LEGISLATION; JUVENILES; DRIVER LICENSES;

MOTOR VEHICLES - LICENSES;

Connecticut laws/regulations;

You asked for a summary of changes to laws governing driving and driver licensing made during the 2003 legislative sessions.

SUMMARY

During the 2003 legislative sessions (regular and June 30 Special Session) changes were made to laws governing 16- and 17-year old drivers, relating to certain alcohol-related driving offenses, motorcycle licenses, driver’s license suspensions, and theft of motor vehicle fuel. With respect to 16- and 17-year old drivers, requirements for learners’ permits were modified and driving restrictions for newly licensed teen drivers were established. Among the changes relating to alcohol-related driving offenses were imposition of ignition interlock requirements under certain circumstances, mandatory post-accident alcohol testing in certain situations, and mandatory treatment ad assessment following a first drunk driving conviction.

Explanations of the various changes follow.

TEENAGE DRIVERS (PA 03-171 AS AMENDED BY PA 03-265 AND PA 03-3 JUNE 30 SPECIAL SESSION)

The primary changes regarding teenage drivers were made by PA 03-171. This act modifies some of the requirements for 16- and 17-year olds driving under learners’ permits and establishes restrictions, primarily with respect to the number of passengers newly licensed 16- and 17-year olds may transport for certain periods following licensure. Two changes were made to the post-licensure restrictions by subsequent acts as noted below.

Learners’ Permits

The act: (1) allows a person to operate a motor vehicle on a multiple-lane, limited-access highway during any point in the learner’s permit period instead of only after the first third of the permit period has passed (60 days if home-trained/30 days if trained through driver education or commercial training); (2) expands the mandatory safe driving practices course all 16- and 17-year olds must complete from five to eight hours, and the alcohol and drug impact component of the course from two to four hours; (3) requires the maximum fee for the safe driving practices course (previously $ 40) to be determined by the Department of Motor Vehicles (DMV) commissioner by regulation; and (4) requires 16- and 17-year olds who, while residing in another state, completed the necessary classroom instruction but not the safe driving practices component, to take the course in Connecticut prior to licensure and requires the commissioner to determine the maximum course fee by regulation.

The learner’s permit requirements apply to 16- and 17-year olds who apply for a learner’s permit on October 2, 2003 or thereafter. Thus, anyone who applies for a learner’s permit on or before October 1, 2003 will be under the prior learner’s permit requirements.

Post Licensure Passenger and Other Restrictions

Once a 16- or 17-year old receives a driver’s license, the act establishes the following restrictions on driving privileges:

1. for the first three months of licensure, he may transport only one passenger, who may only be (1) his parent or guardian (at least age 25 and a licensed driver), (2) a DMV-licensed driving instructor, or (3); any other person who (a) is at least age 20, (b) has been licensed to operate the type of vehicle the teenage driver is operating for at least four years prior to the time he is being transported, and (c) has not had this license suspended at any time during this four-year period (alternative (3) was added by PA 03-265, § 22); and

2. for the fourth through sixth month of licensure, he may transport, in addition to the above, only other immediate family members.

In addition, the act prohibits a 16- or 17-year old licensed driver from (1) operating a vanpool vehicle or any public service motor vehicle; (2) carrying more passengers than the vehicle has seat-belt-equipped seating positions; and (3) if endorsed to operate a motorcycle, carrying any passenger on the motorcycle for the first six months he is authorized to operate one.

Although PA 03-171 made these post-licensure restrictions applicable to 16- and 17-year olds who apply for learners’ permits on or after October 2, 2003, this subsequently was changed by PA 03-3 of the June 30 Special Session (§ 94). PA 03-3 (June 30 SS) made the section of PA 03-171 that established the post-licensure restrictions effective on January 1, 2004. This appears to be irrespective of when the 16- or 17- year old applied for a learner’s permit or received his license. Therefore, it appears that some 16- and 17-year olds, in particular those who are licensed from July 1 through December 31 of 2003, could be affected by the restrictions even though they may have legally been operating without any restrictions prior to the end of 2003.

The act also: (1) designates as an infraction any violation of the driving restrictions; (2) authorizes the commissioner to suspend a license until age 18, after notice and opportunity for a hearing, for a second or subsequent violation of the restrictions; and (3) authorizes the commissioner to adopt implementing regulations for the restriction provisions.

Home Training Certification

PA 03-265 changed a provision of the law regarding home training certification by requiring that the person who signs a home training certification for a 16- or 17-year old have a suspension-free driving record for at least the four years preceding the date he signs the certificate. By law, certain adults related to a minor driver’s license applicant may certify that they have provided sufficient training to the minor.

ALCOHOL RELATED DRIVING OFFENSES (PA 03-265)

Ignition Interlock Device

The act allows a court to order anyone arrested for DWI, 2^nd degree manslaughter with a motor vehicle, or 2^nd degree assault with a motor vehicle to operate a motor vehicle only if it is equipped with an ignition interlock or immobilization device. (An interlock device keeps the vehicle from being operated by a person whose blood alcohol content (BAC) is . 025%. or above. ) The court can issue the order for an indefinite period as a condition of granting bail or an application to participate in a pretrial alcohol education program. The act (1) requires the offender to bear the cost of installing and maintaining the device, (2) makes it a crime to attempt to circumvent the ignition or vehicle immobilization requirements, and (3) subjects violators to a one-year license suspension in addition to the criminal penalties. The public safety and DMV commissioners must adopt regulations for approving the devices.

It also allows a court to substitute an ignition interlock order for two years of the three-year mandatory license suspension for someone convicted of driving under the influence of alcohol for the second time within 10 years.

The act makes it a class C misdemeanor (up to $ 500, up to three months imprisonment, or both) for a person subject to an order to:

1. ask someone to blow into the interlock device or start a motor vehicle equipped with such a device in order to provide the subject of the order with an operable vehicle or

2. operate any vehicle not equipped with a functioning interlock device or any vehicle the court has ordered the person not to operate.

The act also makes it a class C misdemeanor for anyone to tamper with, alter, or bypass an ignition interlock or immobilization device for the purpose of providing someone subject to an order with an operable vehicle.

These crimes potentially apply to someone subject to a post-arrest order. They do not apply to a person sentenced for a second DWI conviction.

In addition to the criminal penalties, the act requires the court to report anyone convicted of these offenses to the DMV commissioner, who must suspend the person's operator's license for one year.

Post-Accident Alcohol Testing

The act also requires, rather than allows, a blood or breath test to be conducted on a driver who survives an accident resulting in death or serious injury if the police have probable cause to believe the person was driving under the influence of alcohol or drugs. (The law already requires a blood test of anyone killed in a vehicle accident. ) The act requires that tests for fatally injured drivers or pedestrians and surviving operators, to the extent that the act authorizes testing, be capable of showing the presence of any drug as well as alcohol.

Mandatory Treatment

The act requires someone convicted of DWI for the first time, rather than only for a second or subsequent conviction, to satisfactorily complete a DMV-approved mandatory treatment program before his driver’s license can be reinstated. The program must include an assessment of the degree of alcohol abuse and treatment.

These changes are effective on October 1, 2003.

MOTORCYCLE LICENSE ENDORSEMENTS (PA 03-171)

The act eliminates the separate license for operating a motorcycle and replaces it with a motorcycle endorsement on a regular driver’s license. Previously, the law required anyone operating a motorcycle on a pubic road to get a DMV motorcycle operator’s license. The act eliminates the separate motorcycle license. Instead, it requires anyone seeking authorization to operate a motorcycle to get an “M” endorsement on his class 1 or 2 driver’s license. (Class 1 and 2 licenses are “regular” licenses that do not authorize operation of a commercial motor vehicle. ) In practice, the DMV has apparently already begun issuing the M endorsement to anyone who already holds a driver’s license.

MISCELLANEOUS MOTOR VEHICLE LAW CHANGES

Suspension of Drivers’ Licenses (PA 03-233, as amended by PA 03-278)

By law, the motor vehicle commissioner must suspend the driver’s license of anyone convicted of driving with a suspended license for at least one year for a first violation and at least five years for a subsequent violation. This act eliminates this penalty if the reason for suspension was the driver’s failure to appear at a scheduled court hearing for a motor vehicle violation. (PA 03-278 expands this to include license suspension for failure to mail in an infraction fine or send in a not guilty plea. )

The violators are still subject to a fine of between $ 150 and $ 200, imprisonment for up to 90 days, or both for a first offense, and a fine of between $ 200 and $ 600, imprisonment for up to one year, or both for a subsequent offense.

The act prohibits the court from accepting a guilty or no contest plea for certain motor vehicle violations, unless it advises the defendant that a conviction will result in the commissioner suspending his driver’s license.

The act requires courts to advise defendants that their licenses will be suspended if they are convicted of any of the following violations:

1. failing to comply with the commissioner's order to produce books, papers, and documents; refusing to answer any pertinent questions the commissioner asks; or swearing falsely about any matter where the motor vehicle laws require an oath or affirmation;

2. lending or selling a driver's license or any registration certificate or license plates issued by the commissioner for use on a car;

3. using a motor vehicle registration or driver's license other than the one issued by the commissioner or using a registration on any vehicle other than the one for which it was issued;

4. operating a motor vehicle while its registration or the operator's license has been suspended or revoked;

5. evading responsibility following an accident;

6. reckless driving;

7. using a motor vehicle without the owner's permission; or

8. interfering or tampering with a motor vehicle.

By law, courts must send a report to the motor vehicle commissioner whenever someone willfully fails to appear for any scheduled court appearance for a motor vehicle violation. The law does not require the commissioner to suspend the licenses of people who are the subject of such a report, but he routinely does so under CGS § 14-111, which appears to give him the authority to suspend a license for any cause he deems sufficient.

Suspension under this provision appears to be for an indefinite period. Under current practice, the commissioner rescinds the suspension when the driver provides satisfactory evidence that he has appeared in court and resolved the matter. Also under current practice, before the suspension goes into effect, the commissioner gives the driver notice that he has four weeks to appear in court and reopen the matter, and provide evidence to him that he has done so.

The changes are effective on October 1, 2003.

Theft of Motor Vehicle Fuel (PA 03-201)

This act specifies that motor fuel theft can be punished as larceny. A person commits this crime if, with intent to appropriate fuel to himself or another, he delivers it, or causes delivery of it, into a vehicle’s tank, a portable container, or both on a retailer’s premises and leaves the premises without paying for it.

A retailer is anyone operating a service station, filling station, store, garage, or other business for selling motor fuel for delivery into the tank of a vehicle propelled by an internal combustion engine. Motor fuel is any product commonly or commercially known as gasoline or any liquid used as fuel in internal combustion engines, including gasohol but not aviation fuel and liquefied petroleum gases.

The punishment for larceny depends on the value of the property taken.

The changes are effective on October 1, 2003.

Youth In Crisis (PA 03-257, § 5)

A provision of this act, which makes various changes to the state’s “Youth in Crisis” law authorizes courts to direct the motor vehicle commissioner to suspend the drivers’ licenses of children who fall into this category for up to one year. Previously, the court could order them not to drive a motor vehicle, but couldn’t restrict their licenses. Youth in Crisis are 16- and 17-year olds who (1) run away from home or some other residence without cause; (2) are beyond their parent’s, guardian’s, or other custodian’s control; or (3) are habitual truants.

The provision is effective on October 1, 2003.

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