Current through September 18, 2024
1.4.1 Application
A. Application for an operator's license or
chauffeurs' license, issued pursuant to R.I. Gen. Laws §
31-10-26,
or identification card, issued pursuant to R.I. Gen. Laws §
3-8-6 or §3-8-6.1,
shall be made on the forms proscribed by the Division of Motor
Vehicles.
B. An applicant for an
operator's license, chauffeurs' license or identification card shall present
the following original documentation (photocopies will not be accepted) at the
time such application is made:
1. one Proof
of Identity document;
2. two Proof
of Residency documents; and
3.
proof of a social security number.
C. Proof of Identity
1. Must be demonstrated with one of the
following documents bearing the applicant's legal name and date of birth:
a. A valid, unexpired U.S.
passport;
b. A certified copy of a
birth certificate filed with a State Office of Vital Statistics or equivalent
agency in the individual's State of birth;
c. A Consular Report of Birth Abroad (CRBA)
issued by the U.S. Department of State, Form FS-240, DS-1350 or
FS-545;
d. A valid, unexpired
Permanent Resident Card (Form I-551) issued by DHS or INS;
e. An unexpired employment authorization
document (EAD) issued by DHS, Form I-766 or Form I-688B;
f. An unexpired foreign passport with a
valid, unexpired U.S. visa affixed accompanied by the approved I-94 form
documenting the applicant's most recent admittance into the United
States;
g. A Certificate of
Naturalization issued by DHS, Form N-550 or Form N-570; or
h.. A Certificate of Citizenship, Form N-560
or Form N-561, issued by DHS.
2. Proof of a change to the name contained on
the applicant's identity document must be demonstrated with a document issued
by an authorized government agency.
D. Proof of Residency must be demonstrated
with two of the following documents:
1. A
utility bill (gas, electric, telephone, cable, oil, water, sewer, satellite,
heat, cell phone) in the applicant's name or in the name of a member of the
applicant's immediate family dated within sixty (60) days of
presentation;
2. A personal check
or bank statement with the applicant's name and address dated within sixty (60)
days of presentation. P.O. Box addresses will not be accepted;
3. A payroll check with the applicant's name
and address dated within sixty (60) days of presentation;
4. A lease agreement in effect at the time of
presentation. The lease agreement must contain the applicant's name and address
and the landlord's name, address, and telephone number. Handwritten lease
agreements will not be accepted;
5.
A letter issued by a Rhode Island state agency or a federal agency with the
applicant's name and address approving the applicant's receipt of benefits from
an entitlement program dated within sixty (60) days of presentation;
6. A homeowner's or renter's insurance policy
for the applicant's home or apartment with the applicant's name and address
that is in effect at the time of presentation;
7. An automobile insurance policy for the
applicant's motor vehicle with the applicant's name and address that is in
effect at the time of presentation;
8. A property tax bill for the applicant's
residence from the year immediately preceding the date of
presentation;
9. If the applicant
is a minor, in addition to any of the proof of residency documents in §
1.4.1(D) of this Part, the following are accepted:
a. a school record (a report card, diploma,
transcript, or ID card) which includes the student's address and is for the
current school year (or past year if during summer vacation);
b. the Rhode Island driver's license or
identification card of the individual signing the minor's application pursuant
to R.I. Gen. Laws §
31-10-14;
10. A letter from a Rhode Island
shelter or halfway house indicating that the applicant resides at the facility.
Such a letter must be on letterhead, must be dated within thirty (30) days of
presentation, and must include the name and contact information of an
administrator of the shelter or halfway house;
11. A jury duty summons dated within sixty
(60) days of presentation;
12. A
W-2 form with the applicant's name and address from the year immediately
preceding the date of presentation;
13. An installment loan contract (automobile,
student loan) with the applicant's name and address that is in effect at the
time of presentation;
14. A current
Social Security Administration statement with the applicant's name and
address;
15. A current pension or
retirement account statement with the applicant's name and address;
16. A Rhode Island issued firearms permit
with the applicant's name and address that is in effect at the time of
presentation; or
17. A valid Rhode
Island driver's license or identification card.
E. Proof of a Social Security Number
1. Must be demonstrated with one of the
following documents:
a. An official Social
Security Card (Laminated cards are acceptable.);
b. A letter issued by the Social Security
Administration stating that the applicant is not eligible to receive a social
security number;
c. A W-2 form
bearing the applicant's full name and full social security number issued within
the last five (5) years;
d. A 1099
form bearing the applicant's full name and full social security number issued
with the last five (5) years; or
e. A pay stub bearing the applicant's full
name and full social security number issued within the last five (5)
years;
2. In the event
an individual's social security number is not already on file with the
Division, documentary proof of a social security number, as provided in this
subsection, shall be provided at the time of renewal. All social security
numbers will be verified electronically with the Social Security
Administration.
F.
Applicants that demonstrate proof of residency in accordance with §1.4.1(D)
of this Part, proof of a social security number in accordance with §1.4.1(E)
of this Part, and proof of identity with one of the following documents that
bears the applicant's legal name and date of birth are eligible to receive an
operator's license, chauffeurs' license or identification card that does not
meet the requirements of 6 C.F.R. Part 37 :
1.
A U.S. Active Service, Retiree, or Reservist Military ID Card;
2. A Native American Tribal ID
Card;
3. A valid U.S. Driver's
License with photograph, signature, and date of birth (must not be expired for
more than one year);
4. A valid
U.S. Territory Driver's License with photograph, signature, and date of birth
(must not be expired for more than one year);
5. A valid Canadian Driver's License with
photograph, signature, and date of birth (must not be expired for more than one
year);
6. An employment
authorization document (EAD) issued by DHS, Form I-766, that indicates a grant
of deferred action under the Deferred Action for Childhood Arrivals (DACA)
Program; or
7. Any of the identity
documents in §1.4.1(C)
of this Part.
1.4.2 Grounds for Denial
A. The Division of Motor Vehicles shall not
issue an operators' license, chauffeurs' license or identification card to an
applicant if:
1. The applicant fails to
fulfill all of the requirements of §1.4.1 of this
Part;
2. The applicant is not
entitled to the issuance of a license pursuant to R.I. Gen. Laws §
31-10-3;
3. The applicant is not entitled to the
issuance of an identification card pursuant to R.I. Gen. Laws §§
3-8-6 or
3-8-6.1;
or
4. The applicant is not entitled
to such issuance under any other provision of law.
1.4.3 Application for
Permanent license at Expiration of "First License" - Special Jurisdiction
Pursuant to R.I. Gen. Laws §
31-10-26(e),
the Rhode Island Traffic Tribunal has jurisdiction to determine if a person
should be granted an operator's license, be reissued a first license, or be
denied a license to operate a motor vehicle, if that applicant has been
adjudicated for committing one moving motor vehicle violation, has been
involved in one reportable motor vehicle accident, or both during the period of
time the person held a "first license." The person shall be summoned for a
hearing before a judge of the Traffic Tribunal at which time the person's
driving record will be reviewed.
1.4.4 Denial of License for Nonpayment of
Delinquent Child Support
Pursuant to R.I. Gen. Laws §
31-2-23,
no individual who has an unpaid child support order arrearage in excess of five
hundred dollars ($500) as shown by the Rhode Island Family Court, Department of
Human Services, or Child Support Enforcement computer system ("CSE system") may
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.
1.4.5
Expired License Retesting Requirement
In the event that an operator's license has been expired
for a period of more than five (5) years, the Division of Motor Vehicles
requires the applicant to successfully complete both the written examination
and road test as required of a new license applicant. If the expired operator's
license is from a state other than Rhode Island and has been expired for more
than one year, the Division of Motor Vehicles requires the applicant to
successfully complete both the written examination and road test as required of
a new license applicant.
1.4.6 Grounds for Suspension
The Division of Motor Vehicles is authorized to suspend the
license of an operator or chauffeur without preliminary hearing pursuant to
R.I. Gen. Laws §
31-11-7.
1.4.7 Grounds for Revocation
The Division of Motor Vehicles is authorized to revoke the
license of an operator or chauffeur pursuant to R.I. Gen. Laws §
31-11-6.
1.4.8 Grounds for Cancellation
The Division of Motor Vehicles is authorized to cancel any
operator's or chauffeur's license pursuant to R.I. Gen. Laws §
31-11-1.
B. The Division of Motor Vehicles is authorized to cancel any identification
card pursuant to R.I. Gen. Laws §§
3-8-6 and
3-8-6.1.
1.4.9 Notice of Denial, Suspension,
Revocation or Cancellation
A. The Division of
Motor Vehicles shall notify in writing any individual whose application for an
operator's or chauffeur's license has been denied, or license has been
suspended, revoked, or cancelled. The notice shall contain the legal and
factual basis for the denial, suspension, revocation, or cancellation, the
procedure for requesting a hearing and a description of the individual's rights
during the appeals process.
B. If
the denial, suspension, revocation, or cancellation is based on mental or
physical fitness, the notice must reference the specific functional standard
used by the division as promulgated pursuant to R.I. Gen. Laws §
31-10-44(b).
1.4.10 Notice of Proposed
Suspension
A. When the Division of Motor
Vehicles proposes to suspend an operator's license for reasons other than those
authorized in § 1.4.6 of this Part, prior to suspension the Division shall
inform the individual of his or her right to request a hearing. The notice
shall contain the legal and factual basis for the proposed suspension, the
procedure for requesting a hearing and a description of the individual's rights
during the appeals process.
B. If
the individual requests a hearing, no action to suspend, revoke, or cancel his
or her license shall be taken by the Division until after a hearing has been
held in accordance with § 1.4.11 of this Part and a decision has been
rendered by the hearing officer.
1.4.11 Hearing
A. Upon receiving a hearing request from an
individual whose license has been denied, suspended, revoked, or cancelled, the
Division shall afford a hearing as early as practical, but no later than twenty
(20) days after receiving the request.
B. Conduct of hearing. An individual whose
license has been denied, suspended, revoked, or cancelled, will be afforded the
following rights at the hearing:
1. an in
person hearing before an impartial decision-maker;
2. the opportunity to compel the production
of documents and witnesses, including members of the Division of Motor
Vehicles' Medical Advisory Board;
3. the opportunity to confront and
cross-examine witnesses;
4. access
to all of the evidence upon which the Division of Motor Vehicles relied in
making its determination; and
5.
the right to present any and all relevant evidence including the right to
obtain and present the results of a recently administered road test.
C. Burden of Proof. The Division
of Motor Vehicles has the burden to prove the existence of the grounds for the
denial, suspension, revocation, or cancellation. If the grounds for the
determination are lack of mental or physical fitness, the burden is on the
Division of Motor Vehicles to prove such lack of fitness by clear and
convincing evidence.
D. Subpoenas
and Oaths. For the purpose of the hearing procedures described in §1.4.11(B)
of this Part, the Administrator of the Division of Motor Vehicles or his or her
duly authorized agent may administer oaths and may issue subpoenas for the
attendance of witnesses and the production of relevant books and papers, and
may require a reexamination of the licensee.
E. Decision. After the hearing conducted
pursuant to §1.4.11(B)
of this Part, the Division of Motor Vehicles shall issue a written decision
based solely on the evidence adduced at the hearing and containing the legal
and factual basis for the determination. The Division of Motor Vehicles may
rescind its order of denial, suspension, revocation, or cancellation; determine
that denial, suspension, revocation or cancellation is not warranted; or may
continue, modify, or extend the suspension of the license, may revoke the
license, may deny the license application, or may cancel the
license.
1.4.12 Appeal
A. Appeal from the Administrator - Any person
aggrieved by any order of the Administrator of the Division of Motor Vehicles
regarding license suspension, revocation, denial, or cancellation 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 the Sixth Division District Court stating the
grounds upon which the appeal is taken.
B A party aggrieved by a final order of the
court may seek further appellate review pursuant to the procedures set forth in
R.I. Gen. Laws §
42-35-15.
