Rules and Regulations Governing Applicants for Commercial Driver's License, Permits, Renewals and Endorsements

Regulation Authority:

RIGL 31-10.3-8

Purpose and Reason:

These Rules and Regulations establish standards and criteria to be used in determining eligibility of applicants for commercial driver's license, permits, renewals and endorsements, as well as the hearing and appeal process that shall be used in the event an application is denied. This amendment now allows the holder of a valid commercial driver’s license to renew their license without being required to take a skills test so long as the individual is in possession of a valid medical examination certificate issued pursuant to 49 CFR §§ 391.41 – 391.49.

Brief statement of Reason for Finding Imminent Peril:

In accordance with the provisions of subsection (b) of §42-35-3 of the Rhode Island General Laws, as amended, I have approved an amendment to the regulation entitled, RULES AND REGULATIONS GOVERNING APPLICANTS FOR COMMERCIAL DRIVER’S LICENSES, PERMITS, RENEWALS AND ENDORSEMENTS. This amendment is to become effective immediately upon filing with the Secretary of State. An immediate effective date is necessary in view of my finding that any substantial delay might imperil the public health, safety, and welfare. This finding is based upon the following: Chapters 93 and 116 of the 2010 Public Laws, amending Rhode Island General Law § 31-13-30, were enacted on June 16 and June 22, 2010, respectively. This amendment now allows the holder of a valid commercial driver’s license to renew their license without being required to take a skills test so long as the individual is in possession of a valid medical examination certificate issued pursuant to 49 CFR §§ 391.41 – 391.49. This statutory amendment directly conflicts with Rule 9.2 of the current regulation requiring individuals over the age of seventy to pass a skills test as a prerequisite to renew their commercial driver’s licenses. Because of the conflict between the statutory amendment and the regulation, the Division of Motor Vehicles is in a position of either violating a statute or violating a regulation. Amending this regulation will then allow the Division of Motor Vehicles to comply with the newly amended statute without running afoul of a regulation. This amendment is being adopted as an emergency because on a daily basis individuals affected by this conflict are seeking to have their licenses renewed and they are being turned away because they have not complied with the skills test requirement found in this regulation. Pursuant to subsection (b) of § 42-35-3, the emergency amendment shall take effect upon filing with the Rhode Island Secretary of State and shall remain in effect as provided in said subsection. While the emergency regulations are in effect, regulations will be promulgated pursuant to subsection (a) of § 42-35-3.