered part;
   5. For a motor tune-up;
   6. For a failure resulting from racing or other competition;
   7. For a failure caused by towing a trailer or another vehicle unless the used motor vehicle is equipped for this as recommended by the manufacturer;
   8. If the used motor vehicle is used to carry passengers for hire;
   9. If the used motor vehicle is rented to someone else;
   10. For repair of valves and/or rings to correct low compression and/or oil consumption which are considered normal wear;
   11. To the extent otherwise permitted by law, for property damage arising or allegedly arising out of the failure of a covered part; and
   12. To the extent otherwise permitted by law, for loss of the use of the used motor vehicle, loss of time, inconvenience, commercial loss, or consequential damages.

History of Section. P.L. 1985, ch. 342, § 1.

31-5.4-3. Failure to honor warranty.

1. If the dealer or his or her agent fails to correct a malfunction or defect as required by the warranty specified in this section which substantially impairs the value of the used motor vehicle to the consumer after a reasonable period of time, the dealer shall accept the return of the used motor vehicle from the consumer and refund to the consumer the full purchase price including sales or compensating use tax, less a reasonable allowance for any damage not attributable to normal wear or usage, and an adjustment for any modifications which either increase or decrease the market value of the vehicle. In determining the purchase price to be refunded, the purchase price shall be deemed equal to the sum of the actual cash difference paid for the used motor vehicle plus, if the dealer elects to not return any vehicles traded-in by the consumer, the wholesale value of those traded-in vehicles as listed in the National Auto Dealers’ Association Used Car Guide, or any other guide that may be specified in regulations promulgated by the administrator of the division of motor vehicles, as adjusted for mileage, improvements, and any major physical or mechanical defects in the traded-in vehicle at the time of trade-in. The contract of sale for the used motor vehicle shall include conspicuous language indicating that if the consumer should be entitled to a refund pursuant to this section, the value of any vehicle traded-in by the consumer, if the dealer elects to not return it to the consumer, for purposes of determining the amount of the refund will be determined by reference to the National Auto Dealers’ Association Used Car Guide wholesale value, or any other guide that may be approved by the administrator of the division of motor vehicles, as adjusted for mileage, improvements, and any major physical or mechanical defects, rather than the value listed in the sales contract. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear on the records of ownership kept by the division of motor vehicles. If the amount to be refunded to the lienholder will be insufficient to discharge the lien, the dealer shall notify the consumer in writing by registered or certified mail that the consumer has thirty (30) days to pay the lienholder the amount which, together with the amount to be refunded by the dealer, will be sufficient to discharge the lien. The notice to the consumer shall contain conspicuous language warning the consumer that failure to pay those funds to the lienholder within thirty (30) days will terminate the dealer’s obligation to provide a refund. If the consumer fails to make the payment within thirty (30) days, the dealer shall have no further responsibility to provide a refund under this section. Alternatively, the dealer may elect to offer to replace the used motor vehicle with a comparably priced vehicle, with any adjustment in price that the parties may agree to. The consumer shall not be obligated to accept a replacement vehicle, but may instead elect to receive the refund provided under this section. It shall be an affirmative defense to any claim under this section that:
   1. The malfunction or defect does not substantially impair the used motor vehicle’s value; or
   2. The malfunction or defect is the result of abuse, neglect, or unreasonable modifications or alterations of the used motor vehicle.
2. It shall be presumed that a dealer has had a reasonable opportunity to correct a malfunction or defect in a used motor vehicle, if:
   1. The same malfunction or defect has been subject to repair three (3) or more times by the selling dealer or his or her agent within the warranty period, but the same malfunction or defect continues to exist; or
   2. The vehicle is out of service by reason of repair or malfunction or defect for a cumulative total of fifteen (15) or more days during the warranty period. That period shall not include days when the dealer is unable to complete the repair because of the unavailability of necessary repair parts. The dealer shall be required to exercise due diligence in attempting to obtain necessary repair parts. If, however, a vehicle has been out of service for a cumulative total of forty-five (45) days, even if a portion of that time is attributable to the unavailability of replacement parts, the consumer shall be entitled to the replacement or refund remedies provided in this section.
3. The term of any warranty, service contract, or repair insurance shall be extended by any time period during which the used motor vehicle is in the possession of the dealer or his or her duly authorized agent for the purpose of repairing the used motor vehicle under the terms and obligations of the warranty, service contract, or repair insurance.
4. The term of any warranty, service contract, or repair insurance, and the fifteen (15) days out-of-service period, shall be extended by any time during which repair services are not available to the consumer because of a war, invasion or strike, fire, flood, or other natural disaster.

History of Section. P.L. 1985, ch. 342, § 1.

31-5.4-4. Waiver notice.

1. Whenever any agreement is entered into by a consumer with a dealer for the purchase of a used motor vehicle which waives or disclaims the rights set forth in this chapter, the dealer shall post a notice unobstructed and conspicuously on the windshield of the vehicle to be sold. The notice shall be at least eight and one-half inches (81/2") by eleven inches (11") in size, in bold print one inch in height, and shall state, “NO WARRANTY AS TO CONDITION — SOLD AS IS”.
2. Whenever any dealer enters into an agreement with a consumer for a purchase of a motor vehicle, any waiver or disclaimer of the rights set forth in this chapter shall be printed on the bill of sale in a type size larger and of a different color than any other type on the bill of sale. The waiver shall be separately initialed by the purchaser and the dealer.
3. Nothing in this section shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
4. Notwithstanding subsection (a) of this section, this chapter shall not apply to used motor vehicles sold for less than one thousand five hundred dollars ($1,500). Further, this chapter shall not apply to the sale of classic cars registered pursuant to this title.

History of Section. P.L. 1985, ch. 342, § 1.

31-5.4-5. Arbitration and enforcement.

1. If a dealer has established or participates in an informal dispute settlement procedure which complies in all respects with the provisions of 16 CFR Part 703 the provisions of this chapter concerning refunds or replacement shall not apply to any consumer who has not first resorted to that procedure.
2. In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law.
3. In an action brought to enforce the provisions of this chapter, the court may award reasonable attorneys’ fees to a prevailing plaintiff.
4. Any action brought pursuant to this chapter shall be commenced within four (4) years of the date of original delivery of the used motor vehicle to the consumer.

History of Section. P.L. 1985, ch. 342, § 1.

31-5.4-6. Disclosure of rights.

1. The director of the department of revenue shall promulgate rules, regulations and forms to implement the notice provision in subsection (b) of this section. The forms promulgated by the director shall be used by every dealer in the sale of every automobile protected by this chapter.
2. Clear and conspicuous notice of the warranties created by this chapter of the rights pertaining to them and of the implied warranty of merchantability shall be given to the consumer in writing at the time the consumer purchases a used motor vehicle from the dealer. Each notice required by this section shall describe the procedures available to redress violations of this section and shall contain the telephone number of the department of revenue.
3. A seller’s failure to provide the buyer with the documents and forms promulgated by the director of the department of revenue pursuant to this section shall constitute prima facie evidence of bad faith and unfair and deceptive trade practice under § 6-13.1-1 . Violations of this section shall be actionable by the buyer under §§ 31-5.4-5 and 6-13.1-5.2 .

History of Section. P.L. 1993, ch. 421, § 1; P.L. 2008, ch. 98, § 8; P.L. 2008, ch. 145, § 8.

31-5.5-1. Title.

This act shall be known as the “Global Warming Index Act.”

History of Section. P.L. 2008, ch. 218, § 1.

31-5.5-2. Definitions.

For the purposes of this chapter, the following definitions shall apply:

1. “Motor Vehicle” shall mean a new passenger vehicle, new light-duty truck with a gross vehicle weight of eighty-five hundred pounds (8500 lbs) or less, or any other new vehicle determined by the commissioner to be a vehicle whose primary use is noncommercial personal transportation and which is manufactured for the model year 2010 or subsequent model year; and
2. “Motor Vehicle global warming gases” or “global warming gases” shall mean carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

History of Section. P.L. 2008, ch. 218, § 1.

31-5.5-3. Global warming index stickers.

1. No model year 2010 or subsequent model year motor vehicle shall be sold or leased in this state unless there is securely and conspicuously affixed in a clearly visible location, a label on which the manufacturer shall endorse clearly, distinctly, and legibly true and correct entries disclosing information concerning the emissions of global warming gases.
2. The label required by subsection (a) of this section shall include:
   1. A global warming index that contains quantitative information presented in a continuous, easy-to-read scale that compares the emissions of global warming gases from the vehicle with the average projected emissions of global warming gases from all vehicles of the same model year. For reference purposes, the index shall also identify the emissions of global warming gases from the vehicle model of that same model year that has the lowest emissions of global warming gases; and
   2. The use of at least one color ink in addition to black.
3. A label that complies with the requirements of the California vehicle labeling program shall be deemed to meet the requirements of this title.
4. Nothing in this section shall be construed as prohibiting a purchaser from removing the label required by this section, after such purchaser has taken possession of the vehicle.

History of Section. P.L. 2008, ch. 218, § 1.

31-6-1. Amount of registration and miscellaneous fees.

The following registration fees shall be paid to the division of motor vehicles for the registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for each year of registration:

1. For the registration of every automobile, when equipped with pneumatic tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00).
2. For the registration of every motor truck or tractor when equipped with pneumatic tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty-four dollars ($34.00).
3. For the registration of every automobile, motor truck or tractor, when equipped with pneumatic tires, the gross weight of which is:
   1. More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds (5,000 lbs.): forty dollars ($40.00);
   2. More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds (6,000 lbs.): forty-eight dollars ($48.00);
   3. More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds (7,000 lbs.): fifty-six dollars ($56.00);
   4. More than seven thousand pounds (7,000 lbs.), but not more than eight thousand pounds (8,000 lbs.): sixty-four dollars ($64.00);
   5. More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds (9,000 lbs.): seventy dollars ($70.00);
   6. More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds (10,000 lbs.): seventy-eight dollars ($78.00);
   7. More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand pounds (12,000 lbs.): one hundred six dollars ($106);
   8. More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand pounds (14,000 lbs.): one hundred twenty-four dollars ($124);
   9. More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand pounds (16,000 lbs.): one hundred forty dollars ($140);
   10. More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);
   11. More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand pounds (20,000 lbs.): one hundred seventy-six dollars ($176);
   12. More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194);
   13. More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four thousand pounds (24,000 lbs.): two hundred ten dollars ($210);
   14. More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six thousand pounds (26,000 lbs.): two hundred thirty dollars ($230);
   15. More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296);
   16. More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316);
   17. More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422);
   18. More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);
   19. More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476);
   20. More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight thousand pounds (38,000 lbs.): five hundred and two dollars ($502);
   21. More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528);
   22. More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand pounds (42,000 lbs.): five hundred and fifty-four dollars ($554);
   23. More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six thousand pounds (46,000 lbs.): six hundred and eight dollars ($608);
   24. More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand pounds (50,000 lbs.): six hundred and sixty dollars ($660);
   25. More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand pounds (54,000 lbs.): seven hundred and twelve dollars ($712);
   26. More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768);
   27. More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816);
   28. More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876);
   29. More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);
   30. More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972);
   31. Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross weight.
4. For the registration of every semi-trailer to be used with a truck-tractor, as defined in § 31-1-4(f) , shall be as follows: an annual fee of twelve dollars ($12.00) for a one-year registration; for multi-year registrations the fee of fifty dollars ($50.00) for a five-year (5) registration; and eighty dollars ($80.00) for an eight-year (8) registration. However, when in use, the weight of the resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of the original semi-trailer unit from which the gross weight of the tractor was determined. A registration certificate and registration plate shall be issued for each semi-trailer so registered. There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety (90) days before the effective date of that year’s registration, the pro rate amount, based on the unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A multi-year semi-trailer registration may be transferred to another semi-trailer subject to the provisions and fee set forth in § 31-6-11 . Thirty percent (30%) of the semi-trailer registration fee shall be retained by the division of motor vehicles to defray the costs of implementation of the international registration plan (IRP) and fleet registration section.
5. For the registration of every automobile, motor truck, or tractor, when equipped with other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents (10¢) for each one hundred pounds (100 lbs.) of gross weight.
6. For the registration of every public bus, the rates provided for motor vehicles for hire plus two dollars ($2.00) for each passenger that bus is rated to carry, the rating to be determined by the administrator of the division of motor vehicles.
7. For the registration of every motorcycle, or motor-driven cycle, thirteen dollars ($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education to assist in the payment of the cost of the motorcycle driver’s education program as enumerated in § 31-10.1-1.1 .
8. For the registration of every trailer, not including semi-trailers used with a truck-tractor as defined in § 31-1-4(d) , with a gross weight of three thousand pounds (3,000 lbs.) or less, five dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.).
9. The annual registration fee for a motor vehicle, commonly described as a boxcar and/or locomotive, and used only by La Societe Des 40 Hommes et 8 Chevaux for civic demonstration, parades, convention purposes, or social welfare work, shall be two dollars ($2.00).
10. For the registration of every motor vehicle, trailer, or semi-trailer owned by any department or agency of any city or town or district, provided the name of the city or town or district or state department or agency owning the same shall be plainly printed on two (2) sides of the vehicle, two dollars ($2.00).
11. For the registration of motor vehicles used for racing, fifteen dollars ($15.00).
12. For every duplicate registration certificate, seventeen dollars ($17.00).
13. For every certified copy of a registration certificate or application, ten dollars ($10.00).
14. For every certificate assigning a special identification number or mark as provided in § 31-3-37 , one dollar ($1.00).
15. For every replacement of number plates or additional pair of number plates, without changing the number, thirty dollars ($30.00).
16. For the registration of every farm vehicle, used in farming as provided in § 31-3-31 : ten dollars ($10.00).
17. For the registration of antique motor vehicles, five dollars ($5.00).
18. For the registration of a suburban vehicle, when used as a pleasure vehicle and the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged in subsection (1) of this section shall be applicable and when used as a commercial vehicle and the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as provided in subsection (2) of this section shall be applicable. The rates in subsection (3) of this section shall be applicable when the suburban vehicle has a gross weight of more than four thousand pounds (4,000 lbs.), regardless of the use of the vehicle.
19. For the registration of every motor bus that is used exclusively under contract with a political subdivision or school district of the state for the transportation of school children, twenty-five dollars ($25); provided that the motor bus may also be used for the transportation of persons to and from church and Sunday school services, and for the transportation of children to and from educational or recreational projects sponsored by a city or town or by any association or organization supported wholly or in part by public or private donations for charitable purposes, without the payment of additional registration fee.
20. For the registration of every motorized bicycle, ten dollars ($10.00).
21. For the registration of every motorized tricycle, ten dollars ($10.00).
22. For the replacement of number plates with a number change, twenty dollars ($20.00).
23. For the initial issuance and each reissuance of fully reflective plates, as required by §§ 31-3-10 , 31-3-32 , and 31-3-33 , an additional eight dollars ($8.00).
24. For the issuance of a trip permit under the International Registration Plan, twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour (72) trip permits for vehicles required to be registered in the International Registration Plan that have not been apportioned with the state of Rhode Island.
25. For the issuance of a hunter’s permit under the International Registration Plan, twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter’s permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered in the International Registration Plan. These permits are valid for thirty (30) days.
26. For the registration of a specially adapted motor vehicle necessary to transport a family member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed.

History of Section. P.L. 1950, ch. 2595, art. 14, § 1; P.L. 1951, ch. 2826, § 11; P.L. 1952, ch. 2937, § 7; P.L. 1953 (1st s. s.), ch. 3236, § 2; P.L. 1954, ch. 3378, § 2; G.L. 1956, § 31-6-1 ; P.L. 1958, ch. 75, § 1; P.L. 1960, ch. 62, § 1; P.L. 1960, ch. 75, § 6; P.L. 1963, ch. 96, § 1; P.L. 1964, ch. 214, § 3; P.L. 1969, ch. 174, § 1; P.L. 1975, ch. 134, § 1; P.L. 1975, ch. 213, § 1; P.L. 1976, ch. 64, § 4; P.L. 1978, ch. 377, § 3; P.L. 1981, ch. 327, § 1; P.L. 1982, ch. 86, § 1; P.L. 1984, ch. 367, § 2; P.L. 1986, ch. 167, § 1; P.L. 1988, ch. 408, § 1; P.L. 1990, ch. 13, § 2; P.L. 1993, ch. 138, art. 29, § 1; P.L. 1995, ch. 135, § 2; P.L. 1995, ch. 373, § 1; P.L. 1996, ch. 100, art. 19, § 1; P.L. 1997, ch. 30, art. 16, § 1; P.L. 1998, ch. 31, art. 22, § 1; P.L. 1998, ch. 77, § 1; P.L. 1998, ch. 137, § 1; P.L. 1998, ch. 394, § 1; P.L. 2005, ch. 117, art. 24, § 1; P.L. 2007, ch. 73, art. 7, § 10; P.L. 2010, ch. 23, art. 9, § 5; P.L. 2016, ch. 142, art. 9, § 4; P.L. 2017, ch. 302, art. 4, § 3; P.L. 2019, ch. 88, art. 7, § 3.

31-6-1.1. Repealed.

History of Section. P.L. 2016, ch. 142, art. 9, § 5; Repealed by P.L. 2017, ch. 302, art. 4, § 4, effective August 3, 2017.

31-6-2. Computation of gross weight.

For the purpose of computing fees based on gross weight, the gross weight shall, in the case of motor trucks, tractors, trailers, or semi-trailers, be the weight of the vehicle in pounds plus the weight of the maximum load to be carried. In the case of passenger motor vehicles, the gross weight shall be the weight of the vehicle plus the sum of the adult seating capacity multiplied by one hundred fifty pounds (150 lbs.).

History of Section. P.L. 1950, ch. 2595, art. 14, § 1; G.L. 1956, § 31-6-2 ; P.L. 1984, ch. 418, § 1.

31-6-3. Gross weight of tractors to be used with semi-trailers.

In computing the fees for the registration of every tractor to be used in combination with a semi-trailer, the gross weight shall include the weight of the tractor, the weight of the semi-trailer to be used with it, and the weight of the maximum load to be carried.

History of Section. P.L. 1950, ch. 2595, art. 14, § 1; G.L. 1956, § 31-6-3 ; P.L. 1969, ch. 173, § 2; P.L. 1984, ch. 418, § 1.

31-6-4. Fees payable by jitney operators in interstate commerce.

Notwithstanding any provision to the contrary contained in this chapter or in any other provision of the laws of this state, the administrator of the division of motor vehicles may issue certificates of registration and plates for all the jitneys owned or operated by any carrier of passengers for hire operating jitneys in interstate commerce in the state of Rhode Island and from every state contiguous to it, pursuant to the authority granted by the Interstate Commerce Commission, at a rate equal to the sum represented by the registration fee for a single jitney provided in § 31-6-1 , multiplied by the average number of jitneys, as determined by the administrator of the division of motor vehicles, required by the applicant to operate the maximum number of schedules provided in the published schedules of the applicant.

History of Section. P.L. 1950, ch. 2595, art. 14, § 1; P.L. 1954, ch. 3378, § 2; G.L. 1956, § 31-6-4 .

31-6-5. Reduced fees for portion of year.

1. If an application for registration of any motor vehicle, trailer, or semi-trailer shall be made in the first quarter of the year appropriate to the individual’s registration expiration, or in the second quarter or the third quarter in any year, the fee for registration shall be three-fourths (3/4), two-fourths (2/4), or one-fourth (1/4) respectively of the fee required for a full year.
2. The provisions of this section shall not apply in the case of the registration of motor vehicles used for racing, or for motor vehicles, trailers, or semi-trailers owned by any department or agency of the state of Rhode Island, or by any city, town, or district of this state.

History of Section. P.L. 1950, ch. 2595, art. 14, § 2; P.L. 1951, ch. 2826, § 12; G.L. 1956, § 31-6-5 ; P.L. 1981, ch. 327, § 1.

31-6-6. Vehicles exempt from fees.

1. No registration fee is required for the registration of motor-driven equipment owned by the following:
   1. American Legion bloodmobile;
   2. American National Red Cross or any of its chapters within this state;
   3. American Red Cross, Jamestown chapter ambulance;
   4. American Red Cross, Tiverton chapter ambulance;
   5. American Red Cross, Warwick chapter ambulances;
   6. Animal Rescue League of Southern Rhode Island truck used for rescue work;
   7. Burrillville Ambulance Corps ambulance;
   8. Burrillville American Legion Post No. 17 ambulances;
   9. Civil Air Patrol, Rhode Island wing motor vehicle equipment;
   10. East Greenwich Ambulance Association ambulances;
   11. East Greenwich American Legion Post No. 15 (incorporated February 20, 1933) ambulances;
   12. East Tiverton Volunteer Fire Department Rescue Squad of Tiverton (a non-business corporation, incorporated February 16, 1955) equipment, that motor vehicle being a rescue truck equipped with resuscitators, underwater equipment, emergency lighting units with generators, and various other devices needed to effect rescue and save lives and property under any emergency and used for this purpose only;
   13. Foster Ambulance Association ambulances;
   14. Georgiaville Volunteer Fire Company, Smithfield town ambulance;
   15. Glocester Ambulance Corps, Inc. ambulance;
   16. Hianloland Farms Fire Engine Company of West Greenwich RI, (a non-business corporation, incorporated November 15, 1940) equipment;
   17. Hope Valley Ambulance Squad, Inc., ambulances and rescue trucks;
   18. Hope Valley volunteer fire company ambulances;
   19. Hope Valley volunteer fire company crash-truck;
   20. Hospital ambulances;
   21. Johnston Hose Company No. 1 ambulance;
   22. Johnston Hose Company No. 3 ambulance;
   23. Lake Mishnock Volunteer Fire Company Rescue Squad, West Greenwich, Rhode Island;
   24. Le Baron C. Colt Memorial Ambulance, Inc. (with plates designated “car 5,” providing ambulance service to any resident of the town of Bristol, incorporated October 17, 1923, as a charitable corporation) ambulance;
   25. Narragansett Rescue Corps, Inc., ambulance;
   26. North Kingstown Ambulance Association, Inc. (incorporated July 23, 1943, as a charitable corporation) ambulance;
   27. North Providence Chamber of Commerce Ambulance Service, Inc. (incorporated March 15, 1947, as a charitable corporation) ambulance;
   28. North Smithfield Ambulance Association ambulances;
   29. North Smithfield Ambulance and Rescue Association rescue wagon and rescue boat trailer;
   30. Northern Lincoln Volunteer Ambulance Corps ambulance;
   31. Northern Rhode Island Radio Emergency Associated Citizens Teams (REACT) rescue truck and other emergency vehicles;
   32. Public health league or district nursing association in any city or town in this state;
   33. Rhode Island American Legion, (incorporated January 29, 1941) first district ambulance committee of the department ambulances;
   34. Rhode Island Association of Retarded Citizens, Northern Rhode Island Chapter motor vehicles used for the transportation of retarded citizens;
   35. Rhode Island Association of Retarded Citizens, South County Chapter motor vehicles used for the transportation of retarded children;
   36. Rhode Island Association for Retarded Children, Westerly-Chariho Chapter motor vehicles to be used for the transportation of retarded children;
   37. Rhode Island Society for the Prevention of Cruelty to Animals’ motor vehicles;
   38. Rhode Island Lions Sight Foundation, Inc., vehicle;
   39. Rhode Island state departments’ or agencies’ motor vehicles, trailers, or semi-trailers;
   40. Roy Carpenter’s beach volunteer fire department, Matunuck ambulance;
   41. Salvation Army of Providence emergency canteen vehicle;
   42. Scituate Ambulance and Rescue Corps ambulances;
   43. South County Ambulance Corps, Inc. (incorporated October 28, 1939, as a charitable corporation) ambulance;
   44. South Foster Volunteer Fire Department No. 1 ambulances;
   45. United States government motor vehicles;
   46. United States government-accredited motor vehicles owned by a representative of a foreign country;
   47. United States mail rural free delivery driver-owned vehicles. This exemption applies to the particular motor vehicle used in carrying that mail, and not to persons or concerns contracting to carry the United States mail. The words “United States mail” must be plainly printed on two (2) sides of that vehicle;
   48. Veterans of Foreign Wars bloodmobile;
   49. Veterans of Foreign Wars, Harold F. Flynn Post No. 263, Woonsocket ambulance;
   50. Volunteer ambulance or rescue corps ambulance or rescue vehicle of a city or town used in transporting sick or injured patients;
   51. Westerly Ambulance Corps boat-trailer;
   52. Westerly Ambulance Corps crash-truck; and
   53. Westerly Ambulance Corps ambulances.
2. Each owner may be required to pay the cost price of the number plates or markers required to be displayed on its vehicle.

History of Section. P.L. 1940, ch. 862, § 1; P.L. 1950, ch. 2447, § 1; P.L. 1950, ch. 2595, art. 14, § 3; P.L. 1951, ch. 2668, § 1; P.L. 1951, ch. 2681, § 1; P.L. 1952, ch. 2883, § 1; P.L. 1952, ch. 2933, § 1; P.L. 1954, ch. 3243, § 1; P.L. 1954, ch. 3326, § 1; P.L. 1955, ch. 3455, § 1; P.L. 1956, ch. 3625, § 1; P.L. 1956, ch. 3646, § 1; G.L. 1956, § 31-6-6 ; R.P.L. 1957, ch. 9, § 1; R.P.L. 1957, ch. 11, § 1; R.P.L. 1957, ch. 13, § 1; R.P.L. 1957, ch. 24, § 1; R.P.L. 1957, ch. 25, § 1; P.L. 1958, ch. 13, § 1; P.L. 1958, ch. 43, § 1; P.L. 1958, ch. 94, § 1; P.L. 1959, ch. 3, § 1; P.L. 1959, ch. 11, § 1; P.L. 1959, ch. 43, § 1; P.L. 1961, ch. 126, § 1; P.L. 1962, ch. 15, § 1; P.L. 1962, ch. 31, § 1; P.L. 1963, ch. 5, § 1; P.L. 1963, ch. 26, § 1; P.L. 1963, ch. 143, § 1; P.L. 1964, ch. 181, § 1; P.L. 1965, ch. 15, § 1; P.L. 1965, ch. 18, § 1; P.L. 1966, ch. 153, § 1; P.L. 1966, ch. 231, § 1; P.L. 1967, ch. 82, § 1; P.L. 1971, ch. 32, § 1; P.L. 1971, ch. 52, § 1; P.L. 1976, ch. 218, § 2; P.L. 1981, ch. 327, § 1; P.L. 1985, ch. 253, § 1; P.L. 1986, ch. 478, § 1; P.L. 2016, ch. 308, § 1; P.L. 2016, ch. 323, § 1.

31-6-7. Motorized wheel chairs.

Any nonprofit charitable organization shall be forever exempt from the payment of any fee for the annual registration of a certain type of motor vehicle commonly known and described as a motorized wheel chair. Any person designated, in writing, by a nonprofit charitable organization who shall operate a motorized wheel chair shall be exempt from any license requirements and fee for the operation of it.

History of Section. P.L. 1950, ch. 2595, art. 14, § 4; G.L. 1956, § 31-6-7 .

31-6-8. Disabled veterans.

1. Any veteran who has been honorably discharged from the service of the armed forces or the merchant marine of the United States in any of the wars or campaigns in which the United States has been engaged and who, while engaged in these wars or campaigns or as a result of engagement in these wars or campaigns, by reason of amputation, has lost one or both of his or her arms, hands, feet, or legs, or who, by reason of other permanent injury, has lost the use of one or both of his or her arms, hands, feet, or legs, or to whom has been granted a motor vehicle under chapter 870-2D, United States Public Laws 663, enacted 1946, 79th Congress, or has suitable documentation from the U.S. Department of Veterans Affairs to establish that the veteran:
   1. Has a combined service connected disability rating of one hundred percent (100%); or
   2. Is considered “individually unemployable” due to his or her service-connected disability, shall be exempt from the payment of any fee for the annual registration of and a license to operate that motor vehicle.
2. The administrator for the division of motor vehicles shall issue to an eligible veteran for use on an automobile, or on a commercial vehicle having a gross weight of six thousand three hundred pounds (6,300 lbs.) or less, registration plates designated “Disabled Veteran.” Upon the death of the holder of “Disabled Veteran” plates, the plates may be transferred to his or her surviving spouse for his or her lifetime or until he or she remarries. Only one set of “Disabled Veteran” plates shall be issued to an eligible veteran and only after certification of eligibility from the Veterans’ Administration or other satisfactory documentation of eligibility is presented.

History of Section. P.L. 1950, ch. 2595, art. 14, § 4; P.L. 1952, ch. 2937, § 7; G.L. 1956, § 31-6-8 ; P.L. 1993, ch. 134, § 1; P.L. 2004, ch. 537, § 1; P.L. 2018, ch. 119, § 1; P.L. 2018, ch. 224, § 1.

31-6-9. Blind veterans.

Any veteran who has been honorably discharged from service with the armed forces or the merchant marine of the United States in any of the wars, declared or undeclared, in which the United States has been engaged and who, by reason of that service, has become totally blind, shall be further exempt from the payment of any fee for the annual registration of a pleasure motor vehicle owned by the veteran and operated for his or her pleasure and convenience. The veteran shall be entitled to display on that vehicle the special registration plates as shall be issued by the division of motor vehicles.

History of Section. P.L. 1947, ch. 1844, § 1; P.L. 1952, ch. 2879, § 1; G.L. 1956, § 31-6-9 .

31-6-10. Police vehicles — Fire apparatus — Trackless trolleys.

The following vehicles shall be exempt from registration:

1. Motor-propelled fire engines and other fire apparatus. However, the division of motor vehicles shall issue a permanent registration plate and certificate for each motor-propelled fire engine or fire apparatus for its life at no fee;
2. Every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
3. Motor-propelled vehicles employed for law enforcement purposes by the several city and town police departments whether or not equipped with distinctive registration plates. A permanent registration plate and certificate shall, however, be issued for each motor-propelled police vehicle, for its life, at no fee. However, any existing police vehicle plate currently on a propelled police vehicle will pay a five dollar ($5.00) transfer fee if that plate is transferred to another police vehicle within the same police department.

History of Section. P.L. 1950, ch. 2595, art. 14, § 4; P.L. 1952, ch. 2937, § 7; G.L. 1956, § 31-6-10 ; P.L. 1996, ch. 360, § 1.

31-6-11. Transfer of registration.

The fee for transfer of registration shall be fifteen dollars ($15.00) if the vehicle to be registered is of the same fee-class as the original vehicle or less, but if the proper registration fee for the vehicle to be registered is greater than the amount of the fee paid for the original registration, the fee shall be fifteen dollars ($15.00) plus the difference in registration fees of the original vehicle and the vehicle to be registered.

History of Section. P.L. 1950, ch. 2595, art. 14, § 6; G.L. 1956, § 31-6-11 ; P.L. 1960, ch. 75, § 6; P.L. 1981, ch. 327, § 1; P.L. 1993, ch. 138, art. 29, § 1.

31-6-12. Business and special license fees.

The following fees shall be collected by the division of motor vehicles:

1. For each license to deal in motor vehicles and for each branch office of a dealer, sixty dollars ($60.00).
2. For dealer registration number plates and a dealer certificate, thirty dollars ($30.00) if the dealer operates not more than three (3) motor vehicles, trailers, or semi-trailers at any one time, and ten dollars ($10.00) plus the cost of number plates for every motor vehicle, trailer, or semi-trailer in excess of three (3) motor vehicles, trailers, or semi-trailers.
3. For bailee registration number plates and a bailee certificate, thirty dollars ($30.00) if the bailee operates not more than three (3) motor vehicles, trailers, or semi-trailers at any one time, and ten dollars ($10.00) plus the cost of number plates for every motor vehicle, trailer, or semi-trailer in excess of three (3) motor vehicles, trailers, or semi-trailers.
4. For each manufacturer, factory branch, or factory representative license, five dollars ($5.00).
5. For each wrecker’s license, sixty dollars ($60.00).
6. For in-transit number plates and certificates, thirty dollars ($30.00) if the owner operates or moves not more than three (3) pieces of mobile equipment at any one time, and ten dollars ($10.00) plus the cost of number plates for every piece of mobile equipment in excess of three (3) pieces of mobile equipment.
7. For special use identification tags and special use certificates, ten dollars ($10.00).
8. For transporter registration number plates and a transporter certificate, thirty dollars ($30.00) if the transporter operates not more than three (3) motor vehicles, trailers, or semi-trailers at any one time, and ten dollars ($10.00) plus the cost of number plates for every motor vehicle, trailer, or semi-trailer in excess of three (3) motor vehicles, trailers or semi-trailers.

History of Section. P.L. 1950, ch. 2595, art. 14, § 5; G.L. 1956, § 31-6-12 ; P.L. 1959, ch. 123, § 3; P.L. 1960, ch. 33, § 2; P.L. 1960, ch. 75, § 6; P.L. 1966, ch. 187, § 6.

31-6-13. Disposition of fees.

All fees collected under chapters 1 — 27 of this title shall be paid into the hands of the general treasurer to be credited to the general funds of the state.

History of Section. P.L. 1950, ch. 2595, art. 14, § 8; G.L. 1956, § 31-6-13 .

31-6-14. Return of rejected or erroneously collected fees.

1. Whenever any application to the division of motor vehicles is accompanied by any fee as required by law, and the application is refused or rejected, the fee shall be returned to the applicant.
2. Whenever the division of motor vehicles, through error collects any fee not required to be paid the fee shall be refunded to the person paying it upon application made within one year after the date of the payment. The one year period for refund may be extended at the discretion of the administrator of the division of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 14, § 7; G.L. 1956, § 31-6-14 ; P.L. 1989, ch. 49, § 1.

31-6-15. Payment of fees by credit card. [Contingent effective date; see note.]

1. The division of motor vehicles may accept payment by credit card of all fees paid to the division of motor vehicles as provided by this chapter.
2. The division of motor vehicles shall determine which fees may be paid by credit card and the manner in which the payments may be made.

History of Section. P.L. 1993, ch. 364, § 1.

31-6.1-1. Agreement enacted.

The Bus Taxation Proration Agreement is enacted into law and entered into with all jurisdictions legally joining in the form substantially as follows:

31-6.1-2. “Administrator” defined.

As used in the agreement, with reference to this state, the term “administrator” means administrator of the division of motor vehicles.

History of Section. P.L. 1965, ch. 208, § 2.

31-6.1-3. Exemptions and changes in method of reporting.

The administrator of the division of motor vehicles shall have the power to make such exemptions from the coverage of the agreement as may be appropriate and to make such changes in methods for the reporting of any information required to be furnished to this state pursuant to the agreement as, in his or her judgment, shall be suitable. Any of those exemptions or changes shall not be contrary to the purposes set forth in article I of the agreement and shall be made in order to permit the continuance of uniformity of practice among the contracting states with respect to buses. Any exemption or change shall be made by rule or regulation and shall not be effective unless made by the same procedure required for other rules and regulations of the department.

History of Section. P.L. 1965, ch. 208, § 3.

31-6.1-4. Notice of withdrawal.

Unless otherwise provided in any statute withdrawing this state from participation in the agreement, the governor shall be the officer to give notice of withdrawal from it.

History of Section. P.L. 1965, ch. 208, § 4.

31-7-1. Right to operate on foreign registration.

1. A nonresident owner, except as otherwise provided in §§ 31-7-2 and 31-7-3 , owning any foreign vehicle of a type otherwise subject to registration pursuant to this title, may operate or permit the operation of that vehicle within this state without registering the vehicle in, or paying any fees to, this state subject to the condition that the vehicle at all times, when operated in this state, is duly registered in, and displays upon it, a valid registration card and registration plate or plates issued for that vehicle in the place of residence of that owner.
2. Any foreign vehicle(s) parked or garaged overnight in this state for more than thirty (30) days in the aggregate in any one year that is owned and/or operated by a resident of this state as defined in § 31-1-18 shall register the vehicle(s) and pay the same fee that is required with reference to like vehicle(s) owned by residents of this state. The state police and local police departments, upon observation of a foreign-registered vehicle present within the state for thirty (30) days or more shall identify the owner of the vehicle and, if a Rhode Island resident, provide a notice containing a copy of this section to the owner and to the tax assessor in the city or town in which the vehicle is located.
3. Any domiciled resident of this state who owns a vehicle that is registered in another state shall file an annual report with the administrator of the division of motor vehicles of this state and with the tax assessor of the city or town in which the domiciled resident resides, stating the make, model, year, and validation of the vehicle and the reason for registering the vehicle in the foreign state. Failure to comply with the terms of this subsection shall be subject to a civil fine of not more than five hundred dollars ($500) for every foreign vehicle. This provision shall not apply to military personnel assigned to duty outside of the state of Rhode Island and for a period of thirty (30) days after discharge.

History of Section. P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-1 ; P.L. 1982, ch. 27, § 1; P.L. 1984, ch. 437, § 1; P.L. 2014, ch. 364, § 1; P.L. 2014, ch. 403, § 1.

31-7-2. Vehicles transporting persons or property for compensation.

A nonresident owner of a foreign vehicle operated within this state for the transportation of persons or property for compensation or for the transportation of merchandise, either regularly according to a schedule or for a consecutive period exceeding thirty (30) days, shall register the vehicle and pay the same fees for it as is required for like vehicles owned by residents of this state.

History of Section. P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-2 .

31-7-3. Nonresidents carrying on business in state.

Every nonresident, including any foreign corporation carrying on business within this state and owning and regularly operating in the business any motor vehicle, trailer, or semi-trailer within this state, shall be required to register each vehicle and pay the same fees for it as is required for like vehicles owned by residents of this state.

History of Section. P.L. 1950, ch. 2595, art. 5, § 1; G.L. 1956, § 31-7-3 .

31-7-4. Reciprocity.

The provisions of § 31-7-1 shall be operative as to a nonresident owner or operator only to the extent that, under the laws of his or her residence or licensing country, state, territory, or district, like privileges are granted to motor vehicle owners resident of and registered under the laws of this state or operators licensed under the laws of this state. The division of motor vehicles shall finally determine the extent of the privileges granted to nonresident owners and operators of motor vehicles in the registration of motor vehicles and licenses of operators. The division of motor vehicles is authorized to enter into reciprocal agreements on behalf of the state with the appropriate authorities of any state in the United States of America or of the District of Columbia with respect to all fees or taxes imposed by this state and by any other state or the District of Columbia on motor vehicles, on the operation of motor vehicles, or on any transaction incident to the operation of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 5, § 2; P.L. 1951, ch. 2826, § 10; G.L. 1956, § 31-7-4 .

31-7-5. Suspension or revocation of rights of nonresidents.

Whenever the division of motor vehicles shall suspend or revoke the right of any nonresident person to operate any motor vehicle, or to have operated any motor vehicle, owned by any nonresident upon the public highways of this state, it shall suspend or revoke that right for the same periods of time and upon the same grounds that it is required to suspend or revoke the license of any chauffeur or operator by §§ 31-11-6 , 31-11-7 , 31-11-8 , and 31-11-18 .

History of Section. P.L. 1950, ch. 2595, art. 5, § 2; G.L. 1956, § 31-7-5 ; P.L. 1959 (s.s.), ch. 190, § 1.

31-7-6. Long arm jurisdiction.

1. The acceptance by a nonresident of the rights and privileges conferred by chapters 1 — 27 of this title, as evidenced by the operation of a motor vehicle by the nonresident, his or her servant or agent, or the operation by a nonresident, his or her servant or agent, of a motor vehicle on a public highway in this state other than under said chapters, shall be deemed equivalent to an appointment by the nonresident of the administrator of the division of motor vehicles or his or her successor in office, to be the nonresident’s true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against the nonresident or his or her executor or administrator, growing out of any accident or collision in which the nonresident, his or her servant or agent, may be involved while operating a motor vehicle within this state. Acceptance or operation by the nonresident shall be deemed a signification of the nonresident’s agreement that any such process against the nonresident or his or her executor or administrator which is served as provided in this chapter shall be of the same legal force and validity as if served on the nonresident personally.
2. This section shall also apply to a foreign corporation and to any resident of the state who becomes a nonresident prior to the commencement of an action against the corporation or resident, or his or her executor or administrator, growing out of any accident or collision in which that person or his or her agent may have been involved while operating a motor vehicle within this state.

History of Section. P.L. 1950, ch. 2595, art. 5, § 2; art. 19, § 2; G.L. 1956, § 31-7-6 ; P.L. 1966, ch. 195, § 1; P.L. 1967, ch. 78, § 3.

31-7-7. Service on nonresident.

1. Service of process on a nonresident shall be made by leaving a copy of the process with a fee of five dollars ($5.00) in the hands of the administrator of the division of motor vehicles or in his or her office with some one acting in his or her stead as the administrator of the division of motor vehicles and the service shall be sufficient service upon the nonresident.
2. Notice of the service and a copy of the process shall be sent by registered or certified mail prior to service or immediately after service by the plaintiff or his or her attorney of record, to the defendant at the address given upon the defendant’s registration or operator’s license. The sender’s post office receipt of sending and the plaintiff’s or his or her attorney’s affidavit of compliance are to be returned with the process in accordance with applicable procedural rules.
3. Notwithstanding the requirements in subsections (a) and (b) of this section, however, once service has been made on the administrator of the division of motor vehicles as provided in this section, the court shall have the authority in the event of the failure to comply with the requirement of notice to the nonresident to order any notice that shall be sufficient to apprise the nonresident of the pendency of the suit against him or her, and in addition may extend the time for answering by the nonresident. It is also sufficient if notice and a copy of the process are served upon the defendant outside the state in accordance with applicable procedural rules.

History of Section. P.L. 1950, ch. 2595, art. 5, § 2; art. 19, § 2; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 31-7-7 ; P.L. 1960, ch. 75, § 7; P.L. 1961, ch. 124, § 1; P.L. 1967, ch. 78, § 4.

31-7-8. Process fee as costs — Record of processes.

The fee of five dollars ($5.00) paid by the plaintiff to the administrator of the division of motor vehicles, or in the administrator’s office, at the time of the service shall be taxed in the plaintiff’s costs if he or she prevails in the suit. The administrator of the division of motor vehicles shall keep a record of all processes served on nonresidents which shall show the day and hour of service and pay to the general treasurer all fees so paid.

History of Section. P.L. 1950, ch. 3595, art. 5, § 2; art. 19, § 2; G.L. 1956, § 31-7-8 ; P.L. 1960, ch. 75, § 7.

31-7-9. Offenses — Nonresident bond posting.

Every nonresident operator, who is charged by a member of the state police or by a member of the police department of any city or town of this state with a violation of any provision of chapters 14, 15, and 16 of this title, except for a violation included under chapter 41 of this title, may be required to deposit in escrow the sum of twenty-five dollars ($25.00), or to post a proper bond for that amount, with the state or local police department preferring the charge as a prerequisite to the nonresident operator being released for appearance at a later date before the court of proper jurisdiction upon the charge. The deposit so posted shall be returned to the nonresident, or the bond so posted shall be cancelled, upon the nonresident’s appearance before the court of proper jurisdiction for the disposition of the offense charged and effectuation of sentence, if any. If the nonresident shall fail to appear before the court of proper jurisdiction on the date and at the time assigned for the disposition of the offense charged, the deposit or bond, as the case may be, shall be forfeited and paid over to the clerk of court to be disbursed as if the defendant had been convicted and a fine and costs equal to that sum had been imposed.

History of Section. P.L. 1967, ch. 216, § 1; P.L. 1971, ch. 177, § 2; P.L. 1992, ch. 324, § 14.

31-8-1. Operation of vehicles without evidences of registration.

No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway or bicycle trail or path, any vehicle required to be registered pursuant to this title unless there has been issued for it a valid registration card and unless there is attached to it and displayed on it, when and as required by chapters 3 — 9 of this title, a valid registration plate or plates issued for it by the division of motor vehicles for the current registration year except as otherwise expressly permitted in those chapters. Any violation of this section shall be punishable by a fine of eighty-five dollars ($85.00).

History of Section. P.L. 1950, ch. 2595, art. 13, § 2; G.L. 1956, § 31-8-2 ; G.L. 1956, § 31-8-1 ; P.L. 1971, ch. 101, § 1; P.L. 1983, ch. 81, § 1; P.L. 1987, ch. 413, § 1; P.L. 2008, ch. 100, art. 12, § 14.

31-8-1.1. Operation of beach vehicle without permit.

No person shall operate, nor shall an owner knowingly permit to be operated, upon a beach as defined by the coastal resources management council, any vehicle required to be registered by the coastal resources management council unless there has been issued a valid beach registration permit and unless there is attached on it and displayed on it a valid registration sticker issued by the coastal resources management council for the current registration year. Any violation of this section shall be punishable by a fine of not less that twenty-five dollars ($25.00) nor more than seventy-five dollars ($75.00).

History of Section. P.L. 1998, ch. 306, § 1.

31-8-2. Operation of vehicle when registration canceled, suspended, or revoked.

No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway, a motor vehicle the registration of which has been canceled, suspended, or revoked. Any violation of this section is a civil violation.

History of Section. P.L. 1971, ch. 101, § 1; P.L. 1999, ch. 218, art. 6, § 3.

31-8-3. Improper use of evidences of registration or certificate of title.

No person shall lend to another any certificate of title, registration card, registration plate, special plate, or permit issued to him or her if the person desiring to borrow it would not be entitled to its use. Nor shall any person knowingly permit its use by one not so entitled. Nor shall any person display upon a vehicle any registration plate or permit not issued for that vehicle or not otherwise lawfully used on it under chapters 3 — 9 of this title. Any violation of this section is a civil violation.

History of Section. P.L. 1950, ch. 2595, art. 13, § 3; G.L. 1956, § 31-8-3 ; P.L. 1971, ch. 101, § 1; P.L. 1999, ch. 218, art. 6, § 3.

31-8-4. Suspension or revocation of registration or certificate of title.

1. The division of motor vehicles is authorized to suspend or revoke the registration of a vehicle or a certificate of title, registration card, or registration plate, or any nonresident or other permit, in any of the following events:
   1. When the division of motor vehicles is satisfied that the registration or that the certificate, card, plate, or permit was fraudulently or erroneously issued;
   2. When the division of motor vehicles determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;
   3. When a registered vehicle has been dismantled or wrecked;
   4. When the division of motor vehicles determines that the required fee has not been paid and the fee is not paid upon reasonable notice and demand;
   5. When a registration plate or permit is knowingly displayed upon a vehicle other than the one for which issued;
   6. When the division of motor vehicles determines that the owner has committed any offense under chapters 3 — 9 of this title involving the registration or the certificate, card, plate, or permit to be suspended or revoked;
   7. When the division of motor vehicles is so authorized under any other provision of law; or
   8. Upon receipt of notice the carrier and/or operator of a commercial motor vehicle has violated or is not in compliance with 49 C.F.R. 386.72 or 49 C.F.R. 390.5 et seq. of the motor carrier safety regulations or chapter 23 of this title.
2. Upon removal of cause for which the registration or certificate of title was revoked, denied, or suspended, the division of motor vehicles shall require the registrant or applicant to pay a restoration fee of two hundred and fifty dollars ($250), provided that no restoration fee shall be required if the revocation, denial, or suspension was issued pursuant to subsection (a)(2) of this section, §§ 31-38-2 , 31-38-3 , 31-38-4 , or 31-47.1-3 .

History of Section. P.L. 1950, ch. 2595, art. 13, § 5; P.L. 1952, ch. 2937, § 6; G.L. 1956, § 31-8-5 ; G.L. 1956, § 31-8-4 ; P.L. 1971, ch. 101, § 1; P.L. 1996, ch. 382, § 1; P.L. 2000, ch. 275, § 1; P.L. 2009, ch. 5, art. 9, § 2; P.L. 2018, ch. 47, art. 8, § 4.

31-8-5. Suspension or revocation of certificate or special plates of manufacturer, transporter, or dealer.

The division of motor vehicles is also authorized to suspend or revoke a certificate or the special plates issued to a manufacturer, bailee, or dealer upon determining that this person is not lawfully entitled to it; has made or knowingly permitted any illegal use of those plates; has committed fraud in the registration of vehicles; or has failed to give notices of transfers when and as required by chapters 3 — 9 of this title.

History of Section. P.L. 1950, ch. 2595, art. 13, § 6; G.L. 1956, § 31-8-6 ; G.L. 1956, § 31-8-5 ; P.L. 1971, ch. 101, § 1.

31-8-6. Owner to return evidences of registration upon cancellation, suspension, or revocation.

Whenever the division of motor vehicles as authorized pursuant to this title cancels, suspends, or revokes the registration of a vehicle, or a certificate of title, registration card or registration plate or plates, or any nonresident or other permit, or the license of any dealer or wrecker, that registration, certificate, or permit shall be invalid and the owner or person in possession of it shall immediately return the evidences of registration, title, or license so canceled, suspended or revoked to the division of motor vehicles. If the owner or person in possession fails to return it the division of motor vehicles may immediately direct any peace officer to secure possession of it and to return it to the division of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 13, § 7; P.L. 1954, ch. 3277, § 1; G.L. 1956, § 31-8-7 ; G.L. 1956, § 31-8-6 ; P.L. 1971, ch. 101, § 1.

31-8-7. [Omitted.]

31-9-1. Driving without consent of owner or lessee.

Any person who drives a vehicle, not his or her own, without the consent of its owner or lessee, and with intent temporarily to deprive the owner or lessee of his or her possession of the vehicle, without intent to steal the vehicle, is guilty of a felony. The consent of the owner or lessee of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner’s or lessee’s consent on a prior occasion to the taking or driving of that vehicle by the same or a different person. Any person who assists in, or is a party or accessory to or an accomplice in any unauthorized taking or driving, is guilty of a felony. Any person convicted of a violation of this section shall be fined not more than five thousand dollars ($5,000) or imprisoned for a term of not more than five (5) years, or both.

History of Section. P.L. 1950, ch. 2595, art. 12, § 4; G.L. 1956, § 31-9-1 ; P.L. 1986, ch. 272, § 1; P.L. 1987, ch. 356, § 1; P.L. 1988, ch. 84, § 24; P.L. 1989, ch. 73, § 1; P.L. 1990, ch. 238, § 1.

31-9-2. Possession of stolen vehicle or parts.

1. Any person who, with intent to procure or pass title to a vehicle which he or she knows or has reason to believe has been stolen or unlawfully taken, receives or transfers possession of the vehicle from or to another, or who has in his or her possession any vehicle which that person knows or has reason to believe has been stolen or unlawfully taken, and who is not an officer of the law engaged at the time in the performance of his duty as an officer of the law, is guilty of a felony.
2. Any person who receives, barters, conceals, stores, sells, conveys, or disposes of stolen vehicle parts which that person knows or has reason to believe have been stolen or unlawfully taken is guilty of a felony. Conviction for a second and for subsequent convictions under this section may be punished by imprisonment for a term of not less than one year nor more than ten (10) years, or by a fine of not more than ten thousand dollars ($10,000), or by both fine and imprisonment.

History of Section. P.L. 1950, ch. 2595, art. 12, § 5; G.L. 1956, § 31-9-2 ; P.L. 1983, ch. 221, § 7.

31-9-3. Injuring or tampering with vehicles.

Any person who either individually or in association with one or more other persons willfully injures or tampers with any vehicle or breaks or removes any part or parts of or from a vehicle without the consent of the owner is guilty of a misdemeanor.

History of Section. P.L. 1950, ch. 2595, art. 12, § 6; G.L. 1956, § 31-9-3 .

31-9-4. Manipulating controls with malicious intent.

Any person who with intent to commit any malicious mischief, injury, or other crime climbs into or upon a vehicle whether it is in motion or at rest, or with like intent attempts to manipulate any of the levers, starting mechanism, brakes, or other mechanisms or devices of a vehicle while the vehicle is at rest and unattended, or with like intent sets in motion any vehicle while the vehicle is at rest and unattended is guilty of a misdemeanor.

History of Section. P.L. 1950, ch. 2595, art. 12, § 6; G.L. 1956, § 31-9-4 .

31-9-5. Alteration of identification number.

1. 1. No person shall with fraudulent intent remove, deface, destroy, or alter the manufacturer’s serial or engine number or any other distinguishing number or identification mark of a motor vehicle or any of its parts nor shall any person place or stamp any serial, engine, or other number or mark upon a motor vehicle or any part, except one assigned to it by the division of motor vehicles. Any violation of this provision is a felony.
   2. The fact that a person removed, defaced, destroyed, or altered the manufacturer’s serial or engine number or any other distinguishing number or identification mark of a motor vehicle or part, or that a person placed or stamped on a motor vehicle part any serial, engine, or other number or mark different from that originally assigned by the manufacturer to it, without first obtaining a permit from the division of motor vehicles, shall be prima facie evidence of that person’s fraudulent intent.
2. This section shall not prohibit the restoration by an owner of an original serial, engine, or other number or mark when that restoration is made under a permit issued by the division of motor vehicles, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon motor vehicles or their parts.

History of Section. P.L. 1950, ch. 2595, art. 12, § 8; G.L. 1956, § 31-9-5 ; P.L. 1978, ch. 196, § 1; P.L. 1983, ch. 221, § 7; P.L. 1984, ch. 264, § 1.

31-9-6. Possession of any motor vehicle or part thereof with altered identification number.

Any individual, company, or corporation who knowingly buys, receives, disposes of, sells, offers for sale, or has in his or her possession any motor vehicle, or its parts, from which the manufacturer’s serial or engine number or derivative of that number which is ascribed to that vehicle or part by the manufacturer, the owner, or the division of motor vehicles, or from which any other distinguishing number or identification mark or number placed on it under assignment from the division of motor vehicles has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of that motor vehicle or its parts is guilty of a felony.

History of Section. P.L. 1950, ch. 2595, art. 12, § 7; G.L. 1956, § 31-9-6 ; P.L. 1978, ch. 197, § 1; P.L. 1983, ch. 221, § 7.

31-9-7. Reports by police officers of thefts and recoveries.

Every proper officer, upon receiving reliable information that any vehicle registered under this title has been stolen, shall immediately report the theft to the division of motor vehicles unless prior to this discovery information has been received of the recovery of the vehicle. Any officer, upon receiving information that any vehicle, which was previously reported as stolen, has been recovered, shall immediately report the fact of that recovery to his or her department and the division of motor vehicles.

History of Section. P.L. 1950, ch. 2595, art. 12, § 1; G.L. 1956, § 31-9-7 ; P.L. 1979, ch. 254, § 1.

31-9-8. Notice by owner of theft or embezzlement.

The owner of, or person having a lien or encumbrance upon, a registered vehicle which has been stolen or embezzled may notify the division of motor vehicles of the theft or embezzlement, but in the event of an embezzlement may make a report only after having procured the issuance of a warrant for the arrest of the person charged with the embezzlement.

History of Section. P.L. 1950, ch. 2595, art. 12, § 2; G.L. 1956, § 31-9-8 .

31-9-9. Filing and indexing of theft and embezzlement reports.

The division of motor vehicles, upon receiving a report of a stolen or embezzled vehicle as previously provided for in this chapter, shall file and appropriately index the report.

History of Section. P.L. 1950, ch. 2595, art. 12, § 3; P.L. 1952, ch. 2937, § 5; G.L. 1956, § 31-9-9 .

31-9-10. Weekly lists of stolen vehicles.

The division of motor vehicles shall at least once each week compile and maintain at its headquarters office a list of all vehicles which have been stolen, embezzled, or recovered as reported to it during the preceding week. Those lists shall be sent to the various police departments in the state and shall be open to inspection by any person interested in any stolen or embezzled vehicle.

History of Section. P.L. 1950, ch. 2595, art. 12, § 3; G.L. 1956, § 31-9-10 .

31-9-11. Sale, purchase, or possession of keys or manipulative devices for automobiles.

Any person who shall sell, offer for sale, purchase, or have in his or her possession keys or manipulative devices designed or adapted to operate the ignition switches, door locks, or trunk locks of two (2) or more motor vehicles, the ignition switches, door locks, and trunk locks of which are designed or intended to be operated with a different key or set of keys for each vehicle, and those vehicles are not owned or leased by that person or in his or her lawful possession and control, unless that person is a locksmith, a duly licensed automobile dealer, a duly licensed body repair shop, an officer or employee of an automobile club or association, or a member of a duly authorized law enforcement agency, shall be guilty of a felony.

History of Section. P.L. 1968, ch. 95, § 1; P.L. 1983, ch. 221, § 7.

31-10-1. License required to drive.

1. No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless that person has a valid license as an operator or chauffeur under the provisions of this chapter. No person shall receive an operator’s license unless and until he or she surrenders to the division of motor vehicles all valid operators’ licenses in his or her possession issued to that person by any other jurisdiction. All surrendered licenses shall be returned by the division of motor vehicles to the issuer together with the information that the licensee is now licensed in this state. No person shall be permitted to have more than one valid operator’s license at any time. Any resident as defined under § 31-1-18 shall be required to obtain a Rhode Island operator’s or chauffeur’s license within thirty (30) days of establishing residency.
2. No person shall drive a motor vehicle as a chauffeur unless he or she holds a valid chauffeur’s license. No person shall receive a chauffeur’s license unless and until he or she surrenders to the division of motor vehicles any operator’s license issued to him or her, or an affidavit that he or she does not possess an operator’s license.
3. Any person holding a valid chauffeur’s license under this chapter need not procure an operator’s license.
4. Any person licensed as an operator or chauffeur under this chapter may exercise the privilege granted by that license upon all streets and highways in this state, and shall not be required to obtain any other license to exercise that privilege by any county, municipal, or local board, or by any body having authority to adopt local police regulations.

History of Section. P.L. 1950, ch. 2595, art. 15, § 1; G.L. 1956, § 31-10-1 ; P.L. 1962, ch. 204, § 1; P.L. 1982, ch. 26, § 1.

31-10-2. Persons exempt from licensing requirements.

The following persons are exempt from the licensing requirements of this chapter:

1. Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and being operated on official business;
2. A nonresident who is at least sixteen (16) years of age and who has in his or her immediate possession a valid operator’s license issued to him or her in his or her home state or country may operate a motor vehicle in this state only as an operator;
3. A nonresident who is at least eighteen (18) years of age and who has in his or her immediate possession a valid chauffeur’s license issued to him or her in his or her home state or country may operate a motor vehicle in this state either as an operator or chauffeur. Subject to the age limits applicable to chauffeurs in this state, that license shall be accepted as a chauffeur class I license. Notwithstanding the foregoing, a nonresident must submit an application for a chauffeur class I license which must be approved before a nonresident may be employed as a chauffeur in this state;
4. Any nonresident who is at least eighteen (18) years of age, whose home state or country does not require the licensing of operators, may operate a motor vehicle as an operator only, for a period of not more than ninety (90) days in any calendar year, if the motor vehicle so operated is duly registered in the home state or country of that nonresident;
5. Any operator of any traction engine, road roller, farm tractor, crane, power shovel, well-borer, and any other road and building construction machinery and equipment, other than a truck used for the transportation of materials.

History of Section. P.L. 1950, ch. 2595, art. 15, § 2; P.L. 1954, ch. 3323, § 1; G.L. 1956, § 31-10-2 ; P.L. 1962, ch. 204, § 1; P.L. 2000, ch. 273, § 1.

31-10-3. Persons ineligible for licenses.

1. The division of motor vehicles shall not issue any license under this chapter:
   1. To any person, as an operator, who is under the age of sixteen (16) years;
   2. To any person, as a chauffeur, who is under the age of eighteen (18) years;
   3. To any person, as an operator or chauffeur, whose license has been suspended, during that suspension, nor to any person whose license has been revoked, except as provided in § 31-11-10 ;
   4. To any person, as an operator or chauffeur, who is a habitual drunkard or habitual user of drugs to such an extent that he or she is incapable of safely driving a motor vehicle;
   5. To any person, as an operator or chauffeur, who is required by this chapter to take an examination unless that person shall have successfully passed that examination;
   6. To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited that proof;
   7. To any person when the administrator of the division of motor vehicles has good cause based on clear and convincing evidence to believe that that person does not meet a standard of physical or mental fitness for motor vehicle licensure established pursuant to § 31-10-44(b) and that the person’s physical or mental condition prevents him or her from being able to operate a motor vehicle with safety upon the highway;
   8. To any person when the administrator of the division of motor vehicles has good cause to believe that the operation of a motor vehicle on the highways by that person would pose an imminent safety risk to the general public as determined by objectively ascertainable standards;
   9. To any person who is subject to an order issued pursuant to § 14-1-67 .
2. The division of motor vehicles shall notify in writing any person whose application for a license has been denied pursuant to subsection (a) of this section. The notice shall contain the factual and legal basis for the denial, the procedure for requesting a hearing, and the rights afforded the individual pursuant to the provisions of § 31-11-7(d) — (f). When physical or mental fitness is the basis for the denial, the notice shall reference the specific functional standard promulgated pursuant to § 31-10-44(b) , which was relied upon by the division of motor vehicles. Upon his or her request the division of motor vehicles shall afford the license applicant an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt of the request.
3. The hearing procedures afforded the applicant shall conform to the provisions of § 31-11-7(d) — (f).

History of Section. P.L. 1950, ch. 2595, art. 15, § 3; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-3 ; P.L. 1959 (s.s.), ch. 190, § 2; P.L. 1962, ch. 204, § 1; P.L. 1984, ch. 196, § 2; P.L. 1998, ch. 89, § 1.

31-10-4. Classification of chauffeurs — Examination of applicants.

The division of motor vehicles upon issuing a chauffeur’s license shall indicate on it the class of license so issued and shall appropriately examine each applicant according to the class of license applied for and may impose any rules and regulations for the exercise of that license as it may deem necessary for the safety and welfare of the traveling public.

History of Section. P.L. 1950, ch. 2595, art. 15, § 5; G.L. 1956, § 31-10-4 ; P.L. 1962, ch. 204, § 1.

31-10-5. Special restrictions for drivers for compensation.

1. No person who is under the age of twenty-one (21) years shall drive any school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation nor in either event until he or she has been licensed as a chauffeur for either purpose and the license so indicates. Colleges and universities shall be exempt from the requirement for a public plate for vehicles used to shuttle only students or employees to various points within the college or university campus or if a college or university owned or leased vehicle is used for the occasional transportation of college or university employees or students either on or off campus provided that the vehicle is operated by a college or university employee possessing a valid Rhode Island chauffeur’s license or a commercial drivers license with a passenger endorsement. Provided, however, that the college or university shall operate the shuttle service and there shall be no specific charge for the transportation of students or employees. The division of motor vehicles shall not issue a chauffeur’s license for either purpose unless the applicant has had at least one year of driving experience prior to the application, and has filed with the division of motor vehicles one or more certificates signed by a total of at least three (3) responsible people to whom he or she is well known certifying to the applicant’s good character and habits and the administrator of the division of motor vehicles is fully satisfied as to the applicant’s competency and fitness to be so employed.
2. In addition to the requirements provided in subsection (a) of this section, any person attempting to obtain a chauffeur’s license to drive a school bus transporting school children shall, prior to being certified:
   1. Successfully complete a ten (10) hour school bus driver training course conducted by the department of revenue or the department of revenue’s designee and file a certificate of successful completion with the division of motor vehicles. The curriculum of that course and the accreditation of courses offered shall be pursuant to rules and regulations promulgated by the division of motor vehicles;
   2. Pass a written examination prepared and given by the department of revenue or the department of revenue’s designee.
   3. Pass a driving test in a school bus of a like type which that person will be employed to drive. The test will be prepared and given by the department of revenue.
3. Prior to issuing a certificate to any person who intends to drive a school bus, the division of motor vehicles shall conduct a search of that person’s motor vehicle record. Any violation of any safety regulation or conviction of any motor vehicle law in this or any other state shall be grounds for refusing to issue a certificate.

History of Section. P.L. 1950, ch. 2595, art. 15, § 5; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-5 ; P.L. 1962, ch. 204, § 1; P.L. 1975, ch. 235, § 1; P.L. 1986, ch. 413, § 1; P.L. 2000, ch. 109, § 62; P.L. 2002, ch. 408, § 1; P.L. 2007, ch. 380, § 1; P.L. 2008, ch. 98, § 9; P.L. 2008, ch. 145, § 9.

31-10-5.1. School bus driver annual training.

1. The department of revenue shall promulgate any rules and regulations that it deems necessary to ensure that a ten-hour (10) training course is provided for all new school bus drivers and a three-hour (3) retraining course is provided to all renewal applicants on at least a yearly basis.
2. The training shall include, but not be limited to, defensive driving, the National Highway Traffic Safety Administration’s School Bus Driver In-Service Series, and instruction in all state laws, rules, and regulations relating to school buses and school bus safety.
3. Prior to any renewal of any certificate of a school bus driver, the division of motor vehicles shall require proof of the renewal applicant’s having successfully completed the annual retraining as provided in this section. That proof shall include the passing of a written examination prepared by the department of revenue, or the department of revenue’s designee, and conducted by employees of the department.

History of Section. P.L. 1986, ch. 413, § 2; P.L. 2008, ch. 98, § 9; P.L. 2008, ch. 145, § 9; P.L. 2016, ch. 47, § 1; P.L. 2016, ch. 56, § 1.

31-10-6. Graduated licensing for person under the age of eighteen (18).

1. Purpose.  To ensure that license holders have sufficient training and experience and to promote safe, responsible driving, persons under the age of eighteen (18) shall be granted driving privileges on a limited basis as follows:
   1. Level 1 — Limited instruction permit.
   2. Level 2 — Limited provisional license.
   3. Level 3 — Full operator’s license.
2. Requirements and privileges.  A permit or license issued pursuant to this section must have a color background or border that indicates the level of driving privileges granted by the permit or license.
   1. Limited instruction permit.  Any person who is at least sixteen (16) years of age but less than eighteen (18) years of age may apply to the division of motor vehicles for a limited instruction permit. The division of motor vehicles may, after the applicant has successfully completed a course of driver training prescribed in § 31-10-19 and passed a standardized written examination approved by the administrator of the division of motor vehicles or otherwise complied with the requirements of § 31-10-21 , issue to the applicant a limited instruction permit that shall entitle the applicant to drive a motor vehicle only under the following conditions:
      1. The permit holder must be in possession of the permit;
      2. A supervising driver must be seated beside the permit holder in the front seat of the vehicle when it is in motion;
      3. No person other than the supervising driver can be in the front seat;
      4. Every person occupying the vehicle being driven by the permit holder must have a safety belt properly fastened about his or her body, or be restrained by a child passenger restraint system as provided in § 31-22-22 when the vehicle is in motion;
      5. The permittee shall wear a safety belt at all times unless the permittee provides the division of motor vehicles with a statement from a physician indicating that for medical reasons the permittee cannot wear a safety belt. A limited instruction permit shall be valid for a period of one year, and may be extended for a reasonable period of time if the holder of the permit provides the division of motor vehicles with evidence of a hardship. Any person who is at least sixteen (16) years of age and is enrolled in a commercial drivers’ school or in a regularly recognized secondary school or college driver training program that is approved by the division of motor vehicles shall not be required to have a limited instruction permit while operating a dual-control training vehicle regularly used by that school in its driver training program and while a regular instructor in that school or program is occupying the seat beside that person.
   2. Limited provisional license.  A person may obtain a limited provisional license if the person meets all of the following requirements:
      1. 1. Has held a limited instruction permit issued by the division of motor vehicles for at least six (6) months;
         2. Has not been convicted of a motor vehicle moving violation or seat belt infraction during the preceding six (6) months;
         3. Passes a road test administered by the division of motor vehicles and shall also meet the requirements of subsection (b)(2)(iii) of this section.
      2. A limited provisional license authorizes the license holder to drive a motor vehicle only under the following conditions:
         1. The license holder must be in possession of the license.
         2. The license holder may drive without supervision in any of the following circumstances:
            1. From 5:00 a.m. to 1:00 a.m.;
            2. When driving to or from work;
            3. When driving to or from an activity of a volunteer fire department, volunteer rescue squad, or volunteer emergency medical service, if the driver is a member of one of these organizations;
            4. From 4:00 a.m. to 5:00 a.m. when driving between the license holder’s home and a school-sponsored athletic activity for which no transportation is provided by the school.
         3. The license holder may drive with supervision at any time. When the license holder is driving with supervision, the supervising driver must be seated beside the license holder in the front seat of the vehicle when it is in motion.
         4. Every person occupying the vehicle being driven by the license holder must have a safety belt properly fastened about his or her body, or be restrained by a child safety passenger restraint system as provided in § 31-22-22 when the vehicle is in motion.
      3. In addition to meeting the requirements of subsection (b)(2)(i) of this section, a person under the age of eighteen (18) years seeking to obtain a provisional license shall present with his or her application a statement signed by the person’s parent or guardian stating that the applicant has obtained a minimum of fifty (50) hours of experience with ten (10) of those at night as a driver while driving with a supervising driver. These fifty (50) hours may include driving lessons with a commercial driving school or any other supervised driving.
      4. During the first twelve (12) months of a limited provisional license no more than one passenger younger than twenty-one (21) years of age is allowed in the vehicle. Immediate family/household members are excepted from this subsection.
   3. Full operator’s license.
      1. A person who is at least seventeen (17) years old but less than eighteen (18) years old may apply for and obtain a full operator’s license if the person meets all of the following requirements:
         1. Has held a limited provisional license issued by the division of motor vehicles for at least twelve (12) months; and
         2. Has not been convicted of a motor vehicle moving violation or seat belt infraction during the preceding six (6) months.
      2. A person who meets the requirements of this section may obtain a full operator’s license by mail. The restrictions on Level 1 and Level 2 drivers concerning time of driving, supervision and passenger limitations do not apply to a full operator’s license.

History of Section. P.L. 1950, ch. 2595, art. 15, § 6; P.L. 1951, ch. 2826, § 13; P.L. 1952, ch. 2937, § 8; P.L. 1954, ch. 3276, § 1; G.L. 1956, § 31-10-6 ; P.L. 1962, ch. 204, § 1; P.L. 1964, ch. 224, § 1; P.L. 1988, ch. 78, § 1; P.L. 1990, ch. 253, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 323, § 1; P.L. 2003, ch. 326, § 1; P.L. 2005, ch. 231, § 1; P.L. 2005, ch. 344, § 1; P.L. 2017, ch. 367, § 1; P.L. 2017, ch. 373, § 1.

31-10-6.1. Supervising driver.

A supervising driver must be the parent, guardian, licensed foster parent or adult or a certified driver education instructor. A supervising driver must be a licensed driver who has been licensed to drive for five (5) years.

History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2.

31-10-6.2. Out-of-state exceptions.

A nonresident who is at least seventeen (17) years old but less than eighteen (18) years old, who has an unrestricted drivers license issued by that state, and who becomes a resident of this state may apply for and obtain within thirty (30) days of establishing residency one of the following:

1. Temporary permit.  If the person has not completed a drivers education course that meets the requirements of the department of education but is currently enrolled in a drivers education course that meets these requirements. A temporary permit is valid for the period specified in the permit and authorizes the holder of the permit to drive a specified type or class of motor vehicle when in possession of the permit, subject to any restrictions imposed by the division of motor vehicles concerning time of driving, supervision, and passenger limitations. The period must end within ten (10) days after the expected completion date of the drivers education course in which the applicant is enrolled.
2. Full operator’s license.  If the person has completed a drivers education course that meets the requirements of the department of elementary and secondary education; has held the license issued by the other state for at least twelve (12) months; and has not been convicted during the preceding six (6) months of a motor vehicle moving violation, a seat belt infraction, or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this state.
3. Limited provisional license.  If the person has completed a drivers education course that meets the requirements of the department of elementary and secondary education but either did not hold the license issued by the other state for at least twelve (12) months; or was convicted during the preceding six (6) months of a motor vehicle moving violation, a seat belt infraction or an offense committed in another jurisdiction that would be a motor vehicle moving violation or seat belt infraction if committed in this state.

History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2; P.L. 2010, ch. 239, § 28.

31-10-6.3. Duration and fee.

A limited instruction permit expires on the eighteenth (18th) birthday of the permit holder. A limited provisional license expires on the eighteenth (18th) birthday of the permit holder. A full operator’s license shall be issued and expires on the date pursuant to § 31-10-30 . The fee for a limited instruction permit or a limited provisional license is ten dollars ($10.00). The fee for a full operator’s license is the amount prescribed in § 31-10-31 .

History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2.

31-10-6.4. Violations.

It is unlawful for the holder of a limited learner’s permit, a temporary permit or a limited provisional license to drive a motor vehicle in violation of the restrictions that apply to that permit or license. Failure to comply with a restriction concerning time of driving or the presence of a supervising driver in the vehicle constitutes operating a motor vehicle without a license. Failure to comply with any other restriction, including seating and passenger limitations, is an infraction punishable by a monetary fine of eighty-five dollars ($85.00) for the first offense, ninety-five dollars ($95.00) for the second offense, and one hundred dollars ($100.00) for a third or any subsequent offenses.

History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2; P.L. 2008, ch. 100, art. 12, § 15.

31-10-6.5. Insurance status.

The holder of a limited instruction permit is not considered a licensed driver for purposes of determining the inexperience operator premium surcharge pursuant to automobile insurance policies.

History of Section. P.L. 1998, ch. 371, § 2; P.L. 1998, ch. 386, § 2.

31-10-7. Temporary driver’s permit — Persons over the age of eighteen (18).

The division of motor vehicles may in its discretion issue a temporary driver’s permit to an applicant for a full operator’s license who has attained the age of eighteen (18). A temporary driver’s permit shall permit the applicant to operate a motor vehicle while the division of motor vehicles is completing its investigation and determination of all facts relative to the applicant’s right to receive a full operator’s license. The temporary driver’s permit must be in the applicant’s immediate possession while operating a motor vehicle, and it shall be invalid when the applicant’s license has been issued or for good cause has been refused.

History of Section. P.L. 1950, ch. 2595, art. 15, § 6; P.L. 1951, ch. 2826, § 13; P.L. 1954, ch. 3276, § 1; G.L. 1956, § 31-10-7 ; P.L. 1962, ch. 204, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1.

31-10-8. Special armed forces operator’s license.

The administrator of the division of motor vehicles is authorized to issue a special form of motor vehicle operator’s license, at no fee, to any person serving in the armed forces of the United States who at the time of his or her entrance into the armed forces was a legal resident of Rhode Island and the holder of a valid license. The special license shall be valid during the term of the person’s period of service and for thirty (30) days thereafter unless sooner cancelled, suspended, or revoked for cause, and the person shall, while operating a motor vehicle upon the public highways, carry the special license upon his or her person and shall also carry upon his or her person conclusive evidence of the fact that he or she is a member of the armed forces of the United States.

History of Section. P.L. 1955, ch. 3584, § 1; G.L. 1956, § 31-10-8 ; P.L. 1962, ch. 204, § 1.

31-10-9. Operator’s license issued after expiration of armed forces license.

Whenever an armed forces special license shall become invalid by reason of expiration, the person to whom it was issued shall, within a period of three (3) years from the date of the expiration, be entitled to receive a regular motor vehicle operator’s license without submitting to an examination upon presentation of a proper application accompanied by the proper fee.

History of Section. P.L. 1955, ch. 3584, § 1; G.L. 1956, § 31-10-9 ; P.L. 1962, ch. 204, § 1.

31-10-10. Rules as to armed forces license.

The special license provided for in §§ 31-10-8 and 31-10-9 , shall be issued under any rules and in any form that the administrator of the division of motor vehicles may prescribe. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1955, ch. 3584, § 2; G.L. 1956, § 31-10-10 ; P.L. 1962, ch. 204, § 1; P.L. 2002, ch. 292, § 106.

31-10-11. Application forms — Destruction of refused applications.

Every application for an instruction permit or for an operator’s or chauffeur’s license shall be made upon a form furnished by the division of motor vehicles. Applications of unsuccessful applicants may be destroyed after a period of thirty (30) days from the date of the failure to pass the required examination.

History of Section. P.L. 1950, ch. 2595, art. 15, § 7; P.L. 1952, ch. 2937, § 8; G.L. 1956, § 31-10-11 ; P.L. 1962, ch. 204, § 1.

31-10-12. Contents of application.

1. Every application for an instruction permit or for a license shall:
   1. State the full name, date of birth, sex, and residence address of the applicant;
   2. Briefly describe the applicant;
   3. State whether the applicant has previously been licensed as an operator or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked;
   4. State whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation, or refusal; and
   5. Provide any further information bearing on the applicant’s character or ability to drive that may be required by the administrator of the division of motor vehicles.
2. Every application shall state whether the applicant desires to donate tissue or organs pursuant to the provisions of chapter 18.6 of title 23.

History of Section. P.L. 1950, ch. 2595, art. 15, § 7; G.L. 1956, § 31-10-12 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 180, § 1.

31-10-13. Record from other jurisdiction.

1. Whenever an application is received from a person previously licensed in another jurisdiction, the division of motor vehicles may request a copy of the operator’s record from that other jurisdiction. When received, the operator’s record shall become a part of the operator’s record in this state with the same force and effect as though entered on the operator’s record in this state in the original instance.
2. Whenever the division of motor vehicles receives a request for an operator’s record from another licensing jurisdiction the record shall be forwarded without charge.

History of Section. P.L. 1962, ch. 204, § 1; P.L. 1984, ch. 371, § 1.

31-10-14. Applications of minors.

The application of any person under the age of eighteen (18) years for a limited instruction permit, a limited provisional license, or a full operator’s license shall be signed and verified, before a person authorized to administer oaths, by one or more of the following individuals: the father, mother, guardian, adult husband or wife, or licensed foster parent, who is a resident of this state and qualified to be a supervising driver pursuant to § 31-10-6.1 . In the event there is no parent, guardian, or licensed foster parent, who meets these requirements, then by another responsible adult who is willing to assume the obligation imposed under §§ 31-10-1 — 31-10-33 upon a person signing the application of a minor.

History of Section. P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-13 ; G.L. 1956, § 31-10-14 ; P.L. 1962, ch. 204, § 1; P.L. 1978, ch. 62, § 1; P.L. 1989, ch. 74, § 1; P.L. 1989, ch. 187, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1.

31-10-15. Liability of person signing minor’s application.

Any negligence or willful misconduct of a minor under the age of eighteen (18) years when driving a motor vehicle upon a highway shall be imputed to the person who has signed the application of that minor for a permit or license, which person shall be jointly and severally liable with the minor for any damages caused by the minor’s negligence or willful misconduct except as otherwise provided in § 31-10-16 .

History of Section. P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-14 ; G.L. 1956, § 31-10-15 ; P.L. 1962, ch. 204, § 1.

31-10-16. Liability when minor proves financial responsibility.

In the event a minor deposits or there is deposited upon the minor’s behalf proof of financial responsibility in respect to the operation of a motor vehicle owned by the minor, or if not the owner of a motor vehicle, then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the division of motor vehicles may accept the application of the minor when signed by a parent or guardian of the minor or other responsible adult, and while that proof is maintained the parent or guardian or responsible adult shall not be subject to the liability imposed under § 31-10-15 .

History of Section. P.L. 1950, ch. 2595, art. 15, § 8; G.L. 1956, § 31-10-15 ; G.L. 1956, § 31-10-16 ; P.L. 1962, ch. 204, § 1.

31-10-17. Release from liability.

Any person who has signed the application of a minor for a license may later file with the division of motor vehicles a verified written request that the license granted to the minor be cancelled. On receipt of the request the division of motor vehicles shall cancel the license of the minor and the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.

History of Section. P.L. 1950, ch. 2595, art. 15, § 9; G.L. 1956, § 31-10-16 ; G.L. 1956, § 31-10-17 ; P.L. 1962, ch. 204, § 1.

31-10-18. Cancellation of license upon death of person signing minor’s application.

The division of motor vehicles upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a license shall cancel the license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply in the event the minor has attained the age of eighteen (18) years.

History of Section. P.L. 1950, ch. 2595, art. 15, § 10; P.L. 1951, ch. 2826, § 14; G.L. 1956, § 31-10-17 ; G.L. 1956, § 31-10-18 ; P.L. 1962, ch. 204, § 1.

31-10-19. Driver education — Traffic safety education. [Contingent amendment; see other version.]

1. The community college of Rhode Island shall provide thirty-three (33) hours of classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years of age for a limited instruction permit or license. The instruction shall include eight (8) hours, specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall be given by a person eligible for a teacher’s certificate issued under the authority of the state board of regents and which course of instruction shall be approved by the board of governors for higher education. In case of emergency, the president of the community college of Rhode Island may declare, when no certified instructor is available to teach, an individual eligible to teach at the community college of Rhode Island who has taken the required course of instruction in driver education, may provide driver education instruction. All driver education programs shall include information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The board of governors for higher education shall ensure that each person properly certified and approved to instruct driver education courses shall be given an equal opportunity for employment as an instructor within the driver education program. No person teaching driver education under this section shall own, be employed by, or be associated with a commercial driving school.
2. Driver education instruction shall be available to any eligible resident applicant not less than fifteen (15) years and ten (10) months of age.
3. That the state shall also provide a separate program of instruction, as previously set forth in this section, for special needs students whose individual education plan (IEP) indicates a need for a separate program of instruction.
4. The community college of Rhode Island shall provide a driver training program for physically handicapped drivers. The program shall instruct the physically handicapped driver in the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by the handicapped individual. A physically handicapped person must be certified by a licensed physician that he or she is physically handicapped and possesses sufficient potential to become a competent motor vehicle operator. The community college of Rhode Island shall establish a tuition fee sufficient to cover the cost of the program.
5. A tuition or enrollment fee shall be required to be paid by an eligible applicant in accordance with rules and regulations of the board of governors for higher education; provided, that personal checks shall be an acceptable method of payment of the tuition or enrollment fee. The tuition or enrollment fee shall be deposited in a restricted receipt account established to pay any and all costs associated with the driver education program at the community college of Rhode Island and administered by the community college of Rhode Island.
6. The board of governors for higher education is authorized to establish administrative regulations to further implement this section.
7. The community college of Rhode Island shall establish tuition fees sufficient to cover the cost of the program and the administration of the driver education program. All positions established to implement the driver education program and funded in full by driver education program fees shall be exempt from the full-time equivalency cap established in Article 1 of the Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004, the actual number of filled positions funded exclusively by driver education fees to the chairperson of the house finance committee, the chairperson of the senate finance committee, and the state budget officer.
8. The board of governors for higher education shall provide for an optional and voluntary course of instruction for the applicant’s parent, guardian, or designee where applicable, on the content of the driver education curriculum and the requirements for the graduated licensing for persons under the age of eighteen (18) as contained in § 31-10-6 . The community college of Rhode Island shall be responsible to develop the course of instruction and content for the parent instruction, or may approve a similar course of instruction, such as AAA’s course, as equivalent to it, and shall promulgate regulations and establish the appropriate method of providing the instruction.
9. Dangers of distracted driving, including, but not limited to, use of cell phones would be included in this section curriculum and included in all testing as part of the state’s driver’s license examination.

History of Section. P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; G.L. 1956, § 31-10-19 ; P.L. 1970, ch. 111, § 8; P.L. 1971, ch. 73, § 1; P.L. 1981, ch. 222, § 1; P.L. 1983, ch. 167, art. XI, § 1; P.L. 1984, ch. 129, § 1; P.L. 1986, ch. 287, art. 7, § 1; P.L. 1987, ch. 111, § 1; P.L. 1987, ch. 312, § 1; P.L. 1989, ch. 135, § 1; P.L. 1990, ch. 253, § 1; P.L. 1995, ch. 370, art. 40, § 103; P.L. 1998, ch. 295, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 376, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 217, § 1; P.L. 2003, ch. 361, § 1; P.L. 2009, ch. 112, § 1; P.L. 2009, ch. 150, § 1; P.L. 2013, ch. 52, § 1; P.L. 2013, ch. 61, § 1; P.L. 2018, ch. 346, § 22.

31-10-19. Driver education — Traffic safety education. [Contingent effective date; see note.]

1. The community college of Rhode Island shall provide thirty-three (33) hours of classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years of age, for a limited-instruction permit or license. The instruction shall include eight (8) hours, specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall be given by a person eligible for a teacher’s certificate issued under the authority of the state board of education and which course of instruction shall be approved by the state board of education. In case of emergency, the president of the community college of Rhode Island may declare, when no certified instructor is available to teach, that an individual eligible to teach at the community college of Rhode Island, who has taken the required course of instruction in driver education, may provide driver education instruction. All driver education programs shall include information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The state board of education shall ensure that each person properly certified and approved to instruct driver education courses shall be given an equal opportunity for employment as an instructor within the driver education program. No person teaching driver education under this section shall own, be employed by, or be associated with a commercial driving school.
2. Driver education instruction shall be available to any eligible resident applicant not less than fifteen (15) years and ten (10) months of age.
3. That the state shall also provide a separate program of instruction, as previously set forth in this section, for special needs students whose individual education plan (IEP) indicates a need for a separate program of instruction.
4. The community college of Rhode Island shall provide a driver training program for physically handicapped drivers. The program shall instruct the physically handicapped driver in the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by the handicapped individual. A physically handicapped person must be certified by a licensed physician that he or she is physically handicapped and possesses sufficient potential to become a competent motor vehicle operator. The community college of Rhode Island shall establish a tuition fee sufficient to cover the cost of the program.
5. A tuition or enrollment fee shall be required to be paid by an eligible applicant in accordance with rules and regulations of the state board of education; provided, that personal checks shall be an acceptable method of payment of the tuition or enrollment fee. The tuition or enrollment fee shall be deposited in a restricted receipt account established to pay any and all costs associated with the driver education program at the community college of Rhode Island and administered by the community college of Rhode Island.
6. The state board of education is authorized to establish administrative regulations to further implement this section.
7. The community college of Rhode Island shall establish tuition fees sufficient to cover the cost of the program and the administration of the driver education program. All positions established to implement the driver education program and funded in full by driver education program fees shall be exempt from the full-time equivalency cap established in Article 1 of the Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004, the actual number of filled positions funded exclusively by driver education fees to the chairperson of the house finance committee, the chairperson of the senate finance committee, and the state budget officer.
8. Notwithstanding any other provisions of this section, the state board of education shall provide for a required course of instruction for the applicant’s parent, guardian, or designee where applicable, on the content of the driver education curriculum and the requirements for the graduated licensing for persons under the age of eighteen (18) as contained in § 31-10-6 . The course of instruction shall be made available in a classroom setting at numerous locations, days, and times throughout the state, approved by the community college of Rhode Island. All costs and expenses associated with the course of instruction, including, but not limited to, materials, instructors, and location fees shall be at the sole expense of the program providers. Once approved by the state board of education, an online course of instruction shall be made available to parent(s), guardian(s), or designee(s), where applicable, to meet the requirements of this section. Under no circumstances shall any parent, guardian, or designee, where applicable, be required to pay any cost or fee in association with participation in the course required by this section. Upon completion of the course pursuant to this section, no parent, guardian, or designee shall be required to take the course more than one time in a five-year (5) period. Parents, guardians, and designees with multiple children having completed this course shall be deemed to have satisfied this requirement for each child in their care applying for his or her license during the five-year (5) period. Should AAA or any other provider cease to provide the course and no other provider exists, the community college of Rhode Island shall not be required to provide the course of instruction nor shall it be required to pay any of the costs associated therewith. Parents, guardians, and designees shall not be required to complete the course prior to their child obtaining a license during any time at which a qualified program under this section does not exist. The community college of Rhode Island shall be responsible to develop the course of instruction and content for the parent instruction, or may approve a similar course of instruction, such as AAA’s course, as equivalent to it, and shall promulgate regulations and establish the appropriate method of providing the instruction. Should a qualified program cease to exist for a period of time greater than six (6) months, the course of instruction will not be required.
9. Dangers of distracted driving, including, but not limited to, use of cell phones would be included in this section curriculum and included in all testing as part of the state’s driver’s license examination.

History of Section. P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; G.L. 1956, § 31-10-19 ; P.L. 1970, ch. 111, § 8; P.L. 1971, ch. 73, § 1; P.L. 1981, ch. 222, § 1; P.L. 1983, ch. 167, art. XI, § 1; P.L. 1984, ch. 129, § 1; P.L. 1986, ch. 287, art. 7, § 1; P.L. 1987, ch. 111, § 1; P.L. 1987, ch. 312, § 1; P.L. 1989, ch. 135, § 1; P.L. 1990, ch. 253, § 1; P.L. 1995, ch. 370, art. 40, § 103; P.L. 1998, ch. 295, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 376, § 1; P.L. 1998, ch. 386, § 1; P.L. 2003, ch. 217, § 1; P.L. 2003, ch. 361, § 1; P.L. 2009, ch. 112, § 1; P.L. 2009, ch. 150, § 1; P.L. 2013, ch. 52, § 1; P.L. 2013, ch. 61, § 1; P.L. 2017, ch. 156, § 1; P.L. 2017, ch. 160, § 1; P.L. 2018, ch. 346, § 22.

31-10-20. Driver education course requirement before licensing.

1. No limited-instruction permit or license shall be issued to any person not more than eighteen (18) years of age unless that person shall have successfully completed a course of instruction as provided in § 31-10-19 , or a similar course of instruction recognized by the state board of education as equivalent to it. However, any person who is over eighteen (18) years of age and has been a holder of a motor vehicle operator’s license issued to that person by any other state, territory, or possession of the United States, or any other sovereignty for a period of one year immediately prior to his or her application for a license under this chapter shall not be required to comply with the provisions of this section.
2. Commencing on July 1, 2004, no limited-instruction permit or license shall be issued to any person not more than eighteen (18) years of age unless that person shall have successfully completed a course of instruction as provided in § 31-10-19 , or a similar course of instruction in another state recognized by the state board of education as equivalent to it. In determining whether a course is equivalent, the state board of education shall at a minimum require: (1) That the course consist of at least thirty-three (33) instructional hours that substantially conform with the current curriculum utilized by the instructor(s) at the Community College of Rhode Island, including a minimum of three (3) hours of instruction focusing upon specific Rhode Island traffic laws, the specific requirements of the Rhode Island graduated-licensing statute in § 31-10-6 , and eight (8) hours specifically for instruction on the effects of alcohol and drugs on a driver. All driver’s education programs shall include information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23; (2) That the instructor holds a valid teacher’s certificate; (3) That the instructor satisfactorily completes at least a three-credit (3) course in traffic safety education at an accredited institution of higher education; and (4) That the program does not offer outside the classroom road test instruction or driving lessons to Rhode Island students. However, any person who is over eighteen (18) years of age and has been a holder of a motor vehicle operator’s license issued to that person by any other state, territory, or possession of the United States, or any other sovereignty for a period of one year immediately prior to his or her application for a license under this chapter shall not be required to comply with the provisions of this section.
3. The driver’s education course and driver’s license examination shall include material pertaining to a driver’s rights and responsibilities when stopped by a law enforcement officer as explained during the driver education course, including, but not limited to, rights provided to drivers pursuant to chapter 21.2 of title 31, the “comprehensive community-police relationship act of 2015.”

History of Section. P.L. 1960, ch. 189, § 1; G.L. 1956, § 31-10-20 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 142, § 1; P.L. 1998, ch. 371, § 1; P.L. 1998, ch. 386, § 1; P.L. 2002, ch. 116, § 1; P.L. 2003, ch. 218, § 1; P.L. 2003, ch. 329, § 1; P.L. 2004, ch. 327, § 1; P.L. 2004, ch. 372, § 1; P.L. 2018, ch. 131, § 1; P.L. 2018, ch. 291, § 1.

31-10-21. Written and eye examination.

1. Every applicant for a license to operate a motor vehicle upon the public highways shall be required by the division of motor vehicles to show, by examination or otherwise, the ability to read and understand highway signs regulating, warning, and directing traffic, the proper knowledge of the operation and mechanism of motor vehicles, the rules of the road, the motor vehicle law, and such other qualifications as will demonstrate that the applicant is a proper and safe person to operate a motor vehicle upon the public highways. The examination shall include a test of the applicant’s eyesight. Notwithstanding the foregoing,
2. Any person who has successfully completed a driver education course as set forth in § 31-10-19 and who has passed a standardized written driver’s license examination approved by the director of the department of revenue shall not be required to take the written examination. The director of the department of revenue shall develop a standardized written driver’s license examination which shall be administered by certified driver education instructors at the completion of each driver’s education course.
3. An applicant, within six (6) months of having been certified by the department of elementary and secondary education as having passed a written examination administered by that department, shall, upon completion of an eyesight test by the division of motor vehicles, be considered in compliance with this section.

History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-18 ; G.L. 1956, § 31-10-21 ; P.L. 1962, ch. 204, § 1; P.L. 1987, ch. 326, § 1; P.L. 1987, ch. 454, § 1; P.L. 2008, ch. 98, § 9; P.L. 2008, ch. 145, § 9.

31-10-22. Road test.

1. All applicants for a motor vehicle license shall pass a motor vehicle road test as prescribed by the administrator of the division of motor vehicles in a motor vehicle supplied by the applicant or in a dual-controlled motor vehicle supplied by the state. In the case of the examination for a chauffeur to operate a truck, tractor, trailer, tractor semi-trailer, bus, or other vehicle for hire, or a person who will operate only a vehicle equipped with automatic shift, or a person who is disabled and requires the use of a specially equipped motor vehicle, the person shall be examined in a vehicle furnished by the person. At the option of any person who is disabled, the road test shall be administered by the local office of the division of motor vehicles nearest that person’s home. A fee of twenty-five dollars ($25) shall be charged for all road tests, including repeat road tests, following failure of a road test.
2. Any applicant for a motor vehicle license with limited English proficiency (LEP) may, during the road test, be accompanied by an interpreter, at the applicant’s own expense and choosing, who may translate the road test examiner’s directions to the applicant. The interpreter shall be eighteen (18) years of age or older. The applicant shall be responsible for and assume all liability for the presence of the interpreter in the motor vehicle. The division of motor vehicles is authorized and directed to promulgate rules and regulations necessary to carry out the provisions of this subsection.

History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-19 ; G.L. 1956, § 31-10-22 ; P.L. 1962, ch. 204, § 1; P.L. 1987, ch. 93, § 1; P.L. 1999, ch. 83, § 69; P.L. 1999, ch. 130, § 69; P.L. 2010, ch. 23, art. 9, § 6; P.L. 2017, ch. 356, § 1.

31-10-23. Examiners not liable for acts of persons being examined.

The investigators or examiners in the employ of the division of motor vehicles shall not be liable for the acts of any person who is being examined by the investigators or examiners.

History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-20 ; G.L. 1956, § 31-10-23 ; P.L. 1962, ch. 204, § 1.

31-10-24. Applicants excused from road test.

The provisions of § 31-10-22 shall not apply in the case of an applicant who already has been granted a valid operator’s license issued by a state or federal agency which has a reciprocal agreement with the state of Rhode Island in the matter of requirements for operator’s licenses. Also, § 31-10-22 shall not apply when an examiner of the division of motor vehicles is examining any student of a public or parochial educational institution which offers a course in driver training education acceptable to the division of motor vehicles, provided that the motor vehicle used by the educational institution for driver training education in which the student has received his or her driver training has been equipped with a dual control.

History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-21 ; G.L. 1956, § 31-10-24 ; P.L. 1962, ch. 204, § 1.

31-10-25. Repealed.

History of Section. P.L. 1950, ch. 2595, art. 15, § 11; G.L. 1956, § 31-10-22 ; G.L. 1956, § 31-10-25 ; P.L. 1962, ch. 204, § 1; Repealed by P.L. 1998, ch. 89, § 2, effective July 3, 1998.

31-10-26. Issuance of license.

1. The division of motor vehicles shall, upon payment of the required fee, issue to every qualifying applicant an operator’s or chauffeur’s license. The license shall be approximately two and one-half inches (21/2") wide and three and one-half inches (31/2") long and shall bear on it a distinguishing number assigned to the licensee; the full name; date of birth; residence address; brief description of the licensee; a photograph of the licensee; whether the licensee has indicated a desire to donate tissue or organs pursuant to the provisions of chapter 18.6.1 of title 23; and either a space upon which the licensee shall write his or her usual signature with pen and ink or a facsimile of the signature of the licensee. No license shall be valid until it has been so signed by the licensee designated on it. A negative file of all photographs of licensees shall be maintained by the division of motor vehicles for a period of five (5) years.
2. The division of motor vehicles shall issue an operator’s or chauffeur’s license pursuant to this chapter to every qualifying applicant, including, but not limited to, any current or past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) program, provided any applicant subject to the DACA program shall provide evidence of having received the grant from the United States Citizenship and Immigration Services.
3. The division of motor vehicles shall issue special licenses to those licensees who have indicated that they desire to donate tissue or organs, which conform to the provisions of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
4. Any person who is a law enforcement officer, meaning any permanently employed member of the state, city, or town police departments, sheriffs and deputy sheriffs, members of the marshal’s unit, capitol police, and the state fire marshal and deputy fire marshals of the division of building, design and fire professionals or a member of the department of attorney general, any permanently employed federal law enforcement officer assigned in Rhode Island, or any member of the United States Attorney’s Office in Rhode Island or any employee of the R.I. department of corrections, as recommended by the director of the department of corrections, upon request of the applicant, shall be issued a license that contains the applicant’s official business address in lieu of a residence address as required under the general provisions of this section.
5. The license issued to a person applying for the first time shall be designated as a “first license.” A first license shall be issued for a one-year period after which time a permanent driver’s license shall be issued according to this section.
6. If an applicant has been adjudicated for committing one moving motor vehicle violation, has been involved in one reportable motor vehicle accident, or both, he or she shall be summoned for a hearing before a judge of the traffic tribunal at which time the driving record will be reviewed. The traffic tribunal judge shall determine if the person should be granted an operator’s license, be reissued a first license, or be denied a license to operate a motor vehicle in the state of Rhode Island.
7. Any person who is under the age of twenty-one (21) years shall, upon payment of the required fee and upon meeting the qualifications for the receipt of an operator’s or chauffeur’s license, be issued a license that shall be readily distinguishable in color from those licenses issued to persons who are twenty-one (21) years of age or older. When a person under the age of twenty-one (21) years to whom a license has been issued and whose license is in full force and effect, attains his or her twenty-first birthday, he or she shall be entitled to receive a new license of the type issued to persons who are older than the age of twenty-one (21) years from the administrator of the division of motor vehicles upon demand at no expense. Every person shall supply to the division of motor vehicles satisfactory proof of his or her date of birth.
8. The division of motor vehicles shall issue special licenses upon the request of a licensee that conform to the provisions of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
9. The division of motor vehicles shall note in an appropriate manner a restriction on any person’s license who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system as provided in chapter 27 of this title.
10. Any personal digitized information contained within an operator’s or chauffeur’s license shall be limited to: (a) the licensee’s name, age, date of birth, address, gender, physical description such as weight, height, hair color and eye color, signature and organ donor status; and (b) the license number, commercial endorsements, expiration date, issue date, restriction, and class.
11. Except to the extent an entity is authorized to renew drivers’ licenses, or except for financial institutions engaged in the verification of information for financial transactions, nongovernmental entities shall not have access to any digitized information contained in an operator’s or chauffeur’s license other than the licensee’s name, age, date of birth, signature, and photographic image, and the license’s expiration date; nor shall they store, record, or retain any such information obtained through a digital reading device. Access to digitized information by these entities shall be solely for the purpose of determining the age of an individual for a transaction, right, or privilege available by law only to persons of a certain age.
12. To the extent that nongovernmental entities shall have access to the digitized information stored on an operator’s or chauffeur’s license, the entity shall be civilly liable for the unauthorized access to, or retention or use of, the information by its agents or persons acting in the name of the entity.
13. The division of motor vehicles shall collect from applicants and licensees their social security numbers and tax identification numbers only to the extent required by federal law. The numbers shall not be included, either digitally or visually, on the operator’s or chauffeur’s license.
14. Issuance of a Rhode Island operator’s license under this chapter to a current or past recipient of a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) program shall not confer the right to vote in the state of Rhode Island.

History of Section. P.L. 1950, ch. 2595, art. 15, § 12; G.L. 1956, § 31-10-23 ; G.L. 1956, § 31-10-26 ; P.L. 1962, ch. 204, § 1; P.L. 1966, ch. 61, § 1; P.L. 1969, ch. 122, § 1; P.L. 1970, ch. 316, § 1; P.L. 1974, ch. 206, § 1; P.L. 1976, ch. 57, § 2; P.L. 1978, ch. 175, § 1; P.L. 1978, ch. 286, § 1; P.L. 1984, ch. 371, § 1; P.L. 1986, ch. 148, § 1; P.L. 1986, ch. 180, § 1; P.L. 1989, ch. 157, § 1; P.L. 1990, ch. 35, § 1; P.L. 1990, ch. 136, § 1; P.L. 1991, ch. 354, § 6; P.L. 1992, ch. 405, § 4; P.L. 1992, ch. 465, § 1; P.L. 1995, ch. 109, § 1; P.L. 1997, ch. 30, art. 28, § 8; P.L. 1997, ch. 110, § 1; P.L. 2004, ch. 462, § 1; P.L. 2018, ch. 35, § 1; P.L. 2018, ch. 36, § 1.

31-10-26.1. Anatomical gifts by drivers.

1. The division of motor vehicles shall cause to be sent to each person applying for or renewing a license, as provided for in § 31-10-26 , a document containing a summary description and explanation of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
2. The division of motor vehicles may, on behalf of the state accept and deposit with the general treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this section and to expend the grant, gift, or contribution for those purposes.
3. The division of motor vehicles may make and sign any agreements and may do and perform any and all acts which may be necessary or desirable to carry out the purposes of this section.
4. The division of motor vehicles shall issue special licenses upon request of a licensee which conform to the provisions of the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
5. Neither the administrator of the division of motor vehicles nor any employee of the state shall be liable in any suit for damages as a result of his or her acts or omissions or for any action under the provisions of this section.
6. The division of motor vehicles shall cause to be posted in all of its customer service locations a sign or other material encouraging persons to make anatomical gifts during the process of issuing and renewing licenses provided for in § 31-10.1-1 and in accordance with the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23.
7. The division of motor vehicles shall cause to be produced application forms and renewal forms for driver’s licenses and nonoperator identification cards that clearly offer Rhode Island residents the option to consent to organ and tissue donation in accordance with § 31-10.1-8 . Only a “yes” or affirmative response will be noted. Information held by the division of motor vehicles regarding a person’s consent to donate shall constitute the “Rhode Island Donor Registry.” This information will be made available to all federally designated organ procurement organizations and law enforcement organizations twenty-four (24) hours a day via a password protected Internet connection and will only be used to facilitate anatomical gifts in accordance with the Revised Uniform Anatomical Gift Act, chapter 23-18.6.1.
8. The division of motor vehicles shall develop by January 1, 2008 a method that requires written consent and confirmation to allow residents of Rhode Island to have their names accurately added to or deleted from the division’s Rhode Island Donor Registry in the periods between mandated driver’s license renewals. Persons added to the Donor Registry in this manner shall be considered as having made a document of gift.

History of Section. P.L. 1978, ch. 286, § 2; P.L. 1998, ch. 49, § 1; P.L. 1998, ch. 50, § 1; P.L. 2000, ch. 109, § 62; P.L. 2003, ch. 392, § 1; P.L. 2007, ch. 476, § 3.

31-10-27. License to be carried and exhibited on demand.

1. Every licensee shall have his or her operator’s or chauffeur’s license in his or her immediate possession at all times when operating a motor vehicle and shall display the license upon the demand of any peace office or inspector of the division of motor vehicles and shall, upon request by any proper officer, write his or her name in the presence of that officer for the purpose of being identified. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer an operator’s or chauffeur’s license previously issued to him or her and valid at the time of his or her arrest.
2. Every school bus operator shall display in a prominent place in the bus he or she is operating both a valid chauffeur’s license or a reasonable facsimile of it, and a valid school bus driver’s certificate, both of which have been issued by this state under the provisions of this title. A display case shall be provided to display these documents by the registered owner.

History of Section. P.L. 1950, ch. 2595, art. 15, § 13; G.L. 1956, § 31-10-25 ; G.L. 1956, § 31-10-27 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 413, § 1; P.L. 1988, ch. 372, § 1; P.L. 2000, ch. 109, § 62.

31-10-28. Restricted licenses.

1. The division of motor vehicles, upon issuing an operator’s or chauffeur’s license, shall have the authority whenever good cause appears to impose restrictions suitable to the licensee’s driving ability with respect to the type of, or special mechanical control devices required on a motor vehicle which the licensee may operate or the other restrictions applicable to the licensee as the division of motor vehicles may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
2. The division of motor vehicles may either issue a special restricted license or may set forth such restrictions upon the usual license form. In the case of an individual who, because of any visual disability, is prohibited from operating a motor vehicle in darkness, the division of motor vehicles, upon receipt of an affidavit from a licensed physician or ophthalmologist certifying that the individual is capable of operating a motor vehicle during the daylight hours, may issue a special restricted license permitting the individual to operate a motor vehicle only during the daylight hours.
3. The division of motor vehicles may upon receiving satisfactory evidence of any violation of the restrictions of a restricted license suspend or revoke the license but the licensee shall be entitled to a hearing as upon a suspension or revocation under chapter 2 of this title.
4. It is a civil violation for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to that person.

History of Section. P.L. 1950, ch. 2595, art. 15, § 14; G.L. 1956, § 31-10-24 ; G.L. 1956, § 31-10-28 ; P.L. 1962, ch. 204, § 1; P.L. 1986, ch. 280, § 1; P.L. 1999, ch. 218, art. 6, § 4.

31-10-29. Duplicate certificates.

In the event that an instruction permit or operator’s or chauffeur’s license issued under the provisions of this chapter is lost or destroyed, the person to whom the permit or license was issued may apply for the permit or license, and upon payment of the required fee of ten dollars ($10.00) obtain a duplicate certificate. The applicant shall furnish proof satisfactory to the division of motor vehicles that the permit or license has been lost or destroyed.

History of Section. P.L. 1950, ch. 2595, art. 15, § 15; G.L. 1956, § 31-10-29 ; P.L. 1962, ch. 204, § 1; P.L. 1988, ch. 197, § 1; P.L. 1990, ch. 10, art. 1, § 3.

31-10-30. Expiration and renewal of licenses.

Every operator’s and chauffeur’s first license to operate a motor vehicle shall be by the issuance of a temporary license for the period beginning at the date of issuance and expiring on the birthday of the licensee in the second year following the issuance of the temporary license. Every operator’s and chauffeur’s license issued after expiration of the temporary license shall expire on the birthday of the licensee in the fifth year following the issuance of the license, with the exception of any person seventy-five (75) years of age or older whose license shall expire on the birthday of the licensee in the second year following the issuance of the license, and shall be renewable on or before expiration upon application and payment of the fee required by this chapter. The administrator of the division of motor vehicles, having good cause to believe the applicant for renewal is incompetent or otherwise not qualified, may require an examination of the applicant as upon an original application; provided, however, if the renewal applicant is applying for a commercial driver’s license and is in possession of a valid medical examination certificate issued pursuant to federal motor carrier safety regulations 49 CFR 391.41-391.49 that applicant shall be deemed to be competent and qualified under this chapter. The administrator of the division of motor vehicles is authorized to adopt any regulations necessary to carry out the purposes of this section. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1950, ch. 2595, art. 15, § 16; P.L. 1954, ch. 3337, § 1; G.L. 1956, § 31-10-30 ; P.L. 1960, ch. 63, § 1; P.L. 1962, ch. 204, § 1; P.L. 1968, ch. 157, § 1; P.L. 1969, ch. 98, § 1; P.L. 1984, ch. 439, § 2; P.L. 2002, ch. 292, § 106; P.L. 2008, ch. 159, § 1; P.L. 2008, ch. 195, § 1; P.L. 2010, ch. 93, § 1; P.L. 2010, ch. 116, § 1.

31-10-31. Fees.

The following fees shall be paid to the division of motor vehicles:

1. For every operator’s first license to operate a motor vehicle, twenty-five dollars ($25.00);
2. For every chauffeur’s first license, twenty-five dollars ($25.00); provided, that when a Rhode Island licensed operator transfers to a chauffeur’s license, the fee for the transfer shall be two dollars ($2.00);
3. For every learner’s permit to operate a motorcycle, twenty-five dollars ($25.00);
4. For every operator’s first license to operate a motorcycle, twenty-five dollars ($25.00);
5. For every renewal of an operator’s or chauffeur’s license, thirty dollars ($30.00); with the exception of any person seventy-five (75) years of age or older for whom the renewal fee will be eight dollars ($8.00);
6. For every duplicate operator’s or chauffeur’s license and every routine information update, i.e., name change or address change, twenty-five dollars ($25.00);
7. For every certified copy of any license, permit, or application issued under this chapter, ten dollars ($10.00);
8. For every duplicate instruction permit, ten dollars ($10.00);
9. For every first license examination, five dollars ($5.00);
10. For surrender of an out-of-state license, in addition to the above fees, five dollars ($5.00).

History of Section. P.L. 1950, ch. 2595, art. 18, § 1; P.L. 1952, ch. 2937, § 10; P.L. 1954, ch. 3337, § 2; G.L. 1956, § 31-10-31 ; P.L. 1960, ch. 63, § 2; P.L. 1962, ch. 204, § 1; P.L. 1984, ch. 439, § 1; P.L. 1990, ch. 10, art. 1, § 1; P.L. 1991, ch. 98, § 1; P.L. 2005, ch. 117, art. 24, § 2; P.L. 2008, ch. 159, § 1; P.L. 2008, ch. 195, § 1; P.L. 2010, ch. 23, art. 9, § 6; P.L. 2012, ch. 164, § 3; P.L. 2012, ch. 249, § 3; P.L. 2018, ch. 47, art. 8, § 2.

31-10-32. Notice of change of address or name.

Whenever any person after applying for or receiving an operator’s or chauffeur’s license shall move from the address named in his or her application or in the license issued to him or her, or when the name of a licensee is changed by marriage or otherwise, that person shall within ten (10) days thereafter notify the division of motor vehicles in writing of his or her old and new addresses or of his or her former and new names and of the number of any license then held by him or her. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1950, ch. 2595, art. 15, § 17; G.L. 1956, § 31-10-28 ; G.L. 1956, § 31-10-32 ; P.L. 1962, ch. 204, § 1; P.L. 2002, ch. 292, § 106.

31-10-33. Records to be kept by the division of motor vehicles.

1. The division of motor vehicles shall file every application for a license received by it and shall maintain suitable indexes containing, in alphabetical order:
   1. All applications denied and on each application shall note the reasons for the denial;
   2. All applications granted; and
   3. The name of every licensee whose license has been suspended or revoked and after each name shall note the reasons for the action.
2. The division of motor vehicles shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this state. The division shall maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of that licensee and the traffic accidents in which the licensee has been involved shall be readily ascertainable and available for the consideration of the division of motor vehicles upon any application for a renewal of license and at other suitable times.

History of Section. P.L. 1950, ch. 2595, art. 15, § 18; G.L. 1956, §§ 31-10-26 , 31-10-27 ; G.L. 1956, § 31-10-33 ; P.L. 1962, ch. 204, § 1.

31-10-34 — 31-10-34.4. Repealed.

History of Section. P.L. 1976, chs. 218, 254, § 1; P.L. 1977, ch. 103, § 1; P.L. 1978, ch. 379, § 1; P.L. 1981, ch. 415, § 1; P.L. 1985, ch. 118, § 1; P.L. 1999, ch. 105, § 4; P.L. 2001, ch. 180, § 66; Repealed by P.L. 2005, ch. 20, § 9, and by P.L. 2005, ch. 27, § 9, effective May 5, 2005.

31-10-34.5. Transfer of functions to administrator of division of motor vehicles.

On May 4, 2005 all functions, services performed, responsibilities and duties formerly of the drivers’ training school licensing board are hereby transferred to the administrator of the division of motor vehicles.

History of Section. P.L. 2005, ch. 20, § 10; P.L. 2005, ch. 27, § 10; P.L. 2010, ch. 239, § 28.

31-10-35. Commercial drivers’ school license required.

No person, unless licensed under the provisions of this chapter, shall engage in the business of giving instruction for compensation in the driving of motor vehicles and motorcycles. However, no license shall be required of a person who is engaged in teaching in a regularly recognized secondary school or college driver training program or a program in § 31-10.1-1.2 , which is approved by the division of motor vehicles.

History of Section. P.L. 1964, ch. 224, § 2; P.L. 2000, ch. 109, § 62; P.L. 2008, ch. 96, § 3; P.L. 2008, ch. 147, § 3.

31-10-36. Application for commercial drivers’ school license.

An application for a commercial drivers’ school license shall be made upon the form prescribed by the administrator of the division of motor vehicles and shall contain the name and address of the applicant, the location or locations of the proposed school, and any other pertinent information as may be required by the administrator of the division of motor vehicles to safeguard the public interest. Every application shall be accompanied by the fee required by law.

History of Section. P.L. 1964, ch. 224, § 2.

31-10-37. Fee — Expiration of license — Duplicates.

The fee for each application for a commercial drivers’ school license shall be fifty dollars ($50.00). The license shall be granted or denied by the administrator of the division of motor vehicles within thirty (30) days after the application has been filed. The license shall expire, unless sooner revoked or suspended, on the 30th day of June following its effective date. The administrator of the division of motor vehicles shall issue a separate license certificate for each location designated by the applicant and the certificate shall be displayed at that location. In case of the loss, mutilation, or destruction of a certificate, the administrator of the division of motor vehicles shall issue a duplicate of it upon proof of the facts and payment of a fee of one dollar ($1.00).

History of Section. P.L. 1964, ch. 224, § 2.

31-10-38. Denial, suspension, or revocation of commercial drivers’ school licenses.

The administrator of the division of motor vehicles may deny an application for a license or suspend or revoke a license after it has been granted for any of the following reasons:

1. A material misstatement by the applicant in his or her application for a license or the concealing of a material fact in connection with it.
2. The applicant or any partner, officer, director, or stockholder in the school had previously held a drivers’ school license or was a partner, officer, director, or stockholder in a school which held a drivers’ school license, and that license was revoked or suspended by the administrator of the division of motor vehicles.
3. The applicant or any partner, officer, director, stockholder, or employee in the school was convicted of any felony or misdemeanor.
4. The applicant fails to furnish satisfactory evidence of good character, reputation, and fitness.
5. Any willful failure to comply with the provisions of this chapter or with any rule or regulation promulgated by the administrator of the division of motor vehicles establishing instructional standards and procedures.
6. Any conduct or representation by the applicant or any partner, officer, director, stockholder, or employee in the school tending to give the impression that a license to operate a motor vehicle or motorcycle or any other license or registration granted by the division of motor vehicles may be obtained by any means other than the means prescribed by law or tending to induce any person to resort to fraudulent representation, circumvention, concealment, or subterfuge in order to secure a license to drive a motor vehicle or motorcycle.
7. Knowingly employing as an instructor a person who has been convicted of a felony or misdemeanor.
8. Failure to furnish with the first application a copy of, or thereafter to maintain in force, a standard liability insurance policy approved by the administrator of the division of motor vehicles in the amount of ten thousand dollars ($10,000) for personal injury to or death of any one person, twenty thousand dollars ($20,000) for personal injury to or death of any number of persons involved in any one accident, and five thousand dollars ($5,000) for property damage in any one accident, suffered or caused by reason of the negligence of the applicant or licensee or his or her agent or employee.
9. The applicant does not hold a currently effective certificate issued by a college or school whose course in basic driver education is approved by the state board of education, manifesting the satisfactory completion of that course.

History of Section. P.L. 1964, ch. 224, § 2.

31-10-39. Instructor’s license required.

No person, unless licensed by the administrator of the division of motor vehicles, shall be employed by any commercial drivers’ school licensee to give instruction to drive a motor vehicle or motorcycle. An application for an instructor’s license shall contain the name and address of the applicant, the name and address of the school employing the applicant, and any other pertinent information that may be required by the administrator of the division of motor vehicles to safeguard the public interest. Every application shall be verified by the oath or affirmation of the applicant and shall be accompanied by the fee required by law.

History of Section. P.L. 1964, ch. 224, § 2; P.L. 2000, ch. 109, § 62.

31-10-40. Fee — Expiration of instructor’s license.

The fee for each application for an instructor’s license shall be fifteen dollars ($15.00). The license shall be granted or denied by the administrator of the division of motor vehicles within thirty (30) days after the application and shall expire, unless sooner revoked or suspended, on the thirtieth (30th) day of June following its effective date.

History of Section. P.L. 1964, ch. 224, § 2.

31-10-41. Denial, suspension, or revocation of instructor’s license.

The administrator of the division of motor vehicles may deny an application for an instructor’s license or suspend or revoke an instructor’s license after it has been granted for the following reasons:

1. Any reason set forth in subdivisions (1) — (9) of § 31-10-38 .
2. The applicant’s driving record shows that he or she is not a careful driver.
3. The applicant has not attained the age of twenty-one (21) years.

History of Section. P.L. 1964, ch. 224, § 2.

31-10-42. Hearing on denial, suspension, or revocation of driver’s school or instructor’s licenses — Review.

1. The administrator of the division of motor vehicles shall notify an applicant for a driver’s school or instructor’s license of the denial of his or her application and a licensee of the proposed suspension or revocation of his or her license by mailing to the applicant or licensee, postage prepaid, a written notice stating the ground or grounds for the denial or proposed suspension or revocation and designating the place and a time not less than five (5) days later for a hearing thereon before the administrator of the division of motor vehicles, if a hearing is requested by the applicant or licensee. The administrator of the division of motor vehicles may adopt reasonable rules and regulations governing the procedure to be followed in any matter that may come before him or her for hearing, may administer oaths, subpoena and examine witnesses, compel the production of documents and other evidence, take depositions of witnesses residing without the state, and order payment of witness fees and mileage, all in the same manner as in civil actions in the superior court. The administrator of the division of motor vehicles, however, shall not be bound by technical rules of evidence.
2. Any person aggrieved by the denial of an application or the suspension or revocation of a license may, within thirty (30) days from the date the notice is mailed to that person, file in the supreme court a petition, duly verified, for a writ of certiorari, setting forth that the decision is illegal in whole or in part and specifying the grounds of illegality. Upon presentation of that petition, the court may allow a writ of certiorari directed to the administrator of the division of motor vehicles to review the decision of the administrator of the division of motor vehicles and shall prescribe in it the time within which return must be made. The allowance of the writ shall not stay proceedings upon the decision or the effect of them, but the court, upon application of the person aggrieved, may stay those proceedings or the effect of them.

History of Section. P.L. 1964, ch. 224, § 2.

31-10-43. Penalties for violations.

Any person violating the provisions of § 31-10-6 , 31-10-35 , or 31-10-39 shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding two hundred dollars ($200) or be imprisoned not exceeding three (3) months.

History of Section. P.L. 1964, ch. 224, § 2; P.L. 1990, ch. 253, § 1.

31-10-44. Medical advisory board.

1. There shall be established within the division of motor vehicles a medical advisory board to function solely as an advisory panel to the administrator of the division of motor vehicles on the subjects of physical and mental fitness standards for licensure to operate a motor vehicle and eligibility standards for disability parking privileges. When any person’s eligibility or continuing eligibility for a license is questioned on the grounds of physical or mental fitness, the administrator of the division of motor vehicles may consult with relevant specialist members of the medical advisory board in determining that person’s qualifications to operate a motor vehicle. The administrator of the division of motor vehicles may also consult with relevant specialist members of the medical advisory board in making determinations of eligibility for disability parking privileges.
2. In accordance with chapter 35 of title 42, the administrator of the division of motor vehicles shall establish by regulations functional standards for determining physical and mental fitness for motor vehicle licensure. The promulgated standards will be based on current medical knowledge and objective data regarding fitness to safely operate motor vehicles, and will conform to the requirements of the Americans With Disabilities Acts and chapter 87 of title 42. In developing those functional standards the administrator of the division of motor vehicles shall consult with knowledgeable health and rehabilitation professionals including the Medical Society of Rhode Island and the medical advisory board.
3. The medical board shall consist of a physician in general practice, a neurologist, a psychiatrist, an optometrist, and an orthopedic physician who shall be appointed by the governor; a physician from the Rhode Island department of health designated by the director of health who shall serve ex officio; and two (2) members of the general public approved by the governor, one of whom shall be representative of the elderly, and one of whom shall be representative of the people who are disabled. These members shall be appointed for a period of three (3) years.
4. Any physician or optometrist who diagnoses a physical or mental condition which in the physician’s or optometrist’s judgment will significantly impair the person’s ability to operate safely a motor vehicle may voluntarily report the person’s name and other information relevant to the condition to the medical advisory board within the division of motor vehicles.
5. Any physician or optometrist reporting in good faith and exercising due care shall have immunity from any liability, civil or criminal, that otherwise might result by reason of his or her actions pursuant to this section. No cause of action may be brought against any physician or optometrist for not making a report pursuant to this section.
6. For the purposes of this section, a “physician” is any person practicing medicine requiring a license pursuant to chapter 37 of title 5, and an “optometrist” is any person as defined in § 5-35-1 .
7. Members of the medical board shall not be compensated for their services on the board. They shall meet at the request of the administrator of the division of motor vehicles at a time convenient to them.

History of Section. P.L. 1967, ch. 185, § 1; P.L. 1980, ch. 226, § 22; P.L. 1982, ch. 414, § 13; P.L. 1984, ch. 225, § 1; P.L. 1986, ch. 502, § 1; P.L. 1998, ch. 89, § 1; P.L. 1999, ch. 83, § 69; P.L. 1999, ch. 130, § 69; P.L. 2000, ch. 109, § 62; P.L. 2005, ch. 117, art. 21, § 27.

31-10-45. Safety belts.

Each licensee of a driver school shall equip the front seats of school training vehicles with safety belts for the instructor and the student, and the student shall wear a safety belt during road instruction.

History of Section. P.L. 1985, ch. 422, § 1.

31-10-46. Driver education course — Credit given.

A driver education student who passes the driver education course but fails the learner’s permit examination shall be given credit for passing the driver education course and need not retake it provided the student within ten (10) days retakes the learner’s permit examination at the division of motor vehicles and passes it.

History of Section. P.L. 1988, ch. 330, § 1.

31-10-47. Notification of selective service registration requirement.

1. Any male, United States citizen or immigrant who is at least eighteen (18) years of age, but less than twenty-six (26) years of age shall be registered in compliance with the requirements of section 3 of the “Military Selective Service Act”, 50 U.S.C. App. 451 et seq., when applying to receive a driver’s license, renewal or identification card or renewal.
2. The division of motor vehicles shall forward in an electronic format the name, address, date of birth, social security number, if applicable to the applicant, and date of application to the selective service system. The applicant’s submission of the application shall serve as an indication that the applicant has already registered with the selective service or that he is authorizing the department to forward to the selective service the necessary information for such registration. The department shall notify the applicant on the application that his submission of the application will serve as his consent to be registered with the selective service system, if so required by federal law.
3. The provisions of this section shall apply to male United States citizens or immigrants between the ages of eighteen (18) and twenty-six (26) who are applying for issuance, renewal or duplicate of an instruction permit, a driver’s license, a provisional driver’s license, a commercial driver’s license, or an identification card on or after June 28, 2002.

History of Section. P.L. 2002, ch. 374, § 2; P.L. 2003, ch. 408, § 1.

31-10-48. Veteran designation on operator license.

1. The administrator of the division of motor vehicles shall, upon presentation of a United States Department of Defense (DD) FORM 214 or other acceptable documentation of military service and verification of an honorable discharge, issue a motor vehicle operator’s license or commercial driver’s license to the presenter that is clearly marked “veteran.”
2. The presentment of an operator’s license marked “veteran” shall have the same validity in retail establishments as the presentment of a certified, government-issued military identification card as eligibility for preferential treatment.

History of Section. P.L. 2012, ch. 164, § 2; P.L. 2012, ch. 249, § 2; P.L. 2015, ch. 206, § 1; P.L. 2015, ch. 225, § 1.

31-10.1-1. License required.

1. No resident of this state, except those expressly exempted in this chapter, shall drive any two-wheeled (2) 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 horsepower (4.9 h.p.) and not greater than fifty cubic centimeters (50 cc), which is capable of a maximum speed of not more than thirty miles per hour (30 m.p.h.), 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 .
2. No resident of this state, except those expressly exempted in this chapter, shall drive any three-wheeled (3) 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 horsepower (4.9 h.p.) and not greater than fifty cubic centimeters (50 cc), which is capable of a maximum speed of not more than thirty miles per hour (30 m.p.h.), 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 .
3. Any person currently licensed pursuant to this chapter, prior to March 1, 2022, shall continue to be permitted to operate both two-wheeled (2) and three-wheeled (3) motorcycles and motor-driven cycles without further examination.

History of Section. P.L. 1967, ch. 27, § 1; P.L. 1992, ch. 324, § 15; P.L. 1992, ch. 364, § 1; P.L. 1998, ch. 371, § 3; P.L. 1998, ch. 386, § 3; P.L. 2006, ch. 11, § 2; P.L. 2006, ch. 12, § 2; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

31-10.1-1.1. Motorcycle driver education program.

1. The council on postsecondary education and the office of the postsecondary commissioner shall through the Community College of Rhode Island provide:
   1. 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 council and/or the Community College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator’s license to operate two-wheeled (2) 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 council and/or the Community College of Rhode Island, for applicants or prospective applicants for a first motorcycle operator’s license to operate three-wheeled (3) motorcycles under this chapter. Instruction shall be given by a person eligible for a teacher’s certificate issued under the authority of the council on elementary and secondary education and/or certified to teach motorcycle safety classes by completion of a course of instruction recognized by the Community College of Rhode Island.
2. Motorcycle driver education programs shall be available to any eligible resident applicant holding a valid Rhode Island motor vehicle operator’s license.
3. The council on postsecondary education shall establish any fees that are deemed necessary to support this program.
4. The council on postsecondary education and the office of the postsecondary commissioner are authorized to establish regulations to further implement this chapter.

History of Section. P.L. 1978, ch. 184, § 1; P.L. 1983, ch. 131, § 1; P.L. 1984, ch. 367, § 1; P.L. 1992, ch. 364, § 1; P.L. 2002, ch. 309, § 1; P.L. 2008, ch. 96, § 1; P.L. 2008, ch. 147, § 1; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

31-10.1-1.2. Approved motorcycle rider education program.

1. The council on postsecondary 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 council and/or the Community College of Rhode Island.
2. 1. The course of instruction for operation of two-wheeled (2) motorcycles shall provide students with a minimum of sixteen and a half (161/2) 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-wheeled (3) motorcycles shall provide students with a minimum of sixteen and a half (161/2) 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.
3. 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-year (3) period prior to licensure as a motorcycle rider education instructor; and not more than three (3) moving violations within a five-year (5) 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.
4. Class sizes shall not exceed twenty-four (24) students in the classroom, and twelve (12) on the range during instruction.
5. A student, unless specified under § 31-10.1-2 , who successfully completes a department approved two-wheeled (2) 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-wheeled (3) 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 Foundation’s 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 council and/or the Community College of Rhode Island instructor number.
6. 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.
7. No state subsidies shall be provided to a dealer or association for operating a motorcycle driver education program under this section.
8. 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.
9. Each dealership and/or association seeking to provide a motorcycle driver education 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.

History of Section. P.L. 2008, ch. 96, § 2; P.L. 2008, ch. 147, § 2; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

31-10.1-2. Learner’s permit.

1. 1. Upon applying for a first license to drive a two-wheeled (2) 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-wheeled (2) motorcycle which entitles the holder to operate or drive a two-wheeled (2) motorcycle on the public highway, other than a 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-wheeled (3) 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-wheeled (3) motorcycle which entitles the holder to operate or drive a three-wheeled (3) motorcycle on the public highway, other than a 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.
2. 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.
3. 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 .
4. A motorcycle learner’s permit expires eighteen (18) months after it is issued.

History of Section. P.L. 1967, ch. 27, § 1; P.L. 1978, ch. 184, § 2; P.L. 1998, ch. 371, § 3; P.L. 1998, ch. 386, § 3; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

31-10.1-3. Examination.

1. All applicants for a two-wheeled (2) motorcycle, motor scooter, or motor-driven cycle license, except those exempted in 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.
2. All applicants for a three-wheeled (3) 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.
3. 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.

History of Section. P.L. 1967, ch. 27, § 1; P.L. 1987, ch. 362, § 1; P.L. 2021, ch. 412, § 1, effective March 1, 2022; P.L. 2021, ch. 413, § 1, effective March 1, 2022.

31-10.1-4. Required equipment.

Operators of motorcycles, motor scooters, and motor-driven cycles shall use eye protection of a type approved by the administrator of the division of motor vehicles when operating their vehicles on streets and highways. Every motorcycle, motor scooter, and motor-driven cycle shall be equipped with a rear view mirror. Any operator under the age of twenty-one (21) shall wear a helmet of a type approved by the administrator of motor vehicles. In addition, all new operators, regardless of age, shall be required, for a period of one year from the date of issuance of the first license pursuant to § 31-10.1-1 , to wear a helmet of a type approved by said administrator. Any person deemed in violation of this provision shall be subject to the fines enumerated in § 31-41.1-4 , which shall be paid in accordance with the provisions of chapter 41.1 of this title. The administrator of the division of motor vehicles is authorized to set forth rules and regulations governing the use of other equipment on those vehicles. All fines collected under this section shall be deposited in a general restricted receipt account for the use of the Rhode Island governor’s office on highway safety in order to promote educational and informational programs encouraging helmet use.

History of Section. P.L. 1967, ch. 27, § 1; P.L. 1969, ch. 254, § 1; P.L. 1976, ch. 104, § 1; P.L. 1992, ch. 364, § 1; P.L. 2002, ch. 292, § 105; P.L. 2006, ch. 216, § 8; P.L. 2008, ch. 100, art. 12, § 6.

31-10.1-5. Handlebars.

No person shall operate on a highway or in any parking area for ten (10) or more motor vehicles, any motorcycle, motor scooter, or motor driven cycle equipped with handlebars that are more than fifteen inches (15") in height above the uppermost portion of the seat when depressed by the weight of the operator. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1967, ch. 27, § 1; P.L. 2002, ch. 292, § 105.

31-10.1-6. Passengers.

Any passenger on a motorcycle, motor scooter, or motor-driven cycle must be provided with a separate rear seat, a separate foot-rest, and an appropriate handlebar or grip for his or her use, and must wear a properly fitting helmet of a type approved by the administrator of the division of motor vehicles. No person shall operate a motorcycle, motor scooter, or motor-driven cycle unless any passenger on it wears a helmet and is able to rest his or her feet upon a foot-rest. Any passenger on a motorcycle, motor scooter, or motor-driven cycle under twelve (12) years of age must have a properly secured back-rest or equivalent, shall have his or her feet placed upon the foot-rest, and shall be seated behind the operator unless a side car is provided. When, however, a side car is provided this age requirement shall not apply to any passenger(s) in the sidecar. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1967, ch. 27, § 1; P.L. 1968, ch. 35, § 1; P.L. 1992, ch. 364, § 1; P.L. 2001, ch. 197, § 1; P.L. 2001, ch. 299, § 1; P.L. 2002, ch. 292, § 105.

31-10.1-6.1. Autocycles — Exemptions.

The provisions of § 31-10.1-1 through § 31-10.1-6 , inclusive, shall not apply to autocycles. Any person licensed as an operator or chauffeur pursuant to chapter 10 of this title may operate an autocycle.

History of Section. P.L. 2016, ch. 390, § 2; P.L. 2016, ch. 404, § 2.

31-10.1-7. Inspection.

Every motorcycle, motor scooter, or motor driven cycle shall be inspected in accordance with the law providing for inspection of motor vehicles and shall display a certificate of inspection as provided in chapter 38 of this title. Inspection standards for the motor vehicles shall be established by the administrator of the division of motor vehicles. Inspection stations shall be specially licensed to inspect motorcycles, motor scooters, and motor-driven cycles. Certificates of inspection for these vehicles shall be clearly distinguishable from those issued to other motor vehicles. Violations of this section are subject to fines enumerated in § 31-41.1-4 .

History of Section. P.L. 1967, ch. 27, § 1; P.L. 2002, ch. 292, § 105.

31-10.1-8. Anatomical gifts by operators.

1. The division of motor vehicles, in conjunction with the federally designated organ and tissue procurement agency, shall develop and implement a program encouraging and allowing for persons to make anatomical gifts, during the process of issuing and renewing licenses provided for in § 31-10.1-1 . The division of motor vehicles shall give to all persons seeking the licenses, a document containing a summary description and explanation of the Anatomical Gift Act, chapter 18.6 of title 23. Any person wishing to donate tissue or organs under the provisions of chapter 18.6 of title 23 shall be included in the Rhode Island Donor Registry as defined by § 31-10-26.1(g) and issued a driver’s license or nonoperator’s identification card bearing a notation or symbol indicating the person’s consent to donate under the chapter and defining the term “qualified donee” as outlined in chapter 18.6 of title 23. The division of motor vehicles, in conjunction with the federally designated organ and tissue procurement agency, may on behalf of the state, accept and deposit with the general treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this section, and may expend the funds for these purposes.
2. Application for monies to support these purposes will be made to the general treasurer by the division of motor vehicles, and/or the federally designated organ and tissue procurement agency.
3. The division of motor vehicles may make and sign any agreements and may do and perform any and all acts necessary to carry out the purposes of this section.

History of Section. P.L. 1989, ch. 246, § 1; P.L. 2003, ch. 392, § 2.

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 , including all classes of all-terrain vehicles; nor shall they authorize their registration by the division of motor vehicles.

History of Section. P.L. 2021, ch. 413, § 2, effective March 1, 2022; P.L. 2021, ch. 412, § 2, effective March 1, 2022.

31-10.2-1. Purpose.

The department of revenue, division of motor vehicles, presently lacks the authority to allow the voluntary termination of operators’ and chauffeurs’ licenses by an individual. It is the intent of this chapter to establish rules and regulations regarding the voluntary termination of operators’ and chauffeurs’ licenses in this state. Pursuant to §§ 31-2-4 , 42-35-3(b), and 42-35-4(b)(2), the department of revenue shall adopt and establish the following rules and regulations regarding voluntary termination of operators’ and chauffeurs’ licenses. Any and all regulations previously promulgated for this purpose are rescinded.

History of Section. P.L. 1988, ch. 342, § 1; P.L. 2008, ch. 98, § 10; P.L. 2008, ch. 145, § 10.

31-10.2-2. Operators’ licenses.

1. An individual may voluntarily terminate his or her operators’ license by tendering the license to the operator control section of the department of revenue, division of motor vehicles.
   1. Should an individual terminate his or her operators’ license, the individual may not reapply for a new operators’ license for a period of six (6) months from the date of the voluntary license termination.
   2. Before an individual may voluntarily terminate his or her license, the individual must sign an affidavit as established by the division of motor vehicles, notifying the individual of the consequences of voluntary license termination.
2. Upon reapplication for an operators’ license following voluntary termination by an individual, the individual shall be required to take a written test and a road test, but shall not pay the required reinstatement fee as established by the operator control division before the granting of a new operators’ license.

History of Section. P.L. 1988, ch. 342, § 1; P.L. 2001, ch. 86, § 85; P.L. 2008, ch. 98, § 10; P.L. 2008, ch. 145, § 10.

31-10.2-3. Chauffeur’s licenses.

1. An individual may voluntarily terminate his or her chauffeur’s license by tendering the license to the operator control section of the department of revenue, division of motor vehicles.
   1. Should the individual terminate his or her chauffeur’s license, the individual may not reapply for a new chauffeur’s license for a period of one year from the date of the voluntary license termination.
   2. Before an individual may voluntarily terminate his or her license, the individual must sign an affidavit as established by the division of motor vehicles, notifying the individual of the consequences of voluntary license termination.
2. Upon reapplication for a chauffeur’s license following voluntary termination by an individual, the individual shall be required to take a written test and a road test, but shall not pay the required reinstatement fee as established by the operator control division before the granting of a new chauffeur’s license.

History of Section. P.L. 1988, ch. 342, § 1; P.L. 2008, ch. 98, § 10; P.L. 2008, ch. 145, § 10.

31-10.2-4. Severability.

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared to be severable.

History of Section. P.L. 1988, ch. 342, § 1.

31-10.3-1. Short title.

This chapter shall be known as the “Uniform Classified and Commercial Driver’s License Act”.

History of Section. P.L. 1990, ch. 176, § 1.

31-10.3-2. Statement of intent and purpose.

1. The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (see now 49 U.S.C. § 31101 et seq.), as may be amended from time to time and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
   1. Permitting drivers to hold only one license;
   2. Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses;
   3. Strengthening commercial driver licensing and testing standards.
2. It is the intent of this chapter to have an operator’s license serve as the base license to which classifications, endorsements, and restrictions can be added which may change the classification to a commercial or chauffeur’s license. If the person commits any offense which results in a withdrawal of the commercial license or privilege under this chapter and the offense would be cause for withdrawal of the base license or privilege, the department shall withdraw the commercial endorsements, restrictions, or classifications and for the required fee(s) issue an operator’s license or privilege.
3. If any offense would cause withdrawal of the base license and commercial or chauffeur’s license but for different terms that person may be restored to the base license after the time specified in the applicable section(s) within this title upon payment of the required fee(s). If an offense is committed which, except for this chapter, causes a license or privilege withdrawal of a base license, it shall be cause for removing the commercial or chauffeur classification(s), restriction(s), and endorsement(s) or privileges to operate a commercial vehicle for the time specified in this title.
4. This chapter is a remedial law which shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver licensing provisions, this chapter shall prevail. Where this chapter is silent, the general driver licensing provisions shall apply. This chapter applies to every person who operates a commercial motor vehicle in interstate, foreign, or intrastate commerce and to all employers of these persons.

History of Section. P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

31-10.3-3. Definitions.

Notwithstanding any other provisions of title 31, the following definitions apply to this chapter unless the context requires otherwise:

1. “Administrator” means the division of motor vehicles administrator, the chief executive of the division of motor vehicles, an agency within the department of revenue.
2. “Alcohol or alcoholic beverage” means (a) beer as defined in 26 U.S.C. § 5052(a), of the Internal Revenue Code of 1954; (b) wine of not less than one-half of one percentum (0.5%) of alcohol by volume; or (c) distilled spirits as defined in section 5002(a)(8), of said code.
3. “Base license” means the operator’s or driver’s license without any classifications, endorsements, or restrictions.
4. “Bus” means every motor vehicle designed for carrying sixteen (16) or more passengers (including the driver).
5. “Cancellation of driver’s license” means the annulment or termination by formal action of the department of a person’s driver’s license because of some error or defect in the license (or application) or because the licensee is no longer entitled to the license.
6. “Certified commercial driving instructor” means any person who gives commercial driver training or who offers a course in driver training, and who is certified as such by the administrator.
7. “Commerce” means:
   1. Trade, traffic, and transportation within the jurisdiction of the United States within the state; between a place in a state and a place outside the state, including a place outside the United States; and
   2. Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation in paragraph (i) of this subdivision.
8. “Commercial license” means a license issued by the department in accordance with the standards contained in Part 383 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. Part 383, as it may be revised from time to time, to an individual that authorizes the individual to operate a class of commercial motor vehicle.
9. “Commercial motor vehicle” means a motor vehicle, or combination of vehicles, used to transport passengers or property if the motor vehicle:
   1. Has a gross combination weight rating of twenty-six thousand one (26,001) or more pounds, of a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.), or has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds;
   2. Is designed to transport sixteen (16) or more passengers, including the driver; or
   3. Is transporting hazardous materials as defined in this section.
10. “Controlled substance” means any substance as classified under § 102(6) of the Controlled Substance Act (21 U.S.C. § 802(6)) and includes all substances as listed in schedules I through V of Part 1308 of Title 21 of the Code of Federal Regulations, referred to as 21 C.F.R. Part 1308 as they may be revised from time to time.
11. “Conviction” means an unvacated adjudication of guilt or a determination that a person has violated, or failed to comply with, the law in a court of original jurisdiction, or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost or violation of condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
12. “Department” means the department of revenue acting directly or through its duly authorized officers and agents.
13. “Disqualification” means withdrawal of the privilege to drive a commercial motor vehicle due to:
    1. The suspension, revocation, or cancellation of a commercial driver’s license by the state or jurisdiction of issuance; or
    2. Any withdrawal of a person’s privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations); or
    3. A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under Part 391 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. 391, as they may be revised from time to time.
14. “Driver’s license” means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways.
15. “Employee” means any operator of a commercial motor vehicle, including full-time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers; and independent, owner-operator contractors (while in the course of operating a commercial motor vehicle) who are either directly employed by or under lease to an employer.
16. “Employer” means any person, including the United States, a state, or a political subdivision of a state, who or that owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle.
17. “Farm tractors” means every motor vehicle designated and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
18. “Fatality” means the death of a person as a result of motor vehicle accident.
19. “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year and/or fine of one thousand dollars ($1,000) or more.
20. “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated). The GVWR of a combination (articulated) vehicle (commonly referred to as the “gross combination weight rating” or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units.
21. “Hazardous materials” means any material that has been designated as hazardous under Part 172 of Title 49 of the Code of Federal Regulations, referred to as 49 C.F.R. 172 or any quantity of a material listed as a select agent or toxin in Part 73 of Title 42 of the Code of Federal Regulations, referred to as 42 C.F.R. 73 as they may be revised from time to time.
22. “Motor vehicle” means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power and used on highways; or any other vehicle required to be registered under the laws of this state; but does not include any vehicle, machine, tractor, trailer, or semi-trailer operated exclusively on a rail.
23. “Operator’s license” means driver’s license.
24. “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, and to and from school-sponsored events. School bus does not include a bus used as a common carrier.
25. “Secretary” means the Secretary of Transportation of the United States.
26. “Serious traffic violation” means a conviction when operating a commercial motor vehicle except weight, defect, and parking violations of:
    1. Excessive speeding involving any single offense for any speed of fifteen miles per hour (15 m.p.h.) or more above the posted speed limit;
    2. Reckless driving as defined by state or local law or regulation including, but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of person or property;
    3. Improper or erratic lane changes;
    4. Following the vehicle ahead too closely;
    5. A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control;
    6. Operating a commercial motor vehicle without obtaining a commercial license;
    7. Operating a commercial motor vehicle without having his or her commercial license in his or her immediate possession; or
    8. Operating a commercial motor vehicle without possessing a commercial driver’s license containing the endorsements or classifications applicable to the type of vehicle being operated or for the passengers or type of cargo being transported; or
    9. Operating a commercial motor vehicle while using a hand-held mobile telephone.
27. “State” means a state of the United States and the District of Columbia.
28. “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks as defined in Part 171 of Title 49 of the Federal Hazardous Material Regulations, referred to as 49 C.F.R. 171 as they may be revised from time to time. However, this definition does not include portable tanks having a rated capacity under one thousand gallons (1,000 gals.).
29. “Withdrawal” means any suspension, revocation, cancellation, disqualification, out-of-service of any license, privilege, endorsement, restriction, or classification of any license.

History of Section. P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11; P.L. 2014, ch. 257, § 1; P.L. 2014, ch. 307, § 1.

31-10.3-7. Administration by department.

This chapter shall be administered by the department of revenue, division of motor vehicles.

History of Section. P.L. 1990, ch. 176, § 1; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11.

31-10.3-8. Rulemaking authority.

The administrator for motor vehicles, department of revenue, is authorized to adopt and enforce any rules and regulations that may be necessary to carry out the provisions of chapters 1 — 27 of this title and any other laws the enforcement and administration of which are vested in the division of motor vehicles, including rules and regulations concerning specialized testing and standards for operators of commercial vehicles. Any former member of the Armed Forces, including, but not limited to, the Rhode Island National Guard, who received a military license to drive heavy equipment, shall be exempt from taking a road test when applying for a commercial driver’s license for a similar class of commercial motor vehicle for which the applicant has been previously licensed by the military, if such applicant is deemed to be otherwise qualified pursuant to 49 CFR 383.77. Any member of an organized fire department, including volunteer members, who have five (5) years of driving experience of fire apparatus and who has completed a safety driving course, including a road test from a recognized agency shall, upon providing a letter from the fire chief of their fire department to the administrator of motor vehicles, be exempt from taking a road test when applying for a commercial drivers’ license for a similar class of commercial motor vehicle, provided the applicant is deemed otherwise qualified pursuant to 49 CFR 383.77.

History of Section. P.L. 1990, ch. 176, § 1; P.L. 2004, ch. 296, § 1; P.L. 2005, ch. 217, § 1; P.L. 2005, ch. 229, § 1; P.L. 2008, ch. 98, § 11; P.L. 2008, ch. 145, § 11.

31-10.3-9. Authority to enter into agreements.

The administrator may enter into or make agreements, arrangements, policy(ies), or declarations to carry out the provisions of this chapter.

History of Section. P.L. 1990, ch. 176, § 1.

31-10.3-13. Requirements — Commercial.

1. License required  — requirements. Every person applying for an original or renewal of a commercial license shall be required to comply with and be issued a commercial license meeting the requirements of the Commercial Motor Vehicle Safety Act of 1986 (see now 49 U.S.C. § 31101 et seq.) and the implementing regulations in 49 CFR 383 and 384, as may be amended from time to time.
2. No person, except those expressly exempted in this chapter, shall drive any commercial motor vehicle upon a highway in this state unless that person has a valid commercial license under the provisions of this chapter for the type or class of vehicle being driven.
3. No person, except those expressly exempted in this chapter, shall steer or, while within the passenger compartment of a vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless that person has a valid commercial license under the provisions of this chapter for the type or class of vehicle being towed.
4. No person shall receive a commercial license unless and until he or she surrenders to the department all valid licenses in his or her possession issued to him or her by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be returned to it, together with information that the person is licensed in this state. No person holding a commercial license shall be permitted to have more than one license at any time.
5. Any person licensed as a commercial driver pursuant to this chapter may exercise that privilege granted upon all streets and highways in this state, and shall not be required to obtain any other license to exercise that privilege by any municipal, local board, or other body having authority to adopt local police regulations.

History of Section. P.L. 1990, ch. 176, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2.

31-10.3-14. Classes of licenses — Endorsements.

1. The department, upon issuing a commercial license, shall indicate on the license the class or type of vehicles the licensee may drive. Licenses shall be issued with the classifications and endorsements and any restrictions as defined by state regulation or 49 C.F.R. 383.
2. The department shall establish any qualifications that it believes reasonably necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall determine by appropriate examination whether each applicant is qualified for the license classification, endorsement, or restriction for which application has been made.
3. The department shall not issue a commercial license unless the applicant meets the following qualifications in addition to all other applicable qualifications adopted by policy or regulation:
   1. The applicant shall be at least twenty-one (21) years of age; 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. The applicant shall not currently be under a license or privilege withdrawal in this or any other state, Mexico, or province of Canada.
   3. Within the three (3) years immediately preceding the application, the applicant shall not have committed any of the offenses for which license withdrawal is mandatory upon conviction and shall not have engaged in any conduct for which a license withdrawal may be implemented.
   4. The applicant shall not have been found to have committed a disqualifying offense under the Federal Commercial Motor Vehicle Safety Act of 1986 (now 49 U.S.C. § 31101 et seq.), as may be amended from time to time.
   5. The applicant shall certify in the license application that all of these qualifications have been met.
4. The department shall not issue a tank endorsement unless the applicant, in addition to all other applicable qualifications, has been licensed for a vehicle or combination of vehicles covered by the license classification on which the tank endorsement shall be placed.
5. The department shall not issue a school bus endorsement unless the applicant has had at least three (3) years of driving experience prior to the date of application and the department is fully satisfied as to the applicant’s good character, competency, and fitness to be so employed. Effective September 30, 2005, all school bus operators must have the “S” endorsement as defined under 49 Code of Federal Regulations § 383.153(a)(9)(vi) subject to endorsement and testing requirements set forth in 49 Code of Federal Regulations §§ 383.93 and 383.123. The administrator shall adopt regulations governing character, competency, and fitness.
6. The department shall not issue a passenger endorsement unless the applicant has had at least three (3) years of driving experience prior to the date of application and the department is fully satisfied as to the applicant’s good character, competency, and fitness to be so employed. The administrator shall adopt regulations governing character, competency, and fitness.

History of Section. P.L. 1990, ch. 176, § 1; P.L. 1993, ch. 401, § 1; P.L. 2005, ch. 77, § 2; P.L. 2005, ch. 82, § 2; P.L. 2014, ch. 77, § 1; P.L. 2014, ch. 84, § 1.

31-10.3-15. Persons not eligible for licensing.

1. The department shall not issue any license pursuant to this chapter:
   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, canceled, revoked or otherwise withdrawn during suspension, cancellation, revocation, or withdrawal and not until the person has complied with all requirements for reinstatement.
   3. To any person who is a habitual drunkard, or is addicted to controlled substances.
   4. To any person who is required by this chapter to take an examination, unless the person shall have successfully passed the examination.
   5. To any person when the administrator has good cause based on clear and convincing evidence to believe that the person does not meet a standard of physical or mental fitness for motor vehicle licensure established pursuant to § 31-10-44(b) , and that the person’s physical or mental condition prevents him or her from being able to operate a motor vehicle with safety upon the highways. However, an insulin dependent person shall not automatically be denied a license. Each case shall be decided individually; certification by a physician that the person is being regularly monitored, that the person’s condition is stable and under control, and that the person is otherwise medically qualified to safely operate a motor vehicle shall be conclusive and a license strictly limited to intrastate use shall be issued. The license must clearly state on its face that the license is restricted to intrastate use only; provided, however, nothing contained in this section shall prohibit the issuance of an interstate license as long as all federal regulations are met.
   6. 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 that proof.
   7. 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 the person is likely to pose an imminent safety risk to the general public by reason of the 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 a license is necessary in order to protect public safety, 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 the declination.
2. The department shall notify in writing any person whose application for a license has been denied pursuant to subsection (a) of this section. The notice shall contain the factual and legal basis for the denial, the procedure for requesting a hearing, and the rights afforded the individual pursuant to § 31-11-7(d) — (f). When physical or mental fitness is the basis for the denial, the notice shall refer to the specific functional standard promulgated pursuant to § 31-10-44(b) , which was relied upon by the department. Upon his or her request the department shall afford the license applicant an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt of the request.
3. The hearing procedures afforded the applicant shall conform to the provisions of § 31-11-7(d) — (f).