Substitute House Bill No. 6601

Public Act No. 99-181

An Act Revising Certain Transportation Laws.

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

Section 1. Subsection (a) of section 13a-98i of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The commissioner may enter into agreements for the acceptance and expenditure of funds concerning federal surface transportation urban program roadways or facilities and eligible federal surface transportation rural collector roadways or facilities with the United States Secretary of Transportation or local officials, or both, to develop plans and establish programs for, and construct improvements on or to such roadways or facilities using appropriations made to the Department of Transportation by the General Assembly and apportionments to the Department of Transportation by said Secretary of Transportation under the provisions of the [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century, all amendments thereto and all applicable federal regulations. Any municipality becoming a party to an agreement concerning such improvements on locally maintained roadways or facilities shall pay fifty per cent of that portion of the cost thereof, which is not paid by the federal government, including required studies, establishing programs, development of plans, engineering expenses, acquisition of rights-of-way, required municipally-owned utility work and construction activities, provided the municipality may pay up to the entire nonfederal government share on locally maintained roadways or facilities when the commissioner and municipality agree that this action is warranted, necessary and desirable in order to obtain federal funds. The state may pay fifty per cent of that portion of the cost thereof which is not paid by the federal government on locally maintained roadways or facilities and shall pay the entire portion not paid by the federal government on state maintained roadways or facilities.

Sec. 2. Subsection (b) of section 13b-83 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The holder of a certificate of public convenience and necessity, issued in accordance with the provisions of section 13b-103, as amended by this act, for the operation of a passenger vehicle which has seats for more than [nine] ten passengers in addition to the driver, may apply for the registration of such vehicle as a motor bus, provided such holder is the owner or lessee of such vehicle and such vehicle is to be used as specified in such certificate. The Commissioner of Motor Vehicles shall have jurisdiction over the registration of any such vehicle and its exterior lighting equipment and over the licensing of its operator. Any such vehicle so registered may operate exclusively in livery service in accordance with the provisions of chapter 244b.

Sec. 3. Subsection (a) of 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] eleven 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] not less than eleven nor more than fourteen 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.

Sec. 4. (NEW) No person, association, limited liability company or corporation shall operate a motor vehicle in charter bus transportation, pursuant to Public Law 105-178 until such person, association, limited liability company or corporation has obtained a permit from the Commissioner of Transportation. An application for a permit shall be filed with the commissioner, in such form as the commissioner may prescribe, along with a fee of two hundred dollars. A hearing shall not be required for obtaining said permit.

Sec. 5. Subsection (c) of section 13b-103 of the general statutes is repealed and the following is substituted in lieu thereof:

(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 may fix a time and place for a hearing upon such petition and 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 with respect to fares, service, operation or equipment, in an amount not to exceed one hundred dollars per day for each violation. Prior to the imposition of a civil penalty under this subsection, the department shall provide notice to said person or officer no later than fifteen business days of receipt of information concerning an alleged violation and shall provide an opportunity for a hearing.

Sec. 6. Subsection (a) of 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.

Sec. 7. Section 13b-410 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Transportation is authorized to prescribe and establish such reasonable regulations for household goods carriers and motor contract carriers operating in intrastate commerce as [he] the commissioner deems necessary with respect to rates and charges, issuance of certificates or permits, classification of carriers, abandonment or suspension of service, routes, speed, adequacy of service, financial responsibility, insurance covering personal injury, property damage and cargo, uniform system of accounts, records, reports, safety of operation and equipment and the public convenience and safety. To prevent unjust discrimination, undue preference or prejudice between shippers or consignees and household goods carriers transporting household goods in intrastate commerce, the commissioner may prescribe and establish settlement of claims governing the payment of tariff charges, including regulations for weekly or monthly settlement, in the delivery or transfer of possession or title of household goods between shippers, consignees and household goods carriers transporting household goods in intrastate commerce. This authorization shall not be construed to prohibit any household goods carrier from extending credit in connection with rates and charges on household goods transported for any branch of the government of the United States or any department of the state, or for any county, city, borough or town.

(b) The commissioner, after notice and hearing, may impose a civil penalty of not more than one hundred dollars for each violation of a provision of the regulations adopted pursuant to subsection (a) of this section. Each day on which the violation occurs shall be deemed a separate offense.

Sec. 8. Section 13b-414 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person, [whether] including a carrier, shipper, consignee or broker or any officer, employee or agent [thereof] of such person who knowingly or wilfully causes to be done any act prohibited by this chapter or who knowingly violates or fails to comply with or knowingly procures, aids or abets any violation of this chapter or fails to comply with any order, decision or regulation of the Commissioner of Transportation, or who is guilty of any violation of this chapter for which no penalty is otherwise provided, shall be fined not more than five hundred dollars for the first offense and shall be fined not more than two thousand dollars for any subsequent offense.

(b) The commissioner, after notice and hearing, may impose a civil penalty of not more than one hundred dollars for each offense on any person, including a carrier, shipper, consignee or broker or any officer, employee or agent of such person who violates any provision of this chapter. Each day on which the violation occurs shall be deemed a separate offense.

[(b)] (c) Notwithstanding any provision of the general statutes to the contrary, any person who is alleged to have committed a violation under the provisions of sections 13b-410a to 13b-410c, inclusive, or of any regulation adopted in accordance with the provisions of subsection (a) of section 13b-410, as amended by this act, shall follow the procedures set forth in section 51-164n.

Sec. 9. Section 14-12i of the general statutes is repealed and the following is substituted in lieu thereof:

[(a) There is established a fund to be known as the Automobile Insurance Enforcement Fund. The fund shall contain the moneys required by law to be deposited in the fund. The fund may be used by the Commissioner of Motor Vehicles to administer the provisions of sections 14-12c and 14-12f to 14-12k, inclusive, 14-112, 14-213b, 38a-343 and 38a-343a, including payments to any independent contractor which may be hired in accordance with section 14-12j. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal period next succeeding.

(b) The Insurance Commissioner shall determine and assess a special fee to be paid by each private passenger motor vehicle liability insurance company which issues private passenger motor vehicle liability insurance in this state in accordance with part II of chapter 700. The amount of the fee for each private passenger motor vehicle liability insurance company shall be proportional to the amount of private passenger motor vehicle liability premium written in this state, in accordance with a formula determined by the commissioner. The total assessment imposed on all such companies shall be sufficient to establish the procedures necessary to implement the provisions of sections 14-12c and 14-12f to 14-12k, inclusive, 14-112, 14-213b, 38a-343 and 38a-343a to acquire the necessary equipment, including computer hardware and software, and to take such other actions as are necessary to implement the provisions of said sections, provided the total assessment of all insurers shall not exceed one million dollars. The moneys received from the assessment and collection of the special fee shall be deposited in the Automobile Insurance Enforcement Fund established pursuant to subsection (a) of this section. The Insurance Commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of this section. Nothing in sections 14-12c and 14-12f to 14-12k, inclusive, 14-112, 14-213b, 38a-343 and 38a-343a shall be construed to permit any assessments on insurers in addition to the special fee set forth in this subsection.]

[(c)] (a) 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 (c) 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] Special Transportation Fund.

[(d)] (b) In addition to other purposes authorized for the expenditure of moneys in the [Automobile Insurance Enforcement Fund] Special Transportation Fund to administer the program established by sections 14-12c and 14-12f to 14-12k, inclusive, as amended by this act, 14-112, 14-213b, 38a-343 and 38a-343a, the Insurance Commissioner, in consultation with the Office of Policy and Management and the Treasurer, may establish a plan or develop a procedure to provide for the reimbursement of municipalities, sheriffs and deputy sheriffs for the necessary expenses incurred in enforcing the provisions of section 14-12h regarding the confiscation and return to the Department of Motor Vehicles of registration number plates.

Sec. 10. Subsection (c) of section 14-12n of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Moneys in such account shall be distributed as follows: (1) Fifty per cent shall be allocated to the [Automobile Insurance Enforcement Fund established] Special Transportation Fund pursuant to section 14-12i, as amended by this act, (2) forty per cent shall be allocated to the Commissioner of Motor Vehicles who shall pay, subject to available funds, for confiscations which occur on or after October 1, 1998, in order of the date of confiscation, any confiscation fee pursuant to section 14-12h which remains unpaid after forfeiture to the sheriff, deputy sheriff or constable who confiscated the number plates or, if the plates were confiscated by a police officer, such confiscation fee shall be remitted to the governmental entity which employed such officer at the time of the confiscation, and (3) ten per cent shall be allocated to the Department of Public Safety and local police departments pursuant to section 14-12h which shall be used for enforcement of said section 14-12h.

Sec. 11. Subsection (f) of section 14-29 of the general statutes is repealed and the following is substituted in lieu thereof:

(f) Notwithstanding the provisions of this section, any person, association or corporation operating a motor vehicle in livery service under the provisions of sections 13b-101 to 13b-109, inclusive, shall carry insurance or indemnity against claims for personal injury or death and legal liability resulting from damage to the property of passengers or of others for any one accident in an amount not less than [six hundred thousand dollars] one million five hundred thousand dollars for vehicles with a seating capacity of fourteen passengers or less and five million dollars for vehicles with a seating capacity of fifteen passengers or more.

Sec. 12. Subsection (b) of section 14-108a of the general statutes is repealed and the following is substituted in lieu thereof:

(b) In each motor vehicle accident in which any person is killed or injured or in which damage to the property of any one individual, including the operator, in excess of one thousand dollars is sustained, the police officer, agency or individual who, in the regular course of duty, investigates such accident, either at the time of or at the scene of the accident or thereafter, by interviewing the participants or witnesses, shall, within five days after completing such investigation, complete and forward one copy of such report to the Commissioner of Transportation. Such report shall call for and contain all available detailed information to disclose the location and cause of the accident, the conditions then existing, the persons and vehicles involved and the names of the insurance companies issuing their automobile liability policies, as well as the enforcement action taken. The Commissioner of Transportation shall forward to the Commissioner of Motor Vehicles one copy of each report of [(1) any accident in which any person is killed or (2) any accident involving a school bus or public service motor vehicle] any accident involving a school bus. The Commissioner of Motor Vehicles may inquire into or investigate any accident reported pursuant to this subsection and may request the assistance of the Division of State Police within the Department of Public Safety for such purposes.

Sec. 13. Subsection (c) of section 52-557b of the general statutes is repealed and the following is substituted in lieu thereof:

(c) An employee of a railroad company, including any company operating a commuter rail line, who has successfully completed a course in first aid, [offered by the American Red Cross, who is trained in cardiopulmonary resuscitation in accordance with standards set forth by the American Red Cross] offered by the American Red Cross, the American Heart Association, the National Ski Patrol, the Department of Public Health or any director of health, as certified by the agency or director of health offering the course, and who renders emergency first aid or cardiopulmonary resuscitation to a person in need thereof, shall not be liable to such person assisted for civil damages for any personal injury or death which results from acts or omissions by such employee in rendering the emergency first aid or cardiopulmonary resuscitation [,] which may constitute ordinary negligence. The immunity provided in this subsection does not apply to acts or omissions constituting gross, wilful or wanton negligence.

Sec. 14. Section 13b-38v of the general statutes is repealed and the following is substituted in lieu thereof:

Any moneys received by the state pursuant to a congestion mitigation and air quality grant under the [Intermodal Surface Transportation Efficiency Act of 1991] Transportation Equity Act for the 21st Century shall be credited to the Special Transportation Fund, established pursuant to section 13b-68. Such moneys shall be expended as follows: (1) Not less than seventy per cent of the total amount of such moneys received by the state pursuant to said grant [prior to the fiscal year ending June 30, 1995, and not less than sixty per cent of such funds received prior to the fiscal year ending June 30, 1998,] shall be expended on eligible projects in the severe nonattainment area to accomplish the mandates of the Clean Air Act. Such expenditures shall include, but not be limited to: (A) Providing technical information to affected employers participating in the traffic reduction program, (B) providing support and assistance to affected employers participating in the traffic reduction program in developing and implementing a traffic reduction plan, or (C) expenditures which reflect the needs identified by employers in their traffic reduction plans submitted pursuant to section 13b-38p. Not less than ten per cent of such funds allocated under this subdivision shall be expended on projects to increase the availability of parking at railroad stations along the New Haven commuter railroad line or improvements to the New Haven line railroads, and (2) not less than twenty-five per cent of the total amount of such moneys received by the state pursuant to said grant [prior to the fiscal year ending June 30, 1998,] shall be expended on eligible projects to accomplish the goals of section 13b-38p, and the Clean Air Act which shall include, but not be limited to: (A) Traffic reduction programs or activities, (B) vanpool and shuttle service, (C) electric vehicle demonstrations, (D) programs guaranteeing rides home for transit and vanpool users, (E) the conversion of vehicles to alternative fuel vehicles, as defined in section 12-217i, (F) shuttle connections to rail or express bus service, (G) planning for transit-oriented development, (H) facilities for pedestrians or other nonmotorized means of transportation, [and] (I) signal modifications to provide priority to buses, and (J) improvements to the New Haven line railroads.

Sec. 15. Subsection (a) of 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. The commissioner shall request the state criminal history records check for any person or any officer of any association, limited liability company or corporation applying for such certificate from the State Police Bureau of Identification. The commissioner shall arrange for the fingerprinting of any person or any officer of any association, limited liability company or corporation applying for such certificate and forward the fingerprints to said bureau which shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history records check for any federal conviction specified in subdivision (1) of this subsection. A fee shall be charged by the commissioner for each such national criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. Such certificate shall be issued only after written application, fingerprinting and said criminal history records check for the same has been made and public hearing held thereon. The application shall be accompanied by a fee of eighty-eight dollars and the fee for said criminal history records check. 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.

Sec. 16. Subsection (a) of section 13b-251 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The minimum overhead clearance for any structure crossing over railroad tracks [for which construction is begun on or after October 1, 1986,] shall be twenty feet, six inches, except that, (1) if the construction includes only deck replacement or minor widening of the structure, and the existing piers or abutments remain in place, the minimum overhead clearance shall be the structure's existing overhead clearance, (2) the minimum overhead clearance for any structure crossing any railroad tracks on which trains are operated which are attached to or powered by means of overhead electrical wires shall be twenty-two feet, six inches, (3) the minimum overhead clearance for the structure which carries (A) Route 372 over railroad tracks in New Britain, designated state project number 131-156; (B) U.S. Route 1 over railroad tracks in Fairfield, designated state project number 50-6H05; (C) Route 729 over railroad tracks in North Haven, designated state project number 100-149; (D) Grove Street over railroad tracks in Hartford, designated state project number 63-376; (E) Route 1 over railroad tracks in Milford, designated state project number 173-117; (F) Ingham Hill Road over railroad tracks in Old Saybrook, designated state project number 105-164; (G) Ellis Street over railroad tracks in New Britain, designated state project number 88-114; [or] (H) Route 100 over the railroad tracks in East Haven, bridge number 01294; (I) Church Street Extension over certain railroad storage tracks located in the New Haven Rail Yard, designated state project number 92-526 shall be eighteen feet, [and] (4) the minimum overhead clearance for those structures carrying (A) Fair Street, bridge number 03870; (B) Crown Street, bridge number 03871; and (C) Chapel Street, bridge number 03872, over railroad tracks in New Haven shall be seventeen feet, six inches, and (5) the overhead clearance for the structure carrying Woodland Street over the Griffins Industrial Line in Hartford, designated state project number 63-501, shall be fifteen feet, nine inches, with new foundations placed at depths which may accommodate an overhead clearance to a maximum of seventeen feet, eight inches.

Sec. 17. Subdivision (2) of subsection (a) of section 14-262 of the general statutes is repealed and the following is substituted in lieu thereof:

(2) A combination of [vehicle] truck and trailer which is longer than sixty feet except (A) a combination of truck and trailer or tractor and semitrailer loaded with utility poles, both trailer and semitrailer having a maximum length of forty-eight feet, utility poles having a maximum length of fifty feet and the overall length not to exceed eighty feet, (B) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, [(B)] (C) a tractor-trailer unit, [(C)] (D) a commercial vehicle combination, [(D)] (E) combinations of vehicles considered as specialized equipment in the Code of Federal Regulations, Title 23, Part 658.13(d), as amended, or [(E)] (F) 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. 18. Subsection (c) of section 14-262 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The maximum length of a single unit vehicle shall be forty-five feet and the maximum length of the semitrailer portion of a tractor-trailer unit shall be forty-eight feet. A trailer greater than forty-eight feet and less than or equal to fifty-three feet in length may be operated on the national system of interstate and defense highways and on state and local roads for up to one mile from the system, for access to terminals, facilities for food, fuel, repair and rest, and points of loading and unloading, provided the distance from the kingpin to the center of the rearmost axle may not exceed [forty-one] forty-three feet. The Commissioner of Transportation shall permit additional routes upon application of carriers or shippers provided the proposed additional routes meet the permit criteria of the Department of Transportation. Such length limitation shall be exclusive of safety and energy conservation devices, such as refrigeration units, air compressors or air shields and other devices, which the Secretary of the federal Department of Transportation may interpret as necessary for the safe and efficient operation of such vehicles, provided no such device has by its design or use the capability to carry cargo.

Sec. 19. Subsection (g) of section 14-270 of the general statutes is repealed and the following is substituted in lieu thereof:

(g) Any person who violates the provisions of any permit issued under this section or fails to obtain such a permit, when operating a commercial motor vehicle under the provisions of section 14-163c, shall be subject to the following penalties:

(1) A person operating a vehicle with a permit issued under this section that exceeds the weight specified in such [vehicle's] permit shall be subject to a penalty calculated by subtracting the permitted weight from the actual vehicle weight and the rate of the fine shall be fifteen dollars per one hundred pounds or fraction thereof of such excess weight;

(2) A person who fails to obtain a permit issued under section 14-262 or 14-264 and who is operating a vehicle at a weight that exceeds the statutory limit for weight shall be subject to a penalty calculated by subtracting the statutory limit for weight from the actual vehicle weight and the rate of the fine shall be fifteen dollars per one hundred pounds or fraction thereof of such excess weight;

[(2)] (3) A person operating a vehicle with a permit issued under this section that exceeds the length [or width] specified in such [vehicle's] permit shall be subject to a minimum fine of three hundred dollars;

(4) A person operating a vehicle with a permit issued under this section that exceeds the width specified in such permit shall be subject to a minimum fine of three hundred dollars;

[(3)] (5) A person operating a vehicle with a permit issued under this section that exceeds the height specified in such [vehicle's] permit shall be subject to a minimum fine of one thousand dollars; [and]

[(4)] (6) A person operating a vehicle [that exceeds the length, width, height or weight requiring a route restriction, but is not operating under such restriction] with a permit issued under this section on routes not specified in such permit, shall be fined (A) one thousand five hundred dollars for each [such] violation [and (B) a fine calculated at the rate] of the statutory limit for length, width, height or weight, and (B) shall be subject to a penalty calculated by subtracting the statutory weight limit of subsection (b) of section 14-267a from the actual vehicle weight and such weight difference shall be fined at the rate provided for in subparagraph (G) of subdivision (2) of subsection (f) of section 14-267a; [, based on weight limits established under subsection (b) of section 14-267a.] or

(7) A person (A) operating a vehicle with an indivisible load and violating one or more of the provisions of subdivisions (1) to (6), inclusive, of this subsection shall be required to obtain a permit, or (B) operating a vehicle with a divisible load and violating one or more of the provisions of subdivisions (1) to (6), inclusive, of this subsection shall be required to be off loaded to the permit limit.

Sec. 20. Section 14-270 of the general statutes is amended by adding subsection (h) as follows:

(NEW) (h) (1) If the origin, destination, load description, tractor registration, trailer registration, hours of travel, number of escorts, signs or flags of a vehicle with a permit issued under this section differ from those stated on such permit or required by regulations adopted pursuant to this section, a minimum fine of two hundred dollars shall be assessed for each such violation.

(2) If the days of travel of a vehicle with a permit issued under this section differ from those stated on such permit or the vehicle is operated under a false or fraudulent permit, a minimum fine of one thousand five hundred dollars shall be assessed for such violation in addition to any other penalties assessed.

Sec. 21. Subsection (d) of section 14-262 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Violation of any provision of this section shall be [an infraction] subject to a fine of five hundred dollars.

Sec. 22. Section 14-264 of the general statutes is repealed and the following is substituted in lieu thereof:

No vehicle, except a vehicle loaded with loose hay or straw, whose height, with its load, exceeds thirteen feet six inches, shall 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 period for which and the other conditions under which such vehicle shall be permitted to be so operated. Violation of the provision of this section shall be [an infraction] subject to a fine of one thousand five hundred dollars.

Sec. 23. (NEW) The State Traffic Commission, on any state highway, or a local traffic authority, on any highway under its control, may, within available appropriations, designate locations at which signs bearing the words "STATE LAW REQUIRES USE OF SIGNAL LIGHTS WHEN CHANGING LANES" may be erected.

Sec. 24. (NEW) The Commissioner of Transportation may enter into contracts for repair, improvement and maintenance work on any limited access highway or any Adopt-A-Highway Program, excluding the Merritt Parkway.

Sec. 25. The Department of Transportation shall select a recommended plan for the improvement of the Pearl Harbor Memorial Bridge on or before December 31, 1999.

Sec. 26. The segment of Interstate Route 84 running from the overpass of the Connecticut River in a generally easterly direction to the junction of Interstate Route 84 and Route 15 in East Hartford shall be designated the "Brian A. Aselton Memorial Highway".

Sec. 27. The planned extension of the current terminus of Connecticut Route 72 in Plainville to Route 229 in Bristol shall be designated the "Bristol Expressway".

Sec. 28. The segment of United States Route 5 running from the border of East Windsor in a generally southerly direction to the junction of United States Route 5 and Interstate Route 84 shall be designated the "Purple Heart Highway".

Sec. 29. The segment of Route 159, at Palisado Avenue in Windsor, which crosses over the Farmington River shall be designated the "Ray Henry Memorial Bridge".

Sec. 30. Section 5 of public act 98-91 is repealed and the following is substituted in lieu thereof:

The length of Route 571 in Berlin and the segment of Route 372 running from Route 571 in Berlin in a generally [westerly direction to the junction of Route 72 in the Forestville section of Plainville] northwesterly direction to the interchange of Route 372 and Route 72 in New Britain and the segment of Route 72 running from the interchange of Route 372 and Route 72 in New Britain in a generally westerly direction to the junction of Forestville Avenue in Plainville shall be designated the "Polish Legion of American Veterans Memorial Highway".

Sec. 31. The segment of Route 20, running from the interchange of Route 20 and Interstate Route 91 in a generally westerly direction to the Bradley International Airport shall be designated the "82nd Airborne Memorial Highway".

Sec. 32. The segment of Interstate Route 91, running from the Wethersfield town line, in a generally northerly direction, to the Charter Oak Bridge, shall be designated the "Governor's Footguard Memorial Highway".

Sec. 33. Bridge Number 5462, located on the Route 7 Southbound offramp to Backus Avenue in the town of Danbury shall be designated the "Trooper Jorge A. Agosto Memorial Bridge".

Sec. 34. Bridge Number 6289 located on Route 3 Northbound passing over Interstate Route 91 in the town of Wethersfield shall be designated the "Justin A. DeNino Memorial Bridge".

Sec. 35. (NEW) Notwithstanding the provisions of section 13a-95 of the general statutes and other statutes related to competitive bidding procedures, the Commissioner of Transportation may direct the construction manager for the Bradley International Airport Terminal Improvement and Renovation Project to solicit and prequalify responsible and qualified contractors. The list of prequalified contractors shall be approved by the commissioner. The construction manager shall obtain bids on the different construction elements of the project from the contractors on said list. The construction manager shall evaluate all such bids that are fair and reasonable with regard to the state's interest, from at least three prequalified contractors, and make a recommendation for selection to the commissioner. The commissioner shall make the final selection and the construction manager shall award the contract to the selected bidder. Any contractor awarded said contract pursuant to this section shall be subject to the same requirements concerning the furnishing of bonds as a contractor awarded a contract pursuant to section 13a-95 of the general statutes.

Sec. 36. Subsection (a) of section 1-1h of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person who does not possess a valid motor vehicle operator's license may apply to the Department of Motor Vehicles for an identity card. The application for an identity card shall be accompanied by the birth certificate of the applicant or a certificate of identification of the applicant issued by the Department of Correction. Such application shall include: (1) The applicant's name; (2) [his] the applicant's address; (3) whether the address is permanent or temporary; (4) [his] the applicant's birthdate; (5) notice to the applicant that false statements on such application are punishable under section 53a-157b; and (6) such other pertinent information as the Commissioner of Motor Vehicles deems necessary. A fee of ten dollars shall be paid to the Department of Motor Vehicles upon issuance to the applicant of an identity card which contains a picture of the applicant and specifies [his] the applicant's height, sex and eye color. The applicant shall sign the application in the presence of an official of the Department of Motor Vehicles.

Sec. 37. Subsection (a) of section 13a-80g of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any municipality may sell, lease or otherwise transfer easements or other interests in, above or below any street, highway or other public right-of-way to the centerline thereof, other than the right-of-way of a state highway as defined in section 13a-1, in the same manner that it may dispose of any other interest in real property owned by such municipality; provided adequate provision is made for the safe and convenient public use of the street, highway or other public right-of-way and for the protection of adjacent land users [; and provided further, such sale, lease or transfer is made to or with the consent of the owner of the real property abutting that portion of the street, highway or other public right-of-way in, above or below which such easements or other interests are sold, leased or transferred] and that the transferee of said interest restores the street, highway, or right-of-way to its condition existing prior to the transfer of said interest and provided that any sale, lease, or transfer of easements or other interests above any street, highway, or other public right-of-way is made with the consent of the owner of the real property abutting the portion of the street, highway, or other public right-of-way above which such easement or other interest is sold, leased or transferred. The sale, lease or transfer of easements or other interests in, above or below the portion of a street, highway or other public right-of-way lying to one side of the centerline thereof, shall not prevent the sale, lease or transfer of easements or other interests in, above or below the portion lying on the other side of such centerline, unless the terms of the initial sale, lease or transfer so provide.

Sec. 38. (NEW) (a) The provisions of subdivisions (1), (2), (3), (4) and (7) of subsection (b) of section 14a-267a of the general statutes, shall not apply to any motor bus, as defined in subdivision (44) of subsection (a) of section 14-1 of the general statutes, if such motor bus complies with the weight limits specified in 23 CFR 658.17.

(b) A person who violates any provision of subsection (a) of this section shall be subject to the penalties set forth in subsection (f) of section 14-267a of the general statutes.

Sec. 39. Section 15-26 of the general statutes is repealed.

Sec. 40. This act shall take effect from its passage, except that sections 9 to 14, inclusive, section 16, sections 23 to 34, inclusive, and sections 36 and 39 shall take effect October 1, 1999.

Approved June 23, 1999

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