§ 39-18-4.1. Health and safety of passengers.
(a) The authority shall have the power to establish reasonable rules of conduct for passengers
for the protection of the health and safety of passengers and employees of the authority.
The rules shall incorporate the provisions of the Americans with Disabilities Act
of 1990, 42 U.S.C. § 12101 et seq., and § 28-5.1-7, chapter 28 of title 11, and chapter 87 of title 42 and be promulgated in accordance with the provisions of chapter 35 of title 42.
(b) All controversies arising out of application of any provision of this section shall
be determined by the general manager, or his or her designated hearing officer, who
shall afford a hearing to the passenger and/or his or her parent or guardian, and,
after hearing, shall render a written decision. The decision of the general manager
or hearing officer shall be final, except that the passenger aggrieved by the decision
shall have a right of appeal to the superior court, which shall affirm the decision
unless it is clearly erroneous or contrary to law. The hearing shall be conducted
in accordance with the provisions of chapter 35 of title 42.
(c) Notice shall be provided to the RIde funding agency or agencies for any hearing regarding
their client/passengers on RIde vehicles. A representative of the RIde funding agency
or agencies may attend the hearing. The general manager or hearing officer will consider
the recommendation of the RIde funding agency's representative in rendering his/her
decision.
(d) The decision of the general manager or hearing officer may include:
(1) Refusing to transport a person whose violation of the rules of the authority threatens
the health and safety of passengers or employees of the authority, for a period not
to exceed six (6) months; and/or
(2) Revoking a passenger's ticket, pass, or other fare medium, 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 on an authority vehicle or at an authority facility
threatens the health or safety of the authority's other passengers or employees. The
authority shall, within a reasonable time after such a revocation, refund to the passenger
the unused value of the ticket, pass, or other fare medium.
(e) Nothing under this section precludes any other action permitted by law.
(f) All RIde buses shall be installed with passenger security cameras when federal funds
become available for this purpose.
(g) Any person seeking employment as a RIde bus driver shall undergo a criminal background
check to be initiated prior to or within one week of employment. All employees hired
prior to the enactment of this subsection shall be exempted from its requirements.
(1) The applicant shall apply to the bureau of criminal identification (BCI), department
of attorney general, state police, or local police department where he or she resides,
for a statewide criminal records check. Fingerprinting shall not be required. Upon
the discovery of any disqualifying information as defined in § 23-17-37, the bureau of criminal identification, the state police, or the local police department
will inform the applicant, in writing, of the nature of the disqualifying information;
and, without disclosing the nature of the disqualifying information, will notify the
employer, in writing, that disqualifying information has been discovered.
(2) An individual against whom disqualifying information has been found may request that
a copy of the criminal background report be sent to the employer who shall make a
judgment regarding the ability of the individual to drive a RIde bus. In those situations
in which no disqualifying information has been found, the bureau of criminal identification,
state police, or local police department shall inform the applicant and the employer
in writing of this fact.
(3) The criminal record check requirements of this section shall apply only to persons
seeking to drive RIde buses.