Substitute House Bill No. 6735
Substitute House Bill No. 6735
PUBLIC ACT NO. 97-304
AN ACT REVISING CERTAIN TRANSPORTATION LAWS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) Not later than July
thirty-first annually, the owner or operator of
any airport, heliport, restricted landing area,
seaplane base or other air navigation facility
licensed under the provisions of section 13b-46 of
the general statutes shall submit to the
Commissioner of Transportation the following
information with respect to an aircraft which is
based or primarily used at such facility as of
July first of such year: (1) The name and address
of the owner thereof; (2) the type of aircraft;
and (3) the Federal Aviation Aircraft Registration
number. Said commissioner shall forward such
information to the municipality in which an
aircraft is based.
(b) The commissioner, after notice and
opportunity for hearing, may suspend or revoke the
license of any such facility in the event the
owner or operator thereof knowingly or
intentionally fails to comply with the provisions
of subsection (a) of this section.
Sec. 2. (NEW) (a) On and after October 1,
1997, no owner or operator of a vessel may
transport or offer to transport a pilot licensed
under the provisions of section 15-13 of the
general statutes, as amended by section 19 of this
act, for the purpose of embarking or disembarking
another vessel in open and unprotected waters
unless such owner or operator has obtained a
certificate of compliance from the Commissioner of
Transportation. On and after October 1, 1997, the
Commissioner of Transportation shall issue a
certificate of compliance to each owner or
operator of a vessel used to transport a licensed
pilot for the purpose of embarking or disembarking
another vessel in open and unprotected waters who
complies with the requirements specified in
regulations which shall be adopted by the
commissioner in accordance with the provisions of
chapter 54 of the general statutes. The
regulations shall specify (1) standards and
procedures for the issuance and renewal of such
certificate; (2) grounds for the suspension of
such certificate; (3) requirements relative to the
inspection of such vessels, including the
designation and qualifications of inspectors of
such vessels and the maintenance and inspection of
logs in each such vessel; (4) the procedures for
embarkation and disembarkation of pilots; and (5)
the operation of and equipment required on each
such vessel. Such regulations may establish
standard rates for the use of each such vessel for
such purpose. For the purposes of this subsection,
"open and unprotected waters" means waters located
east of the area depicted on the National Oceanic
and Atmospheric Administration charts of the
eastern portion of Long Island Sound as "The
Race".
(b) Any person who violates any provision of
subsection (a) of this section or any regulation
adopted thereunder shall be fined not less than
sixty dollars nor more than two hundred fifty
dollars for each such violation.
Sec. 3. (NEW) (a) The Department of
Transportation may, without hearing, issue to an
applicant for authority to operate taxicab
service, temporary authority to operate such
service, pending hearing upon his application and
disposition thereof by the department, but such
temporary authority shall not extend over a period
of more than one hundred eighty consecutive days.
(b) The Department of Transportation may, in
an emergency situation and without hearing, issue
to any person, association, limited liability
company or corporation which holds a certificate
of public convenience and necessity issued under
the provisions of section 13b-97 of the general
statutes, temporary authority to operate such
service within or outside the territory specified
in such certificate, pending resolution of such
emergency, but such temporary authority shall not
extend over a period of more than one hundred
eighty consecutive days.
Sec. 4. Subsection (c) of section 13a-73 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The commissioner may purchase any land
and take a deed thereof in the name of the state
when such land is needed in connection with the
layout, construction, repair, reconstruction or
maintenance of any state highway or bridge, and
any land or buildings or both, necessary, in his
opinion, for the efficient accomplishment of the
foregoing purpose, provided any purchase of such
land or land and buildings in an amount in excess
of the sum of [fifteen] ONE HUNDRED thousand
dollars shall be approved by a state referee. The
commissioner, with the advice and consent of the
Attorney General, may settle and compromise any
claim by any person, firm or corporation claiming
to be aggrieved by such layout, construction,
reconstruction, repair or maintenance by the
payment of money, the transfer of other land
acquired for or in connection with highway
purposes, or otherwise.
Sec. 5. Section 13b-79a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Not later than October 1, 1984, and annually
thereafter, the Commissioner of Transportation
shall report to the joint standing committees
having cognizance of matters relating to the
Department of Transportation, to finance, revenue,
capital bonding and taxation, and to
appropriations and the budgets of state agencies
on the CURRENT status and progress of the
transportation INFRASTRUCTURE program authorized
pursuant to special act 84-52 and sections 3-21a,
3-27a, 3-27f, 12-458 and 12-458d, subsection (c)
of section 13a-80a, sections 13a-175p to 13a-175u,
inclusive, subsection (f) of section 13b-42,
sections 13b-59, 13b-61, 13b-69, 13b-71, 13b-74 to
13b-77, inclusive, 13b-80, AS AMENDED BY SECTION 7
OF THIS ACT, subsection (a) of section 13b-97,
subsection (a) of section 14-12, sections 14-15,
14-16a and 14-21c, subsection (a) of section
14-25a, section 14-28, subsection (b) of section
14-35, subsection (b) of section 14-41, section
14-41a, subsection (a) of section 14-44, sections
14-47, 14-48b, 14-49 and 14-50, subsection (a) of
section 14-50a, sections 14-52, 14-53 and 14-58,
subsection (c) of section 14-66, subsection (e) of
section 14-67, sections 14-67a, 14-67d, 14-67l and
14-69, subsection (e) of section 14-73, subsection
(c) of section 14-96q, sections 14-103a and
14-160, subsection (a) of section 14-164a,
subsection (a) of section 14-192, sections 14-319,
14-320 and 14-381, subsection (b) of section
14-382 and sections 14-383 and 15-14. Each report
shall include, but not be limited to: [(1)]
Information on the number of lane miles of state
and local roadway repaved, the [number and
location of state and local bridges rehabilitated]
STATUS OF THE STATE AND LOCAL BRIDGE PROGRAMS, the
status of intrastate and interstate highway
[projects] PROGRAMS and the interstate trade-in
[projects] PROGRAM and mass transportation and
aeronautics programs. [; (2) relative to such
projects: Project costs, timeliness of completion
and any problems which have developed in
implementation; and (3) a schedule of projects
remaining and their expected costs. The
commissioner shall also report the amount of
revenue available from all sources for such
remaining projects, and expected receipts for such
remaining projects the succeeding four quarters.]
Sec. 6. Section 13b-79b of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Transportation shall
submit a report not later than October 1, 1984,
and annually thereafter, to the joint standing
committees of the General Assembly having
cognizance of matters relating to finance, revenue
and bonding, transportation and appropriations and
the budgets of state agencies, with respect to the
Special Transportation Fund established under
section 13b-68. Each such report shall, for the
preceding twelve-month period, (1) specify the
moneys credited to such fund on account of, or
derived from, each source of state and federal
revenue, (2) specify the amount of investment
earnings from the fund, (3) specify the moneys
from such fund applied and expended for (A) the
payment of debt service requirements, as defined
in section 13b-75, (B) the payment of the
principal of and interest on general obligation
bonds of the state issued for transportation
purposes, as defined in section 13b-69, and (C)
each budgeted account under the annual budget
appropriation made to the Department of
Transportation, (4) specify [(A)] the number of
lane miles of state and local roadway repaved, the
[number and location of state and local bridges
rehabilitated] STATUS OF THE STATE AND LOCAL
BRIDGE PROGRAMS, the status of intrastate and
interstate highway [projects] PROGRAMS and the
interstate trade-in [projects] PROGRAM and mass
transportation and aeronautics programs [, (B)
relative to such projects: Project costs,
timeliness of completion and any problems which
have developed in implementation and (C) a
schedule of projects remaining and their expected
costs,] AND (5) specify the amount of all
expenditures from the Special Transportation Fund
for the purchase of highway related equipment.
[and (6) indicate the number of new positions for
the Department of Transportation (A) approved by
the Secretary of the Office of Policy and
Management and (B) filled by the department and
describe the responsibilities of each such
position.]
Sec. 7. Section 13b-80 of the general
statutes is repealed and the following is
substituted in lieu thereof:
No person, association, LIMITED LIABILITY
COMPANY or corporation shall operate a motor bus
without having obtained a certificate from the
Department of Transportation or from the
[Interstate Commerce Commission or its successor
agency] FEDERAL HIGHWAY ADMINISTRATION pursuant to
the Bus Regulatory Reform Act of 1982, P.L.
97-261, specifying the route and certifying that
public convenience and necessity require the
operation of a motor bus or motor buses over such
route. Such certificate shall be issued only after
written application for the same has been made.
[and public hearing held thereon.] Upon receipt of
such application, said department shall [fix a
time and place of hearing thereon, and shall]
promptly give written notice of the pendency of
such application [and of such time and place to
such applicant,] TO the mayor of each city, the
warden of each borough or the first selectman of
each town in or through which the applicant
desires to operate, and to any common carrier
operating over any portion of such route or over a
route substantially parallel thereto. Any town,
city or borough within which, or between which and
any other town, city or borough in this state, any
such common carrier is furnishing service may
bring a written petition to the department in
respect to routes, fares, speed, schedules,
continuity of service and the convenience and
safety of passengers and the public. Thereupon the
department [shall] MAY fix a time and place for a
hearing upon such petition and [shall] mail notice
thereof to the parties in interest [and give
notice thereof] at least one week prior to such
hearing. No such certificate shall be sold or
transferred until the department, upon written
application to it, setting forth the purpose,
terms and conditions thereof and after
investigation, approves the same. The application
shall be accompanied by a fee of [fifty dollars,
and on and after July 1, 1985, a fee of
seventy-five dollars, on and after July 1, 1989, a
fee of one hundred thirteen dollars, on and after
July 1, 1991, a fee of one hundred forty-one
dollars, and on and after July 1, 1993, a fee of]
one hundred seventy-six dollars. The department
may amend or, for sufficient cause shown, may
suspend or revoke any such certificate. THE
DEPARTMENT MAY IMPOSE A CIVIL PENALTY ON ANY
PERSON OR ANY OFFICER OF ANY ASSOCIATION, LIMITED
LIABILITY COMPANY OR CORPORATION WHO VIOLATES ANY
PROVISION OF ANY REGULATION ADOPTED UNDER SECTION
13b-86, AS AMENDED BY SECTION 10 OF THIS ACT, WITH
RESPECT TO ROUTES, FARES, SPEED, SCHEDULES,
CONTINUITY OF SERVICE OR THE CONVENIENCE AND
SAFETY OF PASSENGERS AND THE PUBLIC, IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED DOLLARS PER DAY FOR EACH
VIOLATION. The owner or operator of every motor
bus shall display in a conspicuous place therein a
memorandum of such certificate. Notwithstanding
any provision of chapter 285, such certificate
shall include authority to transport baggage,
express, mail and newspapers for hire in the same
vehicle with passengers under such regulations as
the department may prescribe. Any certificate
issued pursuant to this section by the Division of
Public Utility Control within the Department of
Business Regulation prior to October 1, 1979,
shall remain valid unless suspended or revoked by
the Department of Transportation.
Sec. 8. Section 13b-81 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Transportation may [,
without hearing,] issue to an applicant for
authority to operate motor bus service, temporary
authority to operate such service, pending
[hearing upon his application and] disposition
[thereof] OF HIS APPLICATION by the department,
but such temporary authority shall not extend over
a period of more than one hundred eighty days.
Sec. 9. Section 13b-85 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Any person or the officers of any
association, LIMITED LIABILITY COMPANY or
corporation who violate any order or regulation
adopted or established under the provisions of
sections 13b-80 to [13b-84] 13b-83, inclusive, AS
AMENDED BY THIS ACT, or who violate any provision
of said sections, shall be fined not more than one
hundred dollars or imprisoned not more than sixty
days or both.
Sec. 10. Section 13b-86 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each person, association, LIMITED LIABILITY
COMPANY or corporation owning or operating a motor
bus is declared to be a common carrier and subject
as such to the jurisdiction of the Department of
Transportation and, while so operating, to such
reasonable rules and regulations as said
department may prescribe with respect to routes,
fares, speed, schedules, continuity of service and
the convenience and safety of passengers and the
public.
Sec. 11. Section 13b-88 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each person, association, LIMITED LIABILITY
COMPANY or corporation owning or operating a motor
bus over highways within this state between points
outside of this state or between points within
this state and points outside of this state shall
be subject to the jurisdiction of the Department
of Transportation and, while so operating, to such
reasonable regulations as said department may
prescribe with respect to routes and terminals in
this state, speed of operation, safety of
passengers, equipment, public safety and
convenience on the highways and conservation of
the highways.
Sec. 12. Section 13b-89 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person, association, LIMITED LIABILITY
COMPANY or corporation shall operate a motor bus
over highways within this state between points
outside this state or between points within this
state and points outside this state and
indiscriminately receive or discharge passengers
without having obtained a permit from the
Department of Transportation to be issued upon
written application to said department specifying
the route or routes within this state over which
such motor bus may operate and the terminals
within this state. Permits may be issued without
hearing in the discretion of said department. Any
permit issued pursuant to this section by the
Division of Public Utility Control within the
Department of Business Regulation prior to October
1, 1979, shall remain valid unless suspended or
revoked by the Department of Transportation.
(b) The Department of Transportation may
amend or, for sufficient cause shown, may suspend
or revoke any such permit. THE DEPARTMENT MAY
IMPOSE A CIVIL PENALTY ON ANY PERSON OR ANY
OFFICER OF ANY ASSOCIATION, LIMITED LIABILITY
COMPANY OR CORPORATION WHO VIOLATES ANY PROVISION
OF ANY REGULATION ADOPTED UNDER SECTION 13b-88, AS
AMENDED BY SECTION 11 OF THIS ACT, WITH RESPECT TO
ROUTES AND TERMINALS IN THIS STATE, SPEED OF
OPERATION, SAFETY OF PASSENGERS, EQUIPMENT, PUBLIC
SAFETY AND CONVENIENCE ON THE HIGHWAYS OR
CONSERVATION OF THE HIGHWAYS, IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED DOLLARS PER DAY FOR EACH
VIOLATION.
(c) A holder of such permit shall not operate
a motor bus in the transportation of passengers
for hire between points within this state without
securing from (1) the Department of Transportation
a certificate of public convenience and necessity
in accordance with the provisions of sections
13b-80 to 13b-85, inclusive, AS AMENDED BY THIS
ACT, or (2) the [Interstate Commerce Commission or
its successor agency] FEDERAL HIGHWAY
ADMINISTRATION a certificate pursuant to the Bus
Regulatory Reform Act of 1982, P.L. 97-261.
(d) Upon the granting of a permit, the holder
thereof may apply for the registration of any
motor bus of which he is the owner or lessee and
which is to be used as specified in such permit,
and the Commissioner of Motor Vehicles shall have
jurisdiction over the registration of any such
motor bus and its exterior lighting equipment and
over the licensing of its operator.
Sec. 13. Section 13b-90 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person or the officers of any
association, LIMITED LIABILITY COMPANY or
corporation who violate any provision of section
13b-88, AS AMENDED BY SECTION 11 OF THIS ACT, or
13b-89, AS AMENDED BY SECTION 12 OF THIS ACT, or
any order or regulation adopted or established
under their provisions shall be fined not more
than one hundred dollars.
Sec. 14. Section 13b-101 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The term "motor vehicle in livery service"
means and includes every motor vehicle used by any
person, association, limited liability company or
corporation which represents itself to be in the
business of transporting passengers for hire,
except (1) any motor bus and any taxicab operated
under a certificate of public convenience and
necessity issued by the Department of
Transportation, [any motor vehicle engaged
exclusively in transportation of passengers for
hire by virtue of a contract with any federal,
state or municipal agency, and] (2) any school
bus, as defined in section 14-275, or student
transportation vehicle, as defined in section
14-212, when used for the transportation of
children under the age of twenty-one years, AND
(3) ANY SCHOOL BUS, AS DEFINED IN SECTION 14-275,
WHEN USED FOR THE TRANSPORTATION OF PASSENGERS (A)
BY VIRTUE OF A CONTRACT WITH ANY PUBLIC OR PRIVATE
INSTITUTION OF HIGHER EDUCATION, (B) PURSUANT TO A
CONTRACT FOR SERVICE TO A SPECIAL EVENT HELD AT A
LOCATION OR FACILITY WHICH IS NOT OPEN FOR
BUSINESS ON A DAILY BASIS THROUGHOUT THE YEAR, NOT
TO EXCEED A PERIOD OF TEN DAYS, OR (C) PURSUANT TO
A CONTRACT WITH A MUNICIPALITY FOR WHICH THE
CARRIER PROVIDES SCHOOL TRANSPORTATION SERVICE.
Sec. 15. Section 13b-102 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) (1) Each person, association, LIMITED
LIABILITY COMPANY or corporation owning or
operating a motor vehicle in livery service shall
be subject to the jurisdiction of the Department
of Transportation, and the department may
prescribe adequate service and reasonable rates
and charges and prescribe and establish such
reasonable regulations with respect to fares,
service, operation and equipment as it deems
necessary for the convenience, protection, safety
and best interests of passengers and the public.
(2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION
(1) OF THIS SUBSECTION WITH RESPECT TO REASONABLE
RATES AND CHARGES, EACH PERSON, ASSOCIATION,
LIMITED LIABILITY COMPANY OR CORPORATION OPERATING
A MOTOR VEHICLE IN LIVERY SERVICE HAVING A SEATING
CAPACITY OF TEN OR MORE ADULTS SHALL FILE A
SCHEDULE OF REASONABLE MAXIMUM RATES AND CHARGES
WITH THE DEPARTMENT OF TRANSPORTATION. THE
PROVISIONS OF SUBDIVISION (1) OF THIS SUBSECTION
WITH RESPECT TO RATES AND CHARGES SHALL NOT APPLY
TO ANY PERSON, ASSOCIATION, LIMITED LIABILITY
COMPANY OR CORPORATION OPERATING A MOTOR VEHICLE
ENGAGED IN THE TRANSPORTATION OF PASSENGERS FOR
HIRE BY VIRTUE OF A CONTRACT WITH, OR A LOWER TIER
CONTRACT FOR, ANY FEDERAL, STATE OR MUNICIPAL
AGENCY.
(b) EACH PERSON, ASSOCIATION, LIMITED
LIABILITY COMPANY OR CORPORATION OPERATING A MOTOR
VEHICLE BY VIRTUE OF AUTHORIZATION ISSUED BY THE
FEDERAL HIGHWAY ADMINISTRATION FOR CHARTER AND
SPECIAL OPERATION SHALL REGISTER SUCH
AUTHORIZATION FOR INTERSTATE OPERATION WITH THE
DEPARTMENT OF TRANSPORTATION IF SUCH PERSON,
ASSOCIATION, LIMITED LIABILITY COMPANY OR
CORPORATION MAINTAINS A DOMICILE OR PRINCIPAL
OFFICE IN THE STATE.
Sec. 16. Section 13b-103 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a)(1) No person, association, LIMITED
LIABILITY COMPANY or corporation shall operate a
motor vehicle in livery service until such person,
association, LIMITED LIABILITY COMPANY or
corporation has obtained a permit from the
Department of Transportation, specifying the
nature and extent of the service to be rendered
and certifying that public convenience and
necessity will be improved by the operation and
conduct of such livery service. Such permits shall
be issued only after a written application for the
same has been made and a public hearing has been
held thereon. Upon receipt of such application,
together with the payment of a fee of two hundred
dollars, the department shall fix a time and place
of hearing thereon, within a reasonable time, and
shall promptly give written notice of the pendency
of such application and of the time and place of
such hearing to each applicant, the mayor of each
city, the warden of each borough and the first
selectman of each town, within which any such
applicant desires to maintain an office or
headquarters, to any carrier legally operating
motor vehicles in livery service within the same
territory and to other interested parties as
determined by the department. (2) Notwithstanding
any provision of subdivision (1) of this
subsection to the contrary, the department may
issue a permit for the operation of vehicles (A)
having a capacity of less than ten adults or to be
used exclusively at funerals, weddings,
christenings, processions or celebrations, without
holding a hearing and certifying that public
convenience and necessity would be improved by the
operation of such vehicles or (B) having a
capacity of ten or more adults and used for
sightseeing and related purposes, without holding
a hearing, provided the department issues a legal
notice, as provided under section 1-2, of such
application and no objection is filed with the
department within thirty days of publication of
such notice. (3) NOTWITHSTANDING ANY PROVISION OF
SUBDIVISION (1) OF THIS SUBSECTION TO THE
CONTRARY, THE DEPARTMENT MAY ISSUE A TEMPORARY OR
PERMANENT PERMIT TO ANY PERSON, ASSOCIATION,
LIMITED LIABILITY COMPANY OR CORPORATION OPERATING
A MOTOR VEHICLE ENGAGED IN THE TRANSPORTATION OF
PASSENGERS FOR HIRE BY VIRTUE OF A CONTRACT WITH,
OR A LOWER TIER CONTRACT FOR, ANY FEDERAL, STATE
OR MUNICIPAL AGENCY (A) WHICH IS IN EFFECT ON JULY
1, 1997, WITH OR WITHOUT HEARING, AFTER A WRITTEN
APPLICATION FOR THE SAME HAS BEEN MADE AND THE
DEPARTMENT HAS DETERMINED THAT THE APPLICANT MEETS
THE REQUIREMENTS OF SUBSECTION (b) OF THIS SECTION
EXCEPT WITH RESPECT TO PUBLIC CONVENIENCE AND
NECESSITY, OR (B) WHICH BECOMES EFFECTIVE AFTER
JULY 1, 1997, WITH OR WITHOUT HEARING, AFTER A
WRITTEN APPLICATION FOR THE SAME HAS BEEN MADE AND
THE DEPARTMENT HAS DETERMINED THAT THE APPLICANT
MEETS THE REQUIREMENTS OF SUBSECTION (b) OF THIS
SECTION. ANY SUCH PERMIT ISSUED UNDER THE
PROVISIONS OF THIS SUBDIVISION (i) SHALL BE
LIMITED TO SERVICE PROVIDED UNDER ANY SUCH
CONTRACT, AND (ii) WITH RESPECT TO ANY CONTRACT
UNDER THE PROVISIONS OF SUBPARAGRAPH (A) OF THIS
SUBDIVISION, SHALL NOT AUTHORIZE A TOTAL NUMBER OF
MOTOR VEHICLES EXCEEDING THE NUMBER REQUIRED TO
PROVIDE SERVICE EXISTING UNDER SUCH CONTRACT ON
JULY 1, 1997.
(b) In determining whether or not such a
permit shall be granted, the Department of
Transportation shall take into consideration the
present or future public convenience and necessity
for the service the applicant proposes to render,
the suitability of the applicant or the
suitability of the management if the applicant is
a LIMITED LIABILITY COMPANY OR corporation, the
financial responsibility of the applicant, the
ability of the applicant efficiently and properly
to perform the service for which authority is
requested and the fitness, willingness and ability
of the applicant to conform to the provisions of
this chapter and the requirements and regulations
of the department thereunder.
(c) Any interested party may bring a written
petition to the Department of Transportation in
respect to fares, service, operation or equipment,
or the convenience, protection and safety of the
public with regard to any carrier operating a
motor vehicle in livery service. Thereupon, the
department [shall] MAY fix a time and place for a
hearing upon such petition and [shall] give notice
thereof. No permit shall be sold or transferred
until the department, upon written application to
it setting forth the purpose, terms and conditions
thereof and accompanied by a fee of two hundred
dollars, after investigation, approves the same.
The department may amend or, for sufficient cause
shown, may suspend or revoke any such permit. THE
DEPARTMENT MAY IMPOSE A CIVIL PENALTY ON ANY
PERSON OR ANY OFFICER OF ANY ASSOCIATION, LIMITED
LIABILITY COMPANY OR CORPORATION WHO VIOLATES ANY
PROVISION OF THIS CHAPTER OR ANY REGULATION
ADOPTED UNDER SECTION 13b-102, AS AMENDED BY
SECTION 15 OF THIS ACT, WITH RESPECT TO FARES,
SERVICE, OPERATION OR EQUIPMENT, IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED DOLLARS PER DAY FOR EACH
VIOLATION.
(d) The owner or operator of each motor
vehicle in livery service shall display therein
such permit or a memorandum thereof.
Sec. 17. Section 13b-108 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person or any officer of any
association, LIMITED LIABILITY COMPANY or
corporation who violates any provision of sections
13b-101 to 13b-107, inclusive, AS AMENDED BY THIS
ACT, or any order or regulation adopted,
prescribed or established under any such provision
shall be fined not more than five hundred dollars
or imprisoned not more than sixty days or both for
the first offense and for a second offense shall
be fined two thousand dollars or imprisoned not
more than sixty days or both and may be enjoined
from further operation or maintenance of a livery
business pursuant to subsection (b) of this
section.
(b) Any person or any officer of any
association, LIMITED LIABILITY COMPANY or
corporation who violates section 13b-103, AS
AMENDED BY SECTION 16 OF THIS ACT, may be enjoined
from further operation or maintenance of any
livery business by order of the Superior Court.
The Commissioner of Transportation shall bring any
application for an injunction to the judicial
district in which the principal place of business
of any such person, association, LIMITED LIABILITY
COMPANY or corporation is located. The court upon
a finding of a violation of section 13b-103, AS
AMENDED BY SECTION 16 OF THIS ACT, may issue an
injunction and make such orders for the
discontinuance of such business as it deems
equitable.
Sec. 18. Section 13b-109 of the general
statutes is repealed and the following is
substituted in lieu thereof:
A printed advertisement concerning a motor
vehicle in livery service shall conspicuously
state the number of the permit issued to the
operator of such vehicle by the Department of
Transportation pursuant to section 13b-103, AS
AMENDED BY SECTION 16 OF THIS ACT, and shall
conspicuously state the number of any permit or
registration issued to such operator by the
[Interstate Commerce Commission or its successor
agency] FEDERAL HIGHWAY ADMINISTRATION.
Sec. 19. Subsection (e) of section 15-13 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) Said commissioner may suspend or revoke
any pilot's license for (1) incompetence, (2)
neglect of duty, [or] (3) misconduct OR (4) USING
A VESSEL OWNED OR OPERATED BY A PERSON WHO HAS NOT
OBTAINED A CERTIFICATE OF COMPLIANCE UNDER THE
PROVISIONS OF SECTION 2 OF THIS ACT FOR THE
PURPOSE OF EMBARKING OR DISEMBARKING ANOTHER
VESSEL IN OPEN AND UNPROTECTED WATERS. Any person
aggrieved by the action of said commissioner under
the provisions of this subsection may appeal
therefrom in accordance with the provisions of
section 4-183.
Sec. 20. Section 15-15d of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Pilotage on Long Island Sound shall be
concurrent with the state of New York.
(b) THE COMMISSIONER OF TRANSPORTATION MAY
EXECUTE AN AGREEMENT WITH THE PILOT COMMISSION OF
ANY OTHER STATE FOR THE ESTABLISHMENT OF A
ROTATION SYSTEM FOR THE ASSIGNMENT OF PILOTS FOR
THE CONDUCT OF VESSELS IN THE PORTS AND WATERS OF
THE STATE, INCLUDING THE WATERS OF LONG ISLAND
SOUND.
Sec. 21. Subsection (d) of section 25-32 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) The commissioner may grant a permit for
the sale of class I or II land to another water
company, TO A STATE AGENCY or to a municipality if
the purchasing entity agrees to maintain the land
subject to the provisions of this section, any
regulations adopted pursuant to this section and
the terms of any permit issued pursuant to this
section. Such purchasing entity may not sell,
lease, assign or change the use of such land
without obtaining a permit pursuant to this
section.
Sec. 22. Section 13b-96 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each person, association, LIMITED LIABILITY
COMPANY or corporation owning or operating a
taxicab is declared a common carrier and subject
as such to the jurisdiction of the Department of
Transportation, and the department is authorized
to prescribe adequate service and reasonable rates
and charges and prescribe and establish such
reasonable regulations with respect to fares,
service, operation and equipment as it deems
necessary for the convenience, protection and
safety of passengers and the public.
Sec. 23. Section 13b-97 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person, association, LIMITED LIABILITY
COMPANY or corporation shall operate a taxicab
until such person, association, LIMITED LIABILITY
COMPANY or corporation has obtained a certificate
from the Department of Transportation certifying
that public convenience and necessity require the
operation of a taxicab or taxicabs for
transportation of passengers, the acceptance or
solicitation of which originates within the
territory specified in such certificate except as
provided under subsection (d) of this section. NO
SUCH CERTIFICATE SHALL BE ISSUED UNLESS THE
DEPARTMENT FINDS THAT THE PERSON, ASSOCIATION,
LIMITED LIABILITY COMPANY OR CORPORATION IS
SUITABLE TO OPERATE A TAXICAB SERVICE, AFTER
GIVING DUE CONSIDERATION TO, AT A MINIMUM, THE
FOLLOWING FACTORS: (1) ANY CONVICTIONS OF THE
APPLICANT UNDER FEDERAL, STATE OR LOCAL LAWS
RELATIVE TO SAFETY, MOTOR VEHICLE OR CRIMINAL
VIOLATIONS; (2) THE NUMBER OF TAXICABS TO BE
OPERATED UNDER THE CERTIFICATE; (3) THE ADEQUACY
OF THE APPLICANT'S FINANCIAL RESOURCES TO OPERATE
THE TAXICAB SERVICE; (4) THE ADEQUACY OF INSURANCE
COVERAGE AND SAFETY EQUIPMENT; AND (5) THE
AVAILABILITY OF QUALIFIED TAXICAB OPERATORS. Such
certificate shall be issued only after written
application for the same has been made and public
hearing held thereon. The application shall be
accompanied by a fee of [twenty-five dollars and
on and after July 1, 1985, thirty-eight dollars,
on and after July 1, 1989, fifty-six dollars, on
and after July 1, 1991, seventy dollars, and on
and after July 1, 1993,] eighty-eight dollars.
Upon receipt of such application, the department
shall fix a time and place of hearing thereon and
shall promptly give written notice of the pendency
of such application and of the time and place of
hearing thereon to such applicant, the mayor of
each city, the warden of each borough or the first
selectman of each town in which the applicant
desires to originate the transportation of such
passengers, and to any common carrier operating
within the territory specified. Notwithstanding
any provision of this subsection to the contrary,
the department may, upon receipt of a written
application, amend an existing certificate to
increase the number of taxicabs which may be
operated pursuant to the certificate without
holding a hearing on the application, provided the
department issues a legal notice of such
application in a daily newspaper in accordance
with the provisions of section 1-2, GIVES WRITTEN
NOTICE OF THE PENDENCY OF SUCH APPLICATION TO ANY
COMMON CARRIER OPERATING WITHIN THE TERRITORY
SPECIFIED and no objection is filed with the
department within thirty days of EACH such notice.
WITH RESPECT TO ANY APPLICATION FILED UNDER THE
PROVISIONS OF THIS SUBSECTION, THE DEPARTMENT
SHALL NOT CONSIDER AS A GROUND FOR DENIAL OF A
REQUEST FOR AN INCREASE IN THE NUMBER OF TAXICABS
TO BE OPERATED WITHIN THE TERRITORY SPECIFIED, ANY
NUMBER OF TAXICABS NOT CURRENTLY REGISTERED WITH
THE COMMISSIONER OF MOTOR VEHICLES AT THE TIME OF
FILING OF SUCH APPLICATION OR AT THE TIME OF ANY
HEARING HELD THEREON.
(b) Any town, city or borough within which
taxicab service is operated or any interested
party may bring a written petition to the
department with respect to fares, service,
operation or equipment or the convenience,
protection and safety of passengers and the
public. Thereupon, the department [shall] MAY fix
a time and place for a hearing upon such petition,
and [shall promptly] give written notice thereof
to the parties in interest [and give notice
thereof] at least one week prior to such hearing.
(c) No certificate shall be sold or
transferred until the department, upon written
application to it setting forth the purpose, terms
and conditions thereof, and after investigation,
FINDS THAT THE PURCHASER OR TRANSFEREE IS SUITABLE
TO OPERATE A TAXICAB SERVICE AFTER CONSIDERATION
OF THE FACTORS SPECIFIED IN SUBSECTION (a) OF THIS
SECTION AND approves the same. The application
shall be accompanied by a fee of [twenty-five
dollars, and on and after July 1, 1985, the fee
shall be thirty-eight dollars, on and after July
1, 1989, fifty-six dollars, on and after July 1,
1991, seventy dollars, and on and after July 1,
1993,] eighty-eight dollars. The department may
amend or, for sufficient cause shown, may suspend
or revoke any such certificate. THE DEPARTMENT MAY
IMPOSE A CIVIL PENALTY ON ANY PERSON OR ANY
OFFICER OF ANY ASSOCIATION, LIMITED LIABILITY
COMPANY OR CORPORATION WHO VIOLATES ANY PROVISION
OF THIS CHAPTER OR ANY REGULATION ADOPTED UNDER
SECTION 13b-96, AS AMENDED BY SECTION 22 OF THIS
ACT, WITH RESPECT TO FARES, SERVICE, OPERATION OR
EQUIPMENT, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
DOLLARS PER DAY FOR EACH VIOLATION. ANY SUCH
CERTIFICATE ISSUED BY THE DEPARTMENT SHALL REMAIN
VALID UNLESS SUSPENDED OR REVOKED BY THE
DEPARTMENT. Any such certificate issued by the
Division of Public Utility Control within the
Department of Business Regulation prior to October
1, 1979, OR BY ANY TRANSIT DISTRICT PRIOR TO MARCH
1, 1997, shall remain valid unless suspended or
revoked by the Department of Transportation.
(d) Any person, association, LIMITED
LIABILITY COMPANY or corporation which has
obtained a certificate under subsection (a) of
this section may solicit, receive and discharge
taxicab passengers at Bradley International
Airport, subject to formal agreement with the
Commissioner of Transportation PROVIDED SUCH
AGREEMENT SHALL NOT TAKE PRECEDENCE OVER ITS
OBLIGATION TO PROVIDE TAXICAB SERVICE WITHIN THE
TERRITORY SPECIFIED IN SUCH CERTIFICATE. ANY SUCH
PERSON, ASSOCIATION, LIMITED LIABILITY COMPANY OR
CORPORATION MAY DISCHARGE TAXICAB PASSENGERS
RECEIVED AT SUCH AIRPORT WITHIN A TERRITORY OTHER
THAN THE TERRITORY SPECIFIED IN ITS CERTIFICATE.
The commissioner may charge and collect a
reasonable fee from any such person, [firm]
ASSOCIATION, LIMITED LIABILITY COMPANY or
corporation for the privilege of solicitation of
such passengers.
Sec. 24. Subsection (c) of section 13b-99 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The commissioner shall publish a list,
semiannually, of all persons holding a class B
license whose class B license or registration has
been suspended. Such list shall be mailed to each
person, association, LIMITED LIABILITY COMPANY or
corporation operating a taxicab pursuant to
section 13b-97, AS AMENDED BY SECTION 23 OF THIS
ACT.
Sec. 25. Section 13b-100 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person or the officers of any
association, LIMITED LIABILITY COMPANY or
corporation who violate any provision of this
chapter or any order or regulation adopted or
established under any such provision shall be
fined not more than one [hundred] THOUSAND
dollars, [or imprisoned not more than sixty days
or both,] and the certificate issued to him or to
such association, LIMITED LIABILITY COMPANY or
corporation may be revoked.
Sec. 26. Section 14-260n of the general
statutes is amended by adding subdivision (17) as
follows:
(NEW) (17) "Dromedary box" means a
cargo-carrying container mounted on the frame of a
tractor and located behind the cab.
Sec. 27. Subsection (a) of section 14-262 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The following vehicles shall not be
operated upon any highway or bridge without a
special written permit from the Commissioner of
Transportation, as provided in section 14-270,
specifying the conditions under which they may be
so operated:
(1) A vehicle, combination of vehicle and
trailer or commercial vehicle combination which is
wider than one hundred two inches or its
approximate metric equivalent of two and
six-tenths meters or one hundred two and
thirty-six-hundredths inches, including its load,
but not including the following safety devices:
Reasonably sized rear view mirrors, turn signals,
steps and handholds for entry and egress, spray
and splash suppressant devices, load-induced tire
bulge and any other state-approved safety device
which the Commissioner of Transportation
determines is necessary for the safe and efficient
operation of such a vehicle or combination,
provided no such state-approved safety device
protrudes more than three inches from each side of
the vehicle or provided no such device has by its
design or use the capability to carry cargo. Such
permit shall not be required in the case of (A)
farm equipment, (B) a vehicle or combination of
vehicle and trailer loaded with hay or straw, (C)
a school bus equipped with a folding stop sign or
exterior mirror, as approved by the Commissioner
of Motor Vehicles, which results in a combined
width of bus and sign or bus and mirror in excess
of that established by this subsection, or (D) a
trailer designed and used exclusively for
transporting boats when the gross weight of such
boats does not exceed four thousand pounds; and
(2) A combination of vehicle and trailer
which is longer than sixty feet except (A) a
trailer designed and used exclusively for
transporting boats when the gross weight of such
boats does not exceed four thousand pounds, (B) a
tractor-trailer unit, (C) a commercial vehicle
combination, [or] (D) combinations of vehicles
considered as specialized equipment in the Code of
Federal Regulations, Title 23, Part 658.13(d), as
amended, OR (E) A TRACTOR EQUIPPED WITH A
DROMEDARY BOX OPERATED IN COMBINATION WITH A
SEMITRAILER WHICH TRACTOR AND SEMITRAILER DO NOT
EXCEED SEVENTY-FIVE FEET IN OVERALL LENGTH.
Sec. 28. Section 15-69 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person who interferes or tampers with
any airport, heliport, landing field or airway or
the equipment thereof OR WHO INTERFERES OR TAMPERS
WITH OR CIRCUMVENTS, ATTEMPTS TO CIRCUMVENT OR
THWART ANY SECURITY DEVICE OR EQUIPMENT INSTALLED
OR WHO CIRCUMVENTS, ATTEMPTS TO CIRCUMVENT OR
FAILS TO COMPLY WITH SECURITY MEASURES OR
PROCEDURES IN OPERATION AT ANY AIRPORT shall be
fined not less than two hundred dollars nor more
than one thousand dollars or imprisoned not more
than five years or be both fined and imprisoned.
(b) ANY PERSON WHO KNOWINGLY OR INTENTIONALLY
PROVIDES FALSE INFORMATION, MAKES A FALSE WRITTEN
STATEMENT OR WITHHOLDS RELEVANT INFORMATION ON ANY
APPLICATION OR OTHER DOCUMENT REQUIRED BY AIRPORT
OR AIRPLANE OPERATOR SECURITY PLANS OR MEASURES
PURSUANT TO FEDERAL LAW AND REGULATIONS WHICH IS
SUBMITTED TO ANY AIRPORT OWNER OR OPERATOR, AIR
CARRIER, AIRPORT TENANT, CONCESSIONAIRE OR
CONTRACTOR SHALL BE FINED NOT MORE THAN ONE
THOUSAND DOLLARS OR IMPRISONED NOT MORE THAN ONE
YEAR OR BE BOTH FINED AND IMPRISONED.
Sec. 29. The portion of Route 3 in the town
of Rocky Hill shall be named the Disabled American
Veterans Memorial Highway.
Sec. 30. Sections 13b-84, 13b-98 and 13b-109a
of the general statutes are repealed.
Sec. 31. This act shall take effect from its
passage, except that sections 3, 4, 7 to 18,
inclusive, 21 to 25, inclusive, and 30 shall take
effect July 1, 1997, and sections 5, 6, 19 and 28
shall take effect October 1, 1997.
Approved July 8, 1997