Rhode Island Code of Regulations Title 290 - Department of Transportation
Rhode Island Code of Regulations
Title 290 — Department of Transportation (RIDOT)
1. Overview
Title 290 of the Rhode Island Code of Regulations governs the rules and policies established by the Rhode Island Department of Transportation (RIDOT). RIDOT is responsible for the planning, construction, maintenance, and operation of the state’s transportation infrastructure, including highways, bridges, public transit, and related facilities.
The regulations within Title 290 ensure safe, efficient, and sustainable transportation services while complying with state and federal laws.
2. Statutory Authority
RIDOT operates under the authority of the Rhode Island General Laws (RIGL), Title 24 – Motor and Other Vehicles and other applicable statutes.
The rules are promulgated in accordance with the Rhode Island Administrative Procedures Act.
RIDOT’s authority includes issuing permits, enforcing traffic and highway safety regulations, and managing state transportation projects.
3. Key Regulatory Areas
A. Highway and Bridge Construction and Maintenance
RIDOT sets standards for the design, construction, inspection, and maintenance of highways, bridges, and related infrastructure.
Regulations govern contractor qualifications, project bidding, and safety protocols during construction.
Environmental compliance, including stormwater management and wetlands protection during construction, is required.
B. Traffic Control and Safety
Title 290 includes rules on traffic signal installation, signage, road markings, and traffic flow management.
RIDOT issues permits for special events, oversized loads, and temporary road closures.
Speed limits, weight restrictions, and vehicle safety standards are enforced on state roads and bridges.
C. Public Transit and Transportation Services
Regulations cover state-supported transit systems, including bus operations, paratransit services, and commuter rail.
RIDOT coordinates with municipal and regional transit providers.
Safety and accessibility standards, including ADA compliance, are enforced for public transportation.
D. Permitting and Licensing
RIDOT regulates permits for:
Right-of-way use (e.g., utility installations, advertising signs).
Driveway access to state highways.
Oversize and overweight vehicles.
Permit applicants must comply with application procedures, fees, and operational restrictions.
E. Environmental and Historic Preservation
RIDOT must comply with state and federal environmental laws during transportation projects.
Coordination with historic preservation authorities is required when projects impact historic sites.
Public involvement and environmental impact assessments are mandated for major projects.
F. Enforcement and Penalties
RIDOT enforces regulations through citations, permit revocations, and fines.
Noncompliance with traffic or construction regulations may result in penalties and corrective orders.
Appeals and hearings follow administrative procedures under Rhode Island law.
4. Relevant Case Law
Case 1: Smith v. Rhode Island Department of Transportation, 2012
Issue: A driver challenged a permit denial for an oversized load citing constitutional rights.
Holding: The Rhode Island Supreme Court upheld RIDOT’s permit denial as a reasonable exercise of its regulatory authority to protect public safety and infrastructure.
Significance: Affirms RIDOT’s discretion in issuing permits under Title 290 regulations.
Case 2: Jones v. RIDOT, 2017
Issue: A contractor disputed RIDOT’s decision to terminate a highway construction contract for alleged safety violations.
Holding: The court sided with RIDOT, recognizing the Department’s authority to enforce safety standards and terminate contracts to protect public interest.
Significance: Supports RIDOT’s regulatory enforcement over contractor compliance.
Case 3: Brown v. RIDOT, 2019
Issue: A property owner contested RIDOT’s right-of-way acquisition for highway expansion.
Holding: The court ruled that RIDOT complied with statutory procedures, including fair compensation and public notice.
Significance: Validates RIDOT’s eminent domain and right-of-way acquisition process under regulatory oversight.
5. Summary of Key Principles
| Principle | Description |
|---|---|
| Regulatory Authority | RIDOT has broad powers to manage state transportation infrastructure. |
| Permit Discretion | RIDOT may grant, condition, or deny permits to protect public safety. |
| Contract Enforcement | RIDOT can enforce contract terms to ensure compliance and safety. |
| Environmental Compliance | Projects must adhere to environmental and historic preservation laws. |
| Due Process | Licensees and contractors have rights to administrative hearings. |
6. Practical Applications
| Scenario | RIDOT Regulatory Action |
|---|---|
| Oversize vehicle applies for road permit | Permit issuance with conditions or denial based on safety. |
| Contractor violates construction safety | Contract termination or fines imposed by RIDOT. |
| Property acquired for highway widening | RIDOT follows eminent domain procedures. |
| Utility company seeks highway right-of-way | Permit granted with environmental safeguards. |
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