Connecticut Seal

Substitute Senate Bill No. 28

Public Act No. 04-217

AN ACT CONCERNING COMPLIANCE WITH THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT.

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

Section 1. Subsection (a) of section 14-1 of the general statutes, as amended by section 5 of public act 03-265, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) Terms used in this chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the General Assembly:

(1) "Activity vehicle" means a student transportation vehicle that is used to transport students in connection with school sponsored events and activities, but is not used to transport students to and from school;

[(1)] (2) "Agricultural tractor" means a tractor or other form of nonmuscular motive power used for transporting, hauling, plowing, cultivating, planting, harvesting, reaping or other agricultural purposes on any farm or other private property, or used for the purpose of transporting, from one farm to another, agricultural implements and farm products, provided the agricultural tractor is not used on any highway for transporting a pay load or for some other commercial purpose;

[(2)] (3) "Antique, rare or special interest motor vehicle" means a motor vehicle twenty-five years old or older which is being preserved because of historic interest and which is not altered or modified from the original manufacturer's specifications;

[(3)] (4) "Apparent candle power" means an illumination equal to the normal illumination in foot candles produced by any lamp or lamps, divided by the square of the distance in feet between the lamp or lamps and the point at which the measurement is made;

[(4)] (5) "Authorized emergency vehicle" means (A) a fire department vehicle, (B) a police vehicle, or (C) a public service company or municipal department ambulance or emergency vehicle designated or authorized for use as an authorized emergency vehicle by the commissioner;

[(5)] (6) "Auxiliary driving lamp" means an additional lighting device on a motor vehicle used primarily to supplement the general illumination in front of a motor vehicle provided by the motor vehicle's head lamps;

[(6)] (7) "Bulb" means a light source consisting of a glass bulb containing a filament or substance capable of being electrically maintained at incandescence;

[(7)] (8) "Camp trailer" includes any trailer designed and used exclusively for camping or recreational purposes;

[(8)] (9) "Camper" means any motor vehicle designed or permanently altered in such a way as to provide temporary living quarters for travel, camping or recreational purposes;

[(9)] (10) "Combination registration" means the type of registration issued to a motor vehicle used for both private passenger and commercial purposes if such vehicle does not have a gross vehicle weight rating in excess of ten thousand pounds;

[(10)] (11) "Commercial driver's license" or "CDL" means a license issued to an individual in accordance with the provisions of sections 14-44a to 14-44m, inclusive, which authorizes such individual to drive a commercial motor vehicle;

(12) "Commercial driver's license information system" or "CDLIS" means the national database of holders of commercial driver's licenses established by the Federal Motor Carrier Safety Administration pursuant to section 12007 of the Commercial Motor Vehicle Safety Act of 1986;

[(11)] (13) "Commercial motor vehicle" means a vehicle designed or used to transport passengers or property, except a vehicle used within one hundred fifty miles of a farm in connection with the operation of such farm, fire fighting apparatus or other authorized emergency vehicles, or a recreational vehicle in private use, which (A) has a gross vehicle weight rating of twenty-six thousand and one pounds or more; (B) is designed to transport sixteen or more passengers, including the driver, or is designed to transport more than ten passengers, including the driver, and is used to transport students under the age of twenty-one years to and from school; or (C) is transporting hazardous materials and is required to be placarded in accordance with [the Code of Federal Regulations Title 49, Part] 49 CFR 172, Subpart F, as amended;

[(12)] (14) "Commercial registration" means the type of registration required for any motor vehicle designed or used to transport merchandise, freight or persons in connection with any business enterprise, unless a more specific type of registration is authorized and issued by the commissioner for such class of vehicle;

[(13)] (15) "Commercial trailer" means a trailer used in the conduct of a business to transport freight, materials or equipment whether or not permanently affixed to the bed of the trailer;

[(14)] (16) "Commissioner" includes the Commissioner of Motor Vehicles and any assistant to the Commissioner of Motor Vehicles who is designated and authorized by, and who is acting for, the Commissioner of Motor Vehicles under a designation; except that the deputy commissioners of motor vehicles and the Attorney General are deemed, unless the Commissioner of Motor Vehicles otherwise provides, to be designated and authorized by, and acting for, the Commissioner of Motor Vehicles under a designation;

[(15)] (17) "Controlled substance" has the same meaning as in section 21a-240, as amended, and the federal laws and regulations incorporated in chapter 420b;

[(16)] (18) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated;

[(17)] (19) "Dealer" includes any person actively engaged in buying, selling or exchanging motor vehicles or trailers who has an established place of business in this state and who may, incidental to such business, repair motor vehicles or trailers, or cause them to be repaired by persons in his or her employ;

[(18)] (20) "Disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle, which occurs as a result of (A) any suspension, [or] revocation, or cancellation by the commissioner of the privilege to operate a motor vehicle; (B) a determination by the Federal Highway Administration, under the rules of practice for motor carrier safety contained in [the Code of Federal Regulations Title 49, Part] 49 CFR 386, as amended, that a person is no longer qualified to operate a commercial motor vehicle under the standards of [the Code of Federal Regulations Title 49, Part] 49 CFR 391, as amended; or (C) the loss of qualification which [automatically] follows any of the convictions or administrative actions specified in section 14-44k, as amended by this act;

[(19)] (21) "Drive" means to drive, operate or be in physical control of a motor vehicle, including a motor vehicle being towed by another;

[(20)] (22) "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver's license;

[(21)] (23) "Driver's license" or "operator's license" means a valid Connecticut motor vehicle operator's license or a license issued by another state or foreign jurisdiction authorizing the holder thereof to operate a motor vehicle on the highways;

[(22)] (24) "Employee" means any operator of a commercial motor vehicle, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, drivers under contract and independent, owner-operator contractors, who, while in the course of operating a commercial motor vehicle, are either directly employed by, or are under contract to, an employer;

[(23)] (25) "Employer" means any person, including the United States, a state or any political subdivision thereof, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;

[(24)] (26) "Farm implement" means a vehicle designed and adapted exclusively for agricultural, horticultural or livestock-raising operations and which is not operated on a highway for transporting a pay load or for any other commercial purpose;

[(25)] (27) "Felony" means any offense as defined in section 53a-25 and includes any offense designated as a felony under federal law;

(28) "Fatality" means the death of a person as a result of a motor vehicle accident;

[(26)] (29) "Foreign jurisdiction" means any jurisdiction other than a state of the United States;

[(27)] (30) "Fuels" means (A) all products commonly or commercially known or sold as gasoline, including casinghead and absorption or natural gasoline, regardless of their classification or uses, (B) any liquid prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene and similar petroleum products by "American Society for Testing Materials Method D-86", shows not less than ten per cent distilled (recovered) below 347 Fahrenheit (175 Centigrade) and not less than ninety-five per cent distilled (recovered) below 464 Fahrenheit (240 Centigrade); provided the term "fuels" shall not include commercial solvents or naphthas which distill, by "American Society for Testing Materials Method D-86", not more than nine per cent at 176 Fahrenheit and which have a distillation range of 150 Fahrenheit, or less, or liquefied gases which would not exist as liquids at a temperature of 60 Fahrenheit and a pressure of 14. 7 pounds per square inch absolute, and (C) any liquid commonly referred to as "gasohol" which is prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, consisting of a blend of gasoline and a minimum of ten per cent by volume of ethyl or methyl alcohol;

[(28)] (31) "Garage" includes every place of business where motor vehicles are, for compensation, received for housing, storage or repair;

[(29)] (32) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle, or its registered gross weight, whichever is greater. The GVWR of a combination (articulated) vehicle commonly referred to as the "gross combination weight rating" or GCWR is the GVWR of the power unit plus the GVWR of the towed unit or units;

[(30)] (33) "Gross weight" means the light weight of a vehicle plus the weight of any load on the vehicle, provided, in the case of a tractor-trailer unit, "gross weight" means the light weight of the tractor plus the light weight of the trailer or semitrailer plus the weight of the load on the vehicle;

[(31)] (34) "Hazardous materials" has the same meaning as in Section 103 of the Hazardous Materials Transportation Act, [Section 1801 et seq. , Title 49, United States Code] 49 USC 1801 et seq.;

[(32)] (35) "Head lamp" means a lighting device affixed to the front of a motor vehicle projecting a high intensity beam which lights the road in front of the vehicle so that it can proceed safely during the hours of darkness;

[(33)] (36) "High-mileage vehicle" means a motor vehicle having the following characteristics: (A) Not less than three wheels in contact with the ground; (B) a completely enclosed seat on which the driver sits; (C) a single or two cylinder, gasoline or diesel engine or an electric-powered engine; and (D) efficient fuel consumption;

[(34)] (37) "Highway" includes any state or other public highway, road, street, avenue, alley, driveway, parkway or place, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use;

(38) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment;

[(35)] (39) "Intersecting highway" includes any public highway which joins another at an angle whether or not it crosses the other;

[(36)] (40) "Light weight" means the weight of an unloaded motor vehicle as ordinarily equipped and ready for use, exclusive of the weight of the operator of the motor vehicle;

[(37)] (41) "Limited access highway" means a state highway so designated under the provisions of section 13b-27;

[(38)] (42) "Local authorities" includes the board of aldermen, common council, chief of police, warden and burgesses, board of selectmen or other officials having authority for the enactment or enforcement of traffic regulations within their respective towns, cities or boroughs;

[(39)] (43) "Maintenance vehicle" means any vehicle in use by the state or by any town, city, borough or district, any state bridge or parkway authority or any public service company, as defined in section 16-1, as amended, in the maintenance of public highways or bridges and facilities located within the limits of public highways or bridges;

[(40)] (44) "Manufacturer" means (A) a person, whether a resident or nonresident, engaged in the business of constructing or assembling new motor vehicles of a type required to be registered by the commissioner, for operation upon any highway, which are offered for sale in this state, or (B) a person who distributes new motor vehicles to new car dealers licensed in this state;

[(41)] (45) "Median divider" means an intervening space or physical barrier or clearly indicated dividing section separating traffic lanes provided for vehicles proceeding in opposite directions;

[(42)] (46) "Minibike" or "minicycle" means any two or three wheel motorcycle having one or more of the following characteristics: (A) Ten inches (254 mm) or less nominal wheel rim diameter; (B) forty inches or less wheel base; (C) twenty-five inches or less seat height measured at the lowest point on the top of the seat cushion without rider; (D) a propelling engine having a piston displacement of 50 c. c. or less;

[(43)] (47) "Modified antique motor vehicle" means a motor vehicle twenty-five years old or older which has been modified for safe road use, including but not limited to, modifications to the drive train, suspension, braking system and safety or comfort apparatus;

[(44)] (48) "Motor bus" includes any motor vehicle, except a taxicab, as defined in section 13b-95, as amended, operated in whole or in part on any street or highway in a manner affording a means of transportation by indiscriminately receiving or discharging passengers, or running on a regular route or over any portion of a regular route or between fixed termini;

[(45)] (49) "Motor home" means a vehicular unit designed to provide living quarters and necessary amenities which are built into an integral part of, or permanently attached to, a truck or van chassis;

[(46)] (50) "Motorcycle" means a motor vehicle, with or without a side car, having not more than three wheels in contact with the ground and a saddle or seat on which the rider sits or a platform on which the rider stands and includes bicycles having a motor attached, except bicycles propelled by means of a helper motor as defined in section 14-286, as amended, but does not include a vehicle having or designed to have a completely enclosed driver's seat and a motor which is not in the enclosed area;

[(47)] (51) "Motor vehicle" means any vehicle propelled or drawn by any nonmuscular power, except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated wheel chairs when operated by physically handicapped persons at speeds not exceeding fifteen miles per hour, golf carts operated on highways solely for the purpose of crossing from one part of the golf course to another, golf cart type vehicles operated on roads or highways on the grounds of state institutions by state employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, bicycles with helper motors as defined in section 14-286, as amended, special mobile equipment as defined in subsection (i) of section 14-165 and any other vehicle not suitable for operation on a highway;

(52) "National Driver Registry" or "NDR" means the licensing information system and database operated by the National Highway Traffic Safety Administration and established pursuant to the National Driver Registry Act of 1982, as amended;

[(48)] (53) "New motor vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred by a manufacturer, distributor or dealer to an ultimate consumer;

[(49)] (54) "Nonresident" means any person whose legal residence is in a state other than Connecticut or in a foreign country;

[(50)] (55) "Nonresident commercial driver's license" or "nonresident CDL" means a commercial driver's license issued by a state to an individual who resides in a foreign jurisdiction;

[(51)] (56) "Nonskid device" means any device applied to the tires, wheels, axles or frame of a motor vehicle for the purpose of increasing the traction of the motor vehicle;

[(52)] (57) "Number plate" means any sign or marker furnished by the commissioner on which is displayed the registration number assigned to a motor vehicle by the commissioner;

[(53)] (58) "Officer" includes any constable, state marshal, inspector of motor vehicles, state policeman or other official authorized to make arrests or to serve process, provided the officer is in uniform or displays the officer's badge of office in a conspicuous place when making an arrest;

[(54)] (59) "Operator" means any person who operates a motor vehicle or who steers or directs the course of a motor vehicle being towed by another motor vehicle and includes a driver as defined in subdivision [(20)] (22) of this section;

[(55)] (60) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle or any other vehicle subject to the federal motor carrier safety regulations enforced by the commissioner pursuant to the commissioner's authority under section 14-8;

[(56)] (61) "Owner" means any person holding title to a motor vehicle, or having the legal right to register the same, including purchasers under conditional bills of sale;

[(57)] (62) "Parked vehicle" means a motor vehicle in a stationary position within the limits of a public highway;

[(58)] (63) "Passenger and commercial motor vehicle" means a motor vehicle used for private passenger and commercial purposes which is eligible for combination registration;

[(59)] (64) "Passenger motor vehicle" means a motor vehicle used for the private transportation of persons and their personal belongings, designed to carry occupants in comfort and safety, with a capacity of carrying not more than ten passengers including the operator thereof;

[(60)] (65) "Passenger registration" means the type of registration issued to a passenger motor vehicle unless a more specific type of registration is authorized and issued by the commissioner for such class of vehicle;

[(61)] (66) "Person" includes any individual, corporation, limited liability company, association, copartnership, company, firm, business trust or other aggregation of individuals but does not include the state or any political subdivision thereof, unless the context clearly states or requires;

[(62)] (67) "Pneumatic tires" means tires inflated or inflatable with air;

[(63)] (68) "Pole trailer" means a trailer which is (A) intended for transporting long or irregularly shaped loads such as poles, logs, pipes or structural members, which loads are capable of sustaining themselves as beams between supporting connections, and (B) designed to be drawn by a motor vehicle and attached or secured directly to the motor vehicle by any means including a reach, pole or boom;

[(64)] (69) "Recreational vehicle" includes the camper, camp trailer and motor home classes of vehicles;

[(65)] (70) "Registration" includes the certificate of motor vehicle registration and the number plate or plates used in connection with such registration;

[(66)] (71) "Registration number" means the identifying number or letters, or both, assigned by the commissioner to a motor vehicle;

[(67)] (72) "Resident", for the purpose of registering motor vehicles, includes any person having a place of residence in this state, occupied by such person for more than six months in a year, or any person, firm or corporation owning or leasing a motor vehicle used or operated in intrastate business in this state, or a firm or corporation having its principal office or place of business in this state;

[(68)] (73) "School bus" means any school bus, as defined in section 14-275, including a commercial motor vehicle used to transport preschool, elementary school or secondary school students from home to school, from school to home, or to and from school-sponsored events, but does not include a bus used as a common carrier;

[(69)] (74) "Second" violation or "subsequent" violation means an offense committed not more than three years after the date of an arrest which resulted in a previous conviction for a violation of the same statutory provision, except in the case of a violation of section 14-215, as amended, or 14-224 or subsection (a) of section 14-227a, "second" violation or "subsequent" violation means an offense committed not more than ten years after the date of an arrest which resulted in a previous conviction for a violation of the same statutory provision;

[(70)] (75) "Semitrailer" means any trailer type vehicle designed and used in conjunction with a motor vehicle so that some part of its own weight and load rests on or is carried by another vehicle;

[(71)] (76) "Serious traffic violation" means a conviction [, when operating a commercial motor vehicle,] of any [violation (A)] of the following offenses: (A) Speeding in excess of fifteen miles per hour or more over the posted speed limit, in violation of section 14-218a or 14-219; [, if the speed was fifteen miles per hour or more over the posted speed limit,] (B) reckless driving in violation of section 14-222; [,] (C) following too closely in violation of section 14-240 or 14-240a; [,] (D) improper or erratic lane changes, in violation of section 14-236; [, or] (E) driving a commercial motor vehicle without a valid commercial driver's license in violation of section 14-36a, as amended by this act, or section 14-44a, as amended by this act; (F) failure to carry a commercial driver's license in violation of section 14-44a, as amended by this act; (G) failure to have the proper class of license or endorsement, or violation of a license restriction in violation of section 14-44a, as amended by this act; or (H) arising in connection with an accident related to the operation of a commercial motor vehicle and which resulted in [the death of any person] a fatality;

[(72)] (77) "Service bus" includes any vehicle except a vanpool vehicle or a school bus designed and regularly used to carry ten or more passengers when used in private service for the transportation of persons without charge to the individual;

[(73)] (78) "Service car" means any motor vehicle used by a manufacturer, dealer or repairer for emergency motor vehicle repairs on the highways of this state, for towing or for the transportation of necessary persons, tools and materials to and from the scene of such emergency repairs or towing;

[(74)] (79) "Shoulder" means that portion of a highway immediately adjacent and contiguous to the travel lanes or main traveled portion of the roadway;

[(75)] (80) "Solid tires" means tires of rubber, or other elastic material approved by the Commissioner of Transportation, which do not depend on confined air for the support of the load;

[(76)] (81) "Spot lamp" or "spot light" means a lighting device projecting a high intensity beam, the direction of which can be readily controlled for special or emergency lighting as distinguished from ordinary road illumination;

[(77)] (82) "State" means any state of the United States and the District of Columbia unless the context indicates a more specific reference to the state of Connecticut;

[(78)] (83) "Stop" means complete cessation of movement;

[(79)] (84) "Tail lamp" means a lighting device affixed to the rear of a motor vehicle showing a red light to the rear and indicating the presence of the motor vehicle when viewed from behind;

[(80)] (85) "Tank vehicle" means any commercial motor vehicle designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or its chassis which shall include, but not be limited to, a cargo tank and portable tank, as defined in [the Code of Federal Regulations Title 49, Section] 49 CFR 383. 5, as amended, provided it shall not include a portable tank with a rated capacity not to exceed one thousand gallons;

[(81)] (86) "Tractor" or "truck tractor" means a motor vehicle designed and used for drawing a semitrailer;

[(82)] (87) "Tractor-trailer unit" means a combination of a tractor and a trailer or a combination of a tractor and a semitrailer;

[(83)] (88) "Trailer" means any rubber-tired vehicle without motive power drawn or propelled by a motor vehicle;

[(84)] (89) "Truck" means a motor vehicle designed, used or maintained primarily for the transportation of property;

[(85)] (90) "Ultimate consumer" means, with respect to a motor vehicle, the first person, other than a dealer, who in good faith purchases the motor vehicle for purposes other than resale;

[(86)] (91) "United States" means the fifty states and the District of Columbia;

[(87)] (92) "Used motor vehicle" includes any motor vehicle which has been previously separately registered by an ultimate consumer;

[(88)] (93) "Utility trailer" means a trailer designed and used to transport personal property, materials or equipment, whether or not permanently affixed to the bed of the trailer, with a manufacturer's GVWR of ten thousand pounds or less;

[(89)] (94) "Vanpool vehicle" includes all motor vehicles, the primary purpose of which is the daily transportation, on a prearranged nonprofit basis, of individuals between home and work, and which: (A) If owned by or leased to a person, or to an employee of the person, or to an employee of a local, state or federal government unit or agency located in Connecticut, are manufactured and equipped in such manner as to provide a seating capacity of at least seven but not more than fifteen individuals, or (B) if owned by or leased to a regional ride-sharing organization in the state recognized by the Commissioner of Transportation, are manufactured and equipped in such manner as to provide a seating capacity of at least six but not more than nineteen individuals;

[(90)] (95) "Vehicle" includes any device suitable for the conveyance, drawing or other transportation of persons or property, whether operated on wheels, runners, a cushion of air or by any other means. The term does not include devices propelled or drawn by human power or devices used exclusively on tracks;

[(91)] (96) "Vehicle identification number" or "VIN" means a series of Arabic numbers and Roman letters that is assigned to each new motor vehicle that is manufactured within or imported into the United States, in accordance with the provisions of [the Code of Federal Regulations, Title 49, Part] 49 CFR 565, unless another sequence of numbers and letters has been assigned to a motor vehicle by the commissioner, in accordance with the provisions of section 14-149, as amended;

[(92)] (97) "Wrecker" means a vehicle which is registered, designed, equipped and used for the purposes of towing or transporting wrecked or disabled motor vehicles for compensation or for related purposes by a person, firm or corporation licensed in accordance with the provisions of subpart (D) of part III of this chapter.

Sec. 2. Section 14-36 of the general statutes, as amended by section 1 of public act 03-171, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) Except as otherwise provided by this section and section 14-40a, as amended, no person shall operate a motor vehicle on any public highway of this state or private road on which a speed limit has been established in accordance with subsection (a) of section 14-218a until such person has obtained a motor vehicle operator's license.

(b) (1) A person eighteen years of age or older may operate a motor vehicle without a motor vehicle operator's license if (A) such person has not had a Connecticut motor vehicle operator's license suspended or revoked, and (B) such person is under the instruction of, and accompanied by, a person who holds an instructor's license issued under the provisions of section 14-73 or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the instruction, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during the four-year period preceding the instruction. (2) A person holding a valid out-of-state motor vehicle operator's license may operate a motor vehicle for a period of thirty days following such person's establishment of residence in Connecticut, if the motor vehicle is of the same class as that for which his or her out-of-state motor vehicle operator's license was issued. (3) No person may cause or permit the operation of a motor vehicle by a person under sixteen years of age.

(c) (1) On or after January 1, 1997, a person who is sixteen or seventeen years of age and who has not had a motor vehicle operator's license or right to operate a motor vehicle in this state suspended or revoked may apply to the Commissioner of Motor Vehicles for a learner's permit. The commissioner may issue a learner's permit to an applicant after the applicant has passed a vision screening and test as to knowledge of the laws concerning motor vehicles and the rules of the road, has paid the fee required by subsection (v) of section 14-49, as amended, and has filed a certificate, in such form as the commissioner prescribes, requesting or consenting to the issuance of the learner's permit and the motor vehicle operator's license, signed by (A) one or both parents or foster parents of the applicant, as the commissioner requires, (B) the legal guardian of the applicant, (C) the applicant's spouse, if the spouse is eighteen years of age or older, or (D) if the applicant has no qualified spouse and such applicant's parent or foster parent or legal guardian is deceased, incapable, domiciled without the state or otherwise unavailable or unable to sign or file the certificate, the applicant's stepparent, or uncle or aunt by blood or marriage, provided such person is eighteen years of age or older. The commissioner may, for the more efficient administration of the commissioner's duties, appoint any drivers' school licensed in accordance with the provisions of section 14-69, as amended, or any secondary school providing instruction in motor vehicle operation and highway safety in accordance with section 14-36e to issue a learner's permit, subject to such standards and requirements as the commissioner may prescribe in regulations adopted in accordance with chapter 54. Each learner's permit shall expire on the date the holder of the permit is issued a motor vehicle operator's license or on the date the holder attains the age of eighteen years, whichever is earlier. (2) The learner's permit shall entitle the holder, while such holder has the permit in his or her immediate possession, to operate a motor vehicle on the public highways, provided such holder is under the instruction of, and accompanied by, a person who holds an instructor's license issued under the provisions of section 14-73 or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the instruction, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during the four-year period preceding the instruction. The holder of a learner's permit who (A) is an active member of a certified ambulance service, as defined in section 19a-175, (B) has commenced an emergency vehicle operator's course that conforms to the national standard curriculum developed by the United States Department of Transportation, and (C) has had state and national criminal history records checks conducted by the certified ambulance service or by the municipality in which such ambulance service is provided, shall be exempt from the provisions of this subdivision only when such holder is en route to or from the location of the ambulance for purposes of responding to an emergency call. (3) The commissioner may revoke any learner's permit used in violation of the limitations imposed by subdivision (2) of this subsection.

(d) (1) No motor vehicle operator's license shall be issued to any applicant who is sixteen or seventeen years of age unless the applicant has held a learner's permit and has satisfied the requirements specified in this subsection. The applicant shall (A) present to the commissioner a certificate of the successful completion in a public secondary school, a state vocational school or a private secondary school of a full course of study in motor vehicle operation prepared as provided in section 14-36e or of training of similar nature provided by a licensed drivers' school approved by the commissioner, including, in each case, successful completion of not less than eight clock hours of behind-the-wheel, on-the-road instruction; (B) present to the commissioner a certificate of the successful completion of a course of not less than eight hours relative to safe driving practices, including a minimum of four hours on the nature and the medical, biological and physiological effects of alcohol and drugs and their impact on the operator of a motor vehicle, the dangers associated with the operation of a motor vehicle after the consumption of alcohol or drugs by the operator, the problems of alcohol and drug abuse and the penalties for alcohol and drug-related motor vehicle violations; and (C) pass an examination which shall include a comprehensive test as to knowledge of the laws concerning motor vehicles and the rules of the road and an on-the-road skills test as prescribed by the commissioner. At the time of application and examination for a motor vehicle operator's license, an applicant sixteen or seventeen years of age shall have held a learner's permit for not less than one hundred eighty days, except that an applicant who presents a certificate under subparagraph (A) of this subdivision shall have held a learner's permit for not less than one hundred twenty days and an applicant who is undergoing training and instruction by the handicapped driver training unit in accordance with the provisions of section 14-11b shall have held such permit for the period of time required by said unit. The Commissioner of Motor Vehicles shall approve the content of the safe driving instruction at drivers' schools, high schools and other secondary schools. Such eight hours of instruction shall be included as part of or in addition to any existing instruction programs. Any fee charged for the course required under subparagraph (B) of this subdivision shall not exceed an amount prescribed by the commissioner by regulation, adopted in accordance with chapter 54. Any applicant sixteen or seventeen years of age who, while a resident of another state, completed the course required in subparagraph (A) of this subdivision, but did not complete the safe driving course required in subparagraph (B) of this subdivision, shall complete the safe driving course, and any fee charged for the course shall not exceed an amount prescribed by the commissioner by regulation, adopted in accordance with chapter 54. The commissioner may waive any requirement in this subdivision, except for that in subparagraph (C) of this subdivision, in the case of an applicant sixteen or seventeen years of age who holds a valid motor vehicle operator's license issued by any other state, provided the commissioner is satisfied that the applicant has received training and instruction of a similar nature. (2) The commissioner may accept as evidence of sufficient training under subparagraph (A) of subdivision (1) of this subsection home training as evidenced by a written statement signed by the spouse of a married minor applicant, or by a parent, grandparent, foster parent or the legal guardian of an applicant which states that the applicant has obtained a learner's permit and has successfully completed a driving course taught by the person signing the statement, that the signer has had an operator's license for at least four years preceding the date of the statement, and that the signer has not had such license suspended by the commissioner for at least four years preceding the date of the statement or, if the applicant has no spouse, parent, grandparent, foster parent or guardian so qualified and available to give the instruction, a statement signed by the applicant's stepparent, brother, sister, uncle or aunt, by blood or marriage, provided the person signing the statement is qualified. (3) If the commissioner requires a written test of any applicant under this section, the test shall be given in English or Spanish at the option of the applicant, provided the commissioner shall require that the applicant shall have sufficient understanding of English for the interpretation of traffic control signs. (4) The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, to implement the purposes of this subsection concerning the content of safe driving instruction at drivers' schools, high schools and other secondary schools.

(e) (1) No motor vehicle operator's license shall be issued until (A) the applicant signs and files with the commissioner an application under oath, except that renewals from the year immediately preceding need not be under oath, stating such information as the commissioner requires, and (B) the commissioner is satisfied that the applicant is sixteen years of age or older and is a suitable person to receive the license. (2) An applicant for a new motor vehicle operator's license shall, in the discretion of the commissioner, file, with the application, a copy of such applicant's birth certificate or other prima facie evidence of date of birth and evidence of identity. (3) Before granting a license to any applicant who has not previously held a Connecticut motor vehicle operator's license, or who has not operated a motor vehicle during the preceding two years, the commissioner shall require the applicant to demonstrate personally to the commissioner, a deputy or a motor vehicle inspector or an agent of the commissioner, in such manner as the commissioner directs, that the applicant is a proper person to operate motor vehicles of the class for which such applicant has applied, has sufficient knowledge of the mechanism of the motor vehicles to ensure their safe operation by him or her and has satisfactory knowledge of the laws concerning motor vehicles and the rules of the road. If any such applicant has held a license from a state, territory or possession of the United States where a similar examination is required, or if any such applicant is a person honorably separated from the United States armed forces who applies within two years following the separation and who, prior to the separation, held a military operator's license for motor vehicles of the same class as that for which such applicant has applied, the commissioner may waive part or all of the examination. When the commissioner is satisfied as to the ability and competency of any applicant, the commissioner may issue to such applicant a license, either unlimited or containing such limitations as the commissioner deems advisable, and specifying the class of motor vehicles which the licensee is eligible to operate. (4) If any applicant or operator license holder has any health problem which might affect such person's ability to operate a motor vehicle safely, the commissioner may require the applicant or license holder to demonstrate personally or otherwise establish that, notwithstanding such problem, such applicant or license holder is a proper person to operate a motor vehicle, and the commissioner may further require a certificate of such applicant's condition, signed by a medical authority designated by the commissioner, which certificate shall in all cases be treated as confidential by the commissioner. A license, containing such limitation as the commissioner deems advisable, may be issued or renewed in any case, but nothing in this section shall be construed to prevent the commissioner from refusing a license, either limited or unlimited, to any person or suspending a license of a person whom the commissioner determines to be incapable of safely operating a motor vehicle. Consistent with budgetary allotments, each motor vehicle operator's license issued to or renewed by a deaf or hearing impaired person shall, upon the request of such person, indicate such impairment. Such person shall submit a certificate stating such impairment, in such form as the commissioner may require and signed by a licensed health care practitioner. (5) The issuance of a motor vehicle operator's license to any applicant who is the holder of a license issued by another state shall be subject to the provisions of sections 14-111c and 14-111k, as amended by this act.

(f) No person issued a limited license shall operate (1) a motor vehicle in violation of the limitations imposed by such license, or (2) any motor vehicle other than the motor vehicle for which such person's right to operate is limited.

(g) Before issuing a motor vehicle operator's license in accordance with this section or section 14-44c, as amended by this act, the commissioner shall request information from the National Driver Registry and the Commercial Driver License Information System, in accordance with the provisions of 49 CFR section 383.73. Each driving history record shall contain a notation of the date on which such inquiry was made.

[(g)] (h) Any person who violates any provision of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less than seventy-five dollars nor more than ninety dollars and, for any subsequent offense, shall be fined not less than two hundred fifty dollars nor more than three hundred fifty dollars or be imprisoned not more than thirty days or both.

[(h)] (i) The Commissioner of Motor Vehicles may adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

Sec. 3. Section 14-36a of the general statutes, as amended by section 2 of public act 03-171, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

[(a) In addition to the classification for a commercial driver's license established by section 14-44d, the commissioner shall classify all other motor vehicle operators' licenses according to the types of vehicles which licensees are eligible to operate as follows: (1) Class 1, any motor vehicle, except a commercial motor vehicle; (2) class 2, any motor vehicle, including a combination of motor vehicle and trailer or trailing unit used exclusively for camping or any other recreational purpose regardless of the gross weight of the trailer or trailing unit, except a commercial motor vehicle or an articulated vehicle or any other combination of motor vehicle and trailer where the gross weight of the trailing unit or trailer is more than ten thousand pounds. The commissioner may adopt regulations in accordance with the provisions of chapter 54 establishing such additional classifications, subclassifications and endorsements as he deems necessary. The commissioner shall not issue a class 1 license to any person who has not attained the age of eighteen. ]

(a) A commercial driver's license issued in accordance with section 14-44c, as amended by this act, shall be designated as class A, B or C, in accordance with the provisions of subsection (b) of section 14-44d, as amended by this act. All other operators' licenses shall be designated as class D. A license of any class that also authorizes the operation of a motorcycle shall contain the designation "M".

[(b) A class 1 or 2 operator's license which contains the endorsement "P" evidences that the holder meets the requirements of section 14-44 to operate a taxicab, motor vehicle in livery service, or service bus that is not used for school transportation purposes. A class 1 or 2 operator's]

(b) A commercial driver's license which contains the endorsement "S" evidences that the holder meets the requirements of section 14-44, as amended by this act, to operate a [student transportation vehicle, as defined in section 14-212. A class 1 or 2 operator's license which contains the endorsement "M" evidences that the holder meets the requirements of section 14-40a to operate a motorcycle. ] school bus or any vehicle described in subsection (c) of this section. A commercial driver's license may contain any of the following additional endorsements:

"P"- authorizes the operation of commercial motor vehicles designed to carry passengers;

"H"- authorizes the operation of vehicles transporting hazardous materials;

"N"- authorizes the operation of tank vehicles;

"X"- authorizes both hazardous materials and tank vehicles; and

"T"- authorizes the operation of vehicles with up to three trailing, nonpower units.

The commissioner may establish one or more restrictions on commercial driver's licenses of any class, in regulations adopted in accordance with the provisions of chapter 54.

(c) A commercial driver's license or a class D license that contains any of the following endorsements evidences that the holder meets the requirements of section 14-44, as amended by this act:

"V"- authorizes the transportation of passengers in a student transportation vehicle, as defined in section 14-212, or any vehicle that requires an "A" or "F" endorsement;

"A"- authorizes the transportation of passengers in an activity vehicle, as defined in section 14-1, as amended by this act, or any vehicle that requires an "F" endorsement; and

"F"- authorizes the transportation of passengers in a taxicab, motor vehicle in livery service, service bus or motor bus.

The commissioner may establish one or more restrictions on class D licenses, in accordance with regulations adopted in accordance with the provisions of chapter 54.

[(c)] (d) No person shall operate a motor vehicle in violation of the classification of the license issued to him.

[(d)] (e) Any person who violates any provision of subsection [(c)] (d) of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less than thirty-five dollars nor more than fifty dollars and, for a subsequent offense, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.

Sec. 4. Section 14-44 of the general statutes, as amended by section 37 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) (1) No person shall operate a commercial motor vehicle used for passenger transportation on any public highway of this state until he has obtained a commercial driver's license with a passenger endorsement from the commissioner, except a nonresident who holds such license with such endorsement issued by another state. (2) No person shall operate a school bus until he has obtained a commercial driver's license with [a passenger endorsement and] a school bus endorsement, except that a person who holds such a license without such endorsements may operate a school bus without passengers for the purpose of road testing or moving the vehicle. (3) No person shall operate a student transportation vehicle, as defined in section 14-212, activity vehicle, taxicab, motor vehicle in livery service, motor bus or service bus until he has obtained an operator's license bearing an endorsement of the appropriate type from the commissioner issued in accordance with the provisions of this section and section 14-36a, as amended by this act.

(b) No [public passenger transportation permit or] operator's license bearing an endorsement shall be issued or renewed in accordance with the provisions of this section or section 14-36a, as amended by this act, until the commissioner, or his authorized representative, is satisfied that the applicant is a proper person to receive such [a permit or] an operator's license bearing an endorsement, holds a valid motor vehicle operator's license, or, if necessary for the class of vehicle operated, a commercial driver's license and is at least eighteen years of age. Each applicant for such a permit, an operator's license bearing an endorsement or the renewal of such a license shall furnish the commissioner, or his authorized representative, with satisfactory evidence, which may be required to be under oath, to prove that he has no criminal record, that he has not been convicted of a violation of subsection (a) of section 14-227a within five years of the date of application [, that he has received negative drug test results in two or more urine tests if any such tests were administered within one year of such date] and that no reason exists for a refusal to grant or renew such [a permit or] an operator's license bearing an endorsement. Each applicant for such [a permit,] an operator's license bearing an endorsement [, or the renewal of such a license] shall submit with his application proof satisfactory to the commissioner that he has passed a physical examination which has been taken within ninety days prior to his application, and which is in compliance with safety regulations established from time to time by the United States Department of Transportation. Each applicant for renewal of such license shall present evidence that such applicant is in compliance with the medical qualifications established in 49 CFR 391, as amended. Each applicant for such [a permit or] an operator's license bearing an endorsement shall be fingerprinted before the [permit or the] license bearing an endorsement is issued.

(c) The commissioner may issue, withhold, renew, suspend, cancel or revoke, any [passenger or school] endorsement required to operate a motor vehicle that transports passengers, as provided in subsection (c) of section 14-36a, as amended by this act. The commissioner may, in making his decision, consider the age, accident and criminal record, moral character and physical condition of any such applicant or [permittee] endorsement holder and such other matters as the commissioner may determine. The commissioner may require any such applicant or [permittee] endorsement holder to furnish the statements of two or more reputable citizens, which may be required to be under oath, vouching for the good character or other qualifications of the applicant or [permittee] endorsement holder.

(d) Upon the arrest of any person who holds an operator's license bearing a school endorsement charged with a felony or violation of section 53a-73a, the arresting officer or department, within forty-eight hours, shall cause a report of such arrest to be made to the commissioner. The report shall be made on a form approved by the commissioner containing such information as the commissioner prescribes. The commissioner may adopt regulations, in accordance with chapter 54, to implement the provisions of this subsection.

(e) Prior to issuing an operator's license bearing a school endorsement, the commissioner shall require each applicant to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. If notice of a state criminal history record is received, the commissioner may refuse to issue an operator's license bearing such endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. Subject to the provisions of section 46a-80, if notice of a national criminal history record is received, the commissioner may withdraw the operator's license bearing a school endorsement immediately and, in such case, shall immediately notify the holder of such license and the holder's employer, in writing, of such withdrawal.

(f) Any applicant who is refused an operator's license bearing an endorsement or the renewal of such a license, or whose operator's license bearing an endorsement or the renewal of such a license is withdrawn or revoked on account of a criminal record, shall be entitled to a hearing if requested in writing within twenty days. The hearing shall be conducted in accordance with the requirements of chapter 54 and the applicant may appeal from the final decision rendered therein in accordance with section 4-183.

(g) Violation of any provision of this section shall be an infraction.

Sec. 5. Section 14-44a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) No person may drive a commercial motor vehicle on the highways of this state unless the person holds a commercial driver's license issued by this state or another state, with applicable endorsements valid for the vehicle he is driving.

(b) The provisions of subsection (a) of this section shall not apply to the holder of a commercial driver's instruction permit when accompanied in the vehicle by the holder of a commercial driver's license.

(c) Any person who violates the provisions of subsection (a) of this section shall operate a motor vehicle in violation of the classification of the license issued to him, and shall be subject to the penalties provided in subsection [(d)] (e) of section 14-36a, as amended by this act, and section 14-44k, as amended by this act.

Sec. 6. Section 14-44c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The application for a commercial driver's license or commercial driver's instruction permit, shall include the following:

(1) The full name and current mailing and residence address of the person;

(2) A physical description of the person, including sex, height and eye color;

(3) Date of birth;

(4) The applicant's Social Security number;

(5) The person's color picture, to be taken by the commissioner or his representative;

(6) The person's statement, under oath, that he meets the requirements for qualification contained in [the Code of Federal Regulations Title 49, Part] 49 CFR 391, as amended, or does not expect to operate in interstate or foreign commerce;

(7) The person's statement, under oath, that the type of vehicle in which the person has taken or intends to take the driving skills test is representative of the type of motor vehicle the person operates or intends to operate;

(8) The person's statement, under oath, that he is not subject to disqualification, suspension, [or] revocation or cancellation of operating privileges in any state, and that he does not hold an operator's license in any other state;

(9) The person's identification of all states in which such person has been licensed to drive any type of motor vehicle during the last ten years, and the person's statement, under oath that he does not hold an operator's license in any other state; and

[(9)] (10) The person's signature, and certification of the accuracy and completeness of the application, subject to the penalties of false statement under section 53a-157b. The application shall be accompanied by the fee prescribed in section 14-44h, as amended by this act.

(b) No person who has been a resident of this state for thirty days may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.

(c) In addition to other penalties provided by law, any person who knowingly falsifies information or certifications required under subsection (a) of this section shall have his operator's license or privilege to operate a motor vehicle in this state suspended for sixty days.

Sec. 7. Subsection (b) of section 14-44d of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(b) A commercial driver's license shall be [a Class 1 license] issued with the following [subclassifications, endorsements and restrictions. Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license. ] classifications:

[(1) Subclassifications. ]

[(A)] (1) Class A -Any combination of vehicles with a gross vehicle weight rating (GVWR) of twenty-six thousand one pounds or more, provided the GVWR of the vehicle being towed is in excess of ten thousand pounds.

[(B)] (2) Class B -Any single vehicle with a GVWR of twenty-six thousand one pounds or more, and any such vehicle towing a vehicle not in excess of ten thousand pounds.

[(C)] (3) Class C -Any single vehicle with a GVWR of less than twenty-six thousand one pounds or any such vehicle towing a vehicle with a GVWR not in excess of ten thousand pounds comprising:

[(i)] (A) Vehicles designed to transport sixteen or more passengers, including the driver, or designed to transport more than ten passengers, including the driver, and used to transport students under the age of twenty-one years to and from school; and

[(ii)] (B) Vehicles used to transport hazardous materials which are required to be placarded in accordance with [the Code of Federal Regulations, Title 49, Part] 49 CFR 172, Subpart F, as amended.

Any vehicle that requires an endorsement, in accordance with the provisions of this section and section 14-36a, as amended by this act, shall not be driven unless the proper endorsement appears on the license.

[(2) Endorsements and restrictions.

"H" -Authorizes the driver to drive a vehicle transporting hazardous materials;

"L" -Restricts the driver to vehicles not equipped with air brakes;

"T" -Authorizes driving double and triple trailers, and vehicles in drive-away service using the technique of saddlemounting;

"P" -Authorizes driving commercial motor vehicles carrying passengers;

"S" -Authorizes driving commercial motor vehicles carrying passengers, including school buses;

"N" -Authorizes driving tank vehicles;

"X" -Represents a combination of hazardous materials and tank vehicle endorsements;

"Z" -Restricts the driver to school buses. ]

Sec. 8. Section 14-44e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The commissioner shall not issue a commercial driver's license to any person unless such person is a resident of this state and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by [the Code of Federal Regulations Title 49, Part] 49 CFR 383, Subparts G and H, as amended, and has satisfied all other requirements of this section and sections 14-44b, 14-44c, as amended by this act, and 14-44g, as amended by this act, in addition to other requirements for an operator's license imposed by the general statutes and regulations of the commissioner.

(b) The commissioner shall not issue a commercial driver's license to any person who has a physical or psychobehavioral impairment that affects such person's ability to operate a commercial motor vehicle safely. In determining whether to issue a commercial driver's license in any individual case, the commissioner shall apply the standards set forth in [the Code of Federal Regulations Title 49, Section] 49 CFR 391. 41, as amended, unless it is established that the person will operate such vehicle only in this state, in which case the commissioner shall apply the standards set forth in this chapter and in regulations adopted thereunder. Any person who is denied a commercial driver's license, or whose license is suspended, [or] revoked or cancelled pursuant to this subsection shall be granted an opportunity for a hearing in accordance with the provisions of chapter 54.

(c) The commissioner may waive the skills test required under subsection (a) of this section in the case of an applicant for a commercial driver's license who meets the requirements of [the Code of Federal Regulations Title 49, Section] 49 CFR 383. 77, as amended or, in the case of an applicant for a school bus endorsement who meets the requirements of 49 CFR 383.123, as amended.

(d) A commercial driver's license shall not be issued to any person subject to disqualification from driving a commercial motor vehicle or subject to suspension, [or] revocation or cancellation of operating privileges in any state. Each applicant for an endorsement to drive a vehicle transporting hazardous materials shall be subject to the requirements of 49 USC 5103a, as administered by the United States Transportation Security Administration. The commissioner may refuse to issue a hazardous materials endorsement, or may suspend or revoke any such endorsement, held by any person who is the subject of a notification received from the Transportation Security Administration, in accordance with the provisions of 49 CFR 1572.5, as amended.

(e) An operator's license shall not be issued to any person who holds an operator's license issued by any other state, unless such person first surrenders such license or licenses to the commissioner. The commissioner shall return every license surrendered hereunder to the issuing state for cancellation.

(f) The commissioner may issue a commercial driver's instruction permit to any person who holds a valid operator's license. Said permit may not be issued for a period to exceed six months. Only one renewal or reissuance may be granted within a two-year period. The holder of a commercial driver's instruction permit, may, unless otherwise disqualified, drive a commercial motor vehicle only when accompanied by the holder of a commercial driver's license with appropriate endorsements for the type of vehicle being driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

Sec. 9. Section 14-44g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) Before issuing a commercial driver's license, the commissioner shall obtain driving record information concerning each applicant through the Commercial Driver License Information System, the National Driver Registry and from each state in which the applicant has been licensed during the preceding [five] ten years.

(b) Within ten business days after issuing a commercial driver's license, the commissioner shall notify the Commercial Driver License Information System of such fact, and shall provide all information necessary for the identification of the license holder.

(c) A commercial driver's license issued pursuant to section 14-44e, as amended by this act, shall expire as provided in section 14-44h, as amended by this act.

(d) Each person applying for the renewal of a commercial driver's license shall complete a renewal application form providing an update and, if necessary, corrections to the information required on the original application, pursuant to section 14-44c, as amended by this act. If an applicant for renewal wishes to retain a hazardous materials endorsement, he must pass the written test for such endorsement, and must meet the requirements of subsection (d) of section 14-44e, as amended by this act.

Sec. 10. Subsection (a) of section 14-44h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

(a) Each commercial driver's license shall be renewed [every six years] quadrennially on the date of the operator's birthday. On and after January 1, 2005, each applicant shall, at the time of the first renewal of such commercial driver's license, provide the names of all states in which the applicant ever has been issued a motor vehicle operator's license. If the applicant has held a license in another state at any time during the preceding ten years, the commissioner shall request the driving history record or records from the state or states in which the applicant has been licensed. If the commissioner receives a request for a driving history record from another state regarding the holder of a commercial driver's license, the commissioner shall provide such record within thirty days, as required by the provisions of 49 CFR 384.206, as amended.

Sec. 11. Subsection (g) of section 14-44j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(g) (1) Any person who violates any provision of this section shall be deemed to have committed an infraction, and, for any subsequent offense, shall be fined not more than five hundred dollars.

(2) Any employer which knowingly permits or requires a driver to operate a commercial motor vehicle in violation of an out-of-service order shall be subject to a civil penalty of not less than two thousand [five] seven hundred fifty dollars nor more than [ten] eleven thousand dollars.

Sec. 12. Section 14-44k of the general statutes, as amended by section 38 of public act 03-278, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) A driver who is disqualified or subject to an out-of-service order shall not drive a commercial motor vehicle. An employer shall not knowingly permit or require a driver who is disqualified to drive a commercial motor vehicle.

(b) In addition to any other penalties provided by law, and except as provided in subsection (d) of this section, a person is disqualified from operating a commercial motor vehicle [(1)] for one year if convicted of one violation of [(A)] (1) operating any motor vehicle while under the influence of intoxicating liquor or drugs or both under section 14-227a, as amended, (2) operating a commercial motor vehicle while having a blood alcohol concentration of four-hundredths of one per cent, or more, [(B)] (3) evasion of responsibility, involving a commercial motor vehicle, under section 14-224, [or (C)] (4) using [a commercial] any motor vehicle in the commission of any felony, as defined in section 14-1, as amended by this act, [(2) for sixty days if convicted of one violation of section 14-249 or 14-250, (3) for one hundred twenty days if convicted of a second violation of section 14-249 or 14-250, and (4) for one year if convicted of a third or subsequent violation of section 14-249 or 14-250 during any three-year period] (5) operating a commercial motor vehicle while the operator's commercial driver's license is revoked, suspended or cancelled, or while the operator is disqualified from operating a commercial motor vehicle, or (6) causing a fatality through the negligent or reckless operation of a commercial motor vehicle, as evidenced by a conviction of a violation of section 53a-56b, 53a-57, 53a-60d or 14-222a.

(c) In addition to any other penalties provided by law, and except as provided in subsection (d) of this section, a person is disqualified from operating a commercial motor vehicle for one year if the commissioner finds that such person has refused to submit to a test to determine [his] such person's blood alcohol concentration while [driving a commercial] operating any motor vehicle, or has failed such a test when given, pursuant to the provisions of section 14-227b. For the purpose of this subsection, a person shall be deemed to have failed such a test if the ratio of alcohol in the blood of such person was four-hundredths of one per cent or more of alcohol, by weight.

(d) If a person commits any of the disqualifying offenses identified in [subsections (b) and (c)] subsection (b) of this section or is the subject of a finding by the commissioner under subsection (c) of this section while driving a vehicle transporting hazardous materials, required to be placarded under the Hazardous Materials Transportation Act, [Sections 1801 to 1813, inclusive, Title 49, United States Code] 49 USC 1801 to 1813, inclusive, as amended, such person shall be disqualified for a period of three years.

(e) In addition to any other penalties provided by law, a person is disqualified from operating a commercial motor vehicle for (1) sixty days if convicted of failure to stop at a railroad grade crossing, in violation of section 14-249 or 14-250, as amended by this act, while operating a commercial motor vehicle, (2) one hundred twenty days if convicted of a second violation of section 14-249 or 14-250, as amended by this act, while operating a commercial motor vehicle, and (3) one year if convicted of a third or subsequent violation of section 14-249 or 14-250, as amended by this act, while operating a commercial motor vehicle, during any three-year period.

(f) In addition to any other penalties provided by law, a person is disqualified from operating a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, as defined in section 14-1, as amended by this act, or one hundred twenty days if convicted of three serious traffic violations, committed while operating any motor vehicle arising from separate incidents occurring within a three-year period.

[(e)] (g) Any person who uses [a commercial] any motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance shall be disqualified for life.

[(f)] (h) A person is disqualified for life if [convicted of] such person commits two or more [violations of any] of the offenses specified in subsection (b) of this section, or if [he] such person is the subject of two or more findings by the commissioner under subsection (c) of this section, or any combination of those offenses or findings, arising from two or more separate incidents. A person is disqualified for life if the commissioner takes suspension actions against such person for two or more alcohol test refusals or test failures, or any combination of such actions, arising from two or more separate incidents. Any person disqualified for life, except a person disqualified under subsection (g) of this section, who has both voluntarily enrolled in and successfully completed an appropriate rehabilitation program, as determined by the commissioner, may apply for reinstatement of [his] such person's commercial driver's license, provided any such applicant shall not be eligible for reinstatement until such time as [he] such person has served a minimum disqualification period of ten years. [Should a reinstated driver be] If a person whose commercial driver's license is reinstated is subsequently convicted of another disqualifying offense, [he] such person shall be permanently disqualified for life and shall be ineligible to reapply for a reduction of the lifetime disqualification.

[(g)] (i) (1) Except as provided in subdivision (2) of this subsection, any person who violates an out-of-service order shall be disqualified from operating a commercial motor vehicle: (A) For a period of not less than ninety days nor more than one year for a first violation; (B) for a period of not less than one year nor more than five years for a second violation during any ten-year period, where such violations arose from separate incidents; and (C) for a period of not less than three years nor more than five years for a third or subsequent violation during any ten-year period, where such violations arose from separate incidents.

(2) Any person who violates an out-of-service order while driving a vehicle transporting hazardous materials, required to be placarded under the Hazardous Materials Transportation Act, [Sections 1801 to 1813, inclusive, Title 49, United States Code] 49 USC 1801 to 1813, inclusive, or a commercial motor vehicle designed to transport [fifteen] sixteen or more passengers, including the driver, shall be disqualified from operating a commercial motor vehicle: (A) For a period of not less than one hundred eighty days nor more than two years for a first violation and (B) for a period of not less than three years nor more than five years for a second or subsequent violation during any ten-year period, where such violations arose from separate incidents.

(3) In addition to the penalties provided in subdivision (1) or (2) of this subsection, any person who violates an out-of-service order shall be subject to a civil penalty of not less than one thousand one hundred dollars nor more than two thousand [five] seven hundred fifty dollars.

[(h) A person is disqualified from driving a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period. ]

(j) Any holder of a commercial driver's license whose driving is determined by the Federal Motor Carrier Safety Administration to constitute an imminent hazard, as defined section 14-1, as amended by this act, shall be disqualified from operating a commercial motor vehicle. The period of disqualification may not exceed thirty days unless the commissioner is satisfied that the Federal Motor Carrier Safety Administration has complied with the procedures for review and hearing set forth in 49 CFR 383.52.

[(i)] (k) After taking disqualification action, or suspending, [or] revoking or cancelling a commercial driver's license, the commissioner shall update [his] the commissioner's records to reflect such action within ten days. After taking disqualification action, or suspending, [or] revoking or cancelling the operating privileges of a commercial driver who is licensed in another state, the commissioner shall notify the licensing state of [his] such action within ten days. Such notification shall identify the violation that caused such disqualification, suspension, cancellation or revocation.

Sec. 13. Section 14-111h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

As used in sections 14-111h to 14-111q, inclusive, the following terms and their derivatives shall have the following meanings:

(1) "Administrative action" means a final determination by a duly authorized administrative agency that a person has violated laws related to the operation of a motor vehicle, or that a person is incapable of safely operating a motor vehicle;

(2) "Citation" means any summons, complaint or other official document issued to a person by a duly authorized law enforcement officer or judicial official for any violation relating to conduct to be reported under the driver license agreement;

(3) "Conviction" shall have the meaning stated in [subdivision (16) of subsection (a) of] section 14-1, as amended by this act, and shall include a judgment by default, or in absentia;

(4) "Driver control record" means the driving history record maintained by the jurisdiction of record in accordance with the driver license agreement;

(5) "Failure to comply" means failure to appear or to answer a citation in the manner required by law or the failure to pay fines, penalties or costs related to the disposition of the violation for which the citation has been issued;

(6) "Identification card" means a nondriver identity card issued in accordance with the provisions of section 1-1h, as amended;

[(6)] (7) "Jurisdiction" means a state, territory or possession of the United States, the District of Columbia, a territory or province of Canada or any state of the Republic of Mexico or the federal district of Mexico;

[(7)] (8) "Jurisdiction of record" means the jurisdiction that has issued the last driver's license to a person or if the person has not been issued a driver's license, the jurisdiction of the person's most current address, as shown on the citation, or record of conviction or on any associated report;

[(8)] (9) "License", "driver's license" or "operator's license" means an authorization or privilege to operate a motor vehicle in accordance with the laws of a jurisdiction that is recognized by all member jurisdictions;

[(9)] (10) "Licensing authority" means the official organization or entity responsible for administering the driver licensing laws of a member jurisdiction, and with reference to this state, means the Commissioner of Motor Vehicles;

[(10)] (11) "Member jurisdiction" means a jurisdiction that has entered into the driver license agreement; and

[(11)] (12) "Withdrawal" means the suspension, revocation, cancellation or denial of a license or motor vehicle registration or of the privilege to operate a motor vehicle or to obtain a license or registration.

Sec. 14. Section 14-111j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004):

This state and the other party states to the driver license agreement find and declare that:

(1) Each driver shall have one driver's license issued by a jurisdiction, that is recognized by all member jurisdictions, and shall have one driver control record;

(2) All efforts shall be made to strengthen cooperation among member jurisdictions so that all drivers are required to answer charges of violation of motor vehicle and traffic laws, and to comply with the procedures for the disposition of such charges, regardless of the jurisdiction where any such violation occurs;

(3) Reciprocal recognition of driver's licenses and of motor vehicle and traffic violations related to highway safety shall be facilitated, for the benefit of all member jurisdictions;

(4) Compliance by each driver with all provisions of law pertaining to the safe operation of a motor vehicle shall be required as a condition to the issuance and to the retention of a driver's license;

(5) Conviction of a driver or owner for any motor vehicle and traffic violation related to highway safety in any jurisdiction shall be treated as if the violation had occurred in the jurisdiction of record, for the purpose of maintaining the driver control record and of imposing administrative sanctions, as authorized by law;

(6) All drivers shall be allowed to proceed on their way and shall not be required to appear in person before a court or other tribunal, regardless of their jurisdiction of record, after having been issued a citation for certain motor vehicle and traffic violations;

(7) All efforts shall be made to achieve greater uniformity among all member jurisdictions concerning identification and verification requirements for the issuance of a driver's license or identification card;

[(7)] (8) All efforts shall be made to achieve greater uniformity among all member jurisdictions regarding the exchange of information on drivers, licenses, and driver control records, including convictions of violations and license withdrawal actions; [and]

(9) All member jurisdictions wish to adhere to all applicable laws that protect the privacy of personal information that is contained in driver licensing records, and that is used in exchange of such records; and

[(8)] (10) All member jurisdictions shall act in the best interests of highway safety and in a spirit of mutual cooperation to attain and monitor compliance with the driver license agreement and to resolve any dispute that may arise, at the administrative agency level of authority and decision-making.

Sec. 15. Section 14-111k of the general statutes, as amended by section 11 of public act 03-171, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) Upon application for a motor vehicle operator's license or identification card, the Commissioner of Motor Vehicles shall verify the identity of the applicant in accordance with the rules prescribed by the operator's license agreement, as set forth in regulations adopted by the commissioner, in accordance with the provisions of chapter 54, and shall determine whether the applicant has ever held, or is the holder of, a license issued by any other jurisdiction. The commissioner shall not issue a license to any applicant whose license is withdrawn in any other member jurisdiction for any conviction or administrative action required to be reported under the driver license agreement, as evidenced by the driver control record. The commissioner shall not issue a license to any applicant who is the subject of a notice of failure to comply, as reported by any other member jurisdiction. If the applicant is the holder of any unexpired license issued by another jurisdiction, the commissioner shall not issue a license unless the applicant surrenders such license document previously issued by such jurisdiction.

(b) Notwithstanding the provisions of subsection (a) of this section, the commissioner may issue [a class 1 or class 2] an operator's license to an applicant who is the subject of a withdrawal of a commercial driver's license in any other member jurisdiction if the conduct on which such withdrawal is based would not have resulted in the withdrawal of the privilege to operate any motor vehicle other than a commercial motor vehicle.

(c) Notwithstanding the provisions of subsection (a) of this section, the commissioner may issue a motor vehicle operator's license to (1) an applicant who is the subject of a withdrawal that occurred five years or more before the date of application, or (2) an applicant whose license has been withdrawn for the period of time required by the jurisdiction of record, but whose license has not been returned or restored by such jurisdiction due to the failure or the alleged failure to fulfill reinstatement requirements, pertaining to the filing of proof of financial responsibility or necessitating personal attendance in such jurisdiction including, but not limited to, a requirement to complete an education or treatment program. In exercising the discretion to grant or deny an application for a license as conferred by the provisions of this subsection, the commissioner shall review and consider the entire driver control record of the applicant, and may require additional information and references from the applicant such as will attest to the applicant's present fitness and capability to safely operate a motor vehicle.

(d) If the commissioner issues an identification card to a person who holds an operator's license issued by another jurisdiction, the commissioner shall report to such jurisdiction within thirty days the name of such person and such other information concerning such person and such identification card as is (1) required by the operator's license agreement, and (2) set forth in regulations adopted by the commissioner, in accordance with the provisions of chapter 54.

Sec. 16. Section 14-163c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, which incorporate by reference the standards set forth in [the Code of Federal Regulations, Title 49, Parts 382, 383 and 385 through 397] 49 CFR 382 to 397, inclusive, as amended. Such regulations, adopted by reference to the provisions of [the Code of Federal Regulations, Title 49, Parts 382, 383 and 385 through 397] 49 CFR 382 to 397, inclusive, as amended, may be made applicable to any motor vehicle or motor carrier, as defined in 49 CFR 390, which (1) is in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating of eighteen thousand one or more pounds; or (2) is in interstate commerce and has a gross vehicle weight rating or gross combination weight rating of ten thousand one or more pounds; or (3) is designed to transport more than fifteen passengers, including the driver; or (4) is used in the transportation of hazardous materials in a quantity requiring placarding under the Hazardous Materials Transportation Act, 49 USC App. [1801-1813] 1801 to 1813, inclusive, unless exempted under the provisions of the code or the provisions of subsection (b) of this section.

(b) The provisions relative to maximum driving and on-duty time as set forth in [the Code of Federal Regulations, Title 49, Part 395, Section] 49 CFR 395. 3, and as adopted by reference in regulations adopted pursuant to subsection (a) of this section, shall not apply to any public service company vehicle with a commercial registration when such vehicle is used to transport passengers or property to or from any portion of the state for the purpose of relief or assistance in case of major loss of utility service or to any motor carrier or driver operating a vehicle with a commercial registration when such vehicle is used to provide emergency relief during an emergency in accordance with the provisions of [Title 49, Section 390. 23 of said code] 49 CFR 390.23. For the purposes of this subsection, (1) "emergency" means any hurricane, tornado, storm including a thunderstorm, snowstorm, ice storm, blizzard or sandstorm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other occurrence, natural or man-made, which interrupts the delivery of essential services including electricity, medical care, sewer, water, telecommunications and telecommunication transmissions or essential supplies including food and fuel or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado or other event results in: (A) A declaration of an emergency by the President of the United States, the Governor, or their authorized representatives having authority to declare emergencies, by the regional director of motor carriers for the region in which the occurrence happens or by other federal, state or local government officials having authority to declare emergencies, or (B) a request by a police officer for tow trucks to move wrecked or disabled motor vehicles, and (2) "emergency relief" means an operation in which a motor carrier or driver of a commercial motor vehicle is providing direct assistance to supplement state and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency.

(c) The Commissioner of Motor Vehicles may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of [the Code of Federal Regulations, Title 49, Parts 382, 383 and 385 through 397] 49 CFR 382 to 397, inclusive, as amended, when strict compliance with such provisions would entail practical difficulty or unnecessary hardship or would be otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the commissioner, secure the public safety.

(d) Any state or municipal police officer or motor vehicle inspector may (1) inspect any motor vehicle specified in subsection (a) of this section in operation and examine its operator to determine compliance with the provisions of [the Code of Federal Regulations, Title 49, Parts 382, 383 and 385 through 397] 49 CFR 382 to 397, inclusive, as amended, (2) enter upon the premises of any motor carrier, as defined in [the Code of Federal Regulations, Title 49, Section] 49 CFR 390. 5, as amended, for the purpose of inspecting records maintained by such carrier, (3) conduct a safety rating procedure, in accordance with the provisions of [the Code of Federal Regulations, Title 49, Part] 49 CFR 385, as amended, for any motor carrier that owns or operates any motor vehicle identified in subsection (a) of this section, (4) declare a motor vehicle or its operator out of service as provided in [the Code of Federal Regulations, Title 49, Sections] 49 CFR 395. 13 and 396. 9, as amended, or (5) issue an infractions complaint under the provisions of this section, provided such officer or inspector meets the standards established by the commissioner, in consultation with the Commissioner of Public Safety, in regulations adopted in accordance with the provisions of chapter 54.

(e) (1) Any person who violates the provisions of this section or any regulations adopted under this section shall, for a first violation, have committed an infraction. (2) The commissioner may impose a civil penalty on any person for a second or subsequent violation of the provisions of this section or any regulations adopted under this section if the acts or conduct on which the conviction is based arise out of the operation of a motor vehicle in intrastate commerce and would, if such acts or conduct had occurred with respect to operation of a motor vehicle in interstate commerce, have subjected such person to a civil penalty under the provisions of [the Code of Federal Regulations, Title 49, Parts 382, 383 and 385 to 397] 49 CFR 382 to 397, inclusive, as amended. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to specify the amount of such civil penalty provided such amount shall not exceed the amount specified for the comparable violation under the applicable federal regulations, or ten thousand dollars, whichever is less. Any person notified of the assessment of a civil penalty under the provisions of this subsection shall be entitled to an opportunity for an administrative hearing in accordance with the provisions of chapter 54. If any person fails to comply with the terms of a final decision and order of the commissioner made pursuant to this subsection, the commissioner may suspend any motor vehicle registration issued to such person or such person's privilege to register any motor vehicle in this state until such person complies with the terms of such final decision and order.

Sec. 17. Section 14-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The operator of each commercial motor vehicle transporting passengers, [motor bus,] service bus or of each motor vehicle used for the transportation of school children and the operator of each commercial motor vehicle with a cargo tank or carrying hazardous materials, as defined in section 14-1, as amended by this act, whether loaded or empty, before crossing at grade any track or tracks of a railroad, shall stop such vehicle not less than [ten] fifteen feet nor more than fifty feet from the nearest rail of such track, and, while so stopped, shall listen and look in each direction along such track or tracks for approaching locomotives or trains before crossing such track or tracks; and such operator shall not, in any event, cross such track or tracks when warned by automatic signal, crossing gates, flagman, law enforcement officer or otherwise of the approach of a railroad locomotive or train.

(b) The operator of any motor vehicle specified in subsection (a) of this section shall not attempt to cross a railroad grade crossing if such vehicle cannot be driven completely through such crossing, without shifting gears, on account of its width or the clearance of its undercarriage.

(c) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section, including exemptions for certain crossings that are allowed by the provisions of 49 CFR 392.10.

(d) Any person who violates any provision of this section shall be fined not less than one hundred fifty dollars nor more than two hundred fifty dollars.

Sec. 18. Subsection (a) of section 14-275c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The Commissioner of Motor Vehicles may, in accordance with the provisions of chapter 54, make, alter or repeal regulations governing the inspection, registration, operation and maintenance of school buses and the licensing of the operators of such vehicles. Such regulations shall incorporate the requirements of 49 CFR 383.123 regarding the qualifications of each applicant for an endorsement to operate a school bus, issued in accordance with the provisions of section 14-44, as amended by this act.

Sec. 19. Section 54-56g of the general statutes, as amended by sections 11 and 13 of public act 03-244 and section 177 of public act 03-6 of the June 30 special session, is amended by adding subsection (f) as follows (Effective January 1, 2005):

(NEW) (f) The provisions of this section shall not be applicable in the case of any person charged with a violation of section 14-227a while operating a commercial motor vehicle, as defined in section 14-1, as amended by this act.

Sec. 20. (NEW) (Effective January 1, 2005) (a) If any person who holds a commercial driver's license issued by another state is convicted of a violation of any provision of law related to motor vehicle traffic control, as reported to the Commissioner of Motor Vehicles by the centralized infractions bureau or any clerk of the Superior Court, the commissioner shall notify the licensing authority of such state where such person is licensed within thirty days of the date of such conviction.

(b) If any person who holds a motor vehicle operator's license issued by any other state is convicted of a violation, arising out of the operation of a commercial motor vehicle, of any provision of law related to motor vehicle traffic control, as reported to the commissioner by the centralized infractions bureau or any clerk of the Superior Court, the commissioner shall notify the licensing authority of such state where such person is licensed within thirty days of the date of such conviction.

(c) On and after September 30, 2008, the notification required by subsections (a) and (b) of this section shall be made within ten days of the date of such conviction.

Sec. 21. (NEW) (Effective July 1, 2004) In any case where the Commissioner of Motor Vehicles is authorized or required by any section of title 14 of the general statutes to suspend the registration of a motor vehicle, the commissioner may, for the period that is specified for such suspension, suspend the privilege of the owner to transfer such suspended registration, to register any other motor vehicle or, in the case of a nonresident, to operate any motor vehicle on the highways of this state.

Sec. 22. Subdivisions (82) and (83) of section 12-412 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(82) (A) The sale of and the storage, use or other consumption of any commercial motor vehicle as defined in subparagraphs (A) and (B) of subdivision [(11)] (13) of section 14-1, as amended by this act, that is operating pursuant to the provisions of section 13b-88 or 13b-89, as amended, during the period commencing upon its purchase and ending one year after the date of purchase provided seventy-five per cent of its revenue from its days in service is derived from out-of-state trips or trips crossing state lines.

(B) Each purchaser of a commercial motor vehicle exempt from tax pursuant to the provisions of this subsection shall, in order to qualify for said exemption, present to the retailer a certificate, in such form as the commissioner may prescribe, certifying that seventy-five per cent of such vehicle's revenue from its days in service will be derived from out-of-state trips or trips crossing state lines. The purchaser of the motor vehicle shall be liable for the tax otherwise imposed if, during the period commencing upon its purchase and ending one year after the date of purchase, seventy-five per cent of the vehicle's revenue from its days in service is not derived from out-of-state trips or trips crossing state lines.

(83) (A) The sale of and the storage, use or other consumption of any motor bus, as defined in [subdivision (44) of] section 14-1, as amended by this act, that is operating pursuant to the provisions of section 13b-88 or 13b-89, as amended, during the period commencing upon its purchase and ending one year after the date of purchase provided seventy-five per cent of its revenue from its days in service is derived from out-of-state trips or trips crossing state lines.

(B) Each purchaser of a motor bus exempt from tax pursuant to the provisions of this subsection shall, in order to qualify for said exemption, present to the retailer a certificate, in such form as the commissioner may prescribe, certifying that seventy-five per cent of such bus's revenue from its days in service will be derived from out-of-state trips or trips crossing state lines. The purchaser of the motor bus shall be liable for the tax otherwise imposed if, during the period commencing upon its purchase and ending one year after the date of purchase, seventy-five per cent of the bus's revenue from its days in service is not derived from out-of-state trips or trips crossing state lines.

Sec. 23. Subsection (a) of section 14-12b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) No motor vehicle registration shall be issued by the commissioner for any private passenger motor vehicle, as defined in subsection (e) of section 38a-363, or a vehicle with a commercial registration, as defined in [subdivision (12) of] section 14-1, as amended by this act, unless (1) the application for registration is accompanied by a current automobile insurance identification card or a copy of a current insurance policy or endorsement issued by a company licensed to issue such insurance in this state or an approved self-insurer or issued pursuant to the plan established under section 38a-329, verifying that the applicant has the required security coverage, and (2) the applicant signs and files with the commissioner, under penalty of false statement as provided for in section 53a-157b, a statement on a form approved by the commissioner that the owner of the vehicle has provided and will continuously maintain throughout the registration period the minimum security required by section 38a-371. In the case of an owner with a vehicle located outside of the United States or Canada, the commissioner may accept in lieu of the insurance identification card required to be presented for issuance of the registration, an affidavit, in such form as the commissioner shall require, executed by the owner and stating that the vehicle will not be operated in the United States or Canada. The commissioner may require an applicant for renewal of a motor vehicle registration for any private passenger motor vehicle or vehicle with a commercial registration to sign and file with the commissioner, under penalty of false statement as provided for in section 53a-157b, a statement on a form approved by the commissioner that the owner of the vehicle will continuously maintain throughout the registration period the minimum security required by said section 38a-371. Such form shall call for and contain the name of the applicant's insurance company and policy number.

Sec. 24. Section 14-12c of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

The commissioner may at any time require any owner of a private passenger motor vehicle or a vehicle with a commercial registration, as defined in [subdivision (12) of] section 14-1, as amended by this act, to submit further information to verify the required security coverage within the time specified by the commissioner. If the commissioner is unable to verify the insurance information furnished, the commissioner shall, unless such registrant has been reported as cancelled in accordance with sections 38a-343, 38a-343a, 14-12c and 14-12f to 14-12i, inclusive, afford such owner an opportunity for a hearing in accordance with chapter 54 to determine whether such owner's application for registration contains a material false statement or whether he has failed to continuously maintain the security required under section 38a-371. If the commissioner finds that the owner did not have the required security in effect on the date of registration, or that such owner presented a false or fraudulent insurance identification card to the commissioner, the application for registration shall be deemed to contain a material false statement. Any registration issued as a result of such application shall be void from the date of issue and the registration number plates shall be surrendered to the commissioner or shall be subject to confiscation in accordance with the provisions of section 14-12h. If the commissioner finds that the owner had the required security in effect at the time such application was submitted but failed to maintain it continuously during the registration period, he shall cancel any registration issued as a result of such application and the registration number plates shall be surrendered to the commissioner or shall be subject to confiscation in accordance with the provisions of section 14-12h. No new registration for any motor vehicle, the registration of which has been cancelled under this section, may be obtained except as provided by section 14-12h.

Sec. 25. Subsection (a) of section 14-15a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) Each passenger motor vehicle, as defined in [subsection (40) of] section 14-1, as amended by this act, which is leased or rented for a period of more than thirty days in a calendar year primarily for use in this state shall be registered in this state in accordance with the provisions of section 14-12. For the purpose of this section, such period shall include all times during which such vehicle may be absent from the state while being used on a daily round-trip basis.

Sec. 26. Subdivision (3) of section 14-165 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(3) "Identification number" means the vehicle identification number of a motor vehicle, as defined in [subdivision (91) of subsection (a) of] section 14-1, as amended by this act.

Sec. 27. Subsection (a) of section 14-168a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) Notwithstanding the provisions of any section of the general statutes to the contrary, a used car dealer licensed in accordance with the provisions of section 14-52 who enters into a contract with a manufacturer of equipment or parts used in the assembly of a wrecker, including a flatbed wrecker, as defined in [subdivision (65) of] section 14-1, as amended by this act, or used in the assembly of a special purpose body to a cab and chassis, including a body for a refuse compactor, transit mixer, dump truck, tank truck or other vehicle designed for the transportation of bulk materials or to which machinery is attached, and who purchases from a new car dealer licensed in accordance with the provisions of section 14-52 any new chassis, cab or other portion of an incomplete motor vehicle for such purpose, may sell or offer for sale such wrecker or other motor vehicle as a new motor vehicle provided all parts of any such wrecker or other motor vehicle are new.

Sec. 28. Subsection (a) of section 14-267b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The provisions of subdivisions (1), (2), (3), (4) and (7) of subsection (b) of section 14a-267a shall not apply to any motor bus, as defined in [subdivision (44) of subsection (a) of] section 14-1, as amended by this act, if such motor bus complies with the weight limits specified in 23 CFR 658. 17.

Sec. 29. Subsection (a) of section 14-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The operator of any vehicle, motor vehicle, or authorized emergency vehicle, as defined in [subdivision (4) of subsection (a) of] section 14-1, as amended by this act, shall immediately bring such vehicle to a stop not less than ten feet from the front when approaching and not less than ten feet from the rear when overtaking or following any registered school bus on any highway or private road or in any parking area or on any school property when such bus is displaying flashing red signal lights, except at the specific direction of a traffic officer. Vehicles so stopped for a school bus shall not proceed until such bus no longer displays flashing red signal lights. At the intersection of two or more highways vehicular turns toward a school bus receiving or discharging passengers are prohibited. The operator of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway.

Sec. 30. Subsection (c) of section 14-290 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(c) Any wrecker, as defined in [subdivision (90) of] section 14-1, as amended by this act, shall be exempt from the provisions of section 14-267a, as amended, provided such wrecker is in the course of towing or hauling a disabled motor vehicle from the point where such vehicle became disabled and does not exceed any of the weight limits provided in section 14-267a, as amended, by more than twenty per cent.

Sec. 31. Section 14-325a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

Any person licensed under section 14-319 to dispense motor fuel for sale to the public for any motor vehicle, as defined in [subdivision (47) of] section 14-1, as amended by this act, except any such person who is licensed to so dispense such fuel at a retail food store which he owns and operates and which dispenses less than ten thousand gallons of gasoline in any one month, shall provide for free public use an air compressor for the purpose of tire inflation during the hours such premises are open for business. Each such licensee shall post a sign in a conspicuous location upon the premises and in such form as the commissioner may require, informing the public of the availability of an air compressor for free public use during the hours such premises are open. Such compressor shall be capable of producing at least eighty pounds per square inch pressure at the outlet.

Sec. 32. Subdivision (1) of subsection (d) of section 38a-790 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(1) "Motor vehicle" is defined as provided in [subsection (30) of] section 14-1, as amended by this act.

Sec. 33. Section 42-179b of the general statutes, as amended by section 146 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

Each motor vehicle dealer, as defined in [subsection (11) of] section 14-1, as amended by this act, and each person engaged in the business of leasing new motor vehicles shall, at the time of sale or execution of the lease of any new motor vehicle, deliver to the consumer, as defined in subdivision (1) of subsection (a) of section 42-179, of such vehicle written information, in a form approved by the Commissioner of Consumer Protection, which explains the new automobile warranty and dispute settlement program established pursuant to this chapter.

Sec. 34. Subdivisions (2) and (3) of section 42-220 of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(2) "Motor vehicle" means a motor vehicle, as defined in [subdivision (30) of] section 14-1, as amended by this act;

(3) "Used motor vehicle" means a used or secondhand motor vehicle, as defined in [subdivision (62) of] section 14-1, as amended by this act.

Sec. 35. Section 14-44a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) No person may drive a commercial motor vehicle on the highways of this state unless the person holds a commercial driver's license issued by this state or another state, with applicable endorsements valid for the vehicle he is driving.

(b) The provisions of subsection (a) of this section shall not apply to (1) the holder of a commercial driver's instruction permit when accompanied in the vehicle by the holder of a commercial driver's license, or (2) any military personnel who operate commercial motor vehicles solely in connection with their military duties, in accordance with 49 CFR 383.3(c).

(c) Any person who violates the provisions of subsection (a) of this section shall operate a motor vehicle in violation of the classification of the license issued to him, and shall be subject to the penalties provided in subsection (d) of section 14-36a, as amended.

Approved on June 8, 2004