Substitute Senate Bill No. 1023
Substitute Senate Bill No. 1023
PUBLIC ACT NO. 97-236
AN ACT REVISING CERTAIN MOTOR VEHICLE LAWS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) The Commissioner of Motor
Vehicles, at the request of any veteran, as
defined in subsection (a) of section 27-103 of the
general statutes, or the surviving spouse of such
veteran, shall register any passenger motor
vehicle owned or leased for a period of at least
one year by such person and shall issue a special
certificate of registration and a set of number
plates for each such vehicle. The plates shall
expire and be renewed as provided in section 14-22
of the general statutes. The commissioner shall
charge a fee for such plates which shall cover the
entire cost of making the same and which shall be
in addition to the fee for registration of the
motor vehicle.
Sec. 2. Subsection (c) of section 14-12i of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) All restoration fees imposed due to the
cancellation of the registration for violation of
the mandatory security requirements of sections
14-12c and 38a-371 or suspension of a motor
vehicle operator's license pursuant to subsection
(b) of section 14-12g OR SECTION 14-213b shall be
deposited into the Automobile Insurance
Enforcement Fund established pursuant to
subsection (a) of this section.
Sec. 3. Section 14-16a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Except as provided in subsection (b) of
this section, each motor vehicle registered in
this state which is ten MODEL years old or older
shall, [upon] WITHIN THIRTY DAYS BEFORE transfer
of ownership OR UPON SUCH TRANSFER, be presented
for inspection at any state Department of Motor
Vehicles office or any official emissions
inspection station or other facility authorized by
the Commissioner of Motor Vehicles to conduct such
inspection. The vehicle shall be inspected to
determine whether it is properly equipped and in
good mechanical condition before registration is
issued to the new owner of the vehicle. There
shall be charged a fee of twenty-five dollars for
such inspection. All moneys received from the fee
imposed pursuant to this subsection and collected
at an official emissions inspection station shall
be deposited in a separate safety inspection
account within the Emissions Inspection Fund.
(b) The following vehicles, upon transfer of
ownership, shall be presented for inspection 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. There
shall be charged a fee of twenty-five dollars for
such inspection. All moneys received from the fee
imposed pursuant to this subsection and collected
at an official emissions inspection station shall
be deposited in a separate safety inspection
account within the Emissions Inspection Fund. The
commissioner may adopt regulations in accordance
with the provisions of chapter 54 as he deems
necessary to implement the purposes of this
subsection.
Sec. 4. Subsection (a) of section 14-19a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Motor Vehicles shall
adopt regulations in accordance with the
provisions of chapter 54 to establish (1)
standards for the issuance of a special
certificate of registration and special number
plates to a member of an organization which
qualifies for issuance, (2) qualifications of
organizations whose members wish to apply for such
special registrations, (3) procedures for
application for such special registration, and (4)
a fee for such special number plates which shall
cover at least the entire cost of making the
plates and which shall be in addition to the fee
for registration of the motor vehicle. THE
REGULATIONS SHALL PROVIDE THAT A LABOR UNION SHALL
BE A QUALIFYING ORGANIZATION.
Sec. 5. Section 14-21d of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Motor Vehicles, at
the request of any member or former member of the
armed forces, as defined in section 27-103, who is
a former prisoner of war, shall register, without
charge, any passenger motor vehicle, camper or
passenger and commercial motor vehicle owned OR
LEASED by such person, provided no more than two
such registrations may be issued to any such
person. The commissioner shall issue a special
certificate of registration and a number plate or
set of number plates in accordance with the
provisions of subsection (a) of section 14-21b for
each such vehicle. Each application for such
special registration and number plate shall be
accompanied by proof from the Veterans'
Administration of the United States that such
person is a former prisoner of war. The surviving
spouse of a former prisoner of war issued such
special registration may retain any such
registration and number plates without charge for
his or her lifetime or until such time as he or
she remarries.
(b) The Commissioner of Motor Vehicles, at
the request of any recipient of the congressional
medal of honor, shall register, without charge,
any passenger motor vehicle, camper or passenger
and commercial motor vehicle owned OR LEASED by
such person, provided no more than two such
registrations may be issued to any such person.
The commissioner shall issue a special certificate
of registration and a number plate or set of
number plates in accordance with the provisions of
subsection (a) of section 14-21b for each such
vehicle. The surviving spouse of a recipient of
the congressional medal of honor issued such
special registration may retain any such
registration and number plates without charge for
his or her lifetime or until such time as he or
she remarries.
Sec. 6. Subsection (f) of section 14-27 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(f) Each school bus shall carry number plates
furnished by the commissioner and the number
plates shall indicate that the school bus is
licensed to transport students. EACH SCHOOL BUS
BEARING SUCH NUMBER PLATES SHALL BE USED PRIMARILY
FOR THE TRANSPORTATION OF STUDENTS. Each school
bus used in part in livery service shall carry
number plates indicating such dual usage.
Sec. 7. Subsection (b) of section 14-44d of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) A commercial driver's license shall be a
Class 1 license issued with the following
subclassifications, endorsements and restrictions.
Vehicles which require an endorsement may not be
driven unless the proper endorsement appears on
the license.
(1) Subclassifications.
(A) Class A -Any combination of vehicles with
a gross vehicle weight rating (GVWR) of twenty-six
thousand one pounds or more, provided the GVWR of
the vehicle being towed is in excess of ten
thousand pounds.
(B) Class B -Any single vehicle with a GVWR
of twenty-six thousand one pounds or more, and any
such vehicle towing a vehicle not in excess of ten
thousand pounds.
(C) Class C -Any single vehicle with a GVWR
of less than twenty-six thousand one pounds or any
such vehicle towing a vehicle with a GVWR not in
excess of ten thousand pounds comprising:
(i) Vehicles designed to transport sixteen or
more passengers, including the driver, or designed
to transport ten or more passengers, including the
driver, and used to transport students under the
age of twenty-one years to and from school; and
(ii) Vehicles used to transport hazardous
materials which are required to be placarded in
accordance with the Code of Federal Regulations,
Title 49, Part 172, Subpart F, as amended.
(2) Endorsements and restrictions.
"H" -Authorizes the driver to drive a vehicle
transporting hazardous materials;
"L" -Restricts the driver to vehicles not
equipped with air brakes;
"T" -Authorizes driving double and triple
trailers, and vehicles in drive-away service using
the technique of saddlemounting;
"P" -Authorizes driving commercial motor
vehicles carrying passengers;
"S" -Authorizes driving commercial motor
vehicles carrying passengers, including school
buses;
"N" -Authorizes driving tank vehicles;
"X" -Represents a combination of hazardous
materials and tank vehicle endorsements;
"Z" -RESTRICTS THE DRIVER TO SCHOOL BUSES.
Sec. 8. Subsection (d) of section 14-44i of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) The Commissioner of Motor Vehicles shall
waive the fees provided in subsection (b) of this
section in the case of any person who [provides
satisfactory and verifiable evidence to the
commissioner that such person is currently
employed as an operator of a school bus, as
defined in section 14-275, or has been accepted
for employment as such] APPLIES FOR A LICENSE WITH
A "Z" RESTRICTION.
Sec. 9. Subsections (f) and (g) of section
14-44j of the general statutes are repealed and
the following is substituted in lieu thereof:
(f) No employer shall knowingly [allow,]
permit or [authorize] REQUIRE a driver to drive a
commercial motor vehicle during any period (1) in
which the driver has had his driver's license
suspended, revoked or cancelled by the
commissioner, or operating privilege suspended,
revoked or cancelled by any other state, or has
been disqualified from driving a commercial motor
vehicle, or is subject to an out-of-service order,
or (2) in which the driver has more than one
driver's license.
(g) (1) Any person who violates any provision
of this section shall be deemed to have committed
an infraction, and, for any subsequent offense,
shall be fined not more than five hundred dollars.
(2) ANY EMPLOYER WHICH KNOWINGLY PERMITS OR
REQUIRES A DRIVER TO OPERATE A COMMERCIAL MOTOR
VEHICLE IN VIOLATION OF AN OUT-OF-SERVICE ORDER
SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS
THAN TWO THOUSAND FIVE HUNDRED DOLLARS NOR MORE
THAN TEN THOUSAND DOLLARS.
Sec. 10. Section 14-44k of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) A driver who is disqualified OR SUBJECT
TO AN OUT-OF-SERVICE ORDER shall not drive a
commercial motor vehicle. An employer shall not
knowingly [allow,] PERMIT OR require [, permit or
authorize] a driver who is disqualified to drive a
commercial motor vehicle.
(b) In addition to any other penalties
provided by law, and except as hereinafter
provided in subsection (d) of this section, a
person is disqualified from operating a commercial
motor vehicle for one year if convicted of one
violation of (1) operating any motor vehicle under
the influence of intoxicating liquor or drugs or
both under section 14-227a, (2) evasion of
responsibility, involving a commercial motor
vehicle, under section 14-224, or (3) using a
commercial motor vehicle in the commission of any
felony as defined in section 14-1.
(c) In addition to any other penalties
provided by law, a person is disqualified from
operating a commercial motor vehicle for one year
if the commissioner finds that such person has
refused to submit to a test to determine his blood
alcohol concentration while driving a commercial
motor vehicle, or has failed such a test when
given, pursuant to the provisions of section
14-227b. For the purpose of this subsection, a
person shall be deemed to have failed such a test
if the ratio of alcohol in the blood of such
person was four-hundredths of one per cent or more
of alcohol, by weight.
(d) If a person commits any of the
disqualifying offenses identified in subsections
(b) and (c) of this section while driving a
vehicle transporting hazardous materials, required
to be placarded under the Hazardous Materials
Transportation Act, Sections 1801 to 1813,
inclusive, Title 49, United States Code, such
person shall be disqualified for a period of three
years.
(e) Any person who uses a commercial motor
vehicle in the commission of a felony involving
the manufacture, distribution or dispensing of a
controlled substance shall be disqualified for
life.
(f) A person is disqualified for life if
convicted of two or more violations of any of the
offenses specified in subsection (b) of this
section, or if he is the subject of two or more
findings by the commissioner under subsection (c)
of this section, or any combination of those
offenses, arising from two or more separate
incidents. A person is disqualified for life if
the commissioner takes suspension actions against
such person for two or more alcohol test refusals
or test failures, or any combination of such
actions, arising from two or more separate
incidents. Any person disqualified for life who
has both voluntarily enrolled in and successfully
completed an appropriate rehabilitation program,
as determined by the commissioner, may apply for
reinstatement of his commercial driver's license,
provided any such applicant shall not be eligible
for reinstatement until such time as he has served
a minimum disqualification period of ten years.
Should a reinstated driver be subsequently
convicted of another disqualifying offense, he
shall be permanently disqualified for life and
shall be ineligible to reapply for a reduction of
the lifetime disqualification.
(g) (1) EXCEPT AS PROVIDED IN SUBDIVISION (2)
OF THIS SUBSECTION, ANY PERSON WHO VIOLATES AN
OUT-OF-SERVICE ORDER SHALL BE DISQUALIFIED FROM
OPERATING A COMMERCIAL MOTOR VEHICLE: (A) FOR A
PERIOD OF NOT LESS THAN NINETY DAYS NOR MORE THAN
ONE YEAR FOR A FIRST VIOLATION; (B) FOR A PERIOD
OF NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS
FOR A SECOND VIOLATION DURING ANY TEN-YEAR PERIOD,
WHERE SUCH VIOLATIONS AROSE FROM SEPARATE
INCIDENTS; AND (C) FOR A PERIOD OF NOT LESS THAN
THREE YEARS NOR MORE THAN FIVE YEARS FOR A THIRD
OR SUBSEQUENT VIOLATION DURING ANY TEN-YEAR
PERIOD, WHERE SUCH VIOLATIONS AROSE FROM SEPARATE
INCIDENTS.
(2) ANY PERSON WHO VIOLATES AN OUT-OF-SERVICE
ORDER WHILE DRIVING A VEHICLE TRANSPORTING
HAZARDOUS MATERIALS, REQUIRED TO BE PLACARDED
UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT,
SECTIONS 1801 TO 1813, INCLUSIVE, TITLE 49, UNITED
STATES CODE OR A COMMERCIAL MOTOR VEHICLE DESIGNED
TO TRANSPORT FIFTEEN OR MORE PASSENGERS, INCLUDING
THE DRIVER, SHALL BE DISQUALIFIED FROM OPERATING A
COMMERCIAL MOTOR VEHICLE: (A) FOR A PERIOD OF NOT
LESS THAN ONE HUNDRED EIGHTY DAYS NOR MORE THAN
TWO YEARS FOR A FIRST VIOLATION AND (B) FOR A
PERIOD OF NOT LESS THAN THREE YEARS NOR MORE THAN
FIVE YEARS FOR A SECOND OR SUBSEQUENT VIOLATION
DURING ANY TEN-YEAR PERIOD, WHERE SUCH VIOLATIONS
AROSE FROM SEPARATE INCIDENTS.
(3) IN ADDITION TO THE PENALTIES PROVIDED IN
SUBDIVISION (1) OR (2) OF THIS SUBSECTION, ANY
PERSON WHO VIOLATES AN OUT-OF-SERVICE ORDER SHALL
BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN ONE
THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND FIVE
HUNDRED DOLLARS.
[(g)] (h) A person is disqualified from
driving a commercial motor vehicle for a period of
not less than sixty days if convicted of two
serious traffic violations, or one hundred twenty
days if convicted of three serious traffic
violations, committed in a commercial motor
vehicle arising from separate incidents occurring
within a three-year period.
[(h)] (i) After taking disqualification
action, or suspending or revoking a commercial
driver's license, the commissioner shall update
his records to reflect such action within ten
days. After taking disqualification action, or
suspending or revoking the operating privileges of
a commercial driver who is licensed in another
state, the commissioner shall notify the licensing
state of his action within ten days.
Sec. 11. Section 14-66 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) (1) No person, firm or corporation shall
engage in the business of operating a wrecker for
the purpose of towing or transporting for
compensation motor vehicles which are disabled,
inoperative or wrecked or are being removed in
accordance with the provisions of section 14-145,
14-150 OR 14-307, unless such person, firm or
corporation is a motor vehicle dealer or repairer
licensed under the provisions of subdivision (D)
of this part. [and has filed with the
commissioner, in simple and concise form, a
schedule of rates and charges, including but not
limited to storage charges, for services to be
rendered within the state. The commissioner may
disapprove any filing of rates and charges if, in
his judgment, such rates and charges are not just
and reasonable and, in making such determination
with regard to rates and charges for towing or
transporting motor vehicles, he shall be guided by
the rates published in standard service manuals.
No] (2) THE COMMISSIONER SHALL ESTABLISH AND
PUBLISH A SCHEDULE OF UNIFORM RATES AND CHARGES
FOR THE NONCONSENSUAL TOWING AND TRANSPORTING OF
MOTOR VEHICLES AND FOR THE STORAGE OF MOTOR
VEHICLES WHICH SHALL BE JUST AND REASONABLE. THE
COMMISSIONER MAY, FROM TIME TO TIME, AMEND EACH
SUCH SCHEDULE AND THE RATES AND CHARGES CONTAINED
THEREIN. IN ESTABLISHING AND AMENDING SUCH RATES
AND CHARGES, THE COMMISSIONER MAY CONSIDER
FACTORS, INCLUDING, BUT NOT LIMITED TO, RATES SET
BY OTHER JURISDICTIONS, CHARGES FOR TOWING AND
TRANSPORTING SERVICES PROVIDED PURSUANT TO A
CONTRACT WITH AN AUTOMOBILE CLUB OR AUTOMOBILE
ASSOCIATION LICENSED UNDER THE PROVISIONS OF
SECTION 14-67 AND RATES PUBLISHED IN STANDARD
SERVICE MANUALS. THE COMMISSIONER SHALL HOLD A
PUBLIC HEARING FOR THE PURPOSE OF OBTAINING
ADDITIONAL INFORMATION CONCERNING SUCH RATES AND
CHARGES. (3) WITH RESPECT TO THE NONCONSENSUAL
TOWING OR TRANSPORTING AND THE STORAGE OF MOTOR
VEHICLES, NO SUCH person, firm or corporation
[required to file rates and charges hereunder]
shall charge more than the RATES AND charges [and
rates which it has on file unless the commissioner
first approves an amended schedule of higher rates
and charges] PUBLISHED BY THE COMMISSIONER. Any
person aggrieved by any action of the commissioner
under the provisions of this section may take an
appeal therefrom in accordance with section 4-183,
except venue for such appeal shall be in the
judicial district of Hartford-New Britain*.
(b) The commissioner, by himself or an
inspector authorized by him, shall examine each
wrecker, its number, equipment and identification,
and ascertain the mechanical condition of such
wrecker and ascertain whether or not it is
properly equipped to do the work intended. Such
wrecker shall be deemed properly equipped if it
has installed thereon two flashing yellow lights
so mounted on the vehicle as to show in all
directions at all times and which shall indicate
the full width of said vehicle. Such lights shall
be mounted not less than eight feet above the road
surface and as near the back of the cab of such
vehicle as practicable. Such lights shall be in
operation whenever a disabled vehicle is being
towed by such wrecker and when such wrecker is at
the scene of an accident or location of a disabled
motor vehicle. In addition thereto each wrecker
shall be equipped with a spot light so mounted
that the beam of light can be shown in all
directions. The hoisting equipment of each wrecker
shall be of sufficient capacity to perform the
service intended and shall be securely mounted to
the frame of such vehicle. A fire extinguisher
shall be carried at all times on each wrecker [;
such extinguisher] WHICH shall be in proper
working condition, [and] mounted in a permanent
bracket on each wrecker [; the] AND HAVE A minimum
rating of [each extinguisher shall be of] eight
bc. A set of three flares in operating condition
shall be carried at all times on each wrecker and
shall be used between the periods of one-half hour
after sunset and one-half hour before sunrise when
the wrecker is parked on a highway while making
emergency repairs or preparing to pick up a
disabled vehicle to remove it from a highway or
adjoining property. No registrant or operator of
any wrecker shall offer to give any gratuities or
inducements of any kind to any police officer or
other person in order to obtain towing business or
recommendations for towing or storage of, or
estimating repairs to, disabled vehicles. No
licensee shall require the owner to sign a
contract for the repair of his damaged vehicle as
part of the towing consideration or to sign an
order for the repair of, or authorization for
estimate until the tow job has been completed. No
licensee shall tow a vehicle in such a negligent
manner as to cause further damage to the vehicle
being towed.
(c) Each wrecker used for towing or
transporting disabled or wrecked motor vehicles
for compensation shall be registered as a wrecker
by the commissioner for [an annual] A fee of
[forty] NINETY-TWO dollars. [On and after July 1,
1992, such fee shall be forty-six dollars.] Each
such registration shall be renewed [annually]
BIENNIALLY according to renewal schedules
established by the commissioner so as to effect
staggered renewal of all such registrations. If
the adoption of a staggered system results in the
expiration of any registration more or less than
[one year] TWO YEARS from its issuance, the
commissioner may charge a prorated amount for such
registration fee.
(d) [No] WITH RESPECT TO THE NONCONSENSUAL
TOWING OR TRANSPORTING OF A MOTOR VEHICLE, NO
licensee may tow OR TRANSPORT a vehicle to the
premises of any person, firm or corporation
engaged in the storage of vehicles for
compensation unless such person, firm or
corporation [has filed a schedule of storage
charges with the commissioner in the manner
provided in subsection (a) of this section for a
person, firm or corporation engaged in the
business of operating a wrecker and] adheres to
the STORAGE charges [so filed] PUBLISHED BY THE
COMMISSIONER.
(e) The provisions of this section shall not
apply to any person, firm or corporation, licensed
as a motor vehicle dealer under the provisions of
subdivision (D) of this part, towing or
transporting a motor vehicle for salvage purposes,
provided such person, firm or corporation does not
offer direct towing or wrecker service to the
public.
(f) FOR THE PURPOSES OF THIS SECTION,
"NONCONSENSUAL TOWING OR TRANSPORTING" MEANS THE
TOWING OR TRANSPORTING OF A MOTOR VEHICLE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 14-145
OR FOR WHICH ARRANGEMENTS ARE MADE BY ORDER OF A
LAW ENFORCEMENT OFFICER OR TRAFFIC AUTHORITY, AS
DEFINED IN SECTION 14-297.
Sec. 12. Section 14-96g of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Front clearance lamps, identification
lamps and those marker lamps and reflectors
mounted on the front or on the side near the front
of a vehicle shall display or reflect an amber
color.
(b) Rear clearance lamps, identification
lamps and those marker lamps and reflectors
mounted on the rear or on the sides near the rear
of a vehicle shall display or reflect a red color.
Any motor vehicle or equipment owned by a
governmental agency which is engaged in
construction or maintenance work may display red
or white reflective sheeting on the rear of such
vehicle or equipment.
(c) All lighting devices and reflectors
mounted on the rear of any vehicle shall display
or reflect a red color, except that the stop light
or other signal device may be red, amber or
yellow, and except that the light illuminating the
license plate shall be white and the light emitted
by a back-up lamp shall be white or amber.
(d) EACH SCHOOL BUS OR STUDENT TRANSPORTATION
VEHICLE MAY DISPLAY RETROREFLECTIVE TAPE OR
REFLECTIVE SHEETING ON THE REAR OR ON THE SIDES OF
SUCH VEHICLE IN ACCORDANCE WITH REGULATIONS WHICH
SHALL BE ADOPTED BY THE COMMISSIONER PURSUANT TO
CHAPTER 54.
[(d)] (e) Failure to have and mount lamps,
reflectors or lighting devices as required by this
section shall be an infraction.
Sec. 13. Section 14-99h of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) [On and after January 1, 1990, each] EACH
new car dealer OR USED CAR DEALER, as defined in
section 14-51, OR LESSOR LICENSED UNDER THE
PROVISIONS OF SECTION 14-15 shall offer the
purchaser OR LESSEE of a new [passenger] OR USED
motor vehicle, [or a truck having a gross weight
of ten thousand pounds or less,] at the time of
sale OR LEASE, the optional service of etching the
complete identification number of the vehicle on a
lower corner of the windshield and on each SIDE OR
REAR window in such vehicle. EACH SUCH DEALER OR
LESSOR MAY ETCH THE COMPLETE IDENTIFICATION NUMBER
OF A MOTOR VEHICLE ON ANY SUCH VEHICLE IN ITS
INVENTORY PRIOR TO ITS SALE OR LEASE PROVIDED IT
SPECIFIES THE CHARGE FOR SUCH SERVICE SEPARATELY
ON THE LABEL REQUIRED BY THE FEDERAL AUTOMOBILE
INFORMATION DISCLOSURE ACT, 15 USC 1231 ET SEQ.
(b) Each new car dealer, USED CAR DEALER OR
LESSOR shall charge reasonable rates for etching
services rendered within the state pursuant to
subsection (a) of this section and shall file a
schedule of such rates with the Commissioner of
Motor Vehicles not later than September first in
each year. Each [new car] SUCH dealer OR LESSOR
may from time to time file an amended schedule of
such rates with the commissioner. No [new car]
SUCH dealer OR LESSOR may charge any rate for such
etching services which is greater than the rates
contained in the most recent schedule filed with
the commissioner.
Sec. 14. 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 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.
(b) The provisions relative to maximum
driving and on-duty time as set forth in the Code
of Federal Regulations, Title 49, Part 395,
Section 395.3, and as adopted by reference in
regulations adopted pursuant to subsection (a) of
this section, shall not apply to any public
service company vehicle with a commercial
registration when such vehicle is used to
transport passengers or property to or from any
portion of the state for the purpose of relief or
assistance in case of major loss of utility
service, a disaster or other state of emergency
declared by the Governor. For the purposes of this
subsection "disaster" shall include, but not be
limited to, a hurricane, snowstorm, ice storm,
flood, fire or earthquake.
(c) The Commissioner of Motor Vehicles may
grant variations or exemptions from, or approve
equivalent or alternate compliance with,
particular provisions of the Code of Federal
Regulations, Title 49, Parts 382, 383 and 385
through 397, as amended, when strict compliance
with such provisions would entail practical
difficulty or unnecessary hardship or would be
otherwise adjudged unwarranted, provided any such
variation, exemption, approved equivalent or
alternate compliance shall, in the opinion of the
commissioner, secure the public safety.
(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)
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) 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.
(e) Any person who violates the provisions of
this section or any regulations adopted hereunder
shall have committed an infraction.
Sec. 15. Subsection (c) of section 14-164c of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The commissioner shall adopt regulations
in accordance with chapter 54 to implement the
provisions of this section. Such regulations shall
include provision for a periodic emissions
inspection and compliance or waiver with exhaust
emission standards, air pollution control system
integrity standards and purge system standards
defined by the Commissioner of Environmental
Protection for all motor vehicles registered or
which will be registered in this state except: (1)
Vehicles having a gross weight of more than ten
thousand pounds; (2) vehicles powered by
electricity; (3) bicycles with motors attached;
(4) motorcycles; (5) vehicles operating with a
temporary registration; (6) vehicles manufactured
before the 1968 model year; (7) new vehicles at
the time of initial registration; (8) vehicles
registered but not designed primarily for highway
use; (9) farm vehicles, as defined in subsection
(q) of section 14-49; (10) DIESEL-POWERED TYPE II
SCHOOL BUSES. The commissioner may require
emissions inspection and compliance or waiver
prior to completion of the sale and registration
of a motor vehicle over one year old. If the
Commissioner of Environmental Protection finds
that it is necessary to inspect motor vehicles
which are exempt under subdivision (1) of this
subsection in order to achieve compliance with
federal law concerning emission reduction
requirements, the Commissioner of Motor Vehicles
may adopt regulations, in accordance with the
provisions of chapter 54, to require the
inspection of motorcycles or designated motor
vehicles having a gross weight of more than ten
thousand pounds.
Sec. 16. Subsection (g) of section 14-164i of
the general statutes 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.
Sec. 17. Section 14-254 of the general
statutes is repealed and the following is
substituted in lieu thereof:
"Disabled veteran", as used in this section,
means any veteran who served in time of war, as
defined by section 27-103, and one or both of
whose legs or arms or parts thereof have been
amputated or the use of which has been lost or who
is blind, paraplegic or hemiplegic, such
disability being certified as service-connected by
the Veterans' Administration. The Commissioner of
Motor Vehicles, upon application of any disabled
veteran accompanied by such certificate of the
Veterans' Administration, shall issue without
charge a special number plate or set of plates in
accordance with the provisions of subsection (a)
of section 14-21b to be attached to a passenger
motor vehicle owned or operated by such veteran
and an identification card to be used in
connection therewith. The card shall identify the
veteran and the motor vehicle and shall state that
he is a disabled veteran qualified to receive the
card, that the card, plate or plates shall be
returned to the commissioner if the registration
of the motor vehicle is cancelled or transferred,
that the card is for the exclusive use of the
person to whom it is issued, is not transferable
and will be revoked if presented by any other
person or if any privilege granted under this
section is abused. If not so revoked, the card
shall be renewable every four years at the time of
registration of motor vehicles. No penalty shall
be imposed for the overtime parking of any motor
vehicle bearing a number plate issued under this
section when it has been so parked by the disabled
veteran to whom the plate and an identification
card were issued or by any person operating such
vehicle when accompanied by such veteran, provided
the length of time for which such vehicle may
remain parked at any one location shall not exceed
twenty-four hours. THE SURVIVING SPOUSE OF A
DISABLED VETERAN ISSUED SUCH SPECIAL REGISTRATION
MAY RETAIN ANY SUCH REGISTRATION AND NUMBER PLATES
WITHOUT CHARGE FOR HIS OR HER LIFETIME OR UNTIL
SUCH TIME AS HE OR SHE REMARRIES.
Sec. 18. (NEW) (a) On and after January 1,
1998, the Commissioner of Motor Vehicles shall
issue greenways commemorative number plates of a
design to enhance public awareness of the state
and local efforts to preserve, restore and protect
greenways. The design shall be determined by
agreement between the Commissioner of
Environmental Protection and the Commissioner of
Motor Vehicles. No use shall be made of such
plates except as official registration marker
plates.
(b) The Commissioner of Motor Vehicles shall
establish, by regulations adopted in accordance
with chapter 54 of the general statutes, a fee to
be charged for greenways commemorative number
plates in addition to the regular fee or fees
prescribed for the registration of a motor
vehicle. The fee shall be for such number plates
with letters and numbers selected by the
Commissioner of Motor Vehicles. The Commissioner
of Motor Vehicles may establish a higher fee for:
(1) Such number plates which contain letters in
place of numbers as authorized by section 14-49 of
the general statutes, in addition to the fee or
fees prescribed for plates issued under said
section; and (2) such number plates which are low
number plates, in accordance with section 14-160
of the general statutes, in addition to the fee or
fees prescribed for plates issued under said
section. All fees established and collected
pursuant to this section shall be deposited in the
greenways account of the Conservation Fund,
established pursuant to section 19 of this act.
(c) No additional renewal fee shall be
charged for renewal of registration for any motor
vehicle bearing greenways commemorative number
plates which contain letters in place of numbers,
or low number plates, in excess of the renewal fee
for greenways commemorative number plates with
letters and numbers selected by the Commissioner
of Motor Vehicles. No transfer fee shall be
charged for transfer of an existing registration
to or from a registration with greenways
commemorative number plates.
(d) The Commissioner of Motor Vehicles, in
consultation with the Commissioner of
Environmental Protection, shall adopt regulations,
in accordance with the provisions of chapter 54 of
the general statutes, to establish standards and
procedures for the issuance, renewal and
replacement of greenways commemorative number
plates.
Sec. 19. (NEW) (a) There is established an
account to be known as the "greenways account".
The greenways account shall be an account of the
Conservation Fund established under section
22a-27h of the general statutes. Notwithstanding
any provision of the general statutes, any moneys
required by law to be deposited in the account
shall be deposited in the Conservation Fund and
credited to the greenways account. Any balance
remaining in the account at the end of any fiscal
year shall be carried forward in the account for
the fiscal year next succeeding. The account shall
be available (1) to the Commissioner of
Environmental Protection for reimbursement of the
Department of Motor Vehicles for the cost of
producing, issuing, renewing and replacing
greenways commemorative number plates, including
administrative expenses, pursuant to section 18 of
this act and (2) to the Commissioner of
Environmental Protection for grants pursuant to
section 23-101 of the general statutes.
(b) The Commissioner of Environmental
Protection may receive private donations to the
greenways account and any such receipts shall be
deposited in the account.
(c) The Commissioner of Environmental
Protection may provide for the reproduction and
marketing of the greenways commemorative number
plate image for use on clothing, recreational
equipment, posters, mementoes, or other products
or programs deemed by the commissioner to be
suitable as a means of supporting the greenways
account. Any funds received by the commissioner
from such marketing shall be deposited in the
greenways account.
Sec. 20. (NEW) The Commissioner of Motor
Vehicles may allow the payment of any fee
specified in chapter 246 or 247 of the general
statutes by means of a credit card and may charge
each payor a service fee for any payment made by
credit card. The fee shall not exceed any charge
by the credit card issuer or by its authorized
agent, including any discount rate. Payments by
credit card shall be made under such conditions as
the commissioner may prescribe. If any charge with
respect to payment of a fee by credit card is not
authorized by such issuer or its authorized agent,
the commissioner shall assess the payor the fee
specified in subsection (f) of section 14-50 of
the general statutes.
Sec. 21. Section 4a-57a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Notwithstanding the provisions of section
4a-57 the Commissioner of Administrative Services
may establish a pilot program to sell or dispose
of surplus state property through any method
determined by the commissioner.
(b) NO SURPLUS MOTOR VEHICLE OWNED BY THE
STATE THAT HAS BEEN DECLARED TO BE A CONSTRUCTIVE
TOTAL LOSS PURSUANT TO SECTION 38a-353 SHALL BE
OFFERED FOR SALE AT AN AUCTION CONDUCTED UNDER THE
PROVISIONS OF SUBSECTION (a) OF THIS SECTION TO
ANYONE OTHER THAN ANY PERSON, FIRM OR CORPORATION
LICENSED IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 14-52 OR 14-671. NO SURPLUS MOTOR VEHICLE
OWNED BY THE STATE WITH A CERTIFICATE OF TITLE
STAMPED "SALVAGE PARTS ONLY" OR WHICH HAS TEN OR
MORE MAJOR COMPONENT PARTS DAMAGED BEYOND REPAIR
SHALL BE OFFERED FOR SALE AT AN AUCTION CONDUCTED
UNDER THE PROVISIONS OF SUBSECTION (a) OF THIS
SECTION TO ANYONE OTHER THAN ANY PERSON, FIRM OR
CORPORATION LICENSED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 14-671.
Sec. 22. Section 13a-85b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Transportation shall
not sell, or use in any manner that is
incompatible with transportation purposes, the
existing right-of-way acquired for potential use
as the Route 7 limited access highway from Danbury
to Norwalk. Should any properties situated within
said right-of-way which are not currently owned by
the Department of Transportation be offered for
sale to the state, the commissioner may, within
available funds, acquire said properties upon
terms and conditions which are equitable to both
the property owner and the state. The commissioner
may, within available funds, acquire any
properties not currently owned by the Department
of Transportation that are situated within such
right-of-way when such properties come onto the
market for sale and if such purchase would (1)
alleviate particular hardship to a property owner,
on his request, in contrast to others because of
an inability to sell his property; or (2) prevent
imminent development and increased costs of a
parcel which would tend to limit the choice of
highway alternatives.
(b) The Commissioner of Transportation [, in
cooperation with the Southeastern Connecticut
Metropolitan Planning Organization, shall conduct
a transportation analysis for the Route 11
corridor from Route 82 in Salem to I-95 in
Waterford to evaluate the effectiveness and costs
of alternative transportation investments to
attain state and regional goals and objectives.
This analysis shall be completed by June 30, 1994,
and its results shall be considered by the
Southeastern Connecticut Council of Governments
and the state for inclusion in transportation
plans for future implementation] SHALL NOT SELL,
OR USE IN ANY MANNER THAT IS INCOMPATIBLE WITH
TRANSPORTATION PURPOSES, ANY PROPERTY CURRENTLY
UNDER HIS CONTROL IN DANBURY ADJACENT TO ROUTE 7
AND SOUTH OF WOOSTER HEIGHTS ROAD.
Sec. 23. Subdivision (72) of subsection (a)
of section 14-1 of the general statutes is
repealed and the following is substituted in lieu
thereof:
(72) "Service bus" includes any vehicle
except a vanpool vehicle or a school bus designed
AND REGULARLY USED to carry eight or more persons
when used in private service for the
transportation of persons without charge to the
individual.
Sec. 24. Subsection (c) of section 14-36 of
the general statutes, as amended by section 1 of
public act 97-1, is repealed and the following is
substituted in lieu thereof:
(c) (1) On or after January 1, 1997, a person
who is sixteen or seventeen years of age and who
has not had a motor vehicle operator's license or
right to operate a motor vehicle in this state
suspended or revoked may apply to the Commissioner
of Motor Vehicles for a learner's permit. The
commissioner may issue a learner's permit to an
applicant after the applicant has passed a vision
screening and test as to knowledge of the laws
concerning motor vehicles and the rules of the
road, has paid the fee required by subsection (v)
of section 14-49 and has filed a certificate, in
such form as the commissioner prescribes,
requesting or consenting to the issuance of the
learner's permit and the motor vehicle operator's
license, signed by (A) one or both parents or
foster parents of the applicant, as the
commissioner requires, (B) the legal guardian of
the applicant, (C) the applicant's spouse, if the
spouse is eighteen years of age or older, or (D)
if the applicant has no qualified spouse and his
parent or foster parent or legal guardian is
deceased, incapable, domiciled without the state
or otherwise unavailable or unable to sign or file
the certificate, the applicant's stepparent, or
uncle or aunt by blood or marriage, provided such
person is eighteen years of age or older. The
commissioner may, for the more efficient
administration of his duties, appoint any drivers'
school licensed in accordance with the provisions
of section 14-69 or any secondary school providing
instruction in motor vehicle operation and highway
safety in accordance with section 14-36e to issue
a learner's permit, subject to such standards and
requirements as the commissioner may prescribe in
regulations adopted in accordance with chapter 54.
Each learner's permit shall expire on the date the
holder of the permit is issued a motor vehicle
operator's license or on the date the holder
attains the age of eighteen years, whichever is
earlier. (2) The learner's permit shall entitle
the holder, while he has the permit in his
immediate possession, to operate a motor vehicle
on the public highways, except as provided in this
subdivision, provided he is under the instruction
of, and accompanied by, a person who holds an
instructor's license issued under the provisions
of section 14-73 or a person twenty years of age
or older who has been licensed to operate, for at
least four years preceding the instruction, a
motor vehicle of the same class as the motor
vehicle being operated and who has not had his
motor vehicle operator's license suspended by the
commissioner during the four-year period preceding
the instruction. The learner's permit shall [not]
entitle the holder to operate a motor vehicle on a
multiple-lane limited access highway [until] sixty
days [after] FROM the date of issuance, EXCEPT
THAT IF THE HOLDER IS UNDER THE INSTRUCTION OF A
PERSON WHO HOLDS AN INSTRUCTOR'S LICENSE ISSUED
UNDER THE PROVISIONS OF SECTION 14-73, THE
LEARNER'S PERMIT SHALL ENTITLE SUCH HOLDER TO
OPERATE A MOTOR VEHICLE ON SUCH A HIGHWAY THIRTY
DAYS FROM THE DATE OF ISSUANCE. (3) The
commissioner may revoke any learner's permit used
in violation of the limitations imposed by
subdivision (2) of this subsection.
Sec. 25. Section 14-46d of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any reports or records received or issued by
the department, commissioner, board or any of its
members pursuant to sections 14-46a to 14-46g,
inclusive, for the purpose of determining whether
such individual meets the health standards of
motor vehicle operator licensure, shall be for the
confidential use of the commissioner and the board
and, except as may be required by state or federal
law, shall not be made available to any person, or
to any federal, state or local governmental agency
and shall not be used as evidence at any trial.
Such reports or records, however, may be made
available to the individual who is the subject of
such reports or records or to his authorized
representative and may be used at proceedings
conducted under chapter 54 or this chapter. Any
person conducting an examination or furnishing any
report or record pursuant to sections 14-46a to
14-46g, inclusive, may be compelled to testify on
such reports or records at any such proceedings. A
MEMBER OF THE BOARD MAY NOT BE COMPELLED TO
TESTIFY IN ANY OTHER PROCEEDING AS TO ANY FACTS
CONCERNING THE MEDICAL CONDITION OF ANY PERSON
KNOWN BY SUCH MEMBER AS A RESULT OF A REVIEW OF
SUCH REPORTS OR RECORDS RELATIVE TO SUCH PERSON
EXCEPT UPON ORDER OF THE COURT IF THE INTERESTS OF
JUSTICE SO REQUIRE.
Sec. 26. Section 14-314c of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The State Traffic Commission, on any
state highway, or a local traffic authority, on
any highway under its control, shall, upon receipt
of an application on behalf of any person under
the age of eighteen who is deaf, as certified by a
physician, erect one or more signs in the person's
neighborhood to warn motor vehicle operators of
the presence of the deaf person.
(b) The State Traffic Commission [shall] MAY
adopt regulations in accordance with the
provisions of chapter 54 to carry out the purposes
of this section.
Sec. 27. This act shall take effect from its
passage, except that sections 2, 3, 9 to 12,
inclusive, 14, 18 and 19 shall take effect July 1,
1997, and sections 1, 7, 8, 13, 21 and 22 shall
take effect October 1, 1997.
Approved June 24, 1997