Connecticut Seal

Substitute House Bill No. 5474

Public Act No. 04-182

AN ACT CONCERNING REVISIONS TO CERTAIN DEPARTMENT OF MOTOR VEHICLE STATUTES.

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

Section 1. Subsection (c) of section 14-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(c) If the owner of a registered motor vehicle dies, the registration for the vehicle shall, unless the vehicle is destroyed, continue in force as a valid registration until the end of the registration period unless: (1) Ownership of the vehicle is transferred pursuant to subsection (b) of this section or by the deceased owner's executor, administrator, legatee or distributee prior to the end of the registration period, in which case the registration shall continue in force until the time of the transfer; or (2) ownership of the vehicle is transferred to the brother, sister, father, mother, child or spouse of the owner, in which case the registration shall, upon the payment of a fee of [five] twenty dollars, continue in force until the end of the registration period or until the ownership is sooner transferred to a person other than such a relative. [On and after July 1, 1986, the fee shall be ten dollars, on and after July 1, 1988, eleven dollars, and on and after July 1, 1992, twelve dollars. ] If at the end of the registration period the relative has not transferred ownership of the vehicle and the relative applies for registration of the vehicle, the registration shall not be subject to the provisions of subsection (a) of section 12-71b.

Sec. 2. Subsection (d) of section 14-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(d) If a motor vehicle is transferred in connection with the organization, reorganization or dissolution, or because of the partial liquidation, of an incorporated or unincorporated business in which gain or loss to the transferor is not recognized for federal income tax purposes under the Internal Revenue Code and Treasury regulations and rulings issued thereunder, the registration of the vehicle shall, upon the payment of a fee of [five] twenty dollars, continue in force until the end of the registration period or until the registration is sooner transferred to anyone outside the original business organization. [On and after July 1, 1986, the fee shall be ten dollars, on and after July 1, 1988, eleven dollars, and on and after July 1, 1992, twelve dollars. ] If the transferee of the motor vehicle has not transferred ownership of the motor vehicle to anyone outside the original business organization at the end of the registration period and the transferee applies for a registration for the vehicle, the registration shall not be subject to the provisions of subsection (a) of section 12-71b.

Sec. 3. Subsection (e) of section 14-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(e) A person who transfers ownership of a registered motor vehicle to another may have registered in his name, upon the filing of a new application and the payment of the fee required by subsection (i) of section 14-49, as amended by this act, another motor vehicle for the remainder of the registration period if the gross weight of the other motor vehicle is the same or less than that of the transferred motor vehicle and the registration of the transferred motor vehicle has been surrendered. If the gross weight of the other motor vehicle is greater than the gross weight of the motor vehicle the registration of which has been surrendered, the applicant shall pay, in addition to such fee, the difference between the fee paid by him for the surrendered registration and the fee for the registration of the motor vehicle of greater gross weight. The minimum fee for any such transfer shall be [five] twenty dollars. [On and after July 1, 1985, the minimum fee shall be seven dollars and fifty cents, on and after July 1, 1986, ten dollars, on and after July 1, 1988, eleven dollars, and on and after July 1, 1992, twelve dollars. ]

Sec. 4. Subsection (i) of section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(i) For the transfer of the registration of a motor vehicle previously registered, except as provided in subsection (e) of section 14-16, as amended by this act, and subsection (d) of section 14-253a, there shall be charged a fee of [eleven] twenty dollars.

Sec. 5. Subsection (n) of section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(n) For each temporary registration [for a period of ten days or less, (1) when the motor vehicle is a passenger or dealer's car or motorcycle or side car, the fee shall be six dollars, and on and after July 1, 1992, seven dollars; (2) when the motor vehicle is used to transport passengers for hire, the fee shall be five dollars per day, and on and after July 1, 1992, six dollars; (3) when the motor vehicle is used for commercial purposes and under three tons capacity, the fee shall be twenty-two dollars, and on and after July 1, 1992, twenty-five dollars; and (4) when the capacity is over three tons, the fee shall be forty dollars, and on and after July 1, 1992, forty-six dollars] of a motor vehicle not used for commercial purposes, or renewal of such registration, the commissioner shall charge a fee computed at the rate of twenty dollars for each ten day period, or part thereof. For each temporary registration of a motor vehicle used for commercial purposes, or renewal of such registration, the commissioner shall charge a fee computed at the rate of twenty-five dollars for each ten-day period, or part thereof, if the motor vehicle has a gross vehicle weight rating of six thousand pounds or less. For each temporary registration of a motor vehicle used for commercial purposes, or renewal of such registration, the commissioner shall charge a fee computed at the rate of forty-six dollars for each ten-day period, or part thereof, if the motor vehicle has a gross vehicle weight rating of more than six thousand pounds.

Sec. 6. Subsection (z) of section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(z) For each special use registration for a period of thirty days or less, the fee shall be [ten] twenty dollars.

Sec. 7. Subsection (f) of section 14-50 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(f) Whenever any check issued to the commissioner in payment of any fee is returned as uncollectible, the commissioner shall charge the drawer of such check or the person presenting such check to him a fee of [fifteen] thirty-five dollars for each such check which is drawn in an amount of not more than [one] two hundred dollars, and a fee of fifteen per cent of the full amount of each such check which is drawn in an amount in excess of [one] two hundred dollars, [but not more than two hundred dollars and thirty-five dollars for each such check which is drawn in an amount in excess of two hundred dollars,] plus all protest fees, to cover the cost of collection.

Sec. 8. Subsection (a) of section 14-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) No person, firm or corporation shall engage in the business of selling motor vehicles at auction unless such person, firm or corporation is licensed as a new or used car dealer and has obtained an auction permit from the commissioner. Such auction permit may be issued at the discretion of the commissioner. The fee for such auction permit shall be [thirteen] twenty dollars.

Sec. 9. Section 14-69 of the general statutes, as amended by section 10 of public act 03-265, is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

No person shall engage in the business of conducting a drivers' school without being licensed therefor by the commissioner. Application therefor shall be in writing and shall contain such information as the commissioner requires. Each applicant shall be fingerprinted before such application is approved. If the application is approved, the applicant shall be granted a license upon the payment of a fee of one hundred dollars and a deposit with the commissioner of cash or a bond of a surety company authorized to do business in this state, conditioned on the faithful performance by the applicant of any contract to furnish instruction, in either case in such amount as the commissioner may require, such cash or bond to be held by the commissioner to satisfy any execution issued against such school in a cause arising out of failure of such school to perform such contract. The license fee shall be three hundred fifty dollars. For each additional place of business of such school, the commissioner shall charge a fee of eighty-eight dollars. No license shall be required in the case of any board of education, or any public, private or parochial school, which conducts a course in driver education established in accordance with sections 14-36e and 14-36f. A license so issued shall be valid during the calendar year. The annual fee for renewal shall be the same amount and the same deposit of security shall be required. The commissioner shall issue a license certificate or certificates to each licensee, one of which shall be displayed in each place of business of the licensee. In case of the loss, mutilation or destruction of a certificate, the commissioner shall issue a duplicate upon proof of the facts and the payment of a fee of [two] twenty dollars. [Such fee shall be seven dollars. ]

Sec. 10. Subsection (f) of section 14-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(f) The fee for an instructor's license, or for any renewal thereof, shall be [three] fifty dollars. [On and after July 1, 1985, such fee shall be four dollars and fifty cents, on and after July 1, 1989, six dollars and seventy-five cents, on and after July 1, 1991, eight dollars and fifty cents, and on and after July 1, 1993, ten dollars and seventy-five cents. ]

Sec. 11. Subsection (c) of section 14-96q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(c) Flashing lights are prohibited on motor vehicles other than school buses, except (1) as a means for indicating a right or left turn, (2) flashing blue lights used by members of volunteer or civil preparedness fire companies, as provided by subsection (b) of section 14-96p, (3) on certain emergency and maintenance vehicles by written permit from the commissioner, (4) flashing or revolving yellow lights on (A) wreckers registered pursuant to section 14-66, as amended, or (B) vehicles of carriers in rural mail-delivery service or vehicles transporting or escorting any vehicle or load or combinations of vehicles or vehicles and load which is or are either oversize or overweight, or both, and operated or traveling under a permit issued by the Commissioner of Transportation pursuant to section 14-270, (5) flashing red lights (A) on a motor vehicle accommodating fifteen or fewer handicapped students used only during the time such vehicle is stopped for the purpose of receiving or discharging such handicapped students, (B) used by members of the fire police on a stationary vehicle as a warning signal during traffic directing operations at the scene of a fire, (C) on rescue vehicles, (D) used by chief executive officers of emergency medical service organizations as provided in subsection (a) of section 14-96p, (E) ambulances, as defined in section 19a-175, or (F) used by local fire marshals or directors of emergency management, (6) flashing green lights used by members of volunteer ambulance associations or companies as provided in subsection (c) of section 14-96p, or (7) flashing white lights or flashing lights of other colors specified by federal requirements for the manufacture of an ambulance used in conjunction with flashing red lights or flashing head lamps and a flashing amber light on an ambulance responding to an emergency call. The prohibitions in this section shall not prevent the operator of a motor vehicle who while traveling on a limited access divided highway, because of the grade, is unable to maintain the minimum speed of forty miles per hour, or who while traveling on any other highway is operating such motor vehicle at such slow speed as to obstruct or endanger following traffic, or the operator of a disabled vehicle stopped on a hazardous location on the highway, or in close proximity thereto, from flashing lights, installed on the vehicle primarily for other purposes, in any manner that the operator selects so as to indicate that such vehicle is traveling slowly, obstructing traffic or is disabled and is a hazard to be avoided. The commissioner is authorized, at such commissioner's discretion, to issue special permits for the use of flashing or revolving lights on emergency vehicles, on escort vehicles and on maintenance vehicles, provided any person, firm or corporation other than the state or any metropolitan district, town, city or borough shall pay an annual permit fee of two dollars for each such vehicle, provided vehicles not registered in this state used for transporting or escorting any vehicle or load or combinations of vehicles or vehicles and load which is or are either oversize or overweight, or both, when operating under a permit issued by the Commissioner of Transportation pursuant to section 14-270, shall not require such permit. [On and after July 1, 1985, such annual permit fee shall be three dollars, on and after July 1, 1989, four dollars and fifty cents, on and after July 1, 1991, five dollars and seventy-five cents and on and after July 1, 1993, seven dollars. ] Such annual permit fee shall be twenty dollars.

Sec. 12. Subsection (a) of section 14-192 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) The commissioner shall be paid the following fees: (1) For filing an application for a certificate of title, twenty-five dollars; (2) for each security interest noted upon a certificate of title or maintained in the electronic title file pursuant to subsection (b) of section 14-175, ten dollars; (3) for each record copy search, [seven] twenty dollars; (4) for each assignment of a security interest noted upon a certificate of title or maintained in the electronic title file, [three dollars and fifty cents] ten dollars; (5) for an application for a duplicate certificate of title, twenty-five dollars, provided such fee shall not be required for any such duplicate certificate of title (A) which is requested on a form prepared and signed by the assessor in any town for purposes of such proof of ownership of a motor vehicle as may be required in accordance with section 12-71b, or (B) in connection with an application submitted by a licensed dealer in accordance with the provisions of subsection (c) of section 14-12 or section 14-61; (6) for an ordinary certificate of title issued upon surrender of a distinctive certificate, [three dollars and fifty cents] ten dollars; (7) for filing a notice of security interest, [three dollars and fifty cents] ten dollars; (8) for a certificate of search of the records of the Department of Motor Vehicles, for each name or identification number searched against, [seventeen dollars and fifty cents] twenty dollars; (9) for filing an assignment of security interest, [three dollars and fifty cents] ten dollars; (10) for search of a motor vehicle certificate of title record, requested by a person other than the owner of such motor vehicle, [ten] twenty dollars; and (11) for a bond filing under section 14-176, twenty-five dollars.

Sec. 13. Subsection (c) of section 52-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(c) Process in such a civil action against a nonresident shall be served by the officer to whom the process is directed upon the Commissioner of Motor Vehicles by leaving with or at the office of the commissioner, at least twelve days before the return day of the process, a true and attested copy thereof, and by sending to the defendant or his administrator, executor or other legal representative, by registered or certified mail, postage prepaid, a like true and attested copy, with an endorsement thereon of the service upon the commissioner, addressed to the defendant or representative at his last-known address. The officer serving the process upon the Commissioner of Motor Vehicles shall leave with the commissioner, at the time of service, a fee of [five] twenty dollars, which fee shall be taxed in favor of the plaintiff in his costs if he prevails in the action. The Commissioner of Motor Vehicles shall keep a record of each such process and the day and hour of service.

Sec. 14. Subsection (f) of section 52-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(f) The officer serving such process upon the Commissioner of Motor Vehicles shall leave with the commissioner, at the time of service, a fee of [five] twenty dollars, which fee shall be taxed in favor of the plaintiff in his costs if he prevails in the action. The Commissioner of Motor Vehicles shall keep a record of each such process and the day and hour of service.

Sec. 15. Subsection (n) of section 14-164c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

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

Sec. 16. Subdivision (3) of section 14 of public act 03-4 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(3) "Incremental revenues" means revenues which are attributable to increases in taxes or fees provided for in sections 1-1h, as amended, 14-16, as amended by this act, 14-35, as amended, 14-41, as amended, 14-41a, as amended, 14-44i, as amended, 14-47, as amended, 14-48b, as amended, 14-49, as amended by this act, 14-50, as amended by this act, 14-50b, as amended by this act, 14-65, as amended by this act, 14-66, as amended, 14-67, as amended, 14-69, as amended by this act, 14-73, as amended by this act, 14-96q, as amended by this act, 14-192, as amended by this act, [and] 14-381, as amended, 52-62, as amended by this act, and 52-63, as amended by this act, and revenues specified in sections 113 and 114 of public act 03-1 of the June 30 special session to support the funding of the projects and purposes described in section 3 of [this act] public act 03-4 of the June 30 special session.

Sec. 17. Subdivision (16) of subsection (b) of section 13b-61 of the general statutes, as amended by section 20 of public act 03-4 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective from passage):

(16) On and after July 1, 2003, and up to and including June 30, 2036, all moneys received or collected by the state or any officer thereof on account of, or derived from, the incremental revenues generated pursuant to sections 1-1h, as amended, 14-16, as amended by this act, 14-35, as amended, 14-41, as amended, 14-41a, as amended, 14-44i, as amended, 14-47, as amended, 14-48b, as amended, 14-49, as amended by this act, 14-50, as amended by this act, 14-50b, as amended by this act, 14-65, as amended by this act, 14-66, as amended, 14-67, as amended, 14-69, as amended by this act, 14-73, as amended by this act, 14-96q, as amended by this act, 14-192, as amended by this act, [and] 14-381, as amended, 52-62, as amended by this act, and 52-63, as amended by this act, and revenues specified in sections 113 and 114 of public act 03-1 of the June 30 special session shall be deposited into the Transportation Strategy Board projects account, established under section 113 of public act 03-1 of the June 30 special session, of the Infrastructure Improvement Fund and shall be used to support the funding of the projects and purposes described in section 3 of [this act] public act 03-4 of the June 30 special session.

Approved June 1, 2004