§ 31-10-26 - Issuance of license.

SECTION 31-10-26

   § 31-10-26  Issuance of license. – (a) The division of motor vehicles shall, upon payment of the required fee,issue to every qualifying applicant an operator's or chauffeur's license. Thelicense shall be approximately two and one-half inches (2 1/2") wide and threeand one-half inches (3 1/2") long and shall bear on it a distinguishing numberassigned to the licensee, the full name, date of birth, residence address,brief description of the licensee, a photograph of the licensee, whether thelicensee has indicated a desire to donate tissue or organs pursuant to theprovisions of chapter 18.6 of title 23, and either a space upon which thelicensee shall write his or her usual signature with pen and ink or a facsimileof the signature of the licensee. No license shall be valid until it has beenso signed by the licensee designated on it. A negative file of all photographsof licensees shall be maintained by the division of motor vehicles for a periodof five (5) years.

   (b) The division of motor vehicles shall issue speciallicenses to those licensees who have indicated that they desire to donatetissue or organs, which conform to the provisions of the Rhode IslandAnatomical Gift Act, chapter 18.6 of title 23.

   (c) Any person who is a law enforcement officer, meaning anypermanently employed member of the state, city, or town police departments,sheriffs and deputy sheriffs, members of the marshal's unit, capitol police,and the state fire marshal and deputy fire marshals of the division of firesafety or a member of the department of attorney general, any permanentlyemployed federal law enforcement officer assigned in Rhode Island, or anymember of the United States Attorney's Office in Rhode Island or any employeeof the R.I. department of corrections, as recommended by the director of thedepartment of corrections, upon request of the applicant, shall be issued alicense which contains the applicant's official business address in lieu of aresidence address as required under the general provisions of this section.

   (d) The license issued to a person applying for the firsttime shall be designated as a "first license". A first license shall be issuedfor a one year period after which time a permanent driver's license shall beissued according to this section.

   (e) If an applicant has been adjudicated for committing onemoving motor vehicle violation, has been involved in one reportable motorvehicle accident, or both, he or she shall be summoned for a hearing before ajudge of the traffic tribunal at which time the driving record will bereviewed. The traffic tribunal judge shall determine if the person should begranted an operator's license, be reissued a first license, or be denied alicense to operate a motor vehicle in the state of Rhode Island.

   (f) Any person who is under the age of twenty-one (21) yearsshall, upon payment of the required fee and upon meeting the qualifications forthe receipt of an operator's or chauffeur's license, be issued a license whichshall be readily distinguishable in color from those licenses issued to personswho are twenty-one (21) years of age or older. When a person under the age oftwenty-one (21) years to whom a license has been issued and whose license is infull force and effect, attains his or her twenty-first birthday, he or sheshall be entitled to receive a new license of the type issued to persons whoare older than the age of twenty-one (21) years from the administrator of thedivision of motor vehicles upon demand at no expense. Every person shall supplyto the division of motor vehicles satisfactory proof of his or her date ofbirth.

   (g) The division of motor vehicles shall issue speciallicenses upon the request of a licensee which conform to the provisions of theRhode Island Anatomical Gift Act, chapter 18.6 of title 23.

   (h) The division of motor vehicles shall note in anappropriate manner a restriction on any person's license who is prohibited fromoperating a motor vehicle that is not equipped with an ignition interlocksystem as provided in chapter 27 of this title.

   (i) Any personal digitized information contained within anoperator's or chauffeur's license shall be limited to: (a) the licensee's name,age, date of birth, address, gender, physical description such as weight,height, hair color and eye color, signature and organ donor status; and (b) thelicense number, commercial endorsements, expiration date, issue date,restriction and class.

   (j) Except to the extent an entity is authorized to renewdrivers' licenses, or except for financial institutions engaged in theverification of information for financial transactions, nongovernmentalentities shall not have access to any digitized information contained in anoperator or chauffeur's license other than the licensee's name, age, date ofbirth, signature, and photographic image, and the license's expiration date;nor shall they store, record or retain any such information obtained through adigital reading device. Access to digitized information by such entities shallbe solely for the purpose of determining the age of an individual for atransaction, right or privilege available by law only to persons of a certainage.

   (k) To the extent that nongovernmental entities shall haveaccess to the digitized information stored on an operator's or chauffeur'slicense, the entity shall be civilly liable for the unauthorized access to, orretention or use of, such information by its agents or persons acting in thename of the entity.

   (l) The division of motor vehicles shall collect fromapplicants and licensees their social security numbers and tax identificationnumbers only to the extent required by federal law. Such numbers shall not beincluded, either digitally or visually, on the operator's or chauffeur'slicense.