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S 2949Personal

Motor and Other Vehicles - Suspension or Revocation of Licenses - Violations

Requires hearings before most license suspensions, mandates hardship licenses over full bans, and pauses suspensions during appeals.

Held for study
Population
Affected
15
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Introduced Mar 4, 2026Committee Senate Judiciary

Plain-English Summary

This legislation significantly changes the procedures for suspending driver's licenses in Rhode Island. It removes the Division of Motor Vehicles' (DMV) authority to immediately suspend a license without a hearing for reasons such as frequent traffic offenses or reckless driving. Instead, the DMV must provide a hearing before a suspension takes effect in most cases. Furthermore, the bill mandates that the DMV provide a "hardship license" or ignition interlock system option instead of a total suspension for certain offenses. Finally, if a driver appeals a suspension, the suspension is paused (stayed) until the court decides the case.

For younger readers

This bill changes the rules for when the government can take away a driver's license. Right now, the DMV can take a license away very quickly if they believe a driver is being unsafe or breaking too many traffic rules. This new law says the DMV must wait and let the driver have a meeting (a hearing) to explain their side first. It also says that instead of taking the license away completely, the DMV must let people keep driving to get to work or school, sometimes using a special safety device in their car.

Who & Where It Applies

Impacted groups
DriversDMV EmployeesTraffic Court JudgesPolice OfficersCommuters
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Protects low-income workers from losing their livelihood by mandating hardship licenses, ensuring that a license suspension does not result in job loss due to an inability to commute.
  • Increases due process and civil liberties by preventing the state from seizing a license without a prior hearing, protecting citizens from arbitrary administrative decisions.
  • Prevents the immediate implementation of penalties before judicial review, ensuring that individuals are not punished by a bureaucratic error before a court can hear their appeal.
  • Removes the ability to immediately suspend the licenses of drivers deemed an "imminent safety risk," potentially prioritizing individual rights over the immediate safety of the community.
  • Could allow dangerous drivers who frequently violate traffic laws to remain on the road for longer periods while they navigate the appeals process.
  • May create a system where those with access to legal counsel can delay consequences indefinitely, while the intent of traffic safety laws is undermined.
For Conservatives
  • Checks the power of the unelected administrative state by removing the DMV's authority to unilaterally suspend licenses based on subjective interpretations of "disrespect for traffic laws."
  • Strengthens individual due process rights by requiring hearings before property (license) deprivation and ensures penalties are stayed during the appeals process.
  • Protects the economic freedom of individuals to work and conduct business by mandating hardship licenses rather than imposing total bans on driving.
  • Undermines law and order by preventing the immediate removal of drivers who display a "disrespect for traffic laws" or commit frequent offenses.
  • Adopts a "soft on crime" approach by mandating hardship licenses instead of full suspensions, potentially diluting the consequences for breaking the law.
  • Will likely increase government spending and bureaucracy by requiring more administrative hearings and processing court appeals, placing a burden on the taxpayer.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 43 additions · 35 deletions

SECTION 1. Section 31-11-7 of the General Laws in Chapter 31-11 entitled "Suspension or Revocation of Licenses — Violations" is hereby amended to read as follows: 31-11-7. Authority of division of motor vehicles to suspend license. (a)(1) The division of motor vehicles is authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

(i) Has been adjudicated by a court of competent jurisdiction to have:

(A) Committed an offense for which mandatory revocation or suspension of license is required upon conviction or adjudication;

(B) Committed with such frequency of offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(C) Been a reckless or negligent driver of a motor vehicle;

(D) Permitted an unlawful or fraudulent use of a license;

(E) Committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation;

(F) Committed any offense enumerated in § 31-9-1; or

(ii) Is the subject of an order issued pursuant to § 14-1-67; or.

(iii) Poses an imminent safety risk to the general public as determined by the application of objectively ascertainable standards.

(2) Except for paragraph (1)(ii) of this subsection, the suspension shall be for any length of time, not exceeding one year, that the division of motor vehicles shall determine is necessary in order to protect public safety based upon its findings of the circumstances under which the offense was committed, the likelihood of recurrence, and the deterrent effect that might reasonably be expected to result from the hardship a suspension or prospective suspension would entail. Any license suspended suspension pursuant to paragraph (1)(ii) of this subsection subsection (a) of this section shall be for the length of time set forth in the court order and shall run concurrently with any current suspension period unless otherwise specified.

(b) Upon suspending the license of any person as authorized by subsection (a) of this section, the division of motor vehicles shall immediately notify the licensee in writing of the factual and legal basis for the suspension, the procedure for requesting a hearing, and the rights afforded the individual pursuant to subsections (d) — (f) of this section. When physical or mental fitness is the basis for the suspension determination, the notice shall reference the specific functional standard promulgated pursuant to § 31-10-44(b), which was relied upon by the division of motor vehicles. Upon his or her request the division of motor vehicles shall afford the licensee an opportunity for a hearing as early as practical and no later than twenty (20) days after receipt of the request. An order from a judge or magistrate pursuant to subsection (a) of this section shall be binding upon the division of motor vehicles, and the division is prohibited from further suspension on the same matter.

(c) Notwithstanding the court’s ability to order an ignition interlock system pursuant to § 31-27-2.8, the division of motor vehicles shall impose a hardship license and/or an ignition interlock system in lieu of license suspension for offenses which, if committed in Rhode Island, would result in suspension of license. (c)(d) Except as authorized in subsection (a)(1) of this section, whenever the division of motor vehicles proposes to suspend the license of any person, the division of motor vehicles shall afford a hearing to the licensee prior to suspending the person’s license. When a licensee requests a hearing, no No action to suspend his or her a license shall be taken until a hearing decision has been rendered in accordance with subsections (d) — (f) (e) through (g) of this section. The division of motor vehicles shall notify the licensee in writing of the factual and legal basis for the proposed suspension, the procedure for requesting right to a hearing, and the additional rights afforded the individual pursuant to subsections (d) — (f) (e) through (g) of this section. When physical or mental fitness is the basis for the suspension recommendation, the notice shall reference the specific functional standard promulgated pursuant to § 31-10-44(b), which was relied upon by the division of motor vehicles. The division of motor vehicles shall afford the licensee an opportunity for a hearing as early as practical and no later than twenty (20) days after notice is issued. (d)(e) The division of motor vehicles shall ensure that the hearing procedures afforded pursuant to subsection (b) and (c) (d) of this section provide for:

(1) an An in person hearing before an impartial decision-maker;

(2) the The opportunity to compel the production of documents and witnesses, including members of the division of motor vehicles ’s Medical Advisory Board;

(3) the The opportunity to confront and cross-examine witnesses;

(4) access Access to all of the evidence upon which the division of motor vehicles relied in making its determination to suspend; and

(5) the The right to present any and all relevant evidence including the right to obtain and present the results of a recently administered road test. During any hearing, the division of motor vehicles shall bear the burden of proof as to the existence of the grounds for the suspension. The division of motor vehicles shall further ensure that during a hearing to determine the physical or mental fitness of a licensee, proof of the lack of physical or mental fitness shall be by clear and convincing evidence. The presumption of inability to operate a motor vehicle with safety established by the functional standards promulgated pursuant to § 31-10-44(b), shall be rebuttable by evidence that notwithstanding an individual’s functional limitation, he or she is able to safely operate a motor vehicle. (e)(f) For the purpose of the hearing procedures described in subsection (d)(e) of this section, the administrator of the division of motor vehicles or his or her the administrator's 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. (f)(g) After the hearing conducted pursuant to subsection (d)(e) of this section, 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 either rescind its order of suspension, determine suspension is not warranted; may continue, modify, or extend the suspension of the license; or may revoke the license.

(h) Any licensee aggrieved by a decision of the division of motor vehicles may appeal the decision to the sixth division district court pursuant to § 31-2-19. Any suspension of license issued by the division of motor vehicles shall be stayed until an appeal is heard by the sixth division district court.

SECTION 2. Section 31-2-19 of the General Laws in Chapter 31-2 entitled "Division of Motor Vehicles" is hereby amended to read as follows: 31-2-19. Appeal from administrator of the division of motor vehicles. Any person aggrieved by any order of the administrator of the division of motor vehicles 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 said court stating the grounds upon which the appeal is taken. Upon the filing of such petition and tendering a twenty-five dollar ($25.00) filing fee, the court shall give thirty (30) days’ notice of the pendency of the petition to the administrator of the division of motor vehicles by serving the administrator of the division of motor vehicles, in the manner in which subpoenas in equity are served, with a certified copy of the petition and the petition shall follow the course of equity so far as it is applicable. Upon hearing the petition, the court may review the evidence taken at a hearing or investigator’s reports, or other information upon which the administrator’s action was taken, and may in its discretion, affirm, overrule, or modify the order of the administrator of the division of motor vehicles. The taking of such appeal shall not operate as a stay of the order of the administrator of the division of motor vehicles from which appeal is taken, and such order shall remain in full force and effect during the pendency of the appeal, except for the provisions set forth in § 31-11-7. A party aggrieved by a final order of the court may seek appellate review pursuant to the procedures set forth in § 42-35-15.

SECTION 3. This act shall take effect upon passage.