Rules and Regulations Governing the Use of the Claiborne Pell Bridge and Mount Hope Bridge

Regulation Authority:

R.I. Gen. Laws § 24-12-9(12) and (23)

Purpose and Reason:

The purpose of this action is to repeal the Rhode Island Turnpike and Bridge Authority's (RITBA) Rules and Regulations Governing the Use of the Claiborne Pell Bridge and Mount Hope Bridge because many of the provisions contained in these Rules and Regulations were duplicative and redundant of state law. Other provisions are no longer necessary for RITBA’s operations and needs. And, provisions relating to the safe use of the bridges will be incorporated into RITBA’s proposed Rules and Regulations Governing Bridge Safety (which will cover all four bridges under RITBA’s jurisdiction, not just the Newport/Pell Bridge and Mount Hope Bridge). Accordingly, RITBA believes that repeal of these rules and regulations is appropriate. RITBA believes that repealing its Rules and Regulations Governing the Use of the Claiborne Pell Bridge and Mount Hope Bridge is appropriate because, under the recently-amended Administrative Procedures Act, state law should not be incorporated into rules and regulations. Upon review, RITBA discovered that many of its Rules and Regulations Governing the Use of the Claiborne Pell and Mount Hope Bridge were redundant with state law or were no longer necessary. However, RITBA does believe that rules and regulations relating to the safe use of RITBA’s bridges is important, so it is simultaneously proposing to adopt proposed Rules and Regulations Governing Bridge Safety (which will cover all four bridges under RITBA’s jurisdiction, not just the Newport/Pell Bridge and Mount Hope Bridge). In light of this, RITBA believes that repeal of its Rules and Regulations Governing the Use of the Claiborne Pell Bridge and Mount Hope Bridge is appropriate.