Substitute Senate Bill No. 98

Public Act No. 00-169

An Act Revising Certain Motor Vehicle Laws.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (c) of section 14-12 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The commissioner may, for the more efficient administration of [his] the commissioner's duties, appoint licensed dealers meeting qualifications established by the commissioner pursuant to regulations adopted in accordance with the provisions of chapter 54, to issue new registrations for passenger motor vehicles and motorcycles, campers, camp trailers or trucks with a gross vehicle weight up to and including twenty-six thousand pounds when they are sold. The commissioner shall charge such dealer a fee of ten dollars for each book of twenty-five new dealer issue forms furnished for the purposes of this subsection. A person purchasing a motor vehicle or motorcycle from a dealer so appointed and registering the motor vehicle or motorcycle pursuant to this section shall file an application with the dealer and pay, to the dealer, a fee in accordance with the provisions of subsection (a) or (b) of section 14-49. The commissioner shall prescribe the time and manner in which the application and fee shall be transmitted to [him] the commissioner.

Sec. 2. Section 14-61 of the general statutes is repealed and the following is substituted in lieu thereof:

Any dealer licensed under the provisions of this subdivision (D) who in the opinion of the commissioner is qualified and sells or trades a passenger motor vehicle, motorcycle, camper, camp trailer or truck with a gross vehicle weight up to and including twenty-six thousand pounds to a transferee who holds a current registration certificate for a passenger motor vehicle, motorcycle, camper, camp trailer or truck with a gross vehicle weight up to and including twenty-six thousand pounds registered in this state may issue a [forty-five-day] sixty-day temporary transfer of such registration to the vehicle transferred with an official stamp issued by the commissioner, under regulations adopted by [him] the commissioner, to such dealer. The commissioner shall charge such dealer a fee of five dollars for each book of twenty-five new temporary dealer transfer forms furnished for the purposes of this section. No dealer may make such temporary transfer of a registration unless the transferee surrenders the current registration certificate to the dealer indicating the disposition of the vehicle described thereon in the space provided on the reverse side of such certificate and unless the transferee is eighteen years of age or older. The dealer shall, within [seven] five days from the issuance of such temporary registration, submit to the commissioner an application together with all necessary documents for a permanent registration for the vehicle transferred. No such temporary registration may be issued if the transferred passenger motor vehicle, motorcycle, camper, camp trailer or truck with a gross vehicle weight up to and including twenty-six thousand pounds is used and was not previously registered in this state unless the inspection requirements of section 14-12, as amended by this act, have been met or, if such motor vehicle is ten or more years old, unless the inspection requirements of section 14-16a, as amended by this act, have been met, or if such motor vehicle has been declared a total loss by an insurance company, unless the inspection requirements of section 14-103a have been met.

Sec. 3. Subsection (b) of section 14-15 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Each person, firm or corporation licensed under the provisions of subsection (a) of this section who in the opinion of the commissioner is qualified and who holds a current registration certificate for a motor vehicle used in connection with its business may issue a [forty-five-day] sixty-day temporary transfer of such registration to any other vehicle used in connection with its business with an official stamp issued by the commissioner to such licensee. The licensee, within [seven] five days from the issuance of such temporary registration, shall submit to the commissioner an application together with all necessary documents for a permanent registration for the vehicle transferred. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this subsection.

Sec. 4. Subsection (q) of section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof:

(q) The commissioner shall collect a biennial fee of twenty-eight dollars for the registration of each motor vehicle used exclusively for farming purposes. No such motor vehicle may be used for the purpose of transporting goods for hire or taking the on-the-road skills test portion of the examination for a motor vehicle operator's license. No farm registration shall be issued to any person operating a farm that has gross annual sales of less than two thousand five hundred dollars in the calendar year preceding registration. The commissioner may issue a farm registration for a passenger motor vehicle under such conditions as [he] such commissioner shall prescribe in regulations adopted in accordance with chapter 54. No motor vehicle issued a farm registration may be used to transport ten or more passengers on any highway unless such motor vehicle meets the requirements for equipment and mechanical condition set forth in this chapter, and, in the case of a vehicle used to transport more than fifteen passengers, including the driver, the applicable requirements of the Code of Federal Regulations, as adopted by the commissioner, in accordance with the provisions of subsection (a) of section 14-163c. The operator of such motor vehicle used to transport ten or more passengers shall hold a public transportation permit or endorsement issued in accordance with the provisions of section 14-44. Any farm registration used otherwise than as provided by this subsection shall be revoked.

Sec. 5. Section 14-81b of the general statutes is repealed and the following is substituted in lieu thereof:

The term "brake drum", as used in this section, means the individual cupped metal drums to which motor vehicle wheels are each attached and against whose interior surface, brake shoe pressure is applied to effect stopping, holding or control of forward or backward vehicle movement. The term "brake disc" as used in this section, means the parallel faced circular rotational member to which motor vehicle wheels are each attached and against whose exterior surface, brake lining pressure is applied to effect stopping, holding or control of forward or backward movement. No person, firm or corporation shall service, turn, grind, install, sell, give or offer for sale for passenger or commercial motor vehicle use any used brake drum [, the interior braking surface diameter of which exceeds sixty-thousandths of one inch maximum oversize] or brake disc which exceeds wear limits established in accordance with regulations adopted by the commissioner. Any person, firm or corporation which performs or permits any violation of this section shall be subject to the penalties provided in subsection (b) of section 14-222.

Sec. 6. Section 14-105 of the general statutes is repealed and the following is substituted in lieu thereof:

No television screen or other device of a similar nature, except a video display unit utilized for instrumentation purposes or a closed video monitor for backing, provided such monitor screen is disabled blank whenever the transmission of a vehicle so equipped is shifted out of reverse, shall be installed or used in this state in any position or location in a motor vehicle where it may be visible to the driver or where it may in any other manner interfere with the safe operation and control of the vehicle. Violation of any provision of this section shall be an infraction.

Sec. 7. Subsection (a) of section 14-163c of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Motor Vehicles may adopt regulations in accordance with the provisions of chapter 54 which incorporate by reference the standards set forth in the Code of Federal Regulations, Title 49, Parts 382, 383 and 385 through 397, as amended. Such regulations, adopted by reference to the provisions of the Code of Federal Regulations, Title 49, Parts 382, 383 and 385 through 397, as amended, may be made applicable to any motor vehicle or motor carrier, as defined in 49 CFR 390, which (1) is in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating of eighteen thousand one or more pounds; or (2) is in interstate commerce and has a gross vehicle weight rating or gross combination weight rating of ten thousand one or more pounds; or (3) is designed to transport more than fifteen passengers, including the driver; or (4) is used in the transportation of hazardous materials in a quantity requiring placarding under the Hazardous Materials Transportation Act, 49 USC App. 1801-1813, unless exempted under the provisions of the code or the provisions of subsection (b) of this section.

Sec. 8. Subsection (d) of section 14-163c of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Any state or municipal police officer or motor vehicle inspector may (1) inspect any motor vehicle specified in subsection (a) of this section in operation and examine its operator to determine compliance with the provisions of the Code of Federal Regulations, Title 49, Parts 382, 383 and 385 through 397, as amended, (2) enter upon the premises of any motor carrier, as defined in the Code of Federal Regulations, Title 49, Section 390.5, as amended, for the purpose of inspecting records maintained by such carrier, (3) conduct a safety rating procedure, in accordance with the provisions of the Code of Federal Regulations, Title 49, Part 385, as amended, for any motor carrier that owns or operates any motor vehicle identified in subsection (a) of this section, (4) declare a motor vehicle or its operator out of service as provided in the Code of Federal Regulations, Title 49, Sections 395.13 and 396.9, as amended, or [(4)] (5) issue an infractions complaint under the provisions of this section, provided such officer or inspector meets the standards established by the commissioner, in consultation with the Commissioner of Public Safety, in regulations adopted in accordance with the provisions of chapter 54.

Sec. 9. Section 14-275 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The term "school bus" means any motor bus, painted, constructed, equipped and registered as hereinafter provided, which is regularly used for transporting school children to and from school or school activities whether or not for compensation or under contract to provide such service. No vehicle shall be registered as a school bus unless it complies with all requirements of sections 14-275 to 14-281, inclusive, as amended by this act, as to color, markings, equipment and inspection, and each such vehicle shall be inspected prior to such registration in accordance with regulations prescribed by the Commissioner of Motor Vehicles. The commissioner or [his] the commissioner's designee may also conduct random, unannounced inspections of any registered school bus. The provisions of said sections requiring other vehicles to stop at the signal of the operator of a registered school bus shall not apply to a signal by the operator of any vehicle not registered as a school bus and not complying with all requirements for such registration.

(b) Each school bus shall be painted a uniform yellow color known as ["National School Bus Chrome"] "National School Bus Glossy Yellow", except for the fenders and trim which may be painted black and the roof which may be painted white, and shall have conspicuously painted on the rear and on the front thereof, in black lettering of a size to be determined by the Commissioner of Motor Vehicles, the words "School Bus-Stop on Signal", except that each school bus equipped with an eight-light warning system shall have the words "School Bus" painted on the rear and on the front thereof in such lettering. The sides of such vehicles may be inscribed with the words "School Bus", the school name or such other legend or device as may be necessary for purposes of identification or safety.

(c) Each school bus shall be equipped with special automatic, electrically-operated flashing stop signals, which shall be independent and separate from the braking, stop and tail lights of standard equipment. Such flashing lights may include automatic traffic signalling devices showing red and amber lights and shall be so located that adequate warning will be afforded to both oncoming and overtaking traffic, except that each school bus manufactured on and after October 1, 1984, and registered for use in this state shall be equipped with an eight-light warning system, showing two red flashing stop signals and two amber flashing warning signals on the front and rear of the bus, and a stop semaphore. The commissioner may adopt standards for an eight-light warning system and standards and specifications for the construction of school buses and for equipment to be maintained on school buses consistent with the provisions of sections 14-275 to 14-281, inclusive, as amended by this act. [except that the commissioner shall not adopt or enforce any standard or specification which requires a seating arrangement based on a minimum seating width for each child.] Both public and private owners of school buses shall maintain a record of such kinds of repairs made to such buses as the commissioner may require and such work record shall be available at all times to the commissioner and [his] the commissioner's designated assistants. All such maintenance records shall be retained for a period of two years. Each school bus shall be equipped with emergency lighting equipment as provided by section 14-97a, with a defrosting device as provided by section 14-97, with a system of mirrors as provided in the Code of Federal Regulations Title 49, Section 571.111, as amended, or with an outside mirror as provided by section 14-99 and a system of crossover mirrors designed and mounted so as to give the driver a view of the road from the front bumper forward to a point where direct observation is possible and along the left and right sides of the bus, with a signalling device as provided by section 14-101, and with chain nonskid devices for immediate use on at least one outside or inside rear tire on each side or tires designed to prevent skidding on all rear wheels when weather and highway conditions require such use. Commencing February 1, 1974, each new school bus with a vehicle air brake system shall be so equipped that the brake system is operated from a separate air reservoir tank other than the air reservoir tank used to operate any other compressed air or vacuum operated devices with which the school bus may be equipped. The seating requirements of section 14-273 shall be observed. Notwithstanding the provisions of section 14-98, school buses may be equipped with tires incorporating a metal nonskid device during the period from October fifteenth to April thirtieth, inclusive.

(d) Any person who violates any provision of this section shall, for a first offense, be deemed to have committed an infraction, and for each subsequent offense shall be fined not less than one hundred dollars nor more than five hundred dollars.

Sec. 10. Section 14-275c of the general statutes is amended by adding subsection (c) as follows:

(NEW) (c) Any person who violates any provision of any regulation adopted pursuant to this section shall, for a first offense, be deemed to have committed an infraction, and for each subsequent offense shall be fined not less than one hundred dollars nor more than five hundred dollars.

Sec. 11. Subsection (a) of section 14-283 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) "Emergency vehicle", as used in this section, means any ambulance or emergency medical service organization vehicle responding to an emergency call, any vehicle used by a fire department or by any officer of a fire department while on the way to a fire or while responding to an emergency call but not while returning from a fire or emergency call, or any state or local police vehicle operated by a police officer or inspector of the Department of Motor Vehicles answering an emergency call or in the pursuit of fleeing law violators.

Sec. 12. Subsection (c) of section 14-270 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Any permit issued under this section or a legible copy or facsimile shall be retained in the possession of the operator of the vehicle or combination of vehicles or vehicle and trailer for which such permit was issued, except that a telegraphic confirmation of the existence of such permit or the use of the special number plates described in section 14-24 and any regulations adopted thereunder shall be sufficient to fulfill the requirements of this section.

Sec. 13. Subsection (c) of section 14-164i of the general statutes, as amended by section 21 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(c) [The owner of a] Any person, as defined in subsection (g) of section 14-164i, as amended by this act, whose vehicle [which] fails to pass an inspection under subsection (b) of this section shall have the vehicle repaired and, within forty-five consecutive calendar days, present proof of emissions-related repairs of such vehicle in such form as the commissioner shall require. The commissioner shall issue a two-year intrastate waiver from compliance with emissions standards to any such vehicle failing to meet such standards but complying with the minimum repair requirements. For purposes of this section, the minimum repair requirements for diesel-powered commercial motor vehicles shall be the expenditure of one thousand dollars towards emissions-related repairs of such vehicle. The Commissioner of Motor Vehicles shall suspend the commercial registration, issued pursuant to the provisions of this chapter, of any vehicle for which no proof of emissions-related repairs has been submitted within such forty-five-day period.

Sec. 14. Subsection (g) of section 14-164i of the general statutes, as amended by section 21 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(g) For the purposes of this section, (1) "commercial motor vehicle" shall not be construed to include a school bus, and (2) "person" shall mean the person holding title to the vehicle or having legal right to register the same, including [purchasers under conditional bills of sale] a purchaser under a conditional bill of sale and a lessee for a term of more than thirty days.

Sec. 15. Section 14-96s of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.

[(b) Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.]

[(c)] (b) Any motor vehicle may be equipped with one or more backup lamps either separately or in combination with other lamps, but any such backup lamp or lamps shall not be lighted when the motor vehicle is in forward motion.

[(d)] (c) Any vehicle eighty inches or more in overall width, if not otherwise required by section 14-96f, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in subdivision (f) of said section.

[(e)] (d) Operating a motor vehicle with fenders, running boards, backup and identification lamps, except as authorized by this section shall be an infraction.

Sec. 16. Section 14-171 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The application for a certificate of title of a vehicle in this state shall be made by the owner [to the commissioner on the form he] on a form the commissioner prescribes and shall contain: (1) The name, residence and mail address of the owner; (2) a description of the vehicle including, so far as the following data exists, its make, model, identification number, type of body, the number of cylinders and whether new or used; (3) the mileage reading at the time of application; (4) the date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements and, if a new vehicle, the application shall be accompanied by a manufacturer's or importer's certificate of origin; and (5) any further information the commissioner reasonably requires to identify the vehicle and to enable [him] the commissioner to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle. Such application shall be accompanied by the most recent Connecticut certificate of title for such vehicle, if any, unless the owner submits a statement on a form prescribed by the commissioner, that the title is lost or destroyed or, despite reasonable efforts cannot be located or obtained from the person or firm last known to have possession of such certificate or title.

(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver the application to the commissioner.

(c) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by: (1) Any certificate of title issued by the other state or country; (2) any other information and documents the commissioner reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it; and (3) [the certificate of a person authorized by the commissioner that the identification number of the vehicle has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vehicle the commissioner reasonably requires] evidence that the manufacturer's identification number of the vehicle was inspected at the time of registration, or inspected by a licensed dealer in accordance with subsection (c) of section 14-99h.

Sec. 17. Section 14-180 of the general statutes is repealed and the following is substituted in lieu thereof:

If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner or the lienholder [within ten days after delivery to him of the vehicle, he] or submits a statement on a form prescribed by the commissioner in accordance with subsection (a) of section 14-171, as amended by this act, the dealer need not send the certificate to the commissioner but, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of [his] such lienholder's security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes, and mail or deliver the certificate or statement to the commissioner with the transferee's application for a new certificate.

Sec. 18. Subdivision (2) of subsection (a) of section 14-253a of the general statutes is repealed and the following is substituted in lieu thereof:

(2) "Removable windshield placard" means a two-sided, hanger-style placard [which is valid for a five-year period from the date of its issuance and] which bears on both of its sides: (A) The international symbol of access in a height of three inches or more centered on such placard and colored white on a blue background; (B) a unique identification number; (C) a date of expiration; and (D) a statement indicating that the Connecticut Department of Motor Vehicles issued such placard.

Sec. 19. Subsection (b) of section 14-253a of the general statutes, as amended by section 24 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(b) The Commissioner of Motor Vehicles shall accept applications and renewal applications for special license plates and removable windshield placards [upon receipt of a fee of five dollars] from (1) any person who is blind, as defined in section 1-1f; (2) any person with disabilities which limit or impair the ability to walk, as defined in 23 CFR Part 1235.2; (3) any parent or guardian of any blind person or person with disabilities who is under eighteen years of age at the time of application; and (4) any organization which meets criteria established by the commissioner and which certifies to the commissioner's satisfaction that the vehicle for which a plate or placard is requested is primarily used to transport blind persons or persons with disabilities which limit or impair their ability to walk. Such applications shall be on a form prescribed by the commissioner and shall include certification of disability from a licensed physician or of blindness from an ophthalmologist or an optometrist. In the case of persons with disabilities which limit or impair the ability to walk, the application shall also include certification from a licensed physician or a member of the handicapped driver training unit established pursuant to section 14-11b, that the applicant meets the definition of persons with disabilities which limit or impair the ability to walk, as defined in 23 CFR Section 1235.2. The commissioner, in said commissioner's discretion, may accept the discharge papers of a disabled veteran, as defined in section 14-254, in lieu of such certification. The commissioner may require additional certification at the time of the original application or at any time thereafter. If a person who has been requested to submit additional certification fails to do so within thirty days of the request, or if such additional certification is deemed by the commissioner to be unfavorable to the applicant, the commissioner may refuse to issue or, if already issued, suspend or revoke such special license plate or removable windshield placard. The fee for the issuance of a temporary removable windshield placard shall be five dollars. Any person whose application has been denied or whose special license plate or removable windshield placard has been suspended or revoked shall be afforded an opportunity for a hearing in accordance with the provisions of chapter 54.

Sec. 20. Section 14-67n of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No motor vehicle recycler licensee shall rent or allow or cause to be rented, or operate or allow or cause to be operated for hire, or use or allow or cause to be used for the purpose of conveying passengers or merchandise or freight for hire, any motor vehicle registered under a general distinguishing number or mark. Such plates as are issued to a licensee may be used in connection with [his] such licensee's business for the purpose of towing vehicles to [his] such licensee's place of business, for use on the vehicle being towed, for use on commercial vehicles carrying motor vehicles or parts thereof to [his] such licensee's place of business for the purpose of dismantling, and for carrying parts of motor vehicles or motor vehicle scrap from such place of business to the place of sale or disposition. The licensee may use such plates for [his] personal use on vehicles owned by [him] such licensee.

(b) A motor vehicle recycler licensee may apply to the commissioner for a general distinguishing number and number plate for the purpose of displaying such number plate on a motor vehicle being towed in connection with such licensee's business. The commissioner shall charge a fee to cover the cost of the issuance and renewal of such number plates.

Sec. 21. Section 14-20 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The commissioner may issue special number plates for antique, rare or special interest motor vehicles, such special number plates to be issued on a permanent basis. The commissioner shall charge a fee for such plates which shall cover the entire cost of making the same. An owner of an antique, rare or special interest motor vehicle may use [his] such owner's own porcelain number plate in place of the plates issued by the commissioner provided (1) such plate was originally issued by the department, and (2) such owner files with the commissioner a description and the number of such plate and any additional information the commissioner may require.

(b) Notwithstanding the provisions of subsection (a) of this section, section 14-18, as amended, and section 14-21b, as amended, the owner of an antique, rare or special interest motor vehicle may be authorized by the commissioner to display a number plate originally issued by the Commissioner of Motor Vehicles corresponding to the year of manufacture of such antique, rare or special interest motor vehicle. The commissioner shall issue a certificate of registration, as provided in section 14-12, as amended by this act. Such registration shall be valid, subject to renewal, so long as the commissioner permits. Thereafter, the registration number and number plates, if any, which were assigned to such motor vehicle before such registration and number plates were issued under this section, shall be in effect. Each such number plate authorized for use by the commissioner shall be displayed in a conspicuous place at the rear of such motor vehicle at all times while the vehicle is in use or operation upon any public highway. A sticker shall be affixed to each such number plate to denote the expiration date of the registration, unless the commissioner authorizes the sticker, or other evidence of the period of the registration, to be placed elsewhere or carried in such motor vehicle. The commissioner may adopt regulations, in accordance with chapter 54, to implement the provisions of this subsection.

Sec. 22. Section 46 of public act 99-268 is repealed and the following is substituted in lieu thereof:

[This act] Public act 99-268 shall take effect from its passage, except that sections 21, 31 and 32 shall take effect July 1, 1999, sections 1 to 13, inclusive, [15 to 30] 15 to 20, inclusive, 22 to 30, inclusive, 33 to 37, inclusive, 44 and 45 shall take effect October 1, 1999, and sections 14 and 39 to 43, inclusive, shall take effect January 1, 2000.

Sec. 23. Subdivision (74) of section 12-81 of the general statutes, as amended by section 1 of public act 99-280, is repealed and the following is substituted in lieu thereof:

(74) (A) (i) For a period not to exceed five assessment years following the assessment year in which it is first registered, any new commercial truck, truck tractor, tractor and semitrailer, and vehicle used in combination therewith, which is used exclusively to transport freight for hire and: Is either subject to the jurisdiction of the United States Department of Transportation pursuant to Chapter 135 of Title 49, United States Code, or any successor thereto, or would otherwise be subject to said jurisdiction except for the fact that the vehicle is used exclusively in intrastate commerce; has a gross vehicle weight rating in excess of twenty-six thousand pounds; and prior to August 1, 1996, was not registered in this state or in any other jurisdiction but was registered in this state on or after said date. (ii) For a period not to exceed five assessment years following the assessment year in which it is first registered, any new commercial truck, truck tractor, tractor and semitrailer, and vehicle used in combination therewith, not eligible under [(i)] subparagraph (A) (i) of this subdivision, that has a gross vehicle weight rating in excess of fifty-five thousand pounds and was not registered in this state or in any other jurisdiction but was registered in this state on or after August 1, 1999. As used in this subdivision, "gross vehicle weight rating" shall have the same meaning as in section 14-1, as amended;

(B) Any person who on October first in any year holds title to or is the registrant of a vehicle for which he intends to claim the exemption provided in this subdivision shall file with the assessor or board of assessors in the municipality in which the vehicle is subject to property taxation, on or before the first day of November in such year, a written application claiming such exemption on a form prescribed by the Secretary of the Office of Policy and Management. Such person shall include information as to the make, model, year and vehicle identification number of each such vehicle, and any appurtenances attached thereto, in such application. The person holding title to or the registrant of such vehicle for which exemption is claimed shall furnish the assessor or board of assessors with such supporting documentation as said secretary may require, including, but not limited to, evidence of vehicle use, acquisition cost and registration. With respect to any vehicle for which the exemption under this subdivision has previously been claimed, the person shall also include information as to any modifications made to the vehicle subsequent to the assessment date with respect to which said exemption was previously claimed. Failure to file such application in this manner and form within the time limit prescribed shall constitute a waiver of the right to such exemption for such assessment year, unless an extension of time is allowed as provided in section 12-81k;

(C) With respect to any vehicle which is not registered on the first day of October in any assessment year and which is registered subsequent to said first day of October but prior to the first day of August in such assessment year, the value of such vehicle for property tax exemption purposes shall be a pro rata portion of the value determined in accordance with subparagraph (D) of this subdivision, to be determined by a ratio, the numerator of which shall be the number of months from the date of such registration, including the month in which registration occurs, to the first day of October next succeeding and the denominator of which shall be twelve. For purposes of this subdivision the term "assessment year" means the period of twelve full months commencing with October first each year;

(D) Notwithstanding the provisions of section 12-71d, the assessor or board of assessors shall determine the value for each vehicle with respect to which a claim for exemption under this subdivision is approved, based on the vehicle's cost of acquisition, including costs related to the modification of such vehicle, adjusted for depreciation in accordance with the schedule set forth in section 12-94c.

Sec. 24. Subsection (b) of section 14-16a of the general statutes, as amended by section 2 of public act 99-287, is repealed and the following is substituted in lieu thereof:

(b) The following vehicles, upon transfer of ownership, shall be presented for inspection, as directed by the commissioner, at any state Department of Motor Vehicles office or any official emissions inspection station authorized by the Commissioner of Motor Vehicles to conduct such inspection: (1) All motor vehicles ten model years old or older which are registered in this state and which were originally used or designed as fire apparatus and which are of historical or special interest as determined by the commissioner, (2) all antique, rare or special interest motor vehicles, and (3) all modified antique motor vehicles. Any such vehicle shall be inspected to determine whether it is in good mechanical condition before registration can be issued to the new owner of such vehicle. The determination of the mechanical condition of a vehicle described in subdivisions (1) and (2) of this subsection shall be made by inspecting only the vehicle's original equipment and parts or the functional reproductions of the original equipment and parts. The mechanical condition of modified antique motor vehicles shall be determined by inspecting the original equipment and any functioning replacements of such equipment. If the commissioner authorizes the contractor that operates the system of official emissions inspection stations or other business or firm, except a licensee of the department, to conduct the safety inspections required by this subsection, the commissioner may authorize the contractor or other business or firm to charge a fee, not to exceed fifteen dollars, for each such inspection. The commissioner may authorize any motor vehicle dealer or repairer, licensed in accordance with section 14-52 and meeting qualifications established by the commissioner, to make repairs to any motor vehicle that has failed an initial safety inspection and to certify to the commissioner that the motor vehicle is in compliance with the safety and equipment standards for registration. No such authorized dealer or repairer shall charge any additional fee to make such certification to the commissioner.

Sec. 25. Subsection (c) of section 14-65 of the general statutes, as amended by section 16 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(c) The provisions of this section shall not apply to a sale by a sheriff or such sheriff's deputy or to a private auction sale of motor vehicles, used by the seller, who is not a used car dealer as defined in section 14-51, in the operation of [his] such seller's business or for [his] personal use.

Sec. 26. Subsection (o) of section 14-49 of the general statutes, as amended by public act 99-118, is repealed and the following is substituted in lieu thereof:

(o) No registration fee or operator's license fee shall be charged in respect to any motor vehicle owned by a municipality, as defined in section 7-245, any other governmental agency or a military agency and used exclusively for the conduct of official business. No registration fee shall be charged for any motor vehicle owned by or leased to a transit district and used exclusively to provide public transportation. No fee shall be charged for the registration of ambulances owned by hospitals or any nonprofit civic organization approved by the commissioner, but a fee of twenty dollars shall be charged for the inspection of any such ambulance. No fee shall be charged for the registration of fire department apparatus as provided by section 14-19. No registration fee shall be charged to a disabled veteran, as defined in section 14-254, residing in this state for the registration of three passenger, [motor vehicle,] camper or passenger and commercial motor [vehicle] vehicles leased or owned by such veteran in any registration year, provided such [vehicle] vehicles shall not be used for hire. No registration fee shall be charged for any motor vehicle leased to an agency of this state on or after June 4, 1982.

Sec. 27. Section 14-163b of the general statutes is repealed and the following is substituted in lieu thereof:

Any person who is the owner or who becomes the owner of any motor vehicle originally designed for use primarily as an ambulance and who ceases to use such vehicle for its original or former purpose shall remove therefrom all exterior indication of and all exterior equipment solely used or related to the original or former use of such vehicle. The provisions of this section shall not apply to any motor vehicle registered as an antique, rare or special interest motor vehicle, in accordance with section 14-20, as amended by this act.

Sec. 28. Subsection (b) of section 14-261b of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Notwithstanding the provisions of sections 31-51t to 31-51aa, inclusive, (1) any person employing a driver of a commercial motor vehicle, as defined in section 14-1, operating in intrastate commerce in the state shall require such driver to submit to testing as provided by federal law pursuant to 49 USC [3102] 31306 and 49 CFR Parts 382 and 391, and (2) any person employing a driver of a motor vehicle with a gross vehicle weight rating of ten thousand and one pounds or more but not more than twenty-six thousand pounds, a mechanic who repairs or services such a vehicle or a commercial motor vehicle, as defined in section 14-1, or a forklift operator may require such driver, mechanic or operator to submit to testing as provided by federal law pursuant to 49 USC 3102 and 49 CFR Parts 382 and 391.

Sec. 29. Subsection (d) of section 14-164c of the general statutes is repealed and the following is substituted in lieu thereof:

(d) No motor vehicle shall be operated upon the highways of this state unless such vehicle has evidence of inspection and compliance with subsection (c) of this section in accordance with a schedule for inspection and compliance as established by the commissioner. The commissioner shall grant waivers from compliance with standards for vehicles which fail any required inspection and require an unreasonable cost of repair to bring the vehicle into compliance. The commissioner may determine compliance of a vehicle that has failed a [transient] emissions retest by means of a complete physical and functional diagnosis and inspection of the vehicle, in accordance with the provisions of 40 CFR Part 51.360, showing that no additional emissions-related repairs are needed. [For purposes of this chapter, a transient emissions test or retest means a procedure performed in accordance with the provisions of 40 CFR Part 51.357.] An extension of time, not to exceed the period of inspection frequency, may be granted to obtain needed repairs on a vehicle in the case of economic hardship of the owner. Only one such extension may be granted for any vehicle. The commissioner shall design a sticker to be affixed to the windshield of such vehicle which shall bear the date of expiration of the assigned inspection period on both sides. As used in this section, "unreasonable cost of repair" means cost of repair in excess of the amounts required to be expended by Title 40, Part 51.360 of the Code of Federal Regulations, as amended.

Sec. 30. Subsection (e) of section 14-164c of the general statutes is repealed and the following is substituted in lieu thereof:

(e) In order to provide for emissions inspection facilities, the commissioner shall enter into a negotiated inspection agreement or agreements, notwithstanding chapters 50, 58, 59 and 60, with an independent contractor or contractors, to provide for the leasing, construction, equipping, maintenance or operation of a system of official emissions inspection stations in such numbers and locations as may be required to provide vehicle owners reasonably convenient access to inspection facilities. The commissioner may employ such system and the services of such contractor or contractors to conduct safety inspections as provided by section 14-16a, as amended by this act, subsection (g) of section 14-12, as amended and section 14-103a. The commissioner is prohibited from entering into an inspection agreement with any independent contractor who: (1) Is engaged in the business of maintaining or repairing vehicles in this state, except that the independent contractor shall not be precluded from maintaining or repairing any vehicle owned or operated by the independent contractor; or (2) does not have the capability, resources or technical and management skill to adequately conduct, equip, operate and maintain a sufficient number of official emissions inspection stations. All persons employed by the independent contractor in the performance of an inspection agreement are deemed to be employees of the independent contractor and not of this state. The inspection agreement or agreements authorized by this section shall be subject to other provisions as follows: (A) [Contracts for performance of inspections for a minimum term of five years; (B) minimum] Minimum requirements for staff, equipment, management and hours and place of operation of official emissions inspection stations; [(C)] (B) reports and documentation concerning the operation of official emissions inspection stations as the commissioner may require; [(D)] (C) surveillance privileges for the commissioner to ensure compliance with standards, procedures, rules, regulations and laws; and [(E)] (D) any other provision deemed necessary by the commissioner for the administration of the inspection agreement. Nothing in the inspection agreement shall require the state to purchase any asset or assume any liability if such agreement is not renewed.

Sec. 31. Subsection (g) of section 14-164c of the general statutes, as amended by section 18 of public act 99-268, is repealed and the following is substituted lieu thereof:

(g) The commissioner, with approval of the Secretary of the Office of Policy and Management, shall establish, and from time to time modify, the inspection fees, not to exceed ten dollars per [inspection] annual inspection or twenty dollars for each biennial inspection or reinspection required pursuant to this chapter for inspections performed at official emissions inspection stations. If the costs to the state of the emissions inspection program, including administrative costs and payments to any independent contractor, exceed the income from such inspection fees, such excess costs shall be borne by the state. Any person whose vehicle has been inspected at an official emissions inspection station shall, if such vehicle is found not to comply with any required standards, have the vehicle repaired and have the right within thirty consecutive calendar days to return such vehicle for one reinspection without charge, provided, where the thirtieth day falls on any day when the official emissions inspection station is closed for business, such person may return his vehicle for reinspection on the next day on which such station is open for business. The commissioner shall assess a late fee of twenty dollars for the emissions inspection of a motor vehicle performed at an official emissions inspection station later than thirty days after the expiration date of the assigned inspection period provided the commissioner may waive such late fee when it is proven to his satisfaction that the failure to have the vehicle inspected within thirty days of the assigned inspection period was due to exigent circumstances. If ownership of the motor vehicle has been transferred subsequent to the expiration date of the assigned inspection period and the new owner has such motor vehicle inspected within thirty days of the registration of such motor vehicle, the commissioner shall waive the late fee. If the thirtieth day falls on any day when the official emissions inspection station is closed for business, such vehicle may be inspected on the next day on which such station is open for business and no late fee shall be assessed. [Fifty per cent of such late fees received by the commissioner pursuant to this subsection shall be deposited in the General Fund and the remainder shall be deposited in the Emissions Enterprise Fund.] The ten-dollar fee imposed pursuant to this subsection shall terminate at the expiration of the negotiated agreement in effect [on June 1, 1992] on the effective date of this act. The commissioner shall then establish a temporary inspection fee to remain in effect until such time as the General Assembly establishes a new fee.

Sec. 32. Subsection (j) of section 14-164c of the general statutes is repealed and the following is substituted in lieu thereof:

(j) No person, firm or corporation shall operate or allow to be operated any motor vehicle that has not been inspected and found to be in compliance with the provisions of subsections (c), (d) and (f) and the regulations adopted by the commissioner. Operation in violation of subsections (c), (d) and (f) and the regulations adopted by the commissioner shall be an infraction for each violation, except that the fine for a first violation shall be thirty-five dollars. [, and the commissioner may suspend the registration of any vehicle in violation of the provisions of said subsections or regulations until the owner has complied with the requirements of this section.] The commissioner may deny the issuance of registration to the owner of a motor vehicle, or the renewal of registration to any such owner, or suspend any registration that has been issued, if such motor vehicle is not in compliance with the inspection requirements of this chapter.

Sec. 33. Section 14-10 of the general statutes, as amended by section 2 of public act 99-77, section 1 of public act 99-232 and section 28 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(a) For the purposes of this section:

(1) "Disclose" means to engage in any practice or conduct to make available and make known, by any means of communication, personal information contained in a motor vehicle record pertaining to an individual to any other individual, organization or entity;

(2) "Motor vehicle record" means any record that pertains to an operator's license, learner's permit, identity card, registration, certificate of title or any other document issued by the Department of Motor Vehicles;

(3) "Personal information" means information that identifies an individual and includes an individual's photograph or computerized image, Social Security number, operator's license number, name, address other than the zip code, telephone number, or medical or disability information, but does not include information on motor vehicle accidents or violations, or information relative to the status of an operator's license, registration or insurance coverage; and

(4) ["Consent" means a written authorization signed] "Express consent" means an affirmative agreement given by the individual who is the subject of personal information that specifically grants permission to the department to release such information to the requesting party. Such agreement shall (A) be in writing or such other form as the commissioner may determine in regulations adopted in accordance with the provisions of chapter 54, and (B) specify a procedure for the individual to withdraw such consent, as provided in regulations adopted in accordance with the provisions of chapter 54.

(b) A number shall be assigned to each motor vehicle registration and operator's license and a record of all applications for motor vehicle registrations and operators' licenses issued shall be kept by the commissioner at the main office of the Department of Motor Vehicles.

(c) (1) All records of the Department of Motor Vehicles pertaining to the application for registration, and the registration, of motor vehicles of the current or previous three years shall be maintained by the commissioner at the main office of the department. Any such records over three years old may be destroyed at the discretion of the commissioner. (2) Before disclosing personal information pertaining to an applicant or registrant from such motor vehicle records or allowing the inspection of any such record containing such personal information in the course of any transaction conducted at such main office, the commissioner shall ascertain whether such disclosure is authorized under subsection (f) of this section, and require the person or entity making the request to (A) complete an application that shall be on a form prescribed by the commissioner, (B) provide two forms of acceptable identification and (C) pay a fee of fifteen dollars to the commissioner in addition to any fee required under section 14-50a. An attorney-at-law admitted to practice in this state may provide juris number to the commissioner in lieu of the requirements of subparagraph (B) of this subdivision. The commissioner may disclose such personal information or permit the inspection of such record containing such information only if such disclosure is authorized under subsection (f) of this section.

(d) The commissioner may disclose personal information from a motor vehicle record pertaining to an operator's license or a driving history or permit the inspection or copying of any such record or history containing such information in the course of any transaction conducted at the main office of the department only if such disclosure is authorized under subsection (f) of this section. Any such records over five years old may be destroyed at the discretion of the commissioner.

(e) In the event (1) a federal court judge, federal court magistrate or judge of the Superior Court, Appellate Court or Supreme Court of the state, (2) a member of a municipal police department or a member of the Division of State Police within the Department of Public Safety, (3) an employee of the Department of Correction, (4) an attorney-at-law who represents or has represented the state in a criminal prosecution, or (5) a member or employee of the Board of Parole submits a written request and furnishes such individual's business address to the commissioner, such business address only shall be disclosed or available for public inspection to the extent authorized by this section.

(f) The commissioner may disclose personal information from a motor vehicle record to (1) any federal, state or local government agency in carrying out its functions or to any individual or entity acting on behalf of any such agency, or (2) any individual, organization or entity that signs and files with the commissioner, under penalty of false statement as provided in section 53a-157b, a statement on a form approved by the commissioner, together with such supporting documentation or information as the commissioner may require, that such information will be used for any of the following purposes:

(A) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers and removal of nonowner records from the original owner records of motor vehicle manufacturers to implement the provisions of the federal Automobile Information Disclosure Act, 15 USC 1231 et seq., the Motor Vehicle Information and Cost Saving Act, 15 USC 1901 et seq., the National Traffic and Motor Vehicle Safety Act of 1966, 15 USC 1381 et seq., Anti-Car Theft Act of 1992, 15 USC 2021 et seq., and the Clean Air Act, 42 USC 7401 et seq., as amended from time to time, and any provision of the general statutes enacted to attain compliance with said federal acts;

(B) In the normal course of business by the requesting party, but only to confirm the accuracy of personal information submitted by the individual to the requesting party;

(C) In connection with any civil, criminal, administrative or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, an investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to an order of any court provided the requesting party is a party in interest to such proceeding;

(D) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and motor vehicle parts and dealers, motor vehicle market research activities including survey research, motor vehicle product and service communications, and removal of nonowner records from the original owner records of motor vehicle manufacturers, provided the personal information is not published, disclosed or used to contact individuals except as permitted under subparagraph (A) of this subdivision;

(E) By any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors, in connection with the investigation of claims arising under insurance policies, antifraud activities, rating or underwriting;

(F) In providing any notice required by law to owners or lienholders named in the certificate of title of towed, abandoned or impounded motor vehicles;

(G) By an employer or its agent or insurer to obtain or verify information relating to a holder of a passenger endorsement or commercial driver's license required under the federal Commercial Motor Vehicle Safety Act of 1986, 49 USC 2304 et seq., and sections 14-44 to 14-44m, inclusive, as amended;

(H) In connection with any lawful purpose of a labor organization, as defined in section 31-77, provided (i) such organization has entered into a contract with the commissioner, on such terms and conditions as the commissioner may require, and (ii) the information will be used only for the purposes specified in the contract other than campaign or political purposes;

(I) For bulk distribution for surveys, marketing or solicitations provided the commissioner has [entered into a contract with the requesting individual, organization or entity under the provisions of subsection (b) of section 14-50a and the Department of Motor Vehicles has implemented methods and procedures that ensure that (i) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses, and (ii) the information will be used only for the purposes specified in the contract, and such surveys, marketing and solicitations will not be directed to any individual who has requested in a timely manner that such material not be directed to such individual.] obtained the express consent of the individual to whom such personal information pertains;

(J) For the purpose of preventing fraud by verifying the accuracy of personal information contained in a motor vehicle record, including an individual's photograph or computerized image, as submitted by an individual to a legitimate business or an agent, employee or contractor of a legitimate business, provided the individual has provided express consent in accordance with subdivision (4) of subsection (a) of this section.

(g) Any person receiving personal information from a motor vehicle record pursuant to subsection (f) of this section shall be entitled to use such information for any of the purposes set forth in said subsection.

(h) Notwithstanding any provision of this section, the disclosure of personal information from a motor vehicle record pursuant to subsection (f) of this section shall be subject to the provisions of section 14-50a concerning (1) the fees that shall be charged for copies of or information pertaining to motor vehicle records and (2) the authority of the commissioner to establish fees for information furnished on a volume basis in accordance with such terms and conditions regarding the use and distribution of such information as the commissioner may prescribe.

[(i) Notwithstanding the provisions of this section, the commissioner shall not, on or before June 30, 2000, offer for sale or sell individual photographs or computerized images collected for the purpose of producing motor vehicle operator licenses.]

[(j)] (i) Notwithstanding any provision of this section that restricts or prohibits the disclosure of personal information from a motor vehicle record, the commissioner may disclose personal information contained in any such record to any individual who is the subject of such personal information or to any person who certifies under penalty of false statement that such person has obtained the express consent of the subject of such personal information.

[(k)] (j) The commissioner may adopt regulations in accordance with chapter 54 to implement the provisions of this section.

Sec. 34. Subsection (h) of section 14-253a of the general statutes, as amended by sections 25 and 44 of public act 99-268, is repealed and the following is substituted in lieu thereof:

(h) Parking spaces designated for the handicapped on or after October 1, 1979, shall be as near as possible to a building entrance or walkway and shall be [sixteen] fifteen feet wide including [seven] three feet of cross hatch, or parallel to a sidewalk on a public highway. Such spaces shall be designated by above grade signs with white lettering against a blue background and shall bear the words "handicapped parking permit required" and "violators will be fined". Such sign shall also bear the international symbol of access. When such a sign is replaced, repaired or erected it shall indicate the minimum fine for a violation of subsection (f) of this section. Such indicator may be in the form of a notice affixed to such a sign.

Sec. 35. Subdivision (61) of subsection (a) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof:

(61) "Person" includes any individual, corporation, limited liability company, association, copartnership, company, firm, business trust or other aggregation of individuals but does not include the state or any political subdivision thereof, unless the context clearly states or requires.

Sec. 36. This act shall take effect from its passage, except that sections 1 to 30, inclusive, and sections 32 and 35 shall take effect October 1, 2000.

Approved June 1, 2000