CHAPTER 7 TRANSPORTATION

On or before February 1, 1999, the registrar shall establish by regulations functional standards for determining physical and mental fitness for motor vehicle licensure. The Medical Advisory Board of the Division of Motor Vehicles, Department of Administration establishes and reviews physical and mental standards for drivers of vehicles. This board has the power to deny and suspend licenses on the grounds of physical or mental unfitness. The board is required to provide specific written reasons for the denial or suspension within ten (10) days of the decision. The board bears the burden of proof regarding the unfitness of the prospective driver.

In addition, the board has the authority to approve or deny handicapped parking privileges. The written reasons for denial must be provided to the applicant within ten (10) days of the decision. The board bears the burden of proof regarding the ineligibility of the applicant. The board conducts a yearly review of the procedure for issuance of handicapped parking plates. The board is responsible for informing the appropriate law enforcement entities of all policies related to handicapped parking plates.

Any physician or optometrist who identifies a condition that would hinder a patient's ability to drive a vehicle may voluntarily report this information to the Medical Advisory Board. No action may be taken against a doctor who does not report a case to the board. A doctor cannot be sued for reporting a patient to the Medical Advisory Board unless it can be proven that the doctor had cause to believe that the reporting of the patient was incorrect.

For more information contact the:

Rhode Island Department of Administration,

Division of Motor Vehicles

Medical Advisory Board

Driver Education Program Included in IEP 31-10-19

A separate driver training program must be provided for each special needs student whose Individual Education Plan (IEP) states the necessity of a program that is different from that provided for students without IEP's. IEP's for Driver's Education are part of the Special Education IEP. (see Chapter Four: Elementary and Secondary Education for more information.)

Driver Training Program for Adaptive Vehicles 31-10-19

The Community College of Rhode Island (CCRI) offers a driver training program for drivers with physical disabilities. This program teaches the operation of vehicles that have been modified for use by disabled individuals. It is the responsibility of each individual to obtain such a vehicle. A physician must certify that the person has a physical disability, yet has the potential to drive a vehicle safely. Each student is responsible for the payment of the tuition fees for this program.

To apply for this program contact the:

Community College of Rhode Island (CCRI)

Commercial Driver’s Licenses 31-10.3-15

The Registry of Motor Vehicles shall not automatically deny a commercial driver’s license to an insulin dependent person nor to any person with a physical or mental disability whose physician certifies as being medically able to safely operate a motor vehicle. If the Registry of Motor Vehicles denies a commercial driver’s license, they must report the legal basis on which they rejected the applicant.

For further information contact the:

Registry of Motor Vehicles

Special Driver Permits for Persons with Disabilities 31-10-6

Any person with a disability who is eligible for an instructional driving permit is entitled to a six-month permit, rather than the typical ninety (90) day permit. To qualify for this special permit, a physician must certify that the individual has a disability.

To apply for a special permit contact the:

Department of Administration

Division of Motor Vehicles

Road Test at Office Closest to Home 31-10-22

Persons with disabilities who take the road test for a vehicle license may choose to have it administered at the Motor Vehicles office closest to their homes. They also are responsible for supplying their own vehicle.

For further information contact the:

Department of Administration

Division of Motor Vehicles

Disabled Veterans Plates 31-6-8

Honorably discharged disabled veterans may apply for a disabled veterans license plate. Any veteran who in a time of war, conflict, or engagement who has lost limbs or has otherwise become physically disabled that resulted in the veteran becoming permanently disabled is eligible for this exemption. Disabled veterans using these plates are exempt from the registration fee each year when they register their car or commercial vehicle.

For more information contact the:

Rhode Island Department of Administration

Division of Motor Vehicles

Pedestrians – Operation of Wheelchairs – Rights and Duties 31-18-20.1-2 & 31-18-20

Effective January 1, 1997, any wheelchair, motorized or manual, operating upon roadways when in use at nighttime, will be equipped with the following:

1. a lamp on the front which will emit a white light visible from a distance of at least five hundred (500) feet to the front.

2. a red reflector of a type approved by the registry which will be visible from six hundred (600) feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

3. a minimum of twenty (20) square inches on each side of the wheelchair of white material on the wheels or tires to indicate the continuous circular shape and size of the wheels or tires of each wheelchair.

No person will sell a wheelchair, new or used, or wheelchair tires or wheels that is not equipped with the side reflectors, rear reflectors and front white light. Wheelchairs sold to institutions for exclusive use inside facilities will be exempt as long as they are not used upon sidewalks or roadways.

Where sidewalks with curbcuts and at least thirty-two (32) inches of unobstructed clear width are provided, it will be unlawful for any user of a manual or motorized wheelchair to wheel along and upon an adjacent roadway.

Every person operating a wheelchair upon a sidewalk or roadway will be granted all the rights and will be subject to all the duties applicable to a pedestrian.

For further information contact the:

Governor’s Commission on Disabilities

For assistance with a complaint contact the:

Department of Business Regulations

Parking Permits for People with Disabilities 31-28-7

Persons who are blind or disabled can receive one disability parking privilege placard, or in the case of a motorcycle, one motor vehicle sticker, of blue which shall be imprinted with the white international symbol of access, certificate number, the words “Rhode Island Handicap Parking Permit” [after 7/1/00 “Rhode Island Disability Parking Permit] and shall bear the expiration date upon its face by submitting proof of the disability to the Division of Motor Vehicles. To be eligible the person must have a disability that prevents or hinders walking or the climbing of stairs. The person can be employed.

A Certificate of Entitlement accompanies each handicapped placard or motor vehicle sticker. This certificate bears the person's name, address, placard number, and expiration date of the certificate. The Certificate of Entitlement to the placard or motorcycle sticker may be renewed every three (3) years for individuals with a long-term disability, and the renewal application will require a physician’s certification that the condition has not changed since the previous approval, and three (3) years for individuals with a permanent disability. Registration may be by mail and is free. The Certificate of Entitlement to the placard or motorcycle sticker will be covered with plastic or similar material. The applicant will, upon timely renewal, receive a sticker bearing the expiration date of the certificate of entitlement to be affixed across the expiration date of the handicapped placard or in the case of a motorcycle; the applicant will receive a new motorcycle sticker.

These placards are portable; it is not necessary to own a vehicle to receive a disability-parking placard. The placard may be used in another person's vehicle only when the disabled person is a passenger. Whenever the placard is in use, it should be hung from the rear view mirror so as to be seen through the front or rear windshield of the motor vehicle. A motorcycle sticker issued shall not be portable and shall be affixed to the rear plate of the motorcycle.

The registry of motor vehicles shall be authorized to issue a temporary handicap placard or motorcycle sticker immediately upon receipt of an application for individuals with a temporary impairment. The temporary placard, however, shall be a red placard with a white international symbol of access, certificate number, the words “Temporary Rhode Island Handicap Parking Permit” and shall bear the expiration dates upon its face. A temporary placard or motorcycle sticker shall be valid for sixty (60) days from the date of issuance. Temporary placards or motorcycle stickers may be renewed for a period of one (1) year or less, as determined by the medical advisory board upon application if the disability persists.

Anyone who uses a disability-parking placard when the appropriate person is not a passenger is subject to a one hundred dollar ($100.00) fine for each violation. Any person who allows another to use his or her handicapped placard illegally could have the placard revoked permanently and subject to a fine of one hundred dollars ($100.00).

Each disability parking space is designated and identified by the posting of signs above ground level incorporating the international symbol of access of white on blue, and the words “Handicapped Parking, “Disability Parking”, “Disabled Parking” or “Reserved Parking”Any person who parks in this space will be subject to a fine ranging from seventy-five dollars ($75.00) to three hundred dollars ($300.00). The vehicle may be subject to towing at the owner’s expense.

To apply for a disability parking permit contact the:

Department of Administration

Division of Motor Vehicles Disability Parking Permits

To report illegal parking contact the:

local police department

To report misuse of a permit contact the:

Department of Administration

Division of Motor Vehicles

Using RI Disability Parking Permits Out of State 31-29-5

Rhode Island has reciprocity agreements with all other states in this country including the District of Columbia regarding parking privileges for persons with disabilities. Those states will honor Rhode Island's permit and Rhode Island will in turn honor their state’s permit.

For an update of the participating states contact:

Department of Administration

Division of Motor Vehicles Disability Parking Permits

Exemption from Parking Fees and Fines 31-28-4 and 6.

No city or town or agency can take any fee for parking on the public highways or in any metered parking space from any person who has been issued a disability parking privilege placard or sticker, or from the owner of the motor vehicle transporting the person with a disability, provided that a disability parking placard or sticker is properly displayed in the vehicle.

Additionally, no overtime parking fees can be imposed upon persons with disabilities issued a disability parking privilege placard or sticker, nor from the owner of the motor vehicle transporting the person with a disability, provided that a disability parking placard or sticker is properly displayed.

This does not give any person with a disability permission to park in any area where parking is prohibited.

To apply for a disability parking permit see 31-238-7, above

Department of Administration

Division of Motor Vehicles Disability Parking Permits

To file a complaint contact the:

Municipal Court

local police department

Disability Parking Permits for Group Care Facilities 31-28-7.1

Group care facilities, government agency, non-profit organizations or companies serving persons with disabilities may receive handicapped parking permits. The applicant shall provide to the registry proof that the applicant is a legitimate facility. The facility may receive up to ten (10) placards, depending upon the number of persons served and their transportation needs. Only agents or employees of the facility while transporting clients with disabilities may use these placards. The placard is to be hung from the rear view mirror as to be seen through the front and rear windshield of the motor vehicle. Any other use of these placards will result in a fine of one hundred dollars ($100.00) for each violation. Any facility that allows the misuse of these placards could lose the right to use the placards permanently.

To report a violation contact the:

local police department

To apply for a permit contact:

Department of Administration

Division of Motor VehiclesDisability Parking Permits

Free transportation on RI Public Transit Authority buses 39-18-4

Individuals who are disabled or elderly and who are on a limited income (see RIPAE guidelines) not charged a fare on the Rhode Island Public Transit Authority's buses. Seniors and persons with disabilities who do not meet the income requirements may ride for ½ fare during off peak hours – which is specified by RIPTA annually. Recently those times include:

1. all day on Saturdays, Sundays and holidays;and

2. during the following hours on weekdays:

a. 9:00 am through 3:00 pm, and

b. 6:00 pm through 7:00 am

A person who is accompanying and assisting an individual with a disability in getting on and off the bus shall be paid by the state. To use the fare exemption, an identification card must be obtained from RIPTA.

The Public Transit Authority may charge a fee for the use of Paratransit services. The fee may not be higher than twice the fare of the fixed regular transportation that RIPTA provides.

To apply for an identification card contact the:

Rhode Island Public Transit Authority

Self Service Pumps--Assistance 23-28.22-19

All full-service gas stations which offer self-service at a lesser cost must provide an attendant to pump fuel for customers with disabilities. When requested, an attendant must dispense fuel at the self-service area of the station for self-service prices. A disability parking placard must be displayed in the vehicle; this plate must be issued to the operator of the vehicle. The station must post information regarding this procedure in conspicuous places at all the pumps.

To report a violation contact the:

local fire chief

State Fire Marshal

Housing For The Elderly Emergency Generators 23-28.39-1-

The Department of Elderly Affairs requires emergency generators in all housing for the elderly complexes with elevators and or wheelchair lifts, into and would provide for a $200 per day penalty for noncompliance.

For further information contact the:

Department of Elderly Affairs

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