815 R.I. Code R. 815-RICR-50-10-4.9

Current through December 3, 2024

Section 815-RICR-50-10-4.9 - Rules Regarding Drivers and the Operation of PMVs

A. No person shall transport passengers for hire in a PMV unless he or she first acquires a hackney operator's license ("Blue Card") issued by the Division as prescribed in state law and Division rules.

B. A certificate holder shall not employ as a driver any person whose driver's license is suspended or revoked or who does not possess a valid hackney operator's license ("blue card"). Certificate holders shall keep a business manifest or log to track the validity (expiration dates) of each of its driver's Hackney Operator's License.

C. Each driver shall have in his/her possession, a valid State of Rhode Island Hackney Operator's License when transporting passengers for hire in a PMV. The license need not be displayed in the vehicle. However, the driver shall present said license and make it available for review by any passenger upon request.

D. No person may operate a PMV carrying passengers without first having applied for such a Hackney Operator's License and received approval from the Division. In accordance with The Division's Rules and Regulations for Licensing Operators Transporting Passengers in Taxicabs, Limited Public Motor Vehicles and Public Motor vehicles, individuals who request such a license to operate a PMV must supply to the Division the following information:

1. Name;

2. Date of Birth (applicant must be 21 years old, as required by R.I. Gen. Laws § 31-10-5);

3. Residence;

4. Phone Number;

5. Driver's License Number (including type and class);

6. Employer;

7. Copies of the applicants' driving record obtained, within the previous thirty (30) days, from the Division of Motor Vehicles - Operator Control and record of all criminal convictions obtained from the Bureau of Criminal Identification of the Department of the Attorney General;

8. Social Security Number (Disclosure is voluntary, see the Division's Rules Governing Transportation of Passengers via Taxicabs and Limited Pubic Motor Vehicles- Appendix C); and,

9. Resident Status.

E. The Division shall approve or disapprove all requests for a Hackney Operator's License as soon as practicable within ten (10) business days after receiving the aforementioned information. This time period may be extended for not more than thirty (30) days, for just cause, by the Division, with notice of the extension to the applicant. The Division's review of the application will be to determine if operation of a PMV by said individual could constitute a danger to the public. If approved, the applicant will receive a Hackney Operator's License from the Division, which shall be carried at all times while operating a PMV for hire. If rejected, the applicant may request a full hearing before the Division by sending correspondence addressed to the Associate Administrator for Motor Carriers. At said hearing, the applicant will be given notice and an opportunity to be heard and has the right to be represented by counsel at his or her own expense.

F. The Hackney Operator's License may be suspended or revoked by the Division upon a finding of violation of these rules, any provision of R.I. Gen. Laws Title 39, any rule or order of the Division, or any other action which constitutes a danger to the public, after the licensee is given notice and an opportunity to be heard. Provided, however, that, in accordance with § 4.2(A)(22) of this Part, such a license may be suspended without need for a hearing if warranted for "public safety" concerns; in such an event, a hearing shall be scheduled as soon as possible to gauge the appropriateness of such an immediate suspension and to determine if the suspension shall continue.

G. All drivers shall abide by the Hours of Service restrictions established by the Federal Motor Carrier Safety Administration (FMCSA). PMV certificate holders shall familiarize themselves with the FMCSA hours-of-service restrictions, including any amendments that may be adopted and shall ensure that all drivers are familiar with those rules. No certificate holder or his or her agent shall knowingly permit any PMV to be driven in violation of this paragraph. Moreover, any PMV certificate holder who may employee drivers in another regulated transportation service (i.e.: taxicabs/limited public motor vehicles) shall not utilize drivers in a manner inconsistent with rules governing either industry relative to length of driver shifts. Both PMV certificate holders and drivers may be penalized for failure to abide by such hours-of-service restrictions.

H. No PMV shall be driven when it is so loaded or when there is in the front seat such number of persons as to obstruct the view of the driver to the front or sides, or to interfere with his control over the PMV. No PMV shall carry more passengers than the manufacturers designed capacity of the vehicle.

I. Any individual who drives a PMV, including the certificate holder, must report any criminal conviction or adjudicated traffic violation to the Division within five (5) business days of the conviction or adjudication. If the Division investigation reveals that the criminal conviction or adjudicated traffic violation is of such a nature that continued operation of a PMV by said individual could constitute a danger to the public, the Division shall conduct a hearing, after notice and allowing a full opportunity to be heard, to determine whether the individual's Hackney Operator's License should be revoked, suspended or otherwise limited. Failure to follow this rule, including any failure by the certificate holder to ensure that his/her driver's comply with the rule, will be sufficient grounds for suspending or revoking the certificate holder's certificate of operating authority and/or the driver's hackney license (blue card).

815 R.I. Code R. 815-RICR-50-10-4.9