State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-18 > 39-18-4-1

SECTION 39-18-4.1

   § 39-18-4.1  Health and safety ofpassengers. – (a) The authority shall have the power to establish reasonable rules of conductfor passengers for the protection of the health and safety of passengers andemployees of the authority. The rules shall incorporate the provisions of theAmericans with Disabilities Act of 1990, 42 USC § 12101 et seq., and§ 28-5.1-7, chapter 28 of title 11 and chapter 87 of title 42 and bepromulgated in accordance with the provisions of chapter 35 of title 42.

   (b) All controversies arising out of application of anyprovision of this section shall be determined by the general manager or his orher designated hearing officer, who shall afford a hearing to the passengerand/or his or her parent or guardian, and, after hearing, shall render awritten decision. The decision of the general manager or hearing officer shallbe final except that the passenger aggrieved by the decision shall have a rightof appeal to the superior court, which shall affirm the decision unless it isclearly erroneous or contrary to law. The hearing shall be conducted inaccordance with the provisions of chapter 35 of title 42.

   (c) Notice shall be provided to the RIde funding agency oragencies for any hearing regarding their client/passengers on RIde vehicles. Arepresentative of the RIde funding agency or agencies may attend the hearing.The general manager or hearing officer will consider the recommendation of theRIde funding agency's representative in rendering his/her decision.

   (d) The decision of the general manager or hearing officermay include:

   (1) Refusing to transport a person whose violation of therules of the authority threatens the health and safety of passengers oremployees of the authority, for a period not to exceed six (6) months; and/or

   (2) Revoking a passenger's ticket, pass, or other faremedium, regardless of the number of trips or time period for which the ticket,pass, or other fare medium is valid, if the passenger's continued presence onan authority vehicle or at an authority facility threatens the health or safetyof the authority's other passengers or employees. The authority shall within areasonable time after such a revocation, refund to the passenger the unusedvalue of the ticket, pass, or other fare medium.

   (e) Nothing under this section precludes any other actionpermitted by law.

   (f) All RIde buses shall be installed with passenger securitycameras when federal funds become available for this purpose.

   (g) Any person seeking employment as a RIde bus driver shallundergo a criminal background check to be initiated prior to or within one weekof employment. All employees hired prior to the enactment of this subsectionshall be exempted from its requirements.

   (1) The applicant shall apply to the bureau of criminalidentification (BCI), department of attorney general, state police or localpolice department where he or she resides, for a statewide criminal recordscheck. Fingerprinting shall not be required. Upon the discovery of anydisqualifying information as defined in § 23-17-37, the bureau of criminalidentification of the state police or the local police department will informthe applicant, in writing, of the nature of the disqualifying information; and,without disclosing the nature of the disqualifying information, will notify theemployer, in writing, that disqualifying information has been discovered.

   (2) An individual against whom disqualifying information hasbeen found may request that a copy of the criminal background report be sent tothe employer who shall make a judgment regarding the ability of the individualto drive a RIde bus. In those situations in which no disqualifying informationhas been found, the bureau of criminal identification, state police or localpolice department shall inform the applicant and the employer in writing ofthis fact.

   (3) The criminal record check requirements of this sectionshall apply only to persons seeking to drive RIde buses.

State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-18 > 39-18-4-1

SECTION 39-18-4.1

   § 39-18-4.1  Health and safety ofpassengers. – (a) The authority shall have the power to establish reasonable rules of conductfor passengers for the protection of the health and safety of passengers andemployees of the authority. The rules shall incorporate the provisions of theAmericans with Disabilities Act of 1990, 42 USC § 12101 et seq., and§ 28-5.1-7, chapter 28 of title 11 and chapter 87 of title 42 and bepromulgated in accordance with the provisions of chapter 35 of title 42.

   (b) All controversies arising out of application of anyprovision of this section shall be determined by the general manager or his orher designated hearing officer, who shall afford a hearing to the passengerand/or his or her parent or guardian, and, after hearing, shall render awritten decision. The decision of the general manager or hearing officer shallbe final except that the passenger aggrieved by the decision shall have a rightof appeal to the superior court, which shall affirm the decision unless it isclearly erroneous or contrary to law. The hearing shall be conducted inaccordance with the provisions of chapter 35 of title 42.

   (c) Notice shall be provided to the RIde funding agency oragencies for any hearing regarding their client/passengers on RIde vehicles. Arepresentative of the RIde funding agency or agencies may attend the hearing.The general manager or hearing officer will consider the recommendation of theRIde funding agency's representative in rendering his/her decision.

   (d) The decision of the general manager or hearing officermay include:

   (1) Refusing to transport a person whose violation of therules of the authority threatens the health and safety of passengers oremployees of the authority, for a period not to exceed six (6) months; and/or

   (2) Revoking a passenger's ticket, pass, or other faremedium, regardless of the number of trips or time period for which the ticket,pass, or other fare medium is valid, if the passenger's continued presence onan authority vehicle or at an authority facility threatens the health or safetyof the authority's other passengers or employees. The authority shall within areasonable time after such a revocation, refund to the passenger the unusedvalue of the ticket, pass, or other fare medium.

   (e) Nothing under this section precludes any other actionpermitted by law.

   (f) All RIde buses shall be installed with passenger securitycameras when federal funds become available for this purpose.

   (g) Any person seeking employment as a RIde bus driver shallundergo a criminal background check to be initiated prior to or within one weekof employment. All employees hired prior to the enactment of this subsectionshall be exempted from its requirements.

   (1) The applicant shall apply to the bureau of criminalidentification (BCI), department of attorney general, state police or localpolice department where he or she resides, for a statewide criminal recordscheck. Fingerprinting shall not be required. Upon the discovery of anydisqualifying information as defined in § 23-17-37, the bureau of criminalidentification of the state police or the local police department will informthe applicant, in writing, of the nature of the disqualifying information; and,without disclosing the nature of the disqualifying information, will notify theemployer, in writing, that disqualifying information has been discovered.

   (2) An individual against whom disqualifying information hasbeen found may request that a copy of the criminal background report be sent tothe employer who shall make a judgment regarding the ability of the individualto drive a RIde bus. In those situations in which no disqualifying informationhas been found, the bureau of criminal identification, state police or localpolice department shall inform the applicant and the employer in writing ofthis fact.

   (3) The criminal record check requirements of this sectionshall apply only to persons seeking to drive RIde buses.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-18 > 39-18-4-1

SECTION 39-18-4.1

   § 39-18-4.1  Health and safety ofpassengers. – (a) The authority shall have the power to establish reasonable rules of conductfor passengers for the protection of the health and safety of passengers andemployees of the authority. The rules shall incorporate the provisions of theAmericans with Disabilities Act of 1990, 42 USC § 12101 et seq., and§ 28-5.1-7, chapter 28 of title 11 and chapter 87 of title 42 and bepromulgated in accordance with the provisions of chapter 35 of title 42.

   (b) All controversies arising out of application of anyprovision of this section shall be determined by the general manager or his orher designated hearing officer, who shall afford a hearing to the passengerand/or his or her parent or guardian, and, after hearing, shall render awritten decision. The decision of the general manager or hearing officer shallbe final except that the passenger aggrieved by the decision shall have a rightof appeal to the superior court, which shall affirm the decision unless it isclearly erroneous or contrary to law. The hearing shall be conducted inaccordance with the provisions of chapter 35 of title 42.

   (c) Notice shall be provided to the RIde funding agency oragencies for any hearing regarding their client/passengers on RIde vehicles. Arepresentative of the RIde funding agency or agencies may attend the hearing.The general manager or hearing officer will consider the recommendation of theRIde funding agency's representative in rendering his/her decision.

   (d) The decision of the general manager or hearing officermay include:

   (1) Refusing to transport a person whose violation of therules of the authority threatens the health and safety of passengers oremployees of the authority, for a period not to exceed six (6) months; and/or

   (2) Revoking a passenger's ticket, pass, or other faremedium, regardless of the number of trips or time period for which the ticket,pass, or other fare medium is valid, if the passenger's continued presence onan authority vehicle or at an authority facility threatens the health or safetyof the authority's other passengers or employees. The authority shall within areasonable time after such a revocation, refund to the passenger the unusedvalue of the ticket, pass, or other fare medium.

   (e) Nothing under this section precludes any other actionpermitted by law.

   (f) All RIde buses shall be installed with passenger securitycameras when federal funds become available for this purpose.

   (g) Any person seeking employment as a RIde bus driver shallundergo a criminal background check to be initiated prior to or within one weekof employment. All employees hired prior to the enactment of this subsectionshall be exempted from its requirements.

   (1) The applicant shall apply to the bureau of criminalidentification (BCI), department of attorney general, state police or localpolice department where he or she resides, for a statewide criminal recordscheck. Fingerprinting shall not be required. Upon the discovery of anydisqualifying information as defined in § 23-17-37, the bureau of criminalidentification of the state police or the local police department will informthe applicant, in writing, of the nature of the disqualifying information; and,without disclosing the nature of the disqualifying information, will notify theemployer, in writing, that disqualifying information has been discovered.

   (2) An individual against whom disqualifying information hasbeen found may request that a copy of the criminal background report be sent tothe employer who shall make a judgment regarding the ability of the individualto drive a RIde bus. In those situations in which no disqualifying informationhas been found, the bureau of criminal identification, state police or localpolice department shall inform the applicant and the employer in writing ofthis fact.

   (3) The criminal record check requirements of this sectionshall apply only to persons seeking to drive RIde buses.