CHAPTER 248*
VEHICLE HIGHWAY USE

      Sec. 14-212. Definitions. 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) The following terms shall be construed as they are defined in section 14-1: "Authorized emergency vehicle", "commissioner", "driver", "fuels", "gross weight", "head lamp", "high-mileage vehicle", "highway", "light weight", "limited access highway", "maintenance vehicle", "motor bus", "motorcycle", "motor vehicle registration", "nonresident", "nonskid device", "number plate", "officer", "operator", "owner", "passenger motor vehicle", "passenger and commercial motor vehicle", "person", "pneumatic tires", "pole trailer", "registration", "registration number", "second offense", "semitrailer", "shoulder", "solid tires", "stop", "subsequent offense", "tail lamp", "tractor", "tractor-trailer unit", "trailer", "truck" and "vanpool vehicle";

      (2) "Carrier" means (A) any local or regional school district, any educational institution providing elementary or secondary education or any person, firm or corporation under contract to such district or institution engaged in the business of transporting school children; (B) any person, firm or corporation providing transportation for compensation exclusively to persons under the age of twenty-one years; or (C) any corporation, institution or nonprofit organization providing transportation as an ancillary service primarily to persons under the age of eighteen years;

      (3) "Curb" includes the boundary of the traveled portion of any highway, whether or not the boundary is marked by a curbstone;

      (4) "Intersection" means the area embraced within the prolongation of the lateral curb lines of two or more highways which join one another at an angle, whether or not one of the highways crosses the other;

      (5) "Motor vehicle" includes all vehicles used on the public highways;

      (6) "Parking area" means lots, areas or other accommodations for the parking of motor vehicles off the street or highway and open to public use with or without charge;

      (7) "Rotary" or "roundabout" means a physical barrier legally placed or constructed at an intersection to cause traffic to move in a circuitous course;

      (8) "Student transportation vehicle" means any motor vehicle other than a registered school bus used by a carrier for the transportation of students, including children requiring special education; and

      (9) "Vehicle" is synonymous with "motor vehicle".

      (1949 Rev., S. 2488; February, 1965, P.A. 448, S. 16; P.A. 84-429, S. 38; P.A. 90-112, S. 3, 14; 90-263, S. 50, 74; P.A. 94-189, S. 31, 34; P.A. 05-210, S. 24.)

      History: 1965 act deleted provisions excepting rail or track vehicles and including all motor vehicle statutory definitions by reference and added "motor vehicle"; P.A. 84-429 substantially revised section, dividing section into Subsecs., applying definitions in Sec. 14-1 to terms added in Subdiv. (1) and added definitions in Subdivs. (2), (3), (5) and (6); P.A. 90-112 added definitions of "carrier" in Subdiv. (2) and "student transportation vehicle" in Subdiv. (8), renumbering remaining Subdivs. accordingly; P.A. 90-263 amended Subdiv. (1) to delete from list of terms "commercial motor vehicle" and "public service motor vehicle"; P.A. 94-189 redefined "carrier", effective July 1, 1994; P.A. 05-210 amended Subdiv. (7) by changing "Rotary traffic island" to "Rotary" or "roundabout", effective July 1, 2005.

      Cited. 9 CA 686.

      Subdiv. (5):

      Term "open to public use" discussed. Judgment of appellate court in 11 CA 644 revised. 207 C. 612.

      "Open to public use" discussed. 11 CA 644, but see 207 C. 612. Cited. 17 CA 100.

      Subdiv. (6):

      Cited. 45 CA 225.

      Sec. 14-212a. Highway construction zones and utility work zones. Fines doubled. (a) The Superior Court shall impose an additional fee equivalent to one hundred per cent of the fine established or imposed for the violation of the provisions of section 14-213, 14-213b, 14-214, 14-215, 14-216, 14-218a, 14-219, 14-220, 14-221, 14-222, 14-222a, 14-223, 14-224, 14-225, 14-227a, 14-230, 14-230a, 14-231, 14-232, 14-233, 14-235, 14-236, 14-237, 14-238, 14-238a, 14-239, 14-240, 14-240a, 14-241, 14-242, 14-243, 14-244, 14-245, 14-246a, 14-247, 14-247a, 14-248a, 14-249, 14-250, 14-250a, 14-257, 14-261, 14-266, 14-271, 14-273, 14-279, 14-281a, subsection (e) or (g) of section 14-283, section 14-289a or 14-289b for any such violation committed while construction work is ongoing within a highway construction zone designated in a conspicuous manner by the Department of Transportation or while utility work is ongoing within a utility work zone designated in a conspicuous manner by a public service company, as defined in section 16-1, or by a water company, as defined in section 25-32a.

      (b) (1) The Department of Transportation shall post a sign at the beginning of a highway construction zone which shall read as follows: "ROAD WORK AHEAD FINES DOUBLED", and at the end of such zone which shall read as follows: "END ROAD WORK".

      (2) A public service company or water company shall post a sign at the beginning of a utility work zone which shall read as follows: "UTILITY WORK AHEAD FINES DOUBLED", and at the end of such zone which shall read as follows: "END UTILITY WORK".

      (c) The state or any agency or employee of the state shall not be civilly liable for any injuries or damages to any person or property which may result, either directly or indirectly, from failure on the part of the Department of Transportation to post any sign required under subsection (b) of this section.

      (P.A. 95-181, S. 1; P.A. 98-196, S. 2.)

      History: P.A. 98-196 added utility work zones to areas where additional fines are imposed (Revisor's note: The Revisors reformatted Subsec. (b) to match the format of Sec. 14-212b(d) and in so doing inserted a comma following "ROAD WORK AHEAD FINES DOUBLED" and "UTILITY WORK AHEAD FINES DOUBLED").

      Sec. 14-212b. School zones. Fines doubled. (a) As used in this section, "local highway" means a highway that is under the control of a town, city or borough; and "local traffic authority" means the traffic authority of a town, city or borough.

      (b) (1) At the request of the legislative body of a town, city or borough, the State Traffic Commission may designate as a school zone any part of a state highway that is adjacent to school property or is, in the opinion of the commission, sufficiently close to school property as to constitute a risk to the public safety under all the circumstances. At the request of such legislative body, the commission may revoke any such designation. (2) A local traffic authority may designate as a school zone, and may revoke any such designation, any part of a local highway that is adjacent to school property or is, in the opinion of the local traffic authority, sufficiently close to school property as to constitute a risk to the public safety under all the circumstances.

      (c) The Superior Court shall impose an additional fee equivalent to one hundred per cent of the fine established or imposed for the violation of the provisions of section 14-218a or 14-219, for any such violation committed in a school zone designated in a conspicuous manner by the State Traffic Commission or local traffic authority.

      (d) The State Traffic Commission with regard to a state highway or the local traffic authority with regard to a local highway shall post a sign approved by said commission (1) at the beginning of a school zone in each direction that traffic is permitted to flow which shall read as follows: "SCHOOL ZONE AHEAD FINES DOUBLED", and (2) at the end of such zone in each direction that traffic is permitted to flow which shall read as follows: "END SCHOOL ZONE".

      (P.A. 98-252, S. 64.)

      Sec. 14-212c. Fines doubled for failure to yield right-of-way to a bicyclist. A surcharge shall be imposed equivalent to one hundred per cent of the fine established or imposed for a violation of subsection (e) of section 14-242, section 14-245, 14-246a, 14-247 or 14-247a for such violation when the driver of a vehicle fails to grant or yield the right-of-way to a person riding a bicycle, as defined in section 14-286.

      (P.A. 98-165, S. 1.)

      Sec. 14-213. Operation without carrying operator's license. Each operator of a motor vehicle shall carry his operator's license while operating such vehicle. Failure to carry such operator's license as required by the provisions of this section shall be an infraction.

      (1949 Rev., S. 2416; P.A. 75-577, S. 65, 126.)

      History: P.A. 75-577 replaced three-dollar fine provision with statement that violation deemed an infraction.

      See chapter 881b re infractions of the law.

      Failure to carry his license does not make an operator "an unlicensed person". 93 C. 457.

      Subsec. (b):

      Cited. 23 CA 50.

      Sec. 14-213a. Operation of private passenger motor vehicle when insurance coverage does not meet minimum no-fault security requirements. Penalty. Section 14-213a is repealed.

      (P.A. 79-577, S. 5, 8; P.A. 80-483, S. 63, 186; P.A. 81-217, S. 7.)

      Sec. 14-213b. Operation prohibited when insurance coverage fails to meet minimum requirements. Penalty. Evidence of insurance coverage required to restore suspended license. (a) No owner of any private passenger motor vehicle or a vehicle with a combination or commercial registration, as defined in section 14-1, registered or required to be registered in this state may operate or permit the operation of such vehicle without the security required by section 38a-371 or with security insufficient to meet the minimum requirements of said section, or without any other security requirements imposed by law, as the case may be. Failure of the operator to produce an insurance identification card as required by section 14-217 shall constitute prima facie evidence that the owner has not maintained the security required by section 38a-371 and this section.

      (b) Any person convicted of violating any provision of subsection (a) of this section shall be fined not less than one hundred dollars or more than one thousand dollars, except that any owner of a motor vehicle with a commercial registration who knowingly violates the provisions of subsection (a) of this section with respect to such vehicle shall be guilty of a class D felony.

      (c) The Commissioner of Motor Vehicles shall suspend the registration, and the operator's license, if any, of an owner, for a first conviction of violating the provisions of subsection (a) of this section for a period of one month and for a second or subsequent conviction for a period of six months. No operator's license which has been suspended pursuant to this subsection shall be restored until the owner has provided evidence to the commissioner that he maintains the security required by section 38a-371 or any other security requirements imposed by law for each motor vehicle registered in his name.

      (P.A. 81-217, S. 5; P.A. 94-243, S. 3; P.A. 97-226, S. 2; P.A. 04-199, S. 2; Oct. 25 Sp. Sess. P.A. 05-3, S. 1; P.A. 06-196, S. 96.)

      History: (Revisor's note: In 1993 an obsolete reference to Subsec. (c) of Sec. 14-117 was deleted editorially by the Revisors since Sec. 14-117 is repealed and a reference in Subsec. (c) to "sections 14-12b to 14-12e, inclusive," was changed editorially by the Revisors to "sections 14-12b and 14-12c" to reflect the repeal of sections 14-12d and 14-12e by P.A. 93-298, S. 10); P.A. 94-243 amended Subsecs. (a) and (c) to apply to vehicles with commercial registrations; P.A. 97-226 amended (1) Subsecs. (a) and (c) to apply provisions to vehicles with combination registrations and to eliminate reference to "subdivision (12) of" before Sec. 14-1, (2) Subsec. (a) to apply to vehicles required to be registered and (3) Subsec. (c) to prohibit restoration of an operator's license which has been suspended pursuant to Subsec. until owner provides evidence of insurance coverage; P.A. 04-199 amended Subsec. (c) to eliminate provisions re no new registration shall be issued or restored after suspension of registration under subsection until owner has filed proof of financial responsibility under Sec. 14-112 and re maintenance of financial responsibility filing, effective July 1, 2004; Oct. 25 Sp. Sess. P.A. 05-3 amended Subsec. (a) to prohibit operation "without any other security requirements imposed by law, as the case may be", amended Subsec. (b) to specify exception that any owner of a motor vehicle with a commercial registration who knowingly violates Subsec. (a) with respect to such vehicle shall be guilty of a class D felony, and amended Subsec. (c) to prohibit restoration of a suspended operator's license until the owner has provided commissioner evidence that he maintains any other security requirements imposed by law, effective January 1, 2006; P.A. 06-196 made a technical change in Subsec. (b), effective June 7, 2006.

      See Sec. 14-12f re exempt vehicles.

      Cited. 11 CA 122.

      Sec. 14-214. Instruction of unlicensed person in motor vehicle operation. Any licensed operator, being twenty years of age or older and having had an operator's license to operate a motor vehicle of the same class as the motor vehicle being operated for at least four years preceding the date of such instruction, may instruct a person sixteen or seventeen years of age who holds a learner's permit issued in accordance with subsection (c) of section 14-36, or a person who is eighteen years of age or older, in the operation of a motor vehicle. Any person so instructing another in the use of any motor vehicle shall be responsible for the operation thereof. Violation of any provision of this section shall be an infraction.

      (1949 Rev., S. 2421; 1969, P.A. 55, S. 2; 1972, P.A. 127, S. 20; P.A. 75-577, S. 66, 126; P.A. 96-248, S. 3, 4; P.A. 97-1, S. 3, 4.)

      History: 1969 act required instructor to be twenty-one and to have had license in class of vehicle for which instruction is being given for two years, added exception re motorcycles and raised fine from ten to fifty dollars; 1972 act dropped age requirement to eighteen, reflecting change in age of majority; P.A. 75-577 replaced fine provision with statement that violation deemed to be infraction; P.A. 96-248 raised minimum age for instructor from eighteen to twenty and required holding license in class of vehicle for which instruction is being given for minimum of four, rather than two, years, authorized instruction of persons who hold a learner's permit under Subsec. (b) of Sec. 14-36 and eliminated exception re motorcycles and requirement that instructor be "so seated as to control the operation of the motor vehicle", effective January 1, 1997; P.A. 97-1 provided that instructor may be older than twenty years of age, limited instruction of holders of learners' permits to persons sixteen and seventeen years of age, substituted reference to Subsec. (c) for (b), and authorized instruction of persons eighteen years of age or older, effective January 30, 1997.

      See chapter 881b re infractions of the law.

      If owner of car allows another to drive it, but himself retains control of it, he is liable for actual driver's negligence. 119 C. 563. Cited. 175 C. 112.

      Cited. 30 CS 233.

      Sec. 14-215. Operation while registration or license is refused, suspended or revoked. Penalty. (a) No person to whom an operator's license has been refused, or, except as provided in section 14-215a, whose operator's license or right to operate a motor vehicle in this state has been suspended or revoked, shall operate any motor vehicle during the period of such refusal, suspension or revocation. No person shall operate or cause to be operated any motor vehicle, the registration of which has been refused, suspended or revoked, or any motor vehicle, the right to operate which has been suspended or revoked.

      (b) (1) Except as provided in subsection (c) of this section, any person who violates any provision of subsection (a) of this section shall, for a first offense, be fined not less than one hundred fifty dollars or more than two hundred dollars or imprisoned not more than ninety days, or be both fined and imprisoned, and, for any subsequent offense, shall be fined not less than two hundred dollars or more than six hundred dollars or imprisoned not more than one year, or be both fined and imprisoned.

      (2) Except as provided in subsection (c) of this section, in addition to the penalty prescribed under subdivision (1) of this subsection, any person who violates any provision of subsection (a) of this section who (A) has, prior to the commission of the present violation, committed a violation of subsection (a) of this section or section 14-36 shall be fined not more than five hundred dollars or sentenced to perform not more than one hundred hours of community service, or (B) has, prior to the commission of the present violation, committed two or more violations of subsection (a) of this section or section 14-36, or any combination thereof, shall be sentenced to a term of imprisonment of ninety days which may not be suspended or reduced in any manner.

      (c) Any person who operates any motor vehicle during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation on account of a violation of subsection (a) of section 14-227a or section 53a-56b or 53a-60d or pursuant to section 14-227b, shall be fined not less than five hundred dollars or more than one thousand dollars and imprisoned not more than one year, and, in the absence of any mitigating circumstances as determined by the court, thirty consecutive days of the sentence imposed may not be suspended or reduced in any manner. The court shall specifically state in writing for the record the mitigating circumstances, or the absence thereof.

      (1949 Rev., S. 2420; 1957, P.A. 421; P.A. 82-258; P.A. 83-534, S. 3; P.A. 85-387, S. 2; P.A. 89-314, S. 3, 5; P.A. 97-291, S. 4, 5; P.A. 03-233, S. 2; P.A. 04-257, S. 100; P.A. 05-215, S. 4.)

      History: P.A. 82-258 increased the minimum penalty for a first offense from one hundred to one hundred fifty dollars, and increased the maximum penalty for a subsequent offense from five hundred to six hundred dollars and from three months to one year imprisonment; P.A. 83-534 added Subsec. (c) re increased penalties when the reason for the suspension or revocation was operation of a motor vehicle while under the influence, refusal to submit to a blood alcohol test or manslaughter or assault with a motor vehicle while intoxicated; P.A. 85-387 amended Subsec. (c) to increase from five to thirty days the period of imprisonment which may not be suspended or reduced; P.A. 89-314 amended Subsec. (c) to replace reference to a suspension or revocation "on account of a violation of subsection (d) or (f) of section 14-227b" with "pursuant to section 14-227b" and to specify that the period of imprisonment which may not be suspended or reduced is thirty "consecutive" days; P.A. 97-291 amended Subsec. (c) to provide that the nonsuspendable sentence of thirty consecutive days is imposed in the absence of any mitigating circumstances as determined by the court and to require the court to specifically state in writing for the record the mitigating circumstances, or absence thereof, effective July 8, 1997; P.A. 03-233 amended Subsec. (a) to add "except as provided in section 14-215a"; P.A. 04-257 made technical changes in Subsecs. (b) and (c), effective June 14, 2004; P.A. 05-215 amended Subsec. (b) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re additional penalties for persons who have one or more prior violations of Subsec. (a) or Sec. 14-36.

      See Sec. 14-111(b), (h), (k) re suspension or revocation of driver's license.

      See Sec. 14-227h re impoundment of motor vehicle in certain cases.

      Cited. 159 C. 549. Cited. 209 C. 98. Cited. 226 C. 191. Cited. 234 C. 301. Defendant's knowledge that her license has been suspended is not an essential element of the crime of operating vehicle with a suspended license. 245 C. 442.

      Cited. 12 CA 338. Cited. 21 CA 496. Cited. 23 CA 50. Cited. 24 CA 438. Cited. 26 CA 716. Cited. 31 CA 797. Cited. 34 CA 557. Cited. 36 CA 710. Cited. 45 CA 12. Plain meaning of section is to give state authority to prosecute any person who operates a motor vehicle outside scope of work permit while license under suspension. 53 CA 23. Legislature did not include language within section indicating that a work permit issued pursuant to Sec. 14-37a is an affirmative defense to a violation of section. Id. One whose operator's license is under suspension violates section whenever he operates a motor vehicle, regardless of whether it is operated on public or private property. 72 CA 127.

      Suspension extends beyond period for which license issued. 16 CS 178. A person who manipulates the steering wheel as it is being pushed along a public highway by a second car is operating a motor vehicle within the meaning of this section. 22 CS 494. One who operates a car in this state while his right to operate remains under suspension may be convicted under this section, even though he has in the meantime moved to another state and obtained a license in that state. 23 CS 26. Cited. 24 CS 347. Arrest for violation of this statute did not justify search of car without a warrant. 25 CS 229. Cited. 36 CS 586. Cited. 38 CS 384; Id., 472. It is not obligatory for state to prove commissioner's action in suspending a license is valid where prosecution is for driving while under suspension. Time to contest validity of suspension is when it occurs. 39 CS 381.

      No conviction unless operation on public highway. 2 Conn. Cir. Ct. 79. Cited. Id., 520. Since a running engine means "operating" within the meaning of the statute, a turning off of the engine would be as much a part of operation. Id., 662. What constitutes a "public highway" for the purposes of a conviction under this section. Id. Cited. Id., 684. Cited. 3 Conn. Cir. Ct. 110; Id., 467; Id., 586. Cited. 4 Conn. Cir. Ct. 253; Id., 408. Operation of motor vehicle during period of license suspension not violation of statute when under direct order of police official. Id., 424, 428, 431. Ownership of vehicle not required element of violation. Id., 431. That suspension of driver's license was not known to him as notice of suspension was mailed to his last address after he had moved therefrom was no defense in a trial for violation of this section. 5 Conn. Cir. Ct. 72. That defendant obtained a provisional license while his license was suspended under this section is no defense. Id. Cited. Id., 161. Motorcycles are motor vehicles within the meaning of this statute and revocation of a license applies to motorcyclist's license as well as motor vehicle operator's license. Id., 219. Operation of motor vehicle, defined. 6 Conn. Cir. Ct. 639.

      Subsec. (a):

      Cited. 216 C. 172. Cited. 229 C. 824.

      Cited. 19 CA 594. Cited. 30 CA 742.

      Subsec. (b):

      Cited. 229 C. 824.

      Cited. 9 CA 686. Cited. 31 CA 797.

      Subsec. (c):

      Violation of statute was a "crime" for purposes of qualifying for alcohol abuse treatment program under Secs. 17a-648 to 17a-658, inclusive. 226 C. 191. Cited. 227 C. 914. Cited. 229 C. 824. Cited. 230 C. 427. Work permit exception under Sec. 14-37a constitutes an affirmative defense, for which defendant bears the burden of persuasion, to a violation of this subsection. 254 C. 107.

      Cited. 9 CA 686. Violation is crime within purposes of Secs. 17a-648 through 17a-658. 27 CA 225. Cited. 32 CA 1. Cited. 40 CA 420; Id., 724. Cited. 45 CA 722. Statute not rendered unconstitutionally vague by Sec. 14-37a. 57 CA 541.

      Sec. 14-215a. Operation while license is suspended pursuant to section 14-140. (a) No person whose operator's license or right to operate a motor vehicle in this state has been suspended pursuant to section 14-140 shall operate any motor vehicle during the period of such suspension.

      (b) Any person who violates the provisions of subsection (a) of this section shall, for a first offense, be fined not less than one hundred fifty dollars or more than two hundred dollars or imprisoned not more than ninety days, or both, and, for any subsequent offense, be fined not less than two hundred dollars or more than six hundred dollars or imprisoned not more than one year, or both.

      (P.A. 03-233, S. 1; 03-278, S. 131; P.A. 04-257, S. 86.)

      History: P.A. 03-278 amended Subsec. (a) by deleting "for failure to appear for any scheduled court appearance"; P.A. 04-257 made technical changes in Subsec. (b), effective June 14, 2004.

      Sec. 14-215b. Operation after expiration of period of suspension and without obtaining reinstatement of license. Any person whose motor vehicle operator's license has been suspended who operates a motor vehicle after the expiration of such period of suspension without obtaining the reinstatement of such license shall (1) during the first sixty days after such expiration, be deemed to have failed to renew such license and be subject to the penalty for failure to renew a motor vehicle operator's license under subsection (c) of section 14-41, and (2) after said sixty-day period, be subject to the penalty for operating a motor vehicle without a license under section 14-36. Any operator so charged shall not be prosecuted under section 14-215 for the same act constituting a violation under this section.

      (P. A. 05-215, S. 1.)

      Sec. 14-216. Operation by persons under eighteen without insurance. No person under the age of eighteen years shall operate any motor vehicle upon the highways of this state, and no person shall cause or permit such operation of any motor vehicle by any such person, unless such motor vehicle has been insured for the amounts required by section 14-112. Violation of any provision of this section shall be an infraction. This section shall not apply to any motor vehicle bearing farm registration plates.

      (1949 Rev., S. 2419; 1957, P.A. 334; P.A. 76-381, S. 9.)

      History: P.A. 76-381 replaced provision for hundred dollar fine and/or thirty days' imprisonment with statement that violation deemed an infraction.

      See chapter 881b re infractions of the law.

      Mere fact that owner's son, admittedly under 16, was operator of car does not ipso facto establish violation by owner. 18 CS 41.

      Sec. 14-217. Operator to give name and address and show or surrender license, registration and insurance identification card when requested. No person who is operating or in charge of any motor vehicle, when requested by any officer in uniform, by an agent authorized by the commissioner who presents appropriate credentials or, in the event of any accident in which the car he is operating or in charge of is concerned, when requested by any other person, may refuse to give his name and address or the name and address of the owner of the motor vehicle or give a false name or address, or refuse, on demand of such officer, agent or other person, to produce his motor vehicle registration certificate, operator's license and any automobile insurance identification card for the vehicle issued pursuant to section 38a-364 or to permit such officer, agent or such other person to take the operator's license, registration certificate and any such insurance identification card in hand for the purpose of examination, or refuse, on demand of such officer, agent or such other person, to sign his name in the presence of such officer, agent or such other person. No person may refuse to surrender his license to operate motor vehicles or the certificate of registration of any motor vehicle operated or owned by him or such insurance identification card or the number plates furnished by the commissioner for such motor vehicle on demand of the commissioner or fail to produce his license when requested by a court. Violation of any provision of this section shall be an infraction.

      (1949 Rev., S. 2406; 1961, P.A. 517, S. 77; P.A. 76-381, S. 10; P.A. 79-577, S. 7, 8; P.A. 81-172, S. 13; P.A. 93-297, S. 8, 29.)

      History: 1961 act removed obsolete reference to trial justice; P.A. 76-381 deleted provision for fifty dollar fine and/or thirty days' imprisonment with statement that violation deemed an infraction; P.A. 79-577 included no-fault insurance identification cards in documents which may be required; P.A. 81-172 authorized motor vehicle agents to request the production of a license, registration and no-fault insurance identification card; P.A. 93-297 deleted term "no-fault" in description of insurance identification card, effective January 1, 1994, and applicable to acts or omissions occurring on or after said date.

      See chapter 881b re infractions of the law.

      Cited. 161 C. 371. Cited. 181 C. 299.

      Cited. 24 CA 438. Cited. 30 CA 742. Cited. 45 CA 303.

      Operator's license is privilege granted by state, not a right, and subject to reasonable restrictions. 4 Conn. Cir. Ct. 385, 389, 394. Roadblock stopping by state police is valid exercise of police power. Id.

      Sec. 14-218. Negligent homicide. Section 14-218 is repealed.

      (1949 Rev., S. 2415; 1949, S. 1316d; 1971, P.A. 30.)

      See Sec. 14-222a.

      Sec. 14-218a. Traveling unreasonably fast. Establishment of speed limits. (a) No person shall operate a motor vehicle upon any public highway of the state, or road of any specially chartered municipal association or any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any parking area as defined in section 14-212, or upon a private road on which a speed limit has been established in accordance with this subsection, or upon any school property, at a rate of speed greater than is reasonable, having regard to the width, traffic and use of highway, road or parking area, the intersection of streets and weather conditions. The State Traffic Commission may determine speed limits which are reasonable and safe on any state highway, bridge or parkway built or maintained by the state, and differing limits may be established for different types of vehicles, and may erect or cause to be erected signs indicating such speed limits. The traffic authority of any town, city or borough may establish speed limits on streets, highways and bridges or in any parking area for ten cars or more or on any private road wholly within the municipality under its jurisdiction; provided such limit on streets, highways, bridges and parking areas for ten cars or more shall become effective only after application for approval thereof has been submitted in writing to the State Traffic Commission and a certificate of such approval has been forwarded by the commission to the traffic authority; and provided such signs giving notice of such speed limits shall have been erected as the State Traffic Commission directs, provided the erection of such signs on any private road shall be at the expense of the owner of such road. The presence of such signs adjacent to or on the highway or parking area for ten cars or more shall be prima facie evidence that they have been so placed under the direction of and with the approval of the State Traffic Commission. Approval of such speed limits may be revoked by said commission at any time if it deems such revocation to be in the interest of public safety and welfare, and thereupon such speed limits shall cease to be effective and any signs that have been erected shall be removed. Any speed in excess of such limits, other than speeding as provided for in section 14-219, shall be prima facie evidence that such speed is not reasonable, but the fact that the speed of a vehicle is lower than such limits shall not relieve the operator from the duty to decrease speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

      (b) The State Traffic Commission shall establish a speed limit of sixty-five miles per hour on any multiple lane, limited access highways that are suitable for a speed limit of sixty-five miles per hour, taking into consideration relevant factors including design, population of area and traffic flow.

      (c) Any person who operates a motor vehicle at a greater rate of speed than is reasonable, other than speeding, as provided for in section 14-219, shall commit the infraction of traveling unreasonably fast.

      (P.A. 75-577, S. 7, 126; P.A. 77-103; 77-340, S. 4; P.A. 84-429, S. 65; P.A. 98-181, S. 1.)

      History: P.A. 77-103 clarified proviso re effective date of speed limits; P.A. 77-340 replaced first reference to parking areas for ten or more cars with parking areas as defined in Sec. 14-219a and specified infraction in Subsec. (b) as infraction "of traveling unreasonably fast"; P.A. 84-429 made technical changes for statutory consistency; P.A. 98-181 added new Subsec.(b) requiring the State Traffic Commission to establish a speed limit of sixty-five miles per hour on multiple lane, limited access highways determined to be suitable for said speed limit, relettering former Subsec. (b) as Subsec. (c).

      See chapter 881b re infractions of the law.

      See Sec. 14-111g re operator's retraining program.

      Cited. 181 C. 515. Cited. 208 C. 94. Cited. 234 C. 660.

      Cited. 5 CA 434. Cited. 9 CA 825. Cited. 29 CA 791. Cited. 30 CA 810. Cited. 33 CA 44. Cited. 34 CA 189. Cited. 46 CA 633.

      Cited. 38 CS 426. Cited. 39 CS 313.

      Subsec. (a):

      Cited. 38 CA 322.

      Subsec. (b):

      Cited. 37 CA 85.

      Sec. 14-219. Speeding. (a) No person shall operate any motor vehicle (1) upon any highway, road or any parking area for ten cars or more, at such a rate of speed as to endanger the life of any occupant of such motor vehicle, but not the life of any other person than such an occupant; or (2) at a rate of speed greater than fifty-five miles per hour upon any highway other than a highway specified in subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subsection; or (3) at a rate of speed greater than sixty-five miles per hour upon any highway specified in subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subsection.

      (b) Any person who operates a motor vehicle (1) on a multiple lane, limited access highway other than a highway specified in subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subsection at a rate of speed greater than fifty-five miles per hour but not greater than seventy miles per hour or (2) on a multiple lane, limited access highway specified in subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subsection at a rate of speed greater than sixty-five miles per hour but not greater than seventy miles per hour or (3) on any other highway at a rate of speed greater than fifty-five miles per hour but not greater than sixty miles per hour, shall commit an infraction, provided any such person operating a truck, as defined in section 14-260n, shall have committed a violation and shall be fined not less than one hundred dollars nor more than one hundred fifty dollars.

      (c) Any person who violates any provision of subdivision (1) of subsection (a) of this section or who operates a motor vehicle (1) on a multiple lane, limited access highway at a rate of speed greater than seventy miles per hour but not greater than eighty-five miles per hour or (2) on any other highway at a rate of speed greater than sixty miles per hour but not greater than eighty-five miles per hour shall be fined not less than one hundred dollars nor more than one hundred fifty dollars, provided any such person operating a truck, as defined in section 14-260n, shall be fined not less than one hundred fifty dollars nor more than two hundred dollars.

      (d) No person shall be subject to prosecution for a violation of both subsection (a) of this section and subsection (a) of section 14-222 because of the same offense.

      (e) Notwithstanding any provision of the general statutes to the contrary, any person who violates subdivision (1) of subsection (a) of this section, subdivision (1) or (2) of subsection (b) of this section while operating a truck, as defined in section 14-260n, or subdivision (1) of subsection (c) of this section while operating a motor vehicle or a truck, as defined in section 14-260n, shall follow the procedures set forth in section 51-164n.

      (1949 Rev., S. 2407; 1961, P.A. 379, S. 2; 517, S. 15; 1963, P.A. 289; 595; February, 1965, P.A. 92; 1969, P.A. 450, S. 1, 2; 670, S. 1, 2; P.A. 73-253, S. 1; P.A. 75-577, S. 6, 126; P.A. 79-609, S. 1; P.A. 80-276, S. 1, 6; P.A. 84-372, S. 5, 9; P.A. 90-213, S. 7; P.A. 98-181, S. 2.)

      History: 1961 acts amended Subsec. (a) to add parking areas for ten cars or more and deleted exception for Merritt Parkway from first sentence of Subsec. (b); 1963 acts established maximum speed limits in Subsec. (a)(2) and added roads of specially chartered municipal associations; 1965 act added district roads to Subsec. (a); 1969 acts amended Subsecs. (a) and (b) to add provisions re private roads and to establish speed limits applicable to commercial vehicles; P.A. 73-253 prohibited operation of vehicle at greater than reasonable speed on school property; P.A. 75-577 deleted provisions of Subsec. (a) re operation at greater than reasonable speed, deleted Subsec. (b) re determination of speed limits and relettered former Subsec. (c) as Subsec. (b); P.A. 79-609 reduced speed limit from seventy to fifty-five miles per hour with limit being generally applicable, special limit provisions were deleted; P.A. 80-276 inserted new Subsec. (b) re offenses deemed infractions and expanded Subsec. (c) re speeding offenses and replaced one-hundred-dollar maximum fine with one-hundred-dollar minimum fine and one-hundred-fifty-dollar maximum fine; P.A. 84-372 established higher penalties for person operating a truck; P.A. 90-213 amended Subdivs. (1) and (2) of Subsec. (c) to establish a maximum speed of eighty-five miles per hour and added Subsec. (e) to require a person who violates Subdiv. (1) of Subsec. (a), Subdiv. (1) of Subsec. (b) while operating a truck, or Subdiv. (1) of Subsec. (c) while operating a motor vehicle or truck to follow the procedures set forth in Sec. 51-164n; P.A. 98-181 amended Subsec. (a) to exclude from Subdiv. (2) a highway for which a speed limit has been established in accordance with Sec. 14-218a(b) and to add Subdiv. (3) prohibiting operation at a rate of speed greater than sixty-five miles per hour on a highway for which a speed limit has been established in accordance with Sec. 14-218a(b), amended Subsec. (b) to exclude from Subdiv. (1) a highway for which a speed limit has been established in accordance with Sec. 14-218a(b) and to add Subdiv. (2) prohibiting operation on a multiple lane, limited access highway for which a speed limit has been established in accordance with Sec. 14-218a(b) at a rate of speed greater than sixty-five miles per hour but not greater than seventy miles per hour, renumbering former Subdiv. (2) as Subdiv. (3), and amended Subsec. (e) to include a violation of Subdiv. (2) of Subsec. (b) while operating a truck.

      See Sec. 14-107 re liability of owner, operator or lessee of vehicle.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-219c re use of radar to support conviction.

      See Sec. 14-222 re penalty for operation at rate of speed greater than eighty-five miles per hour.

      The effect of exceeding former statutory speed limits. 81 C. 500; 90 C. 707; 98 C. 490; 99 C. 727; 106 C. 386. Former statute applied. 102 C. 44. Excessive speed and failure to look ahead. 105 C. 693. Duty of driver to keep reasonable lookout. 108 C. 508, 546, 560. Permissible rate of speed depends on existing conditions. Id., 706. Endangering life of occupant of vehicle being driven should be distinguished from endangering life of another, which is a violation of section 14-222. 124 C. 270. Cited. 125 C. 448. Where jury was cautioned that plaintiff was limited to negligence specified in complaint, it was not prejudicial to read inapplicable portion of statute. Id., 512. Cited. 139 C. 719. Cited. 140 C. 274. Trier to decide whether the speed was actually unreasonable under all the circumstances. 146 C. 470. If plaintiff's speed was unreasonable, it cannot be said that as a matter of law, under the circumstances of the case, the excess speed was a proximate cause of the collision. Id. Violation constitutes negligence per se. 147 C. 644. Cited. 148 C. 456. Prima facie evidence discussed. Id., 481. Cited. 149 C. 385. Court may take judicial notice that radar is an accurate speed-measuring principle. 153 C. 365. Cited. 154 C. 100. Cited. 170 C. 495. Cited. 202 C. 629. Cited. 208 C. 94. Cited. 209 C. 98.

      Cited. 27 CA 346. Cited. 29 CA 791.

      Right of Merritt Parkway Commission to fix speed limits under former statute discussed. 7 CS 165. Cited. 16 CS 398. Prima facie presumption that driving at rate of speed exceeding posted speed limit is not reasonable. Proof of favorable conditions is effective neither to rebut, as a matter of law, state's prima facie case nor to constitute, as a matter of law, a defense to a prosecution under this section. 22 CS 464. Cited. 23 CS 303, 342. Passing at speed in excess of posted speed limit and returning to right-hand lane are among circumstances for trier to consider in determining reasonableness of speed. Id., 437. Court may take judicial notice of regulations of state traffic commission. Id. Radar can show speed, and it is for the trier to believe or disbelieve testimony with regard to the accuracy of the radar. 24 CS 13. Cited. Id., 91, 124, 160, 167, 345. Plea of guilty and absence of affidavit of explanation can result in inference that speeding was proximate cause of accident. 25 CS 380. Cited. 26 CS 513. Officer's testimony that speedometer had recently been tested satisfies requirement in speeding prosecutions of some showing of instrument's accuracy prior to admissibility. 37 CS 601. Cited. 39 CS 313.

      Speed recorded on radar unit admissible in evidence if accuracy of unit is established and car identified. 2 Conn. Cir. Ct. 68. Defendant has right, prior to trial, to inspect radar equipment. Id., 369. Not abuse of discretion to refuse postponement of trial when request made during trial. Id. Speeding violation may be established by circumstantial evidence. Id., 439. Where facts conflict with witnesses' estimates of speed, the facts control. Id. It is for the trier to decide under all the circumstances, some of which may be favorable to the driver, whether the speed was greater than was reasonable at the time. Id., 644. Cited. 3 Conn. Cir. Ct. 461 (fn). Testimony of state trooper as to speed of defendant's vehicle during "clocking" period is admissible although no foundation has been laid to establish accuracy of device by which trooper reached his conclusion. Id., 566, 568. Speedometer reading is only prima facie evidence. Trier of facts shall determine its credibility. Id. Operation of police radar requires no technical knowledge of radar science. Id., 575, 577. Individual graphic record containing alleged speed of defendant is admissible without producing graphic record covering entire period of operation. Id. Prima facie evidence of defendant's speed of seventy miles an hour as unreasonable is rebuttable but casts on defendant burden of going forward with the evidence his speed was reasonable under the conditions. 4 Conn. Cir. Ct. 93. It is not double jeopardy to prosecute offender for two successive speeding offenses in different towns in same hour of one day. Id., 102. Court will judicially notice that radar instrument measures speed accurately. Id., 109. Expressed intent of legislature was to distinguish between the types of highways described in statute. Id., 374. Cited. Id., 499 (fn). This statute does not go much beyond the common law rule and the jury must decide whether defendant's speed was negligent under the circumstances. Id., 671. Failure of officer issuing summons to defendant to correctly identify him in court or trial did not affect the establishment of the identity of the driver where defendant had entered a general appearance and appeared for trial. Id., 697. Where there was no evidence of the testing of the speedometer of the state trooper within a reasonable time before the clocking of the defendant's car, evidence of the clocked speed was inadmissible. 5 Conn. Cir. Ct. 190. Cited. Id., 333. Defense of entrapment must establish the criminal design arose solely in the mind of the police. Id., 379. In a trial for violation of this section, the court may not direct the jury to find a verdict of guilty even where there was a stipulation of all facts. Id., 223. Cited. Id., 618. Cited. 6 Conn. Cir. Ct. 161, 162. No clocked measurements are necessary to establish prima facie evidence of speed in excess of the maximum limits. Id., 334. Cited. Id., 560, 599.

      Subsec. (a):

      Each of the two sentences in this subsection states a separate interdict. 144 C. 399. Violation of this subsection would be negligence per se. 165 C. 635. Subdiv. (1) cited. 176 C. 451.

      Cited. 34 CA 201.

      Subdiv. (2) cited. 3 Conn. Cir. Ct. 580; 4 Conn. Cir. Ct. 516. In crime of speeding which is malum prohibitum the intent to do the prohibited act is only intent necessary for conviction and motive of defendant is of no consequence. Id., 573.

      Subsec. (b):

      Degree of excess speed over posted limit is factor to be considered by trier in determining whether, under all circumstances, a motor vehicle has been operated at greater than reasonable speed. 144 C. 399. Violation of posted speed limit not negligence per se. 165 C. 635.

      History discussed; state traffic commission has authority to post speed limits on Merritt Parkway and it is proper to admit evidence of posted speed. 23 CS 468.

      Subsec. (c):

      Cited. 14 CA 816. Cited. 17 CA 416. Cited. 19 CA 432.

      Cited. 34 CA 201. Cited. 46 CA 633.

      Cited. 41 CS 356.

      Sec. 14-219a. Parking area defined. Section 14-219a is repealed.

      (1961, P.A. 379, S. 1; P.A. 77-340, S. 5; P.A. 84-429, S. 78.)

      See Sec. 14-212 for definition of "parking area".

      Sec. 14-219b. Limitation of municipal liability. Nothing in section 14-218a, subsection (a) of section 14-222 or subsection (a) of section 14-227a shall be construed to impose any liability upon any municipality as a result of its establishing a speed limit upon any private road within its jurisdiction as provided by section 14-218a.

      (1969, P.A. 450, S. 5; P.A. 77-340, S. 6.)

      History: P.A. 77-340 replaced references to Sec. 14-219 with references to Sec. 14-218a.

      Sec. 14-219c. Use of speed monitoring devices to support a conviction. A prima facie presumption of accuracy sufficient to support a conviction under section 14-219 will be accorded to a radar, speed monitoring laser, vascar device or any other speed monitoring device approved by the Commissioner of Public Safety only upon testimony by a competent police officer that: (1) The police officer operating the radar, laser, vascar device or other device has adequate training and experience in its operation; (2) the radar, laser, vascar device or other device was in proper working condition at the time of the arrest, established by proof that suggested methods of testing the proper functioning of the device were followed; (3) the radar, laser, vascar device or other device was used in an area where road conditions provide a minimum possibility of distortion; (4) if moving radar was used, the speed of the patrol car was verified; and (5) the radar, laser, vascar device or other device was expertly tested within a reasonable time following the arrest, and such testing was done by means which do not rely on the internal calibrations of such radar, laser, vascar device or other device.

      (P.A. 79-609, S. 3; P.A. 92-141, S. 2, 3; P.A. 94-189, S. 13.)

      History: P.A. 92-141 added references to lasers, vascar devices or other speed monitoring devices approved by the commissioner of public safety; P.A. 94-189 amended Subdiv. (4), eliminating the reference to "laser, vascar device or other device" since only when moving radar is used is the speed of the patrol car a factor.

      Statute does not set out a test for admissibility of laser readings; purpose of statute is to provide a presumption of accuracy for laser readings when state satisfies the five conditions contained in the statute. 70 CA 223.

      Statute refers to the accuracy of radar readings and does not purport to create any prima facie presumptions with respect to the accuracy of a patrol car's speedometer. 37 CS 601. Court held to be reasonable in time test for accuracy conducted three weeks after the arrest. 39 CS 313.

      Sec. 14-220. Slow speed. (a) No person shall operate a motor vehicle at a speed lower than forty miles per hour on any limited access divided highway and no person shall operate a motor vehicle on any other highway at such a slow speed as to impede or block the normal and reasonable movement of traffic except, in either case, when reduced speed is necessary for safe operation or in an emergency, or in compliance with the law or the direction of an officer. The provisions of this section shall not apply to (1) maintenance vehicles or equipment of the state or any municipal highway department, or to such vehicles or equipment of a contractor under contract with any such department while engaged in maintenance operations; (2) any motor vehicle with a commercial registration which while traveling on any limited access divided highway is unable to maintain the minimum speed limit of forty miles per hour due to the gradient, or to any such vehicle which while traveling on any other highway is being driven at such a slow speed as to obstruct or endanger following traffic, provided the operator thereof employs flashing lights on such motor vehicle.

      (b) The operator of any motor vehicle having a gross weight of more than twenty-five thousand pounds shall also employ flashing lights when the vehicle is traveling on a limited access divided highway and maintaining a speed higher than forty miles per hour but lower than the speed of the traffic on the highway due to the gradient.

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

      (1957, P.A. 136; 1967, P.A. 875; 1971, P.A. 618, S. 1; P.A. 75-577, S. 68, 126; P.A. 84-278; P.A. 90-263, S. 66, 74.)

      History: 1967 act set minimum speed of forty on limited access divided highways; 1971 act excluded from provisions commercial vehicles unable to maintain speed on grades and vehicles using flashing lights; P.A. 75-577 added statement that violation of provisions is an infraction; P.A. 84-278 divided section into Subsecs. and added new language in Subsec. (b), requiring operators of certain commercial motor vehicles to use flashing lights while traveling faster than forty miles per hour but slower than the speed of traffic due to the gradient; P.A. 90-263 amended Subdiv. (2) of Subsec. (a) to substitute phrase "motor vehicle with a commercial registration" for "commercial motor vehicle" and to delete other references to "commercial" motor vehicle.

      See chapter 881b re infractions of the law.

      Requirement that there be a written request to charge on legal principle involved in a statute (Practice Book, section 250) is especially applicable to this section. 154 C. 381.

      Cited. 30 CA 742.

      Sec. 14-221. Low-speed vehicles carrying passengers for hire. No person shall operate on any highway any vehicle which travels at a normal rate of speed of not more than fifteen miles per hour, when transporting persons for hire or when transporting three or more persons for pleasure purposes, whether or not for hire, unless he has obtained a permit from the traffic authority of each city, town and borough in which the vehicle is to be operated. Such permit shall include reasonable restrictions and may require the temporary installation and use of such additional lighting equipment as such traffic authority deems to be essential for the safety of the persons being transported from one-half hour after sunset to one-half hour before sunrise or whenever smoke or weather conditions render it impossible to see at least two hundred feet ahead of such vehicle. Violation of any provision of this section shall be an infraction.

      (1953, S. 1379d; P.A. 75-577, S. 69, 126; P.A. 85-174, S. 1, 2.)

      History: P.A. 75-577 added statement that violation of provisions is an infraction; P.A. 85-174 eliminated the limitation on the permit to one round trip per day and provided that the permit shall include reasonable restrictions.

      See chapter 881b re infractions of the law.

      Sec. 14-222. Reckless driving. (a) No person shall operate any motor vehicle upon any public highway of the state, or any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property recklessly, having regard to the width, traffic and use of such highway, road, school property or parking area, the intersection of streets and the weather conditions. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at such a rate of speed as to endanger the life of any person other than the operator of such motor vehicle, or the operation, downgrade, upon any highway, of any motor vehicle with a commercial registration with the clutch or gears disengaged, or the operation knowingly of a motor vehicle with defective mechanism, shall constitute a violation of the provisions of this section. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at a rate of speed greater than eighty-five miles per hour shall constitute a violation of the provisions of this section.

      (b) Any person who violates any provision of this section shall be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned for the first offense and for each subsequent offense shall be fined not more than six hundred dollars or imprisoned not more than one year or be both fined and imprisoned.

      (1949 Rev., S. 2408; 1961, P.A. 379, S. 3; 1963, P.A. 290; February, 1965, P.A. 224; 1969, P.A. 450, S. 3; 1971, P.A. 31; P.A. 73-253, S. 2; P.A. 77-340, S. 7; P.A. 81-268, S. 1; P.A. 90-213, S. 8; 90-263, S. 67, 74.)

      History: 1961 act amended Subsec. (a) to include parking areas for ten or more cars; 1963 act amended Subsec. (a) to include roads of specially chartered municipal associations; 1965 act added district roads to Subsec. (a); 1969 act prohibited operating vehicle recklessly on private roads with established speed limits; 1971 act replaced "occupant" with "operator" in Subsec. (a) provision re endangerment; P.A. 73-253 prohibited operating vehicle recklessly on school property; P.A. 77-340 replaced reference to Sec. 14-219 in Subsec. (a) with reference to Sec. 14-218a; P.A. 81-268 amended Subsec. (b) by establishing a minimum fine of one hundred dollars and increasing the maximum fine from one hundred to three hundred dollars for first offenses, and increasing the maximum fine for subsequent offenses from two hundred to six hundred dollars; P.A. 90-213 amended Subsec. (a) to add provision that operation of a motor vehicle at a rate of speed greater than eighty-five miles per hour constitutes a violation of the section; P.A. 90-263 amended Subsec. (a) to substitute phrase "motor vehicle with a commercial registration" for "commercial motor vehicle".

      See Sec. 14-107 re liability of owner, operator or lessee of vehicle.

      See Sec. 14-111(b), (k) re suspension or revocation of operator's license.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-112(a) re proof of financial responsibility.

      See Sec. 14-219b re limitation of municipal liability.

      Criminal homicide by reckless driving. 82 C. 671; 83 C. 437; 108 C. 212. Former statute applied. 93 C. 254. Violation does not entitle injured person to recover treble damages. Id., 249. Doing any act prohibited by motor vehicle laws is negligence of itself, and is actionable when proximate cause of injury. 98 C. 495; 99 C. 727. Driving down icy hill in high gear. 105 C. 669. Reckless driving does not lie in speed alone, but in that and other circumstances which together show reckless disregard of consequences. 108 C. 214. Contributory negligence, while not a defense to action for reckless misconduct, is a defense to action for negligence consisting in part of violation of this statute. 116 C. 475; 123 C. 211. Negligence as a prerequisite for finding statute was violated. 117 C. 616. Cited. 119 C. 314. Where complaint had no allegation of reckless driving, court properly omitted reading portion of statute referring to it. 123 C. 177. Operating recklessly is operating without regard for safety of others. Id., 212. If speed in passing vehicle was not such as to endanger any of its occupants, it did not constitute reckless driving. 124 C. 270. Where jury was cautioned that plaintiff was limited to negligence specified in complaint, it was not prejudicial to read inapplicable portion of statute. 125 C. 512. Violation of this statute not necessarily established by fact only that defendant was driving under influence of liquor; or only that car was going at high rate of speed. 132 C. 227. Excessive speed passing trolley car may be reckless driving. Id., 248. Cited. 139 C. 719; 149 C. 385. The allegations of plaintiff's complaint that defendant was negligent because of actions including violations of this statute were not sufficient to permit recovery upon the ground of reckless and wanton misconduct by the defendant. 159 C. 91. Cited. 162 C. 565. Plaintiff's waiver of representation by counsel at hearing where his license was suspended for contributing to accidental death precludes later claim of denial of procedural due process. 168 C. 94. Police officer's failure to enforce this statute discussed. 187 C. 147 (Diss. Op.). Cited. 202 C. 629. Cited. 203 C. 305. Cited. 208 C. 94. Cited. 226 C. 191. Cited. 230 C. 427. Cited. 240 C. 489.

      Cited. 9 CA 686. Cited. 12 CA 306. Cited. 14 CA 347. Cited. 27 CA 225; Id., 377. Cited. 32 CA 1. Cited. 33 CA 49. Cited. 36 CA 710. Cited. 38 CA 8; judgment reversed, see 236 C. 18; Id., 85. Cited. 41 CA 664. Evidence is sufficient to prove defendant operated motor vehicle recklessly or at such a rate of speed as to endanger the life of another when state proves, beyond a reasonable doubt, that defendant ignored posted warning signs, drove well in excess of the posted speed limit and operated vehicle in such a reckless manner as to endanger the lives of the passengers. 51 CA 463.

      Operating recklessly within the meaning of this section requires a conscious choice of action either with knowledge of the serious danger to others involved in it or with knowledge of facts which would disclose this danger to a reasonable man. There must be something more than a failure to use reasonable care, something more than gross negligence. 22 CS 391. Neither speed nor driving under the influence of liquor would alone be sufficient for a conviction for reckless driving, but such circumstances in conjunction with other circumstances can be taken into consideration in determining whether a defendant showed a reckless disregard of consequences. Id., 400. Nature of reckless misconduct discussed. 24 CS 108. Cited. Id., 156. Cited. 26 CS 184. The misconduct of the plaintiff was simple negligence and not the exacerbated type which is reckless misconduct. 31 CS 325. Cited. 37 CS 661. Cited. 38 CS 549.

      Evidence of injuries received in auto accident relevant in proving offense. 2 Conn. Cir. Ct. 446. Reckless driving does not lie in speed alone but in speed and other circumstances which, together, show a reckless disregard of circumstances. Id., 501, 502. Cited. Id., 634. To establish violation of first sentence of statute reckless or wanton misconduct must be shown. 3 Conn. Cir. Ct. 25. Guilt might be established under second sentence of statute by evidence which would prove only that life was endangered. Id., 26, 27. Where only evidence relative to defendant's operational conduct is an estimate of his speed at a point 600 feet before accident occurred, evidence held insufficient to warrant conclusion of guilt beyond a reasonable doubt. Id., 28. Cited. Id., 294, 295. Presumption raised by section 14-107 that proof of registration number of motor vehicle shall be prima facie evidence that owner was operator thereof is not violative of due process since there is a rational and reasonable connection between the facts proved and the ultimate fact presumed. Id., 462, 463. Cited. Id., 380. Cited. 4 Conn. Cir. Ct. 499 (fn); Id., 541. Cited. 6 Conn. Cir. Ct. 298.

      Subsec. (a):

      Cited. 198 C. 43. Cited. 236 C. 18.

      Cited. 40 CA 643.

      Defendant who, following another car, bumped it from the rear more than once could reasonably be found guilty of reckless driving under this section. 3 Conn. Cir. Ct. 509, 510.

      Sec. 14-222a. Negligent homicide with a motor vehicle. Any person who, in consequence of the negligent operation of a motor vehicle, causes the death of another person shall be fined not more than one thousand dollars or imprisoned not more than six months or both.

      (P.A. 81-26, S. 1.)

      See Sec. 14-111g re operator's retraining program.

      Cited. 202 C. 629. Cited. 222 C. 444. Cited. 226 C. 191.

      Negligent homicide with a motor vehicle is a lesser included offense of misconduct with a motor vehicle (Sec. 53a-57). 9 CA 686. Cited. 11 CA 122; Id., 473. Cited. 22 CA 108. Cited. 27 CA 225. Cited. 28 CA 283. Cited. 38 CA 322.

      Since motor vehicle violations are specifically excluded from definition of an offense, and, therefore, from definition of a crime, negligent homicide with a motor vehicle is not a crime to which youthful offender status may be applied. 49 CS 170.

      Sec. 14-223. Failure to bring motor vehicle to full stop when signalled. Disregard of signal. Penalty. (a) Whenever the operator of any motor vehicle fails promptly to bring his motor vehicle to a full stop upon the signal of any officer in uniform or prominently displaying the badge of his office, or disobeys the direction of such officer with relation to the operation of his motor vehicle, he shall be deemed to have committed an infraction and be fined thirty-five dollars for a first offense and shall be fined not less than thirty-five dollars nor more than fifty dollars for any subsequent offense.

      (b) No person operating a motor vehicle, when signalled to stop by an officer in a police vehicle using an audible signal device or flashing or revolving lights, shall increase the speed of the motor vehicle in an attempt to escape or elude such police officer. Any person who violates this subsection shall be guilty of a class A misdemeanor, except that, if such violation causes the death or serious physical injury, as defined in section 53a-3, of another person, such person shall be guilty of a class D felony, and shall have such person's motor vehicle operator's license suspended for one year for the first offense, except that the Commissioner of Motor Vehicles may, after a hearing, as provided for in subsection (k) of section 14-111, and upon a showing of compelling mitigating circumstances, reinstate such person's license before the expiration of such one-year period. For any subsequent offense such person shall be guilty of a class D felony, except that if any prior offense by such person under this subsection caused, and such subsequent offense causes, the death or serious physical injury, as defined in section 53a-3, of another person, such person shall be guilty of a class D felony for which one year of the sentence imposed may not be suspended or reduced by the court, and shall have such person's motor vehicle operator's license suspended for not less than eighteen months nor more than two years, except that said commissioner may, after a hearing, as provided for in subsection (k) of section 14-111, and upon a showing of compelling mitigating circumstances, reinstate such person's license before such period.

      (1949 Rev., S. 2409; P.A. 78-372, S. 3, 7; P.A. 82-189; 82-223, S. 15; P.A. 83-577, S. 21; P.A. 96-99; P.A. 99-171, S. 4, 5.)

      History: P.A. 78-372 added Subsec. (b) re attempts to elude police vehicles; P.A. 82-189 amended Subsec. (b) by deleting the reference to intentional disregard and endangerment and increasing the minimum penalties from a minimum fine of one to five hundred dollars and a minimum license suspension from two months to one year for a first offense and a minimum fine from five hundred to one thousand dollars and a minimum license suspension from six to eighteen months for a subsequent offense; P.A. 82-223 amended Subsec. (a) by specifying that the commission of a first offense constituted an infraction, changing the fine from not less than five nor more than twenty-five dollars to twenty-five dollars for a first offense, and increasing the minimum fine for a subsequent offense from ten to twenty-five dollars; P.A. 83-577 amended Subsec. (a) by increasing the fine for a first offense from twenty-five to thirty-five dollars and the minimum fine for a subsequent offense from twenty-five to thirty-five dollars; P.A. 96-99 amended Subsec. (b) by increasing the maximum fine from one thousand to two thousand dollars and establishing a term of imprisonment of not more than one year for a first offense and by establishing a term of imprisonment of not less than one year nor more than five years for a subsequent offense; P.A. 99-171 amended Subsec. (b) by making a violation of this section a class A misdemeanor and deleting specific fine limits and prison terms, by increasing the penalty for violation of this section when such violation causes death or serious injury, by providing for an additional penalty when there is more than one violation of this section causing death or serious injury, and by making technical changes, effective January 1, 2000.

      See Sec. 14-111g re operator's retraining program.

      Cited. 4 Conn. Cir. Ct. 385.

      Subsec. (b):

      Cited. 202 C. 629. Cited. 222 C. 444.

      Cited. 33 CA 49. Cited. 40 CA 762. Sec. 53a-57(a) and this subsec. contain multiple elements that are dissimilar, and the clear language of the statutes themselves is sufficient for a conclusion that they do not impose two punishments for the same act. 84 CA 351.

      Sec. 14-223a. Striking an officer with a motor vehicle. Penalties. Any operator of a motor vehicle who strikes any officer, as defined in section 14-1, or any fire police officer, appointed in accordance with section 7-313a, with such motor vehicle while such officer or fire police officer is engaged in traffic control or regulation, provided such officer is in uniform or prominently displaying the badge of his office and such fire police officer is in compliance with the provisions of section 7-313a, (1) shall be fined not less than one hundred fifty dollars or more than two hundred dollars, and (2) for a subsequent offense, shall be fined not more than two hundred fifty dollars or imprisoned not more than thirty days, or both.

      (P.A. 04-250, S. 4; P.A. 05-152, S. 1; 05-288, S. 60.)

      History: P.A. 05-152 deleted provision re operator deemed to have committed an infraction and made technical changes; P.A. 05-288 made technical changes, effective July 13, 2005.

      Sec. 14-224. Evasion of responsibility in operation of motor vehicles. Racing. Required removal of motor vehicle from traveled portion of highway. (a) Each person operating a motor vehicle who is knowingly involved in an accident which causes serious physical injury, as defined in section 53a-3, to or results in the death of any other person shall at once stop and render such assistance as may be needed and shall give his name, address and operator's license number and registration number to the person injured or to any officer or witness to the death or serious physical injury of any person, and if such operator of the motor vehicle causing the death or serious physical injury of any person is unable to give his name, address and operator's license number and registration number to the person injured or to any witness or officer, for any reason or cause, such operator shall immediately report such death or serious physical injury of any person to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the death or serious physical injury of any person and his name, address, operator's license number and registration number.

      (b) Each person operating a motor vehicle who is knowingly involved in an accident which causes physical injury, as defined in section 53a-3, to any other person or injury or damage to property shall at once stop and render such assistance as may be needed and shall give his name, address and operator's license number and registration number to the person injured or to the owner of the injured or damaged property, or to any officer or witness to the physical injury to person or injury or damage to property, and if such operator of the motor vehicle causing the physical injury of any person or injury or damage to any property is unable to give his name, address and operator's license number and registration number to the person injured or the owner of the property injured or damaged, or to any witness or officer, for any reason or cause, such operator shall immediately report such physical injury of any person or injury or damage to property to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the physical injury of any person or the injury or damage to property and his name, address, operator's license number and registration number.

      (c) (1) No person shall operate a motor vehicle upon any public highway for a wager or for any race or for the purpose of making a speed record.

      (2) No person shall (A) possess a motor vehicle under circumstances manifesting an intent that it be used in a race or event prohibited under subdivision (1) of this subsection, (B) act as a starter, timekeeper, judge or spectator at a race or event prohibited under subdivision (1) of this subsection, or (C) wager on the outcome of a race or event prohibited under subdivision (1) of this subsection.

      (d) Each person operating a motor vehicle who is knowingly involved in an accident on a limited access highway which causes damage to property only shall immediately move or cause his motor vehicle to be moved from the traveled portion of the highway to an untraveled area which is adjacent to the accident site if it is possible to move the motor vehicle without risk of further damage to property or injury to any person.

      (e) No person who acts in accordance with the provisions of subsection (d) of this section may be considered to have violated subsection (b) of this section.

      (f) Any person who violates the provisions of subsection (a) of this section shall be fined not more than ten thousand dollars or be imprisoned not less than one year nor more than ten years or be both fined and imprisoned.

      (g) Any person who violates the provisions of subsection (b) or (c) of this section shall be fined not less than seventy-five dollars nor more than six hundred dollars or be imprisoned not more than one year or be both fined and imprisoned, and for any subsequent offense shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned not more than one year or be both fined and imprisoned.

      (1949 Rev., S. 2410; September, 1957, P.A. 11, S. 8; P.A. 81-268, S. 2; P.A. 82-472, S. 45, 183; P.A. 83-135; 83-534, S. 10; P.A. 94-188, S. 9; P.A. 97-291, S. 3, 5; P.A. 06-173, S. 2.)

      History: P.A. 81-268 amended Subsec. (c) by increasing the minimum fine from fifty to seventy-five dollars and the maximum fine from one hundred to two hundred dollars for first offenses, and increasing the maximum fine for subsequent offenses from two hundred to six hundred dollars; P.A. 82-472 made a technical correction; P.A. 83-135 amended Subsec. (c) by increasing the maximum fine from two hundred to six hundred dollars for a first offense and from six hundred to one thousand dollars for a subsequent offense; P.A. 83-534 inserted new Subsecs. (a) and (d) re evading responsibility in an accident causing serious physical injury or death and the penalty therefor, redesignated the former Subsecs. and limited the former provisions re evading responsibility to accidents causing "physical injury as defined in section 53a-3" or injury or damage to property; P.A. 94-188 inserted new Subsecs. (d) and (e) re removal of vehicle from traveled portion of highway and redesignated the former Subsecs. (d) and (e) as (f) and (g); P.A. 97-291 amended Subsec. (f) to increase the maximum fine from five to ten thousand dollars and the maximum term of imprisonment from five to ten years; P.A. 06-173 amended Subsec. (c) to designate existing provision as Subdiv. (1) and add Subdiv. (2) prohibiting a person possessing a motor vehicle under circumstances manifesting an intent that it be used in a race or event prohibited under Subdiv. (1), acting as a starter, timekeeper, judge or spectator at such a race or event or wagering on the outcome of such a race or event.

      See Secs. 14-107 re liability of owner, operator or lessee of vehicle.

      See Sec. 14-111(b), (h), (k) re suspension or revocation of operator's license.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-112(a) re proof of financial responsibility.

      See Sec. 14-226 re required reporting of injury to dog.

      Failure to stop and assist is not actionable negligence. 123 C. 609. Cited. 136 C. 264. Cited. 145 C. 709. Cited. 203 C. 305. Cited. 219 C. 371. Cited. 227 C. 534. Cited. 240 C. 639.

      Cited. 13 CA 638. Cited. 26 CA 145. Cited. 36 CA 710. Cited. 38 CA 685. Cited. 42 CA 460.

      Charge of evading responsibility dismissed where it could not be ascertained whether pedestrian was dead or alive at time of impact. 18 CS 367. To be convicted defendant must have been knowingly involved in an accident, and accident must have involved injury to some person other than defendant or damage to property other than his. 22 CS 317. Cited. Id., 361, 386. Only intention necessary for violation of this section is the doing of the acts prohibited. 23 CS 284. Cited. Id., 413, 421. An error in judgment or lack of intention is not an excuse for failure to follow the directives of the statute. 24 CS 374. Cited. Id., 397. Cited. 32 CS 650.

      Cited. 2 Conn. Cir. Ct. 19. Even with no communication between the parties, circumstances can indicate a competitive trial of speed where a conviction of racing will lie. Id., 75. If operator knew there was an accident, it is immaterial that he believed no damage resulted. Id., 236. Cited. Id., 503; Id., 588. An error in judgment or lack of intention is not an excuse for failure to follow the directives and mandates of the statute. 3 Conn. Cir. Ct. 101. Where defendant who was involved in automobile accident stopped his car but failed to give the required information it was not error to find him guilty of evading responsibility and whether he was at fault is irrelevant. Id. Cited. Id., 229. Knowledge of damage caused by accident is not an element within terms of the statute. It is enough for state to prove defendant was knowingly involved in the accident and the accident caused damage to person or property of another. Id., 304, 305. To comply with this statute defendant must, after the accident, render such assistance as is needed and give his operator's license and registration numbers, as well as his name and address, to the other driver. Id., 305, 306. Cited. Id., 353; Id., 461 (fn 1). Cited. 4 Conn. Cir. Ct. 408. History of statute reviewed; intent is to punish evasion of responsibility whether accident occurs on private property or public highway. Id., 495. Statute applied where accident occurred in service station. Id. Defendant's admission he struck a living object he thought to be a dog and had not stopped established his guilt beyond a reasonable doubt in absence of other evidence. 5 Conn. Cir. Ct. 316. When violation of this section occurred, section 14-107 made proof of registration in defendant's name of car involved prima facie evidence that he was operator and trial court could conclude defendant's unsupported alibi did not rebut presumption statute created. Id., 561. Slight damage to plaintiff's car was sufficient where the elements also existed to sustain defendant's conviction for evading responsibility. 6 Conn. Cir. Ct. 6. Defendant properly arrested in another precinct two hours after violation of this section where local officer acted on speedy information of two witnesses. Id., 55.

      Subsec. (a):

      Cited. 222 C. 672.

      Cited. 12 CA 294. Cited. 22 CA 142. Cited. 45 CA 303.

      Subsec. (b):

      Cited. 154 C. 23. Cited. 176 C. 451. Cited. 224 C. 911. Court concluded that to establish a violation of the statute the state is not required to prove the defendant knew that the accident in which he was involved caused injury or damage to property. 227 C. 534. Cited. 234 C. 301.

      Cited. 28 CA 708. Cited. 45 CA 303. Whether defendant has knowledge that an accident caused injury or damage is irrelevant to crime of evading responsibility; rather, it is a mandatory stop, ascertain and assist statute which provides criminal penalties for the failure to do so. After proving that defendant was knowingly involved in an accident, further proof that defendant failed to stop at the scene would be sufficient to support conviction under statute. 88 CA 90.

      Although a race involves a trial of speed, a person can be found guilty of racing but not guilty of speeding. 24 CS 59. Total strangers can race on the spur of the moment. Id.

      Subsec. (d):

      Cited. 222 C. 672.

      Cited. 9 CA 686.

      Subsec. (e):

      Cited. 9 CA 686.

      Sec. 14-225. Evading responsibility in operation of other vehicles. Any person riding on, propelling, driving or directing any vehicle, except a motor vehicle, on a public street or highway or on any parking area for ten cars or more or on any school property, who has knowledge of having caused injury to the person or property of another and neglects, at the time of the injury, to stop and ascertain the extent of the injury and to render assistance, or refuses to give his name and address, or gives a false name or address when the same is asked for by the person injured or by any other person in his behalf or by a police officer, motor vehicle inspector or constable, shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

      (1949 Rev., S. 2493; 1971, P.A. 356; P.A. 73-253, S. 3; P.A. 84-429, S. 39; P.A. 00-99, S. 51, 154.)

      History: 1971 act included reference to parking areas for ten or more cars; P.A. 73-253 included reference to school property; P.A. 84-429 rephrased provisions and made other technical changes; P.A. 00-99 deleted reference to sheriff and deputy sheriff, effective December 1, 2000.

      Violations not on public highway discussed. 16 CS 358.

      Sec. 14-225a. Operation of motor vehicles in parking areas. Section 14-225a is repealed.

      (1969, P.A. 736, S. 1, 2; P.A. 84-429, S. 78.)

      See Sec. 14-212 for definition of "parking area".

      See Secs. 14-224, 14-225 and 14-227a re operation of motor vehicles in parking areas.

      Sec. 14-226. Operator to report injury to dog. Any person who has knowledge of causing, by the operation of a motor vehicle, injury or death to a dog shall at once stop and render such assistance as may be possible, shall immediately report such injury or death to such dog's owner or such owner's representative and shall give his name, address and operator's license and registration numbers to such owner or representative or any witness or peace officer. If unable to ascertain and locate such owner or representative, such operator shall, at once, report the injury or death to a police officer, constable, state police officer or inspector of motor vehicles, to whom he shall give the location of such accident and a description of the dog. Violation of any provision of this section shall be an infraction. No operator shall be convicted under the provisions of subsection (b) of section 14-224 when such operator has caused injury or death to a dog.

      (1949 Rev., S. 2411; P.A. 75-577, S. 71, 126; P.A. 88-364, S. 25, 123.)

      History: P.A. 75-577 replaced provision for twenty-five-dollar maximum fine with statement that violation deemed an infraction; P.A. 88-364 made technical change correcting reference to applicable subsection of Sec. 14-224 from Subsec. (a) to Subsec. (b).

      See Sec. 22-351 re unlawful injury to or killing of dog.

      See chapter 881b re infractions of the law.

      Sec. 14-227. Operation while intoxicated. Section 14-227 is repealed.

      (1949 Rev., S. 2412; 1963, P.A. 616, S. 3.)

      Sec. 14-227a. Operation while under the influence of liquor or drug or while having an elevated blood alcohol content. (a) Operation while under the influence or while having an elevated blood alcohol content. No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, and "motor vehicle" includes a snowmobile and all-terrain vehicle, as those terms are defined in section 14-379.

      (b) Admissibility of chemical analysis. Except as provided in subsection (c) of this section, in any criminal prosecution for violation of subsection (a) of this section, evidence respecting the amount of alcohol or drug in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's breath, blood or urine shall be admissible and competent provided: (1) The defendant was afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and consented to the taking of the test upon which such analysis is made; (2) a true copy of the report of the test result was mailed to or personally delivered to the defendant within twenty-four hours or by the end of the next regular business day, after such result was known, whichever is later; (3) the test was performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Public Safety and was performed in accordance with the regulations adopted under subsection (d) of this section; (4) the device used for such test was checked for accuracy in accordance with the regulations adopted under subsection (d) of this section; (5) an additional chemical test of the same type was performed at least thirty minutes after the initial test was performed or, if requested by the police officer for reasonable cause, an additional chemical test of a different type was performed to detect the presence of a drug or drugs other than or in addition to alcohol, provided the results of the initial test shall not be inadmissible under this subsection if reasonable efforts were made to have such additional test performed in accordance with the conditions set forth in this subsection and such additional test was not performed or was not performed within a reasonable time, or the results of such additional test are not admissible for failure to meet a condition set forth in this subsection; and (6) evidence is presented that the test was commenced within two hours of operation. In any prosecution under this section it shall be a rebuttable presumption that the results of such chemical analysis establish the ratio of alcohol in the blood of the defendant at the time of the alleged offense, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such defendant is twelve-hundredths of one per cent or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and the analysis thereof accurately indicate the blood alcohol content at the time of the alleged offense.

      (c) Evidence of blood alcohol content. In any prosecution for a violation of subdivision (1) of subsection (a) of this section, reliable evidence respecting the amount of alcohol in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's blood, breath or urine, otherwise admissible under subsection (b) of this section, shall be admissible only at the request of the defendant.

      (d) Testing and analysis of blood, breath and urine. The Commissioner of Public Safety shall ascertain the reliability of each method and type of device offered for chemical testing and analysis purposes of blood, of breath and of urine and certify those methods and types which said commissioner finds suitable for use in testing and analysis of blood, breath and urine, respectively, in this state. The Commissioner of Public Safety shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples as said commissioner finds necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results. Such regulations shall not require recertification of a police officer solely because such officer terminates such officer's employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency.

      (e) Evidence of refusal to submit to test. In any criminal prosecution for a violation of subsection (a) of this section, evidence that the defendant refused to submit to a blood, breath or urine test requested in accordance with section 14-227b shall be admissible provided the requirements of subsection (b) of said section have been satisfied. If a case involving a violation of subsection (a) of this section is tried to a jury, the court shall instruct the jury as to any inference that may or may not be drawn from the defendant's refusal to submit to a blood, breath or urine test.

      (f) Reduction, nolle or dismissal prohibited. If a person is charged with a violation of the provisions of subsection (a) of this section, the charge may not be reduced, nolled or dismissed unless the prosecuting authority states in open court such prosecutor's reasons for the reduction, nolle or dismissal.

      (g) Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, or (ii) if such person has been convicted of a violation of subdivision (1) of subsection (a) of this section on account of being under the influence of intoxicating liquor or of subdivision (2) of subsection (a) of this section, have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

      (h) Suspension of operator's license or nonresident operating privilege. (1) Each court shall report each conviction under subsection (a) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141. The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for the period of time required by subsection (g) of this section. The commissioner shall determine the period of time required by said subsection (g) based on the number of convictions such person has had within the specified time period according to such person's driving history record, notwithstanding the sentence imposed by the court for such conviction. (2) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who is under eighteen years of age shall be suspended by the commissioner for the period of time set forth in subsection (g) of this section, or until such person attains the age of eighteen years, whichever period is longer. (3) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who, at the time of the offense, was operating a motor vehicle in accordance with a special operator's permit issued pursuant to section 14-37a shall be suspended by the commissioner for twice the period of time set forth in subsection (g) of this section. (4) If an appeal of any conviction under subsection (a) of this section is taken, the suspension of the motor vehicle operator's license or nonresident operating privilege by the commissioner, in accordance with this subsection, shall be stayed during the pendency of such appeal.

      (i) Installation of ignition interlock device. (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C)(ii) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served not less than one year of such suspension, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person. No person whose license is suspended by the commissioner for any other reason shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device. (2) All costs of installing and maintaining an ignition interlock device shall be borne by the person required to install such device. (3) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection. The regulations shall establish procedures for the approval of ignition interlock devices, for the proper calibration and maintenance of such devices and for the installation of such devices by any firm approved and authorized by the commissioner. (4) The provisions of this subsection shall not be construed to authorize the continued operation of a motor vehicle equipped with an ignition interlock device by any person whose operator's license or nonresident operating privilege is withdrawn, suspended or revoked for any other reason. (5) The provisions of this subsection shall apply to any person whose license has been suspended in accordance with the provisions of subparagraph (C)(ii) of subdivision (2) of subsection (g) of this section on or after September 1, 2003.

      (j) Participation in alcohol education and treatment program. In addition to any fine or sentence imposed pursuant to the provisions of subsection (g) of this section, the court may order such person to participate in an alcohol education and treatment program.

      (k) Seizure and admissibility of medical records of injured operator. Notwithstanding the provisions of subsection (b) of this section, evidence respecting the amount of alcohol or drug in the blood or urine of an operator of a motor vehicle involved in an accident who has suffered or allegedly suffered physical injury in such accident, which evidence is derived from a chemical analysis of a blood sample taken from or a urine sample provided by such person after such accident at the scene of the accident, while en route to a hospital or at a hospital, shall be competent evidence to establish probable cause for the arrest by warrant of such person for a violation of subsection (a) of this section and shall be admissible and competent in any subsequent prosecution thereof if: (1) The blood sample was taken or the urine sample was provided for the diagnosis and treatment of such injury; (2) if a blood sample was taken, the blood sample was taken in accordance with the regulations adopted under subsection (d) of this section; (3) a police officer has demonstrated to the satisfaction of a judge of the Superior Court that such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor or drug or both and that the chemical analysis of such blood or urine sample constitutes evidence of the commission of the offense of operating a motor vehicle while under the influence of intoxicating liquor or drug or both in violation of subsection (a) of this section; and (4) such judge has issued a search warrant in accordance with section 54-33a authorizing the seizure of the chemical analysis of such blood or urine sample. Such search warrant may also authorize the seizure of the medical records prepared by the hospital in connection with the diagnosis or treatment of such injury.

      (l) Participation in victim impact panel program. If the court sentences a person convicted of a violation of subsection (a) of this section to a period of probation, the court may require as a condition of such probation that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than twenty-five dollars on any person required by the court to participate in such program.

      (1963, P.A. 616, S. 1; February, 1965, P.A. 219; 1967, P.A. 612, S. 1; 1969, P.A. 450, S. 4; 1971, P.A. 318; 741; P.A. 73-253, S. 4; P.A. 75-308, S. 1; P.A. 76-6, S. 1, 2; P.A. 77-340, S. 8; 77-614, S. 323, 610; P.A. 80-438, S. 2, 3; P.A. 81-144, S. 1, 2; 81-446, S. 2; P.A. 82-408, S. 2; P.A. 83-63, S. 1-3; 83-534, S. 1; 83-571, S. 4; P.A. 84-198, S. 3, 7; 84-429, S. 40; 84-546, S. 43, 173; P.A. 85-387, S. 1; 85-596, S. 1; P.A. 86-345; P.A. 88-85; 88-302; P.A. 89-110, S. 4; 89-314, S. 2, 5; P.A. 90-230, S. 21, 101; P.A. 91-407, S. 9, 42; P.A. 93-271, S. 2, 3; 93-302, S. 1-3; 93-371, S. 2, 4, 5; 93-381, S. 9, 39; P.A. 94-60; May 25 Sp. Sess. P.A. 94-1, S. 18, 130; P.A. 95-257, S. 12, 21, 58; 95-314, S. 1; P.A. 99-218, S. 3, 4, 16; 99-255, S. 1; P.A. 00-196, S. 49, 50; P.A. 01-201, S. 1; P.A. 02-70, S. 69; May 9 Sp. Sess. P.A. 02-1, S. 108; P.A. 03-265, S. 1; 03-278, S. 47; P.A. 04-199, S. 31; 04-257, S. 101; P.A. 05-218, S. 28; June Sp. Sess. P.A. 05-3, S. 111; P.A. 06-147, S. 1.)

      History: 1965 act added district roads to Subsec. (a); 1967 act prohibited operation of vehicle while under influence of both liquor and intoxicating drug in Subsec. (a); 1969 act included in prohibition operation of vehicle on private roads with established speed limits; 1971 acts included in prohibition operation of vehicle in parking area for ten or more cars, reduced alcohol in blood level from fifteen-hundredths to ten-hundredths of one per cent of alcohol and clarified evidential aspect of test results in Subdiv. (2) of Subsec. (c) and increased minimum fine from one hundred to one hundred fifty dollars; P.A. 73-253 included in prohibition of Subsec. (a) operation of vehicle on school property; P.A. 75-308 amended Subsec. (b)(4) to require testing of device at beginning and end of workday rather than within thirty days of test and immediately after test administered; P.A. 76-6 included reference to amount of drug in system under Subsec. (b) and to urine tests under Subsecs. (b) and (d); P.A. 77-340 replaced reference to Sec. 14-219 in Subsec. (a) with reference to Sec. 14-218a; P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services, effective January 1, 1979; P.A. 80-438 allowed administering of test by emergency medical technician II; P.A. 81-144 amended Subsec. (b) to allow the department of health services to certify individuals other than health services department personnel to check test devices for accuracy; P.A. 81-446 added the requirements that two tests be performed, with the second test performed not less than thirty or more than forty minutes after the first test, and that evidence be presented which demonstrates that the test results accurately reflect the blood alcohol content at the time of the alleged offense in Subsec. (b) and added Subsecs. (e) and (f) re participation in an alcohol education and treatment program in lieu of the two-day minimum mandatory sentence, and re violations charged to persons arrested for a second or subsequent violation of section, with a blood alcohol ratio of at least ten-hundredths of one per cent or more of alcohol at the time of the alleged offense; P.A. 82-408 eliminated two test requirement in Subsec. (b), added provision in Subsec. (e) re mandatory two day sentence if blood alcohol test indicates ratio of alcohol in blood was twenty-hundredths of one per cent or more of alcohol and changed two day minimum mandatory sentence for second offenders to thirty day sentence served by performing community service on fifteen weekends, such service to be approved by office of adult probation, amended Subsec. (f) by changing "in lieu of" to "in addition to" and eliminated consent and payment requirement for participation and added Subsec. (h) providing for twenty-four-hour revocation of license by arresting police officer; P.A. 83-63 amended Subsec. (b) to allow test reports to be personally delivered to the defendant by the close of the next business day, if later than twenty-four hours and authorized the performance of such tests by persons recertified by persons certified by the commissioner of health services and amended Subsec. (d) to provide regulations for annual recertification of operators; P.A. 83-534 inserted a new Subsec. (b) re operation while impaired, amended Subsec. (c) to permit the test result to be "personally delivered" to the defendant within twenty-four hours "or by the end of the next regular business day", whichever is later, and to provide that the initial test results will not be excluded if the police made reasonable efforts to have an additional test performed but it was not performed within a reasonable time, amended Subsec. (d) to specify the blood alcohol content that constitutes impairment, inserted a new Subsec. (f) re the admissibility into evidence of a defendant's refusal to submit to a test, inserted a new Subsec. (g) re a prohibition on reducing, nolleing or dismissing the charge, inserted a new Subsec. (h) to replace former penalties for operation while under the influence with new penalties, inserted a new Subsec. (i) re the penalty for operating while impaired, inserted a new Subsec. (j) re the suspension of the operator's license of a person found guilty of operating while under the influence, and relettered the intervening and remaining subsections accordingly; P.A. 83-571 amended new Subsec. (h) to increase the period of license suspension provided in P.A. 83-534 from six months to one year for a first offense and from one year to two years for a second offense; P.A. 84-198 amended Subsec. (f) by replacing "the case" with "a case involving a violation of subsection (a) of this section"; P.A. 84-429 rephrased provisions and made other technical changes in Subsecs. (a) and (b); P.A. 84-546 made technical change in Subsec. (i); P.A. 85-387 amended Subsec. (h) to increase the penalty for a first violation by mandating a term of imprisonment, forty-eight consecutive hours of which may not be suspended or reduced on any manner, or a term of one hundred hours of community service, to increase the minimum mandatory penalty for a second violation from forty-eight consecutive hours to ten days, to increase the minimum mandatory penalty for a third violation from thirty to one hundred twenty days, and to provide that a second, third, fourth or subsequent violation is one which occurs within five years after a prior conviction for the same offense; P.A. 85-596 amended Subsec. (a) to add provision that person commits offense of operating a motor vehicle while under the influence "while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight", amended Subsec. (c) to provide that the defendant be afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and that the test be performed by or at the direction of a police officer, to make an additional test mandatory rather than optional, to insert "and the analysis thereof" in Subdiv. (6) and to delete the requirement that additional competent evidence be presented bearing on the question of whether or not the defendant was under the influence, amended Subsec. (d) to replace provisions concerning the weight to be given to evidence of certain percentages of blood-alcohol content with provision that in prosecution for violation of Subsec. (a)(1) such evidence shall be admissible only at the request of the defendant, and amended Subsec. (h) to provide that a conviction under either Subdiv. (1) or (2) of Subsec. (a) constitutes a prior offense; P.A. 86-345 added Subsec. (m) re the seizure, admissibility and competency of evidence derived from a chemical analysis of a blood sample taken from an injured operator at a hospital; P.A. 88-85 amended Subdiv. (4) of Subsec. (c) to require that the device be checked for accuracy immediately before and after the test was performed rather than at the beginning of each workday and no later than the end of each workday; P.A. 88-302 amended Subsec. (h) to provide that the performance of community service for conviction of a first violation is to be as a condition of probation imposed in connection with a sentence to a term of imprisonment of not more than six months with the execution of such sentence of imprisonment suspended entirely; P.A. 89-110 amended Subsec. (h) to make a technical change in Subdiv. (2) and to provide that for purposes of the penalty for a subsequent offense after a prior conviction for the same offense a conviction under Sec. 53a-56b or 53a-60d constitutes a prior conviction for the same offense; P.A. 89-314 amended Subsec. (h) to insert "consecutive" in Subdivs. (2) and (3) and deleted Subsec. (l) re the twenty-four-hour revocation by the arresting police officer of the license of a person with a blood alcohol concentration of ten-hundredths of one per cent or more, and relettered the remaining Subsec. accordingly; P.A. 90-230 made technical change in Subsec. (e); P.A. 91-407 amended Subdiv. (2) of Subsec. (l) by adding "a resident physician or intern in any hospital in this state" and made technical change in Subdiv. (3); P.A. 93-271 amended Subsec. (e) to provide that regulations shall not require recertification of a police officer solely because he transfers from one law enforcement agency to another, effective June 29, 1993; P.A. 93-302 amended Subsecs. (c) and (l) by adding phlebotomists to the list of persons qualified to take blood samples and added Subsec. (m) defining "phlebotomist"; P.A. 93-371 amended Subsec. (c) to require in Subdiv. (6) that evidence be presented "that the test was commenced within two hours of operation" rather than that evidence be presented "which demonstrates that the test results and analysis thereof accurately reflect the blood alcohol content at the time of the alleged offense" and to add provision establishing a rebuttable presumption that the results of the chemical analysis indicate the blood alcohol ratio at the time of the alleged offense and requiring additional evidence be presented when the results of the additional test indicate a blood alcohol ratio of twelve-hundredths of one per cent or less and is higher than the results of the first test and amended Subsec. (j) to add Subdiv. (3) re the period of suspension for a person who, at the time of the offense, was operating under a special operator's permit issued pursuant to Sec. 14-37a, effective July 1, 1993; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-60 amended Subsec. (l) to authorize the taking of a blood sample "at the scene of the accident" or "while en route to the hospital" rather than only "at a hospital", to delete the requirement in Subdiv. (1) that the blood sample be taken "in the regular course of business of the hospital" and to make a technical change in Subdiv. (2); May 25 Sp. Sess. P.A. 94-1 made technical change, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-314 amended Subdiv. (5) of Subsec. (c) to allow an additional chemical test of a different type to be performed if requested by the police officer for reasonable cause, amended Subsec. (d) to eliminate reference to drugs, and amended Subdivs. (2) to (4), inclusive, of Subsec. (h) to provide that a second, third, fourth or subsequent violation is one which occurs within ten years, in lieu of five years, after a prior conviction for the same offense; P.A. 99-218 amended Subsecs. (c) and (e) by replacing the Department and Commissioner of Public Health with the Department and Commissioner of Public Safety and by making technical changes, effective July 1, 1999; P.A. 99-255 amended Subsec. (a) to replace the prohibition in Subdiv. (2) of operating a motor vehicle "while the ratio of alcohol in the blood of such person is ten-hundredths of one per cent or more of alcohol, by weight" with "while such person has an elevated blood alcohol content" and added definition of "elevated blood alcohol content", amended Subsec. (c) to require in Subdiv. (3) that the test be performed "in accordance with the regulations adopted under subsection (e) of this section", replacing provisions that required the test be performed by persons certified or recertified by the Department of Public Health or recertified by persons certified as instructors by the commissioner of said department and that required a blood test be taken by a physician, phlebotomist, qualified laboratory technician, emergency medical technician II or registered nurse, and to require in Subdiv. (4) that the device was checked for accuracy "in accordance with the regulations adopted under subsection (e) of this section" rather than "immediately before and after such test was performed by a person certified by the Department of Public Health", amended Subsec. (e) to make provisions applicable to methods and types of devices for the "analysis" of blood, breath and urine and to replace provision that required the Commissioner of Public Health to adopt regulations "governing the conduct of chemical tests, the operation and use of chemical test devices, and the training, certification and annual recertification of operators of such devices" with provision that required the "Commissioner of Public Safety, in consultation with the Commissioner of Public Health" to adopt regulations "governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples", amended Subsec. (h) to increase the penalties for a second violation by increasing the fine from not less than five hundred dollars nor more than two thousand dollars to not less than one thousand dollars nor more than four thousand dollars, increasing the term of imprisonment from a maximum of one year with a nonsuspendable period of ten consecutive days to a maximum of two years with a nonsuspendable period of one hundred twenty consecutive days, adding the requirement that the person perform one hundred hours of community service as a condition of probation, and increasing the license suspension from two years to "three years or until the date of such person's twenty-first birthday, whichever is longer", to increase the penalties for a third and subsequent violation by deleting former Subdiv. (3) that had specified penalties for a third violation, renumbering former Subdiv. (4) as Subdiv. (3), amending said Subdiv. (3) to make the penalties applicable to a "third and subsequent violation" rather than a "fourth and subsequent violation" and add requirement that the person perform one hundred hours of community service as a condition of probation, and to add provision that "a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or 53a-56b or 53a-60d" constitutes a prior conviction, amended Subsec. (i) to change the penalty from an infraction to a fine of not more than two hundred dollars, amended Subsec. (j) to replace provisions of Subdiv. (1) requiring that the suspension take effect immediately upon the expiration of the appeal period, providing that the suspension is stayed during the appeal and requiring the defendant to send his license or nonresident operating privilege to the department when the suspension takes effect, with new provisions requiring each court to report each conviction to the department and requiring the commissioner to suspend the license or nonresident operating privilege for the time period required by Subsec. (h), to add Subdiv. (4) requiring the license of a convicted person to indicate that such person is an at-risk operator and defining "at-risk operator" and to add Subdiv. (5) providing that the suspension by the commissioner is stayed during the pendency of an appeal of a conviction, amended Subsec. (l) to make provisions applicable to evidence from an analysis of a urine sample from the injured operator, to require in Subdiv. (2) that the blood sample was taken "in accordance with regulations adopted under subsection (e) of this section" rather than "by a person licensed to practice medicine in this state, a resident physician or intern in any hospital in this state, a phlebotomist, a qualified laboratory technician, an emergency medical technician II or a registered nurse", and to add provision that the search warrant may also authorize the seizure of medical records prepared by the hospital in connection with the diagnosis or treatment of such injury, deleted former Subsec. (m) defining "phlebotomist", and made technical changes for purposes of gender neutrality; P.A. 00-196 made technical changes in Subsecs. (h) and (l); P.A. 01-201 added Subsec. (m) to authorize the court to require participation in a victim impact panel program as a condition of probation; P.A. 02-70 amended Subsec. (j) by adding provision in Subdiv. (1) to require the commissioner to determine the applicable suspension period based on the number of convictions on the person's driving history record, notwithstanding the sentence imposed by the court for such conviction, deleting former Subdiv. (4) re mandatory indication of "at-risk operator" on reverse side of operator's license and redesignating existing Subdiv. (5) as Subdiv. (4), effective July 1, 2002; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to reduce ratio of alcohol in blood from ten-hundredths to eight-hundredths of one per cent or more of alcohol in definition of "elevated blood alcohol content" and eliminated from such definition Subpara. (A) designator and provisions of Subpara. (B) "if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight", deleted former Subsecs. (b) and (i) re offense of operation while impaired and fine for violation, redesignated existing Subsecs. (c) to (h) as Subsecs. (b) to (g) and existing Subsecs. (j) to (m) as Subsecs. (h) to (k),amended redesignated Subsec. (d) to eliminate reference to Commissioner of Public Health in adopting regulations re chemical tests, and made technical changes throughout, effective July 1, 2002; P.A. 03-265 amended Subsec. (g)(2)(C) to designate existing provision re duration of suspension as clause (i) and to add clause (ii) re license suspension of one year followed by a prohibition for two years on operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock device if the person is convicted of a violation of Subsec. (a)(1) on account of being under the influence of intoxicating liquor or of Subsec. (a)(2); P.A. 03-278 made technical changes in Subsec. (g), effective July 9, 2003; P.A. 04-199 made a technical change in Subsec. (g), added new Subsec. (i) re installation of an ignition interlock device and redesignated existing Subsecs. (i) to (k) as new Subsecs. (j) to (l), respectively, effective July 1, 2004; P.A. 04-257 made a technical change in Subsec. (g), effective June 14, 2004; P.A. 05-218 amended Subsec. (i) by inserting "passenger" re motor vehicle and removing provision re no enrollment in treatment program or obtained waiver in Subdiv. (1), deleting former Subdiv. (2) re condition rendering person incapable of safely operating a motor vehicle, redesignating existing Subdivs. (3) to (6) as new Subdivs. (2) to (5) and, in new Subdiv. (4), inserting "for any other reason"; June Sp. Sess. P.A. 05-3 amended Subsec. (i)(1) by deleting the word "passenger" added by P.A. 05-218; P.A. 06-147 amended Subsec. (a) to delete requirement that the motor vehicle be operated on public highway of state or on road of specified district organized under the provisions of chapter 105 or on private road on which a speed limit has been established pursuant to Sec. 14-218a or in parking area for ten or more cars or on school property, and defined "motor vehicle" to include snowmobiles and all-terrain vehicles.

      See Sec. 14-111(b), (h), (k) re suspension or revocation of operator's license.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-112(a) re proof of financial responsibility.

      See Sec. 14-219b re limitation of municipal liability.

      See Sec. 14-227b re implied consent to blood, breath or urine tests.

      Annotations to former section:

      That plaintiff was driving while intoxicated would not bar him from recovering damage for an injury caused by defendant's negligence. Such intoxication must have been a proximate cause of the injury. 89 C. 403. See also 93 C. 102; 108 C. 216. Certified copy of prior conviction for "driving under the influence of liquor or drugs", although in alternative, admissible to prove accused a second offender. 124 C. 664. Questions asked of lay witness as to whether accused was intoxicated, properly admitted. Id., 667. Questions asked of expert witnesses, while closely approximating test to determine if one is guilty of driving under influence, admissible as opinion as to accused's condition. Id., 668. Evidence only that defendant was intoxicated when found in middle of front seat of stationary car, insufficient to support conviction of driving under influence. 129 C. 483. But testimony by witness that he saw defendant operate is not essential if there is circumstantial evidence which affords basis of inference of guilt beyond a reasonable doubt. 130 C. 563. Cited. 140 C. 39; 144 C. 241. On charge of operating while under the influence of liquor only applicable portion of the statute should be read to jury. 145 C. 304. Evidence that defendant was found intoxicated, sitting in stationary, damaged car, held insufficient to convict for driving under the influence of liquor. 147 C. 502. Cited. 149 C. 728. In civil action defendant driver's admission of intoxication does not preclude the possibility of his being liable for wanton misconduct. 151 C. 506.

      Court required to impose sentence of sixty consecutive days; it cannot direct that sentence be served in installment periods. 9 CS 460. Legislature intended statute to apply even though violation occurred elsewhere than on a public highway; history of section reviewed. 16 CS 357. Verdict of guilty on charge of operating under the influence sustained where proof wholly consistent with defendant's guilt and inconsistent with any other rational conclusion. 18 CS 367. One accused of being a second offender, in order to be given a heavier penalty, must be presented in an information in two parts, the first setting out the particular offense and the second the former conviction. 20 CS 105. Assumption of risk is not a defense where the injury allegedly arose from breach by defendant of statutory obligation not to operate motor vehicle while under influence of liquor. 22 CS 225. Cited. 23 CS 136, 272, 358. Cited. 24 CS 46, 236, 267, 319. Trial court may admit in evidence, to establish a prior conviction of defendant, a certified copy of his "operator's driving history". Id., 360.

      Even if defendant's state was one of pathological intoxication, induced by a minute amount of alcohol, he could be found guilty. 2 Conn. Cir. Ct. 45. Cited. Id., 58. There can be conviction for operation in parking lot. Id., 79. Operation can be proved by circumstantial evidence. Id., 221. McDonough case, 129 C. 483, distinguished. Id. Cited. Id., 412. Drunkenness may be found from lay observations of defendant without clinical tests. Id., 481. Where police officer observed doctor examine defendant, his testimony regarding the examination is admissible since nonexpert evidence may rest on facts acquired through the use of witnesses' senses. Id., 499. Cited. Id., 569, 571. Operating a motor vehicle within the meaning of this statute includes the intentional doing of any act or making use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of the vehicle. Id., 606, 607. What constitutes "operation" of motor vehicle. Id., 661. An essential element of proof in affirmatively establishing defendant's guilt as a second offender is his identification as the person named in the record of prior conviction. Mere proof of identity of names is insufficient to establish prima facie the identification. Id., 692, 693. Cited. 3 Conn. Cir. Ct. 343; Id., 347. Proof defendant drove on public highway necessary for conviction under statute; testimony that defendant was only person near car after car crashed off public highway down embankment was sufficient. Id., 380. Where defendant was found by police officer asleep in his car with the motor running, held that, since circumstantial evidence which affords the basis for an inference of guilt beyond a reasonable doubt may be sufficient to convict, court correctly refused to charge jury that, if defendant was asleep when officer came upon him, jury could not find defendant was operating car within meaning of statute. Id., 475, 476. Competent evidence of any nature, in addition to a breath or blood test, may be relied on to prove insobriety. Id., 478, 479. Absence of clinical findings or chemical tests did not prevent the trial court from properly concluding, on the basis of testimony by witnesses, that the accused was intoxicated. Id., 514. For the results of a breath test to be admissible evidence, there must be reasonable assurance the sample analyzed was the one taken from the accused. 4 Conn. Cir. Ct. 121. Compliance with request to perform certain sobriety tests (not enumerated here) not an intrusion on constitutional rights, since no verbal act on defendant's part was involved. Id., 195. Cited. Id., 500; Id., 520.

      Annotations to present section:

      Cited. 154 C. 100. As a minor of sixteen may be held accountable under this statute for operating a motor vehicle while he is intoxicated, he will be held accountable for deciding to consume liquor also. Id., 648. Where defendant in intoxicated condition was found slumped over driving wheel of car stopped in middle of country road at night, jury could reasonably have concluded defendant was driver of car. 158 C. 117. Cited. 159 C. 547. Cited. 161 C. 200. Cited. 170 C. 140, 142. Cited. 174 C. 112, 115. Police officer's failure to enforce this statute discussed. 187 C. 147 (Diss. Op.). Court held that amendments in public acts 85-387 and 85-596 entitled to concurrent effect. 199 C. 667. Cited. 200 C. 1; Id., 102; Id., 615. Cited. 203 C. 97, 98. Cited. 204 C. 507, 514. Phrase "may not be suspended or reduced in any manner" applies to actions of commissioner of correction as well as those of sentencing court. 207 C. 412. Application of section to public parking area discussed. Judgment of appellate court in 11 CA 644 reversed. Id., 612. Cited. 210 C. 446; Id., 573. Cited. 213 C. 74. Corroboration role in relation to crime that is conduct oriented discussed. State v. Tillman corpus delicti rule not applicable. (152 C. 15). 215 C. 189. Cited. 219 C. 752. Cited. 222 C. 672. Cited. 224 C. 29; Id., 730. Cited. 225 C. 921. Cited. 226 C. 191. Cited. 228 C. 758. Cited. 229 C. 31; Id., 51; Id., 228; Id., 824. Cited. 230 C. 572. Cited. 233 C. 524. Cited. 235 C. 614. Cited. 236 C. 18.

      Cited. 4 CA 461. Cited. 9 CA 686. Cited. 10 CA 265. Cited. 11 CA 122; Id., 338; Id., 342. Cited. 12 CA 294; Id., 338. Cited. 16 CA 156; Id., 165; Id., 172; Id., 358; Id., 472; Id., 497. Cited. 17 CA 100; Id., 376; Id., 827. Cited. 18 CA 602. Cited. 19 CA 594. Cited. 20 CA 348; Id., 691. Cited. 21 CA 138; Id., 210. Statute constitutes a "criminal law" within meaning of conditions of probation. 22 CA 108. Cited. Id., 142. Cited. 25 CA 605. Cited. 26 CA 101; Id., 331; Id., 716; Id., 805. Cited. 27 CA 225; Id., 346; Id., 370. Cited. 28 CA 733. Cited. 29 CA 512; Id., 582. Cited. 30 CA 36; Id., 108; Id., 428; Id., 917. Cited. 31 CA 669; Id., 797. Cited. 32 CA 553. Cited. 33 CA 107; Id., 242; Id., 501. Cited. 34 CA 557; Id., 655. Cited. 36 CA 76; Id., 710. Cited. 38 CA 8; judgment reversed, see 236 C. 18; Id., 661. Cited. 39 CA 11. Cited. 40 CA 359. Cited. 41 CA 874. Cited. 44 CA 40; Id., 702. Cited. 45 CA 12; Id., 102; Id., 225; Id., 577; Id., 722; Id., 804. Court rejected defendant's claim that statute is void for vagueness because an ordinary person has no ascertainable method for measuring his or her own blood alcohol level. 48 CA 635. Because defendant was charged with violation of both Subdivs. (1) and (2) of Subsec. (a), intoxilyzer results are admissible without defendant's request and are necessary to prove a violation of Subsec. (a)(2) pursuant to Subsec. (c). 51 CA 4. To establish probable cause, there must be a temporal nexus between the operation of a motor vehicle and the driver's being under the influence of liquor or drugs. 54 CA 127. Detention at roadside sobriety checkpoint did not constitute unreasonable seizure or violate defendant's due process rights. 56 CA 252. Pursuant to Sec. 54-193(b), charged violations of section were subject to a one-year limitations period because they were not punishable by a term of imprisonment of more than one year. 61 CA 90. There was substantial evidence that police had probable cause to believe that plaintiff had violated section where plaintiff had slurred speech, bloodshot eyes, smelled of alcohol, admitted he had been drinking beer and police found empty beer bottles in automobile; administration of field sobriety tests and subsequent results are not required by statute and are not dispositive in finding probable cause to arrest for driving while intoxicated. 62 CA 571. Nothing in section prohibits evidence of consciousness of guilt based on defendant's refusal to take a breath test being considered in prosecution for assault in the second degree with a motor vehicle under Sec. 53a-60d. 63 CA 433. Arresting officer properly permitted to offer expert testimony on defendant's intoxication. 68 CA 119. To convict defendant of operating motor vehicle while under the influence of drugs pursuant to section, the state must prove beyond a reasonable doubt that defendant operated his motor vehicle on a public highway while under the influence of intoxicating liquor or drugs or both. 79 CA 657. Section, as applied to defendant, does not violate ex post facto clause because it did not result in a second punishment for previous convictions, but rather enhanced current conviction on the basis of defendant's status as repeat offender. Also, section does not violate such clause given that defendant was effectively put on notice of changes to the statute, and therefore he is precluded from relying on previous five-year look back period to prove that state's burden of proof was reduced or that he was deprived of a defense. 80 CA 589. Because all the evidence submitted to court was consistent with court's finding that defendant had been operating a motor vehicle while under the influence of intoxicating liquor, court had sufficient evidence to convict defendant of that offense. 93 CA 200.

      Where sample of blood was taken from defendant when he was unconscious in a hospital and could not consent, the results of the test of his blood are not admissible in evidence since such taking was in violation of his constitutional rights and was not authorized by this section or section 14-227b. 26 CS 40. The word "test" refers to the chemical analysis of a sample of blood and not to a series of samples from different individuals. 32 CS 611. Cited. 33 CS 501; Id., 697. Cited. 34 CS 514. Cited. 35 CS 511. Where information charging violation referred to former statute, incorrect reference was an amendable defect and defendant was not misled or prejudiced by the error or placed in double jeopardy by the granting of the amendment. Id., 282. Violation is crime for purposes of defendant's eligibility for pretrial accelerated rehabilitation. 36 CS 527. Cited. Id. Cited. 37 CS 767; Id., 834; Id., 864. Cited. 38 CS 675; Id., 689. Cited. 39 CS 285. Cited. 40 CS 505; Id., 512. Cited. 42 CS 306; Id., 602. Cited. 43 CS 77.

      Road controlled and maintained by town qualifies as a "public highway". 3 Conn. Cir. Ct. 513. Where accused was found alone in his car with engine running and wheels spinning in loose gravel, trial court could correctly find he was "operating" the car. Id., 514. Instructions to the jury were not prejudicial to the defendant when correction concerning the testimony of the state toxicologist was made by a supplemental charge. 4 Conn. Cir. Ct. 578. Where the penalty imposed is within the limits fixed by statute, it will not be disturbed on appeal unless there was an abuse of discretion. 5 Conn. Cir. Ct. 228. Cited. 6 Conn. Cir. Ct. 130; 261; 263. The six conditions precedent apply only in cases of operation under influence of liquor and not drugs. Id., 303. State must prove that defendant charged with driving under the influence of liquor was exclusively under influence of liquor and not drug or drugs and liquor. Id, 364. Refusal to submit to a chemical sobriety test is inadmissible. Id., 470, 474, 475. Cited. Id., 503.

      Subsec. (a):

      Cited. 179 C. 377. Cited. 203 C. 305. Cited. 204 C. 521. Cited. 209 C. 806. Cited. 211 C. 389. Cited. 216 C. 172. Cited. 226 C. 470, 472. Subdiv. (1) cited. 227 C. 534. Subdiv. (1) cited. 231 C. 926; 233 C. 302. Administrative suspension of operator's license does not bar prosecution for violation of this section. 235 C. 614. Defendant's act of inserting key into ignition, regardless of whether key was turned, constituted operation of a motor vehicle. 279 C. 546.

      Cited. 11 CA 185; Id., 644. Cited. 12 CA 427. Cited. 14 CA 216. Cited. 15 CA 58. Cited. 17 CA 209; Id., 250. State not required to prove that defendant intended to move vehicle in order to prove operation under the statute. 22 CA 88. Intent to move a vehicle not an element of operation of a motor vehicle while under the influence in violation of section. 24 CA 467. Subdiv. (2) cited. 25 CA 282. Cited. 27 CA 461. Subdiv. (1) cited. 28 CA 708. Subdiv. (1) cited. 29 CA 455. Subdiv. (2) cited. Id. Cited. 30 CA 742. Cited. 33 CA 590. Cited. 34 CA 189; Id., 201. Subdiv. (1) cited. 35 CA 631. Subdiv. (2) cited. Id. Cited. 36 CA 463. Cited. 40 CA 420. Subdiv. (1) cited. 41 CA 7. Cited. 42 CA 10; Id., 589. Cited. 46 CA 633. Proof of operation on public highway is question of fact and defendant Commissioner of Motor Vehicles made reasonable factual finding of such operation in case in which plaintiff was found seated in the driver's seat with seat belt on in his car on the shoulder of an interstate highway and the engine of the car was running. 48 CA 552. A person operates a motor vehicle when in the vehicle he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of the vehicle. 50 CA 34. Defendant who was found unconscious behind wheel of car while engine was running could be deemed to have operated the vehicle for purposes of sustaining a conviction under the section. 51 CA 782. Where defendant was found intoxicated, in the vehicle with the engine running and in a position to control the vehicle's movement, conviction under this section was upheld. 60 CA 551. Evidence that defendant failed field sobriety tests and testimony of state toxicologist was sufficient to sustain conviction under section. 71 CA 497. It is inconceivable that legislature's broad umbrella of protection would insulate intoxicated persons from drunk driving laws pursuant to this subsec. because the parking area did not have zoning approval for ten or more spaces; thus, a nine space parking lot that regularly accommodates and is used by ten or more cars satisfies requirements of statute. 76 CA 716. For purposes of finding violation under Subdiv. (1), the state of being under the influence of intoxicating liquor is not a fact on which the state is required to present expert testimony. 84 CA 519.

      Subsec. (b):

      Cited. 208 C. 812. Cited. 211 C. 389.

      Court declined "to formulate or adopt a behavioral definition of driving while impaired". 14 CA 216. Cited. 15 CA 58. Cited. 41 CA 7.

      Subdiv. (5) contains condition precedent to introduction of evidence concerning amount of alcohol in defendant's system as shown by chemical analysis of breath, i.e. that he be afforded additional chemical test. 34 CS 679. Requirements of this subsection apply only to prosecutions for violations of subsection (a) of this section, not to prosecutions under section 53a-58a. 35 CS 511. Cited. 37 CS 767. Subdiv. (5) cited. 38 CS 689.

      Subdiv. (1): Defendant did not lack legal capacity to consent to the test merely because he was under a probate court conservatorship of his person and estate. 3 Conn. Cir. Ct. 47. Subdiv. (4): Defendant's claim that syringe used by physician to extract blood sample was a device used for the test and therefore had to be checked for accuracy had no merit. Id., 48. Subdiv. (4): Device referred to in subdiv. is analysis equipment and not equipment used to collect blood sample. 5 Conn. Cir. Ct. 326.

      Subsec. (c):

      Subdiv. (3) cited. 180 C. 252. Cited. 229 C. 31.

      Cited. 12 CA 427. Cited. 17 CA 209; Id., 250. P.A. 93-371, Sec. 2 cited. 41 CA 874. Rebuttable presumption as a permissive inference discussed. Id. P.A. 85-596 cited. Id. Cited. 42 CA 10; Id., 589. "Rebuttable presumption" under statute defined as a "permissive inference". 48 CA 391. Based on the stipulated facts and inferences thereon, trial court reasonably concluded that the urine tests were commenced within two hours of operation as required by the section. 51 CA 790. Although jury instructions used rebuttable presumption language of statute, such instructions were harmless since court also instructed jury re reasonable inferences and provided examples. 71 CA 179.

      Cited. 34 CS 679.

      Subsec. (d):

      Does not proscribe admission of evidence that fails to satisfy regulatory requirements. 263 C. 390.

      Subdiv. (3) cited. 14 CA 216. Cited. 35 CA 631.

      Subsec. (e):

      Court's instruction that jury "may make any reasonable inference" was permissible with respect to defendant's refusal to submit to a Breathalyzer test. 84 CA 519.

      Subsec. (f):

      Cited. 204 C. 521.

      Cited. 14 CA 216. Cited. 28 CA 708. Not unconstitutionally vague under U.S. Constitution as applied to defendant. 41 CA 7. Jury was not misled when trial judge's instructions identified a permissive inference and substantially complied with statutory language; applicability of possible negative inference not limited to violation of Subsec. (a)(1). 63 CA 433.

      Subsec. (g):

      Trial court has clear duty under Subsec. to adjudicate second part of two part information in all cases in which information filed. 271 C. 115. Is constitutional and does not violate defendant's right to have a jury decide questions of fact as the question of whether New York's and Connecticut's drunk driving statutes are substantially similar is a question of law properly left to the court. 276 C. 503.

      Imposition of enhanced penalties for third time offense under subsection requires only third violation of Subsec. (a), and does not require previous conviction as second time offender. 90 CA 177.

      Subsec. (h):

      Subdiv. (3): Enhanced penalties apply to third conviction when only one of two prior convictions occurred within five years of the present conviction. 210 C. 573. Cited. 221 C. 716. Subdiv. (3) cited. 234 C. 918. Subdiv. (3) imposes enhanced penalties on those whose third violation of Sec. 14-227a(a) occurs within the five-year period, regardless of when that conviction occurs; judgment of appellate court in State v. Burns, 38 CA 8, reversed. 236 C. 18.

      Cited. 7 CA 748. Person sentenced to mandatory minimum sentence not entitled to "good time credit" or "employment credit". 17 CA 827. Administrative suspension of driver's license by Department of Motor Vehicles and prosecution by the court of underlying offense of driving while intoxicated does not violate separation of powers provision of state constitution. 51 CA 4. Statute providing for imposition of enhanced penalties when a person is convicted of a third offense of operating a motor vehicle while under the influence of intoxicating liquor within ten years of prior conviction of the same offense does not require that the third conviction be within ten years of all prior convictions. 70 CA 565.

      Subsec. (j):

      Cited. 7 CA 748. Requirement of a search warrant does not eliminate consent as a means of securing test results. 65 CA 634.

      Subsec. (l):

      Cited. 42 CA 589. Does not govern admissibility of blood alcohol tests taken at out-of-state hospitals and is permissive in nature. 57 CA 484. Court satisfied that hospital's internal policy of having registered nurse draw blood from patients who are admitted and fact that emergency room was staffed with two registered nurses show that requirements of subsection have been met. 61 CA 90.

      Sec. 14-227b. Implied consent to test operator's blood, breath or urine. Testing procedures. License suspension. Hearing. (a) Any person who operates a motor vehicle in this state shall be deemed to have given such person's consent to a chemical analysis of such person's blood, breath or urine and, if such person is a minor, such person's parent or parents or guardian shall also be deemed to have given their consent.

      (b) If any such person, having been placed under arrest for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both, and thereafter, after being apprised of such person's constitutional rights, having been requested to submit to a blood, breath or urine test at the option of the police officer, having been afforded a reasonable opportunity to telephone an attorney prior to the performance of such test and having been informed that such person's license or nonresident operating privilege may be suspended in accordance with the provisions of this section if such person refuses to submit to such test or if such person submits to such test and the results of such test indicate that such person has an elevated blood alcohol content, and that evidence of any such refusal shall be admissible in accordance with subsection (e) of section 14-227a and may be used against such person in any criminal prosecution, refuses to submit to the designated test, the test shall not be given; provided, if the person refuses or is unable to submit to a blood test, the police officer shall designate the breath or urine test as the test to be taken. The police officer shall make a notation upon the records of the police department that such officer informed the person that such person's license or nonresident operating privilege may be suspended if such person refused to submit to such test or if such person submitted to such test and the results of such test indicated that such person had an elevated blood alcohol content.

      (c) If the person arrested refuses to submit to such test or analysis or submits to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicate that such person has an elevated blood alcohol content, the police officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately revoke and take possession of the motor vehicle operator's license or, if such person is a nonresident, suspend the nonresident operating privilege of such person, for a twenty-four-hour period. The police officer shall prepare a written report of the incident and shall mail the report and a copy of the results of any chemical test or analysis to the Department of Motor Vehicles within three business days. The report shall be made on a form approved by the Commissioner of Motor Vehicles and shall be subscribed and sworn to under penalty of false statement as provided in section 53a-157b by the arresting officer. If the person arrested refused to submit to such test or analysis, the report shall be endorsed by a third person who witnessed such refusal. The report shall set forth the grounds for the officer's belief that there was probable cause to arrest such person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both and shall state that such person had refused to submit to such test or analysis when requested by such police officer to do so or that such person submitted to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content.

      (d) If the person arrested submits to a blood or urine test at the request of the police officer, and the specimen requires laboratory analysis in order to obtain the test results, the police officer shall not take possession of the motor vehicle operator's license of such person or, except as provided in this subsection, follow the procedures subsequent to taking possession of the operator's license as set forth in subsection (c) of this section. If the test results indicate that such person has an elevated blood alcohol content, the police officer, immediately upon receipt of the test results, shall notify the Commissioner of Motor Vehicles and submit to the commissioner the written report required pursuant to subsection (c) of this section.

      (e) (1) Except as provided in subdivision (2) of this subsection, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any license or nonresident operating privilege of such person effective as of a date certain, which date shall be not later than thirty days after the date such person received notice of such person's arrest by the police officer. Any person whose license or operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner to be held prior to the effective date of the suspension. The commissioner shall send a suspension notice to such person informing such person that such person's operator's license or nonresident operating privilege is suspended as of a date certain and that such person is entitled to a hearing prior to the effective date of the suspension and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice.

      (2) If the person arrested (A) is involved in an accident resulting in a fatality, or (B) has previously had such person's operator's license or nonresident operating privilege suspended under the provisions of section 14-227a during the ten-year period preceding the present arrest, upon receipt of such report, the Commissioner of Motor Vehicles may suspend any license or nonresident operating privilege of such person effective as of the date specified in a notice of such suspension to such person. Any person whose license or operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner. The commissioner shall send a suspension notice to such person informing such person that such person's operator's license or nonresident operating privilege is suspended as of the date specified in such suspension notice, and that such person is entitled to a hearing and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice. Any suspension issued under this subdivision shall remain in effect until such suspension is affirmed or such license or operating privilege is reinstated in accordance with subsections (f) and (h) of this section.

      (f) If such person does not contact the department to schedule a hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) or (j) of this section.

      (g) If such person contacts the department to schedule a hearing, the department shall assign a date, time and place for the hearing, which date shall be prior to the effective date of the suspension, except that, with respect to a person whose license or nonresident operating privilege is suspended in accordance with subdivision (2) of subsection (e) of this section, such hearing shall be scheduled not later than thirty days after such person contacts the department. At the request of such person or the hearing officer and upon a showing of good cause, the commissioner may grant one continuance for a period not to exceed fifteen days. The hearing shall be limited to a determination of the following issues: (1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both; (2) was such person placed under arrest; (3) did such person refuse to submit to such test or analysis or did such person submit to such test or analysis, commenced within two hours of the time of operation, and the results of such test or analysis indicated that such person had an elevated blood alcohol content; and (4) was such person operating the motor vehicle. In the hearing, the results of the test or analysis shall be sufficient to indicate the ratio of alcohol in the blood of such person at the time of operation, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such person is twelve-hundredths of one per cent or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and analysis thereof accurately indicate the blood alcohol content at the time of operation. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases.

      (h) If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall reinstate such license or operating privilege. If, after such hearing, the commissioner does not find on any one of the said issues in the negative or if such person fails to appear at such hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) or (j) of this section. The commissioner shall render a decision at the conclusion of such hearing or send a notice of the decision by bulk certified mail to such person not later than thirty days or, if a continuance is granted, not later than forty-five days from the date such person received notice of such person's arrest by the police officer. The notice of such decision sent by certified mail to the address of such person as shown by the records of the commissioner shall be sufficient notice to such person that such person's operator's license or nonresident operating privilege is reinstated or suspended, as the case may be. Unless a continuance of the hearing is granted pursuant to subsection (g) of this section, if the commissioner fails to render a decision within thirty days from the date such person received notice of such person's arrest by the police officer, the commissioner shall reinstate such person's operator's license or nonresident operating privilege, provided notwithstanding such reinstatement the commissioner may render a decision not later than two days thereafter suspending such operator's license or nonresident operating privilege.

      (i) Except as provided in subsection (j) of this section, the commissioner shall suspend the operator's license or nonresident operating privilege of a person who did not contact the department to schedule a hearing, who failed to appear at a hearing or against whom, after a hearing, the commissioner held pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice or the date the commissioner renders a decision, whichever is later, for a period of: (1) (A) Except as provided in subparagraph (B) of this subdivision, ninety days, if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) one hundred twenty days, if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, or (C) six months if such person refused to submit to such test or analysis, (2) if such person has previously had such person's operator's license or nonresident operating privilege suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, nine months if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) ten months if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) one year if such person refused to submit to such test or analysis, and (3) if such person has two or more times previously had such person's operator's license or nonresident operating privilege suspended under this section, (A) except as provided in subparagraph (B) of this subdivision, two years if such person submitted to a test or analysis and the results of such test or analysis indicated that such person had an elevated blood alcohol content, (B) two and one-half years if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight, and (C) three years if such person refused to submit to such test or analysis.

      (j) The commissioner shall suspend the operator's license or nonresident operating privilege of a person under twenty-one years of age who did not contact the department to schedule a hearing, who failed to appear at a hearing or against whom, after a hearing, the commissioner held pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice or the date the commissioner renders a decision, whichever is later, for twice the appropriate period of time specified in subsection (i) of this section.

      (k) Notwithstanding the provisions of subsections (b) to (j), inclusive, of this section, any police officer who obtains the results of a chemical analysis of a blood sample taken from an operator of a motor vehicle involved in an accident who suffered or allegedly suffered physical injury in such accident shall notify the Commissioner of Motor Vehicles and submit to the commissioner a written report if such results indicate that such person had an elevated blood alcohol content, and if such person was arrested for violation of section 14-227a in connection with such accident. The report shall be made on a form approved by the commissioner containing such information as the commissioner prescribes, and shall be subscribed and sworn to under penalty of false statement, as provided in section 53a-157b, by the police officer. The commissioner may, after notice and an opportunity for hearing, which shall be conducted in accordance with chapter 54, suspend the motor vehicle operator's license or nonresident operating privilege of such person for a period of up to ninety days, or, if such person has previously had such person's operator's license or nonresident operating privilege suspended under this section for a period of up to one year. Each hearing conducted under this subsection shall be limited to a determination of the following issues: (1) Whether the police officer had probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both; (2) whether such person was placed under arrest; (3) whether such person was operating the motor vehicle; (4) whether the results of the analysis of the blood of such person indicate that such person had an elevated blood alcohol content; and (5) whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (j) of section 14-227a. If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall not impose a suspension. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases, as provided in section 52-260.

      (l) The provisions of this section shall apply with the same effect to the refusal by any person to submit to an additional chemical test as provided in subdivision (5) of subsection (b) of section 14-227a.

      (m) The provisions of this section shall not apply to any person whose physical condition is such that, according to competent medical advice, such test would be inadvisable.

      (n) The state shall pay the reasonable charges of any physician who, at the request of a municipal police department, takes a blood sample for purposes of a test under the provisions of this section.

      (o) For the purposes of this section, "elevated blood alcohol content" means (1) a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, or (2) if such person is under twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.

      (p) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

      (1963, P.A. 616, S. 2; February, 1965, P.A. 190; 1967, P.A. 656, S. 9; 721; P.A. 75-205; P.A. 80-438, S. 4; P.A. 81-446, S. 3; P.A. 82-403, S. 4; 82-408, S. 4; P.A. 83-534, S. 2; P.A. 85-596, S. 2; P.A. 89-314, S. 1, 5; P.A. 90-263, S. 73, 74; P.A. 93-371, S. 1, 5; P.A. 94-189, S. 14; P.A. 95-279, S. 1, 2; P.A. 98-182, S. 20, 22; P.A. 99-255, S. 2; P.A. 02-70, S. 72; May 9 Sp. Sess. P.A. 02-1, S. 109; P.A. 03-278, S. 48, 49; P.A. 04-250, S. 1; P.A. 05-215, S. 6.)

      History: 1965 act added provision re implied consent of parents or guardian of minor; 1967 acts required state to pay charges of physician who takes blood sample at police department's request, required arrested person to be informed of constitutional rights, required that three conditions be met for suspension or revocation of license rather than that single condition, i.e. that person was operating vehicle, be met and made provisions inapplicable if charge nolled or changed; P.A. 75-205 included reference to urine tests and to operation of vehicle under influence of drug or both drug and alcohol; P.A. 80-438 specified that judge rather than court or jury is responsible for making finding and added provision re finding in case where charge nolled or changed, allowed suspension or revocation for maximum of six months rather than upon terms and conditions of commissioner and deleted previous provision excluding nolled or changed charge; P.A. 81-446 added the provisions that the license of any person who refuses to submit to test shall be automatically suspended for ninety days, that police officer shall file a written report of such refusal, and that any person whose operating privilege has been suspended in accordance with this section shall be entitled to an immediate hearing before the commissioner; P.A. 82-403 amended Subsec. (b) by replacing the provision that a license will be suspended "for a period of ninety days" with "in accordance with the provisions of subsections (d) and (e) of this section", amended Subsec. (c) by adding "resulting in erratic driving, a motor vehicle violation or a motor vehicle accident", amended Subsec. (d) by specifying its provisions concerned "a first" refusal, made Subsec. (e) a part of Subsec. (d) and added a new Subsec. (e) concerning the hearing procedure for license suspension upon a second or subsequent refusal and the period of such suspension; P.A. 82-408 added provisions re revocation of license for twenty-four hour period; P.A. 83-534 amended the section to make it applicable to a person arrested for operating a motor vehicle "while his ability to operate such motor vehicle is impaired by the consumption of intoxicating liquor", amended Subsec. (b) to authorize the police officer to designate which test the arrested person shall take, to provide that if the person refuses or is unable to submit to a blood test the police officer shall designate the breath or urine test, to require the police officer to inform the person that evidence of refusal to submit to a test will be admissible and may be used against him in a criminal prosecution and to require the police officer to make a record that he informed the person that refusal to take the test would cause suspension of his driver's license, amended Subsec. (d) to increase from ninety days to six months the period of license suspension upon a first refusal, and amended Subsec. (f) to change its applicability from a person who refuses to take a test for the "second or subsequent" time to a person whose license has previously been suspended for a refusal, who has previously been found guilty of operating under the influence or who has previously participated in the pretrial alcohol education system; P.A. 85-596 amended Subsec. (b) to add requirement of affording an operator a reasonable opportunity to telephone an attorney prior to the performance of the test and inserted a new Subsec. (g) re the applicability of the provisions of the section to a refusal to submit to an additional test and relettered the remaining Subsecs. accordingly; P.A. 89-314 extensively revised section by making the provisions applicable to any person who is arrested for manslaughter in the second degree with a motor vehicle or assault in the second degree with a motor vehicle and to any person who submits to a test or analysis where the results of such test or analysis indicate that at the time of the alleged offense the ratio of alcohol in the blood of such person was ten-hundredths of one per cent or more of alcohol, by weight, by amending Subsec. (c) to require the arresting police officer "acting on behalf of the commissioner of motor vehicles" to "take possession" of the license or "suspend" the nonresident operating privilege for twenty-four hours, issue a temporary operator's license or nonresident operating privilege valid for the period commencing twenty-four hours after issuance and ending thirty-five days after the date such person received notice of his arrest, prepare a report of the incident and mail the report together with a copy of the completed temporary license form, any operator's license and a copy of the results of any chemical test or analysis to the department of motor vehicles within three business days, and require that the report be made by the police officer before whom such refusal was made "or who administered or caused to be administered such test or analysis", by amending Subsec. (d) to replace provisions requiring the commissioner upon receipt of a report of a first refusal to suspend a license for six months with provisions requiring the commissioner upon receipt of a report to suspend the license "effective as of a date certain, which date shall be not later than thirty-five days after the date such person received notice of his arrest by the police officer" and to add provisions requiring the commissioner to send the person a suspension notice and specifying the contents of such notice, by deleting Subsec. (e) re police procedure when a license is revoked for twenty-four hours, by deleting Subsec. (f) re the scheduling of a hearing, the issues at the hearing and the suspension for one year for a refusal and three years for a subsequent refusal of the license or privilege of a person whose license or privilege had previously been suspended for a refusal, who had previously been found guilty of operating while under the influence or who had previously participated in the pretrial alcohol education system, by adding a new Subsec. (e) to require the commissioner to affirm the suspension if the person does not schedule a hearing, by adding a new Subsec. (f) re the scheduling and holding of the hearing, the granting of a continuance, the extension of the validity of the temporary license and the issues to be determined at the hearing, formerly part of Subsec. (d), by designating the last sentence of Subsec. (d) as Subsec. (g) and adding provisions re affirmation of the suspension contained in the suspension notice if the commissioner does not find on any one of the said issues in the negative or if the person fails to appear at the hearing, time periods for rendering a decision and sending notice of such decision, and the reinstatement of the license if the commissioner fails to timely render a decision, by adding a new Subsec. (h) re the suspension by the commissioner of the license or privilege, the revocation by the commissioner of the temporary license or privilege, and the periods of license suspension, by redesignating Subsecs. (g), (h) and (i) as Subsecs. (i), (j) and (k), respectively, and by adding Subsec. (l) re regulations; P.A. 90-263 amended Subsec. (f) to require that fees of witnesses summoned to appear at the hearing be the same as provided by the general statutes for witnesses in criminal cases; P.A. 93-371 eliminated the requirement that the test results indicate an elevated blood alcohol ratio "at the time of the alleged offense" by deleting that phrase where appearing, amended Subsec. (c) to require the test or analysis be commenced within two hours of the time of operation and require the report to be "subscribed" and sworn to under penalty of false statement by "the arresting officer" rather than by "the police officer before whom such refusal was made or who administered or caused to be administered such test or analysis", amended Subsec. (f) to authorize the granting of a continuance "at the request of such person or the hearing officer", provide in Subdiv. (3) that part of the issue to be determined is whether the test or analysis was commenced within two hours of the time of operation and added provision requiring evidence be presented that the test results and analysis thereof indicate the blood alcohol content at the time of operation when the additional test indicates the blood alcohol ratio is twelve-hundredths of one per cent or less and is higher than the results of the first test and amended Subsec. (g) to authorize the commissioner to send a notice of his decision by "bulk" certified mail and replace "Unless a continuance is granted to such person" with "Unless a continuance of the hearing is granted", effective July 1, 1993 (Revisor's note: Towards the end of Subsec. (f) the phrase "twelve-hundredths of one per cent or less or alcohol, by weight," was changed editorially by the Revisors to "twelve-hundredths of one per cent or less of alcohol, by weight," for consistency); P.A. 94-189 amended Subsec. (c) by decreasing the time period during which a temporary license or nonresident operating privilege is valid from thirty-five to thirty days after the date of receipt of notice of arrest, amended Subsec. (d) by changing the effective date of suspension from "not later than thirty-five" to "not later than thirty days" after the date of receipt of notice of arrest, amended Subsec. (f) by increasing the continuance period from "not to exceed ten days" to "not to exceed fifteen days", amended Subsec. (g) by decreasing the time period for rendering a decision or sending a notice of decision from thirty-five to thirty days and amended Subdiv. (1) of Subsec. (h) by deleting "at the time of the alleged offense" before "the ratio of alcohol in the blood"; P.A. 95-279 amended Subsecs. (b), (c) and (f) to delete reference to manslaughter in the second degree with a motor vehicle or assault in the second degree with a motor vehicle, and amended Subsecs. (b) and (d) to make suspension of license discretionary rather than mandatory for refusal to submit to test or for submission to test and results indicating that ratio of alcohol in the blood of such operator was ten-hundredths of one per cent or more of alcohol, by weight, or, in the case of Subsec. (d) upon receipt of report by commissioner, effective July 6, 1995; P.A. 98-182 added a new Subsec. (d) re procedures for a police officer to take possession of a motor vehicle operator's license and added a new Subsec. (j) re submission of a chemical analysis of a blood sample of a motor vehicle operator and report to the commissioner, and hearing procedures re license suspension, effective January 1, 1999; P.A. 99-255 made provisions applicable when a person has "an elevated blood alcohol content" rather than when "the ratio of alcohol in the blood of such person was ten-hundredths of one per cent or more of alcohol, by weight", amended Subsec. (i) to revise Subdiv. (1) by adding new Subpara. (B) to provide for a suspension period of "one hundred twenty days, if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one per cent or more of alcohol, by weight" and redesignating former Subpara. (B) as Subpara. (C), to revise Subdiv. (2) by replacing provision that specified a uniform suspension period of one year with provisions of Subparas. (A), (B) and (C) specifying a suspension period of nine months if the person submitted to a test or analysis and had an elevated blood alcohol content, ten months if the person submitted to a test or analysis and had a blood alcohol ratio of sixteen-hundredths of one per cent or more of alcohol, by weight, and one year if the person refused to submit to a test or analysis, respectively, and to revise Subdiv. (3) by replacing provision that specified a uniform suspension period of two years with provisions of Subparas. (A), (B) and (C) specifying a suspension period of two years if the person submitted to a test or analysis and had an elevated blood alcohol content, two and one-half years if the person submitted to a test or analysis and had a blood alcohol ratio of sixteen-hundredths of one per cent or more of alcohol, by weight, and three years if the person refused to submit to a test or analysis, respectively, added new Subsec. (n) defining "elevated blood alcohol content", redesignating former Subsec. (n) as Subsec. (o), and made technical changes for purposes of gender neutrality; P.A. 02-70 amended Subsec. (c) to eliminate requirement that police officer issue a temporary operator's license or nonresident operating privilege and to eliminate requirement that police officer mail to Department of Motor Vehicles a copy of completed temporary license form and any operator's license taken into possession, effective July 1, 2002; May 9 Sp. Sess. P.A. 02-1 amended Subsecs. (b), (c), (g), and (j) to eliminate references to operating a motor vehicle while the person's ability is impaired by the consumption of intoxicating liquor, amended Subsec. (n) to reduce ratio of alcohol in blood from ten-hundredths to eight-hundredths of one per cent or more of alcohol in definition of "elevated blood alcohol content", eliminate from such definition former Subdiv. (2) providing "if such person has been convicted of a violation of subsection (a) of section 14-227a, a ratio of alcohol in the blood of such person that is seven-hundredths of one per cent or more of alcohol, by weight" and redesignate existing Subdiv. (3) as Subdiv. (2), and made technical changes in Subsecs. (b), (j) and (k), effective July 1, 2002; P.A. 03-278 made technical changes in Subsecs. (g) and (i), effective July 9, 2003; P.A. 04-250 amended Subsec. (e) by designating existing provisions as Subdiv. (1), making conforming changes therein, and adding Subdiv. (2) to permit commissioner to suspend license or operating privilege, upon notice and prior to hearing, of person arrested for operating motor vehicle under influence of alcohol or drugs if person involved in accident resulting in fatality or previously arrested under Sec. 14-227a during preceding ten-year period, amended Subsec. (g) to require hearing re license or operating privilege suspension not later than thirty days after person contacts department and made technical changes in Subsec. (o); P.A. 05-215 amended Subsecs. (f) and (h) re suspension period to add reference to Subsec. (j), amended Subsec. (i) to add exception for suspensions under Subsec. (j), added new Subsec. (j) re increased suspension period for a person under twenty-one years of age, redesignated existing Subsecs. (j) to (o) as Subsecs. (l) to (p), and amended Subsec. (k) to replace "subsections (b) to (i), inclusive" with "subsections (b) to (j), inclusive", effective January 1, 2006.

      Cited. 200 C. 1; Id., 615. Cited. 203 C. 97. Cited. 204 C. 507; Id., 521. Cited. 210 C. 446. Cited. 224 C. 730. Cited. 229 C. 31; Id., 51. Cited. 230 C. 183. Cited. 235 C. 614. Question of whether police have a reasonable and articulable suspicion to justify investigative stop is outside scope of the four issues to be considered at a license suspension hearing conducted pursuant to the statute. 252 C. 38.

      Cited. 12 CA 427. Cited. 14 CA 212. Cited. 22 CA 142. Cited. 26 CA 101; Id., 805. Cited. 27 CA 346. Cited. 28 CA 733; Id., 911. Cited. 29 CA 576. Cited. 30 CA 108. Cited. 31 CA 797. Cited. 33 CA 501. Cited. 34 CA 189; Id., 201; Id., 557; Id., 655. Cited. 36 CA 710. Cited. 43 CA 636. Cited. 44 CA 702. Cited. 45 CA 225; Id., 577. Finding that plaintiff refused to submit to breath analysis valid where plaintiff had provided sufficient breath for previous test and was warned his failure to blow would constitute a refusal. 47 CA 509. Without legislative action to enlarge the scope of a license suspension hearing beyond the four issues specified in Subsec. (f), noncompliance with Subsec. (b) is irrelevant in such a proceeding. Id., 839. Court rejected defendant's claim that the statute is void for vagueness because an ordinary person has no ascertainable method for measuring his or her own blood alcohol level. 48 CA 635. Where arrested person refuses to take breath test, statute requires presence of three persons: the arresting officer, person charged and a third party witness who may or may not be the same person who took the arresting officer's oath. 54 CA 62. Analysis provided for under this section assumes a test for which results are obtained. 60 CA 455. Plaintiff was not operating motor vehicle within section's meaning because, at the time the officer approached, plaintiff was not doing any act, manipulating any machinery or making use of any mechanical or electrical agency that alone or in sequence would set in motion the vehicle's motive power. 92 CA 365.

      Prior to this act, refusal of accused, while in custody, to submit samples of body fluids, unaccompanied by words or acts in the nature of admissions by conduct, was held inadmissible. 22 CS 321. Where sample of blood was taken from defendant when he was unconscious in a hospital and could not give his consent, such taking was in violation of his constitutional rights and was not authorized by this section. 26 CS 41. Cited. 37 CS 767. Cited. 38 CS 675; Id., 689. Cited. 39 CS 285. Cited. 40 CS 505. At time of arrest, statute did not afford a statutory right to consult with counsel. Id., 512. Cited. 41 CS 437. Cited. 42 CS 1; Id., 306; Id., 599; Id., 602. In hearing on motor vehicle license suspension, failure of police to indicate on form use of certified analytical device not required by statute. 45 CS 489.

      Cited. 3 Conn. Cir. Ct. 46; Id., 347. Competent evidence of any nature, in addition to a breath or blood test, may be relied on to prove insobriety. Id., 478, 479. Finding of operation must be made by the trier of the facts. 4 Conn. Cir. Ct. 34, 46. State not empowered to request finding of operation after jury has been discharged and verdict has been accepted. Id. Circuit court's finding that defendant was operator of motor vehicle is a final judgment for purposes of section 51-265. Id. Applies only to cases involved with driving under the influence of alcohol and not drugs. Any test for drugs has no need for compliance with the relationship of time and arrest. 6 Conn. Cir. Ct. 303.

      Subsec. (b):

      Cited. 12 CA 338. Cited. 17 CA 250. Cited. 28 CA 708. Cited. 30 CA 36. Cited. 41 CA 7. Driver did not have fifth amendment right to consult with counsel before deciding whether to take breath test and failure of statute to require police officer to inform driver that his Miranda rights did not extend to taking a breath test did not deprive him of due process under fourteenth amendment. 53 CA 391.

      Failure to warn completely as required by statute renders suspension of license contrary to law. 40 CS 505. Reference to actual suspension period not required in warning to be given to operator. Id., 512.

      Subsec. (c):

      Written report required by this section may be admissible at administrative suspension hearing even if officer originating report was not currently certified to administer breath analysis tests. 229 C. 31.

      Cited. 31 CA 350. Report of refusal to take breath test properly admitted into evidence in administrative proceeding where plaintiff, arresting officer and testing officer were present during testing and arresting officer swore to report form in capacity as arresting officer and as witness to the refusal. 61 CA 213. Court properly determined there was substantial evidence to support commissioner's finding of refusal by conduct where plaintiff failed to comply with officer's repeated instructions as to how test should be performed, improperly blew into intoxilyzer and subsequently refused to blow into intoxilyzer again. Id. Refusal to take breath test can occur through conduct as well as expressed refusal. 70 CA 76.

      Subsec. (d):

      Before suspending a license, commissioner is not required to find that subject understood consequences of refusal to submit to chemical testing. 200 C. 1. License suspension hearing must be limited to the four issues set forth. 204 C. 507. Scope of administrative hearing clearly limited. Id., 521.

      Cited. 9 CA 686. Cited. 15 CA 58. Cited. 29 CA 582. Cited. 30 CA 36.

      Subsec. (e):

      Cited. 15 CA 58.

      Subsec. (f):

      Cited. 9 CA 686. Cited. 15 CA 58. Cited. 29 CA 582. Subdiv. (3) cited. 30 CA 36. Cited. 31 CA 350. Legislature created a "rebuttable presumption" that test results can be used in place of direct evidence. 48 CA 391. Re probable cause for traffic stop, an investigatory stop is authorized if the police officer had a reasonable and articulable suspicion that the person has committed or is about to commit a crime. 49 CA 481.

      Subsec. (g):

      Cited. 31 CA 350. Probable cause not needed to make a lawful stop of a motor vehicle; investigative stops discussed. 47 CA 111. Trial court's findings relative to administrative hearing issues reviewed and affirmed. Id., 451.

      Subsec. (h):

      Subdiv. (1)(B) cited. 30 CA 36. Administrative suspension of driver's license by Department of Motor Vehicles and prosecution by the court of underlying offense of driving while intoxicated does not violate separation of powers provision of state constitution. 51 CA 4. Delivery by bulk certified mail of commissioner's decisions is sufficient notice. 62 CA 796.

      Subsec. (j):

      Re plaintiff's claim that hearing officer should only have considered plaintiff's medical report re inadvisability to take Breathalyzer test, hearing officer's consideration of other evidence was proper in this case. 62 CA 604.

      Sec. 14-227c. Blood or breath samples required following accidents resulting in death or serious physical injury. (a) As part of the investigation of any motor vehicle accident resulting in the death of a person, the Chief Medical Examiner, Deputy Chief Medical Examiner, an associate medical examiner, a pathologist as specified in section 19a-405, or an authorized assistant medical examiner, as the case may be, shall order that a blood sample be taken from the body of any operator or pedestrian who dies as a result of such accident. Such blood samples shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Public Safety or by the Office of the Chief Medical Examiner. Nothing in this subsection or section 19a-406 shall be construed as requiring such medical examiner to perform an autopsy in connection with obtaining such blood samples.

      (b) A blood or breath sample shall be obtained from any surviving operator whose motor vehicle is involved in an accident resulting in the serious physical injury, as defined in section 53a-3, or death of another person, if (1) a police officer has probable cause to believe that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both, or (2) such operator has been charged with a motor vehicle violation in connection with such accident and a police officer has a reasonable and articulable suspicion that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both. The test shall be performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Public Safety and shall be performed by a person certified or recertified for such purpose by said department or recertified by persons certified as instructors by the Commissioner of Public Safety. The equipment used for such test shall be checked for accuracy by a person certified by the Department of Public Safety immediately before and after such test is performed. If a blood test is performed, it shall be on a blood sample taken by a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, an emergency medical technician II, a registered nurse, a physician assistant or a phlebotomist. The blood samples obtained from an operator pursuant to this subsection shall be examined for the presence and concentration of alcohol and any drug by the Division of Scientific Services within the Department of Public Safety.

      (1971, P.A. 328; P.A. 75-308, S. 2; P.A. 76-245; P.A. 77-614, S. 323, 610; P.A. 79-47, S. 4; P.A. 80-142, S. 1; 80-190, S. 3; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-314, S. 6; P.A. 99-218, S. 5, 16; P.A. 00-196, S. 11; May 9 Sp. Sess. P.A. 02-1, S. 110; P.A. 03-265, S. 4; P.A. 04-250, S. 5; P.A. 06-173, S. 1.)

      History: P.A. 75-308 deleted four hour deadline for taking sample after death and required examination by health department toxicology lab or medical examiner's office; P.A. 76-245 added provision re autopsy; P.A. 77-614 replaced state department of health with department of health services, effective January 1, 1979; P.A. 79-47 included references to deputy chief medical examiners, associate medical examiners and pathologists; P.A. 80-142 and 80-190 deleted reference to coroners; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-314 required that blood or breath test be performed by or at direction of police officer according to approved methods and with equipment checked for accuracy by certified personnel and provided if a blood test is performed, it shall be on a blood sample taken by specified medical personnel; P.A. 99-218 replaced toxicological laboratory of the Department of Public Health with Division of Scientific Services within the Department of Public Safety, and replaced Department and Commissioner of Public Health with Department and Commissioner of Public Safety, effective July 1, 1999; P.A. 00-196 changed an incorrect internal reference to Sec. 14-227b to Sec. 14-227a; May 9 Sp. Sess. P.A. 02-1 made a technical change, effective July 1, 2002; P.A. 03-265 divided existing provisions into Subsecs. (a) and (b), amended Subsec. (a) to replace "a fatality" with "the death of a person" and require the blood samples be examined for the presence and concentration of "any drug", amended Subsec. (b) to replace "To the extent provided by law, a blood or breath sample may also be obtained from any surviving operator whose motor vehicle is involved in such an accident" with "A blood or breath sample shall be obtained from any surviving operator whose motor vehicle is involved in an accident resulting in the serious physical injury, as defined in section 53a-3, or death of another person, if a police officer has probable cause to believe that such operator operated such motor vehicle while under the influence of intoxicating liquor or any drug, or both", to require the blood samples be examined for the presence and concentration of "any drug" and to make technical changes and repositioned from Subsec. (b) to Subsec. (a) language re nothing being construed as requiring the performance of an autopsy; P.A. 04-250 amended Subsec. (b) to permit physician assistant to take blood sample of surviving operator; P.A. 06-173 amended Subsec. (b) to designate existing provision requiring police officer to have probable cause as Subdiv. (1) and add Subdiv. (2) requiring that sample be obtained if the operator has been charged with a motor vehicle violation in connection with accident and police officer has a reasonable and articulable suspicion that operator operated vehicle while under the influence of intoxicating liquor, any drug or both.

      Cited. 35 CS 511.

      Sec. 14-227d. Pilot program permitting issuance of warning to and twenty-four-hour revocation of license of certain alleged offenders. Section 14-227d is repealed.

      (P.A. 82-408, S. 3; P.A. 83-534, S. 11.)

      Sec. 14-227e. Community service for persons convicted of operation while under the influence of liquor or drug. As used in this section and subsection (g) of section 14-227a:

      (a) (1) "Community service" means the placement of defendants in unpaid positions with nonprofit or tax-supported agencies for the performance of a specified number of hours of work or service within a given period of time.

      (2) "Community service plan" means an agreement between the court and the defendant which specifies (A) the number of required community service hours, (B) the type of agency for placement, (C) the period of time in which the community service will be completed, (D) the tentative schedule, (E) a brief description of the responsibilities, (F) conditions and sanctions for failure to fulfill the plan, and (G) the supervisor of the plan.

      (b) In sentencing a defendant to perform community service, the court shall fix the conditions and terms of such sentence and shall review the community service plan and, upon approval, sentence such defendant in accordance with such plan. No sentence of community service shall be imposed without the consent of the defendant.

      (c) Any organization administering sentences of community service shall prepare and file with the court a copy of all community service plans and shall notify the court when a defendant has successfully completed such plan.

      (d) Any organization administering sentences of community service shall prepare a written statement outlining noncompliance by a defendant and shall without unnecessary delay notify the state's attorney for that judicial district requesting that a hearing be held to determine whether the sentence of community service should be revoked.

      (e) The court may at any time, for good cause shown, terminate the sentence of community service or modify or enlarge the terms or conditions or require the defendant to serve the original incarcerative sentence for violation of any of the conditions of the sentence of community service.

      (P.A. 85-387, S. 3; 85-613, S. 137; May 9 Sp. Sess. P.A. 02-1, S. 111.)

      History: P.A. 85-613 amended Subsec. (b) by deleting reference to community service plans "prepared by private not-for-profit community correction agencies" and deleted Subsec. (f) which required the department of correction to approve community service sentences; May 9 Sp. Sess. P.A. 02-1 made a technical change, effective July 1, 2002.

      Sec. 14-227f. Alcohol and drug addiction treatment program. Waiver. Appeal. Regulations. (a) Any person whose motor vehicle operator's license or nonresident operating privilege is suspended under subsection (g) of section 14-227a for a conviction of a violation of subsection (a) of said section or under section 14-227b for a second or subsequent time shall participate in a treatment program which includes an assessment of the degree of alcohol abuse and treatment, as appropriate, approved by the Commissioner of Motor Vehicles. The commissioner shall not reinstate the operator's license or nonresident operating privilege of any such person until such person submits evidence to the commissioner that such person has satisfactorily completed the treatment program. Any person whose certificate is suspended or revoked pursuant to section 15-133, 15-140l or 15-140n shall participate in such treatment program.

      (b) The treatment program shall be designed by the commissioner, with the advice and assistance of the Motor Vehicle Operator's License Medical Advisory Board established pursuant to section 14-46b, any state agency or any other public or private entity engaged in the provision of responsible services for the treatment of alcohol and drug addiction as the commissioner may request. The program shall consist of intensive treatment and a phase of continuing aftercare supervision and monitoring on an individual basis. The program may be provided by one or more private organizations approved by the commissioner which meet qualifications established by him, provided the entire costs of the program shall be paid from fees charged to the participants, the amounts of which shall be subject to the approval of the commissioner.

      (c) Upon receipt of notification from the commissioner of the requirement to participate in the program, such person may, within thirty days, petition the commissioner in writing for a waiver of such requirement on the following grounds: (1) The petitioner is presently undergoing a substantial treatment program for alcohol or drug addiction, or has completed such a program subsequent to his most recent arrest, either as a result of an order of the Superior Court or on a voluntary basis, and (2) the petitioner does not, in the opinion of a licensed physician based upon a personal examination, have a current addiction problem which affects his ability to operate a motor vehicle in a safe manner or pose a significant risk of having such a problem in the foreseeable future. In reviewing and determining whether to grant any such petition, the commissioner shall request and give due consideration to the advice of the Motor Vehicle Operator's License Medical Advisory Board. Any person aggrieved by the decision of the commissioner may appeal such decision in accordance with the provisions of chapter 54.

      (d) The commissioner shall adopt regulations in accordance with chapter 54 to implement the provisions of this section.

      (P.A. 95-314, S. 5; May 9 Sp. Sess. P.A. 02-1, S. 112; P.A. 03-244, S. 10; 03-265, S. 12, 21.)

      History: May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to make a technical change, effective July 1, 2002; P.A. 03-244 amended Subsec. (a) to provide for participation by persons convicted of Sec. 15-133, 15-140l or 15-140n and to make a technical change (Revisor's note: In Subsec. (a) an apparent clerical error which resulted in the appearance of a reference to "subsection (h) of section 14-227a" was corrected editorially by the Revisors to read "subsection (g) of section 14-227a", and also in Subsec. (a), "sections 15-133, 15-140l or 15-140n" was changed editorially by the Revisors to "section 15-133, 15-140l or 15-140n" for proper form); P.A. 03-265 amended Subsec. (a) to change requirement for participation in treatment program to include person whose operator's license is suspended for first conviction of violation of Sec. 14-227a(a) and to add requirement that drug treatment program include assessment of degree of alcohol abuse and treatment, as appropriate.

      Sec. 14-227g. Operation by person under twenty-one years of age while blood alcohol content exceeds two-hundredths of one per cent. Procedures. Penalties. (a) No person under twenty-one years of age shall operate a motor vehicle on a public highway of this state or on any road of a district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any private road on which a speed limit has been established in accordance with the provisions of section 14-218a, or in any parking area for ten or more cars or on any school property while the ratio of alcohol in the blood of such person is two-hundredths of one per cent or more of alcohol, by weight.

      (b) The fact that the operator of a motor vehicle appears to be sixteen years of age or over but under twenty-one years of age shall not constitute a reasonable and articulable suspicion that an offense has been or is being committed so as to justify an investigatory stop of such motor vehicle by a police officer.

      (c) The provisions of subsections (b), (d), (f), (g), (h), (i), (j), and (k) of section 14-227a, adapted accordingly, shall be applicable to a violation of subsection (a) of this section.

      (P.A. 95-314, S. 2; P.A. 96-180, S. 135, 166; P.A. 99-255, S. 5; May 9 Sp. Sess. P.A. 02-1, S. 113; P.A. 04-199, S. 34.)

      History: P.A. 96-180 amended Subsec. (a) to replace "over sixteen years of age" with "sixteen years of age or over", effective June 3, 1996; P.A. 99-255 substantially revised section by amending Subsec. (a) to delete provision that authorized a police officer who makes a custodial arrest of a motor vehicle operator under twenty-one years of age whom the officer reasonably believes has consumed alcoholic liquor and who exhibits some indicia of impairment to administer a blood, breath or urine test to such person, to add provision prohibiting any person under twenty-one years of age from operating a motor vehicle while the ratio of alcohol in the blood is two-hundredths of one per cent or more of alcohol, by weight, and to designate existing provisions re apparent age of operator not constituting a reasonable and articulable suspicion that an offense has been or is being committed as Subsec. (b), deleting former Subsec. (b) that required the police to report to the Commissioner of Motor Vehicles the name and address of a person whose blood alcohol content is more than two-hundredths but less than ten-hundredths of one per cent of alcohol, by weight, that required the commissioner to provide notice and an opportunity for hearing within forty-five days of receipt of such report and that specified the issues to be determined at such hearing, deleting former Subsec. (c) that required the commissioner to suspend the license or nonresident operating privilege for ninety days if the commissioner does not find any one of the issues enumerated in former Subsec. (b) in the negative or the person fails to appear at the hearing, that established an exception to such suspension if the person proves that the blood alcohol content was the result of consumption of liquor delivered or given to him on order of a practicing physician or by a parent, guardian or spouse as authorized by Sec. 30-86, and that specified the procedure and deadline for rendering a decision and sending notice to the person, and adding new Subsec. (c) to make the provisions of Subsecs. (c), (e), (g), (h), (j), (k) and (l) of Sec. 14-227a, adapted accordingly, applicable to a violation of Subsec. (a); May 9 Sp. Sess. P.A. 02-1 amended Subsec. (c) to make technical changes, effective July 1, 2002; P.A. 04-199 amended Subsec. (c) to add that provisions of Sec. 14-227a(k) are applicable to violation of Subsec. (a), effective July 1, 2004.

      Commissioner of Motor vehicles not limited to criminal prosecution where defendant is under twenty-one years of age and operated motor vehicle while under the influence of alcohol but can also suspend license of such person. 86 CA 51.

      Sec. 14-227h. Impoundment of motor vehicle operated by certain persons arrested for operating while under the influence of liquor or drug. Any police officer who arrests a person for a violation of subsection (a) of section 14-227a during the period such person's operator's license or right to operate a motor vehicle in this state is under suspension or revocation shall cause the motor vehicle such person was operating at the time of the offense to be impounded for a period of forty-eight hours after such arrest. The owner of such motor vehicle may reclaim such motor vehicle after the expiration of such forty-eight-hour period upon payment of all towing and storage costs.

      (P.A. 97-291, S. 2.)

      Sec. 14-227i. Records of police investigation of defendant re operation of motor vehicle while under influence of, or impaired by, intoxicating liquor or drugs. Copies. (a) Notwithstanding any provision of the general statutes, the investigating police department shall maintain any record of a defendant concerning the operation of a motor vehicle by such defendant while under the influence of, or impaired by the consumption of, intoxicating liquor or drugs for a period of not less than two years from the date such defendant was charged with a violation of section 14-227a.

      (b) (1) Notwithstanding any other provision of the general statutes, by making a written request to the investigating police department, a person injured in an accident caused by the alleged violation of section 14-227a by any such defendant, any party to a civil claim or proceeding arising out of such accident, or the legal representative of any such person or party may review and obtain regular or certified copies of any record concerning the operation of a motor vehicle by such defendant while under the influence of, or impaired by the consumption of, intoxicating liquor or drugs.

      (2) The investigating police department shall furnish regular or certified copies of any such record to any person or the legal representative of such person, or to such party, not later than fifteen days following receipt of such request. The investigating police department shall charge a fee for such copies that shall not exceed the cost to such police department for providing such copies, but not more than fifty cents per page in accordance with section 1-212.

      (P.A. 99-277, S. 1.)

      Sec. 14-227j. Court order prohibiting operation of motor vehicle not equipped with ignition interlock device. (a) For the purposes of this section and section 14-227k: "Ignition interlock device" means a device installed in a motor vehicle that measures the blood alcohol content of the operator and disallows the mechanical operation of such motor vehicle until the blood alcohol content of such operator is less than twenty-five thousandths of one per cent.

      (b) Any person who has been arrested for a violation of subsection (a) of section 14-227a, section 53a-56b, or section 53a-60d, may be ordered by the court not to operate any motor vehicle unless such motor vehicle is equipped with an ignition interlock device. Any such order may be made as a condition of such person's release on bail, as a condition of probation or as a condition of granting such person's application for participation in the pretrial alcohol education system under section 54-56g and may include any other terms and conditions as to duration, use, proof of installation or any other matter that the court determines to be appropriate or necessary.

      (c) All costs of installing and maintaining an ignition interlock device shall be borne by the person who is the subject of an order made pursuant to subsection (b) of this section.

      (d) No ignition interlock device shall be installed pursuant to an order of the court under subsection (b) of this section unless such device has been approved under the regulations adopted by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a.

      (e) No provision of this section shall be construed to authorize the operation of a motor vehicle by any person whose motor vehicle operator's license has been refused, suspended or revoked, or who does not hold a valid motor vehicle operator's license. A court shall inform the Commissioner of Motor Vehicles of each order made by it pursuant to subsection (b) of this section. If any person who has been ordered not to operate a motor vehicle unless such motor vehicle is equipped with an ignition interlock device is the holder of a special permit to operate a motor vehicle for employment purposes, issued by the commissioner under the provisions of section 14-37a, strict compliance with the terms of the order shall be deemed a condition to hold such permit, and any failure to comply with such order shall be sufficient cause for immediate revocation of the permit by the commissioner.

      (P.A. 03-265, S. 2; P.A. 04-199, S. 32; P.A. 05-218, S. 29; June Sp. Sess. P.A. 05-3, S. 112; P.A. 06-152, S. 10.)

      History: P.A. 04-199 deleted provisions re approval and use of immobilization devices on vehicles owned, leased or operated by persons arrested for specified violations and made conforming changes throughout; P.A. 05-218 amended Subsec. (a) by adding "passenger" re motor vehicle; June Sp. Sess. P.A. 05-3 amended Subsec. (a) by deleting "passenger" added by P.A. 05-218, effective June 30, 2005; P.A. 06-152 amended Subsec. (b) by authorizing court order as a condition of probation.

      Sec. 14-227k. Avoidance of or tampering with ignition interlock device. (a) No person whose right to operate a motor vehicle has been restricted pursuant to an order of the court under subsection (b) of section 14-227j or by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a shall (1) request or solicit another person to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing such person with an operable motor vehicle, or (2) operate any motor vehicle not equipped with a functioning ignition interlock device or any motor vehicle that a court has ordered such person not to operate.

      (b) No person shall tamper with, alter or bypass the operation of an ignition interlock device for the purpose of providing an operable motor vehicle to a person whose right to operate a motor vehicle has been restricted pursuant to an order of the court under subsection (b) of section 14-227j or by the Commissioner of Motor Vehicles pursuant to subsection (i) of section 14-227a.

      (c) Any person who violates any provision of subsection (a) or (b) of this section shall be guilty of a class C misdemeanor.

      (d) Each court shall report each conviction under subsection (a) or (b) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141. The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for a period of one year.

      (P.A. 03-265, S. 3; P.A. 04-199, S. 33.)

      History: P.A. 04-199 amended Subsecs. (a) and (b) to make provisions applicable to a person whose right to operate a motor vehicle has been restricted by the Commissioner of Motor Vehicles pursuant to Sec. 14-227a(i) and amended Subsec. (b) to delete reference to an immobilization device.

      Sec. 14-228. Leaving motor vehicle without setting brake. Leaving any motor vehicle stationary on the highway without setting the brake in such manner as to prevent such vehicle from moving, unless it is occupied by a person able to control the same, shall be an infraction.

      (1949 Rev., S. 2414; P.A. 75-577, S. 72, 126.)

      History: P.A. 75-577 replaced provision for twenty dollar maximum fine with statement that violation of provisions is an infraction and substituted "Leaving" for "Any person who leaves".

      See Sec. 14-107 re liability of owner, operator or lessee of vehicle.

      See chapter 881b re infractions of the law.

      Sec. 14-229. Using motor vehicle without owner's permission. Section 14-229 is repealed.

      (1949 Rev., S. 2417; P.A. 76-42, S. 1.)

      See Sec. 14-111(b), (h), (k) re suspension or revocation of operator's license.

      See chapter 952, part IX re larceny, robbery and related offenses.

      Sec. 14-230. Driving in right-hand lane. (a) Upon all highways, each vehicle, other than a vehicle described in subsection (c) of this section, shall be driven upon the right, except (1) when overtaking and passing another vehicle proceeding in the same direction, (2) when overtaking and passing pedestrians, parked vehicles, animals or obstructions on the right side of the highway, (3) when the right side of a highway is closed to traffic while under construction or repair, (4) on a highway divided into three or more marked lanes for traffic, or (5) on a highway designated and signposted for one-way traffic.

      (b) Except as provided in subsection (c) of this section, any vehicle proceeding at less than the normal speed of traffic shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

      (c) Any vehicle which exceeds the maximum width limitations specified in subdivision (1) of subsection (a) of section 14-262 and operates on an interstate highway with a special permit issued by the Commissioner of Transportation under the provisions of section 14-270, shall be driven in the extreme right lane of such highway, except (1) when such special permit authorizes operation in a traffic lane other than the extreme right lane, (2) when overtaking and passing parked vehicles, animals or obstructions on the right side of such highway, (3) when the right side of such highway is closed to traffic while under construction or repair, or (4) at such locations where access to or egress from such highway is provided on the left.

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

      (1955, S. 1382d; 1957, P.A. 53; P.A. 75-577, S. 73, 126; P.A. 87-525, S. 2.)

      History: P.A. 75-577 added statement that violation of provisions is an infraction; P.A. 87-525 divided the section into Subsecs., inserting as Subsec. (c) provision requiring wide vehicles to be driven in extreme right lane of interstate highways.

      See Sec. 14-99 re requirement that drivers of commercial vehicles drive at extreme right to allow others to pass.

      See Sec. 14-111g re operator's retraining program.

      See chapter 881b re infractions of the law.

      Annotations to former section:

      Defendant is not liable for accident unless he was negligent. 40 C. 560; 67 C. 47. Violation of law by plaintiff, to constitute a defense, must have contributed to cause collision. 59 C. 20; 63 C. 155; 89 C. 329; Id., 701. One may drive to left side of road if he has business there, using ordinary and reasonable care to avoid collision. 67 C. 47. Duty to drive on right side of road exists only when a person or vehicle approaches. 81 C. 499; 107 C. 710. See also 63 C. 155; 81 C. 499; 90 C. 503. The "rule of the road" does not apply on established racetrack with special driving rules. 91 C. 341. High degree of care is required of one crossing line of traffic going in opposite direction. 109 C. 606. Charge concerning passing over to left of center of road approved. 111 C. 99. Right to drive on left is conditioned upon noninterference with approaching machines, upon proper use of left side, and upon reasonable care. 112 C. 606; 119 C. 180. Duty to turn to right when meeting another is conditioned on practicability. 112 C. 606. "Traveled portion" includes only that portion intended for normal travel. 114 C. 336. Excludes shoulders. 114 C. 341; id., 651; 127 C. 340. Cited. 115 C. 116. Finding sustained that driving slightly to the left of center line was not proximate cause of collision. 116 C. 665. Turning to right may be "impracticable" because of situations created by the person met. 123 C. 127. Not a violation when car crosses center line involuntarily and without fault of driver. 124 C. 226. Cited. 129 C. 379. Cited. 133 C. 554.

      Annotations to present section:

      Enumeration of exceptions to requirement that vehicles operate on the right should also include exception applicable when a vehicle is preparing for a left turn at an intersection in a case where an overtaking police vehicle has the right-of-way. 150 C. 349. Cited. 171 C. 35. Cited. 179 C. 388. Cited. 190 C. 285. Cited. 193 C. 442. Cited. 206 C. 608. Cited. 208 C. 94.

      Cited. 4 CA 451. Cited. 30 CA 810. Cited. 33 CA 44.

      Cited. 32 CS 650.

      Cited. 2 Conn. Cir. Ct. 569. Defendant's plea of guilty to failure to drive on right-hand side of road was not conclusive of his liability in a civil action in which he pleaded the defense of the contributory negligence of the plaintiff and the trial court concluded both parties were negligent. 5 Conn. Cir. Ct. 123.

      Subsec. (a):

      Cited. 235 C. 614.

      Sec. 14-230a. Restricted use of left-hand lane on divided limited access highways. On any divided limited access highway which provides more than two lanes for traffic proceeding in the same direction, no operator of any motor vehicle with a commercial registration or motor bus or vehicle with trailer shall drive in the extreme left lane where the State Traffic Commission so designates, except on the direction of a police officer or except when access to or egress from such highway is provided on the left, in which latter case he shall drive in such left lane only for such period as is reasonably necessary to enter or leave such highway safely. Any person who violates any provision of this section shall have committed an infraction and shall be fined eighty-eight dollars.

      (1967, P.A. 740; P.A. 75-577, S. 77, 126; P.A. 87-525, S. 1; P.A. 90-263, S. 68, 74.)

      History: P.A. 75-577 replaced provision for one-hundred-dollar maximum fine with statement that violation of provisions is an infraction; P.A. 87-525 amended the penalty provision to require imposition of a fine of eighty-eight dollars; P.A. 90-263 substituted "motor vehicle with a commercial registration" for "commercial motor vehicle".

      See Sec. 14-111g re operator's retraining program.

      See chapter 881b re infractions of the law.

      Cited. 171 C. 35. Cited. 206 C. 608.

      Cited. 4 CA 451.

      Sec. 14-231. Vehicles in opposite directions to pass on right. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon highways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the highway as nearly as possible. Violation of any provision of this section shall be an infraction.

      (1955, S. 1383d; P.A. 75-577, S. 74, 126.)

      History: P.A. 75-577 added statement that violation of provisions is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Annotations to former section:

      Submission to jury in case involving parties proceeding in same direction held material error. 147 C. 638.

      Annotations to present section:

      Cited. 159 C. 491. Not applicable to car making left turn across path of other car and should not have been submitted to jury. 170 C. 252. Cited in jury charge. 172 C. 29. Cited. 173 C. 229. Cited. 193 C. 442. Cited. 206 C. 608.

      Cited. 4 CA 451. Cited. 30 CA 810. Cited. 33 CA 44. Jury reasonably could have found that although defendant did not yield half of roadway, he did yield as much of roadway as was possible under the conditions presented; he therefore did not voluntarily cross into oncoming lane of travel and did not breach duty under statute, and thus was not negligent. 95 CA 300.

      Sec. 14-232. Passing. Except as provided in sections 14-233 and 14-234, (1) the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle; and (2) the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. Violation of any provision of this section shall be an infraction.

      (1955, S. 1384d; P.A. 75-577, S. 75, 126.)

      History: P.A. 75-577 added statement that violation of provisions is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Annotations to former section:

      Duty to pass overtaken car on left exists though there are two lines of traffic going the same way. 107 C. 634. No right to pass on right when approaching intersection. 117 C. 619; see 129 C. 455. Rule concerning passing does not apply when car overtaken has not started onto traveled portion. 118 C. 706. Error to charge that a person is absolutely required to give overtaking car one-half of traveled portion. 121 C. 437. May pass on right in traffic lane when following directions on signal. 122 C. 519, 520. Vehicle passing parked car does so subject to right-of-way of vehicle approaching in opposite direction. 124 C. 159. Operator attempting right turn has right to assume other operators will observe rule concerning passing to right until he sees or should see to the contrary. 128 C. 441. Not necessary to clear parked car by twenty feet. 131 C. 250. Duty of pedestrian to yield left side of road to overtaking vehicle. 133 C. 365. Cited. Id., 581.

      Operator traveling in opposite direction who is speeding is entitled to assume that the operator of a passing vehicle will heed the injunction of the statute and such speeding does not constitute negligence. 10 CS 132.

      Cited. 2 Conn. Cir. Ct. 19, 20.

      Annotations to present section:

      Giving way to the right is not the same as "to give the right-of-way". 154 C. 381. Cited. 170 C. 184. Cited. 202 C. 629. Cited. 206 C. 608.

      Cited. 4 CA 451.

      Subdiv. (1):

      Cited. 21 CA 496.

      Sec. 14-233. Passing on right. The driver of a vehicle may overtake and pass upon the right of another vehicle only when conditions permit such movement in safety and under the following conditions: (1) When the vehicle overtaken is making or has signified the intention to make a left turn; (2) when lines of vehicles traveling in the same direction in adjoining traffic lanes have come to a stop or have reduced their speed; (3) upon a one-way street free from obstructions and of sufficient width for two or more lines of moving vehicles; (4) upon a limited access highway or parkway free from obstructions with three or more lanes provided for traffic in one direction. Such movement shall not be made by driving off the pavement or main-traveled portion of the highway except where lane designations, signs, signals or markings provide for such movement. Violation of any provision of this section shall be an infraction.

      (1955, S. 1387d; 1957, P.A. 258; February, 1965, P.A. 448, S. 20; P.A. 75-577, S. 76, 126.)

      History: 1965 act added exception re when driving off pavement or main-traveled portion of road permitted; P.A. 75-577 added statement that violation of provisions is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Cited. 147 C. 638. A charge under this section that vehicle overtaking defendant could properly pass on his right only if defendant had given signal of his intention to turn left was incorrect, since it overlooked possibility, also contemplated by this section, that defendant was actually engaged in making a left turn. 150 C. 349. Cited. 166 C. 240. Cited. 206 C. 608.

      Cited. 4 CA 451.

      Cited. 38 CS 482.

      Cited. 5 Conn. Cir. Ct. 333.

      Sec. 14-234. Determination of no-passing zones. The State Traffic Commission is authorized to determine those portions of any state highway where overtaking and passing or driving to the left of the highway would be especially hazardous and may by appropriate signs or markings on the highway indicate the beginning and end of such zones. A local traffic authority, as defined in section 14-297, may, in accordance with standards approved by the State Traffic Commission, determine and designate such no-passing zones on highways under its jurisdiction. When such signs or markings are in place and clearly visible to an ordinarily observant person, each driver of a vehicle shall obey the directions thereof. Violation of the provisions of this section shall be an infraction.

      (1955, S. 1386d; February, 1965, P.A. 448, S. 21; P.A. 82-223, S. 16.)

      History: 1965 act deleted reference to state aid highway and allowed local traffic authorities to determine and designate no-passing zones on highways under their jurisdiction; P.A. 82-223 specified that violation of the section constituted an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      In absence of specific request to charge, error cannot be predicated on court's failure to charge on statute where proper and adequate guidance on issue was otherwise given. 149 C. 385. Cited. 154 C. 381. Cited. 206 C. 608.

      Cited. 4 CA 451.

      Sec. 14-235. Vehicle not to be driven on left side of highway on curve or upgrade. No vehicle shall be driven to the left side of the highway (1) when approaching the crest of a grade or upon a curve or elsewhere in the highway where a free and unobstructed view of the highway ahead may not be had for a sufficient distance to insure driving with safety or (2) when approaching within one hundred feet of or crossing any intersection or railroad grade crossing. These limitations shall not apply on a one-way street or highway so designated by any traffic authority. Violation of any provision of this section shall be an infraction.

      (1955, S. 1385d; P.A. 75-577, S. 78, 126.)

      History: P.A. 75-577 added statement that violation of provisions is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Cited. 149 C. 385. Cited. 150 C. 356. Cited. 206 C. 608. Cited. 208 C. 94.

      Cited. 4 CA 451.

      The only intent requisite to a conviction is the intent or purpose to do the prohibited act. Without that intent, however, no crime has been committed. 24 CS 214.

      Where defendant contended that he was not aware of intersection, that there were no "no passing" signs and that he had no intent to commit prohibited act, held that affirmative proof of intent is not required. 4 Conn. Cir. Ct. 9, 10, 11. 24 CS 214 distinguished. Id.

      Sec. 14-236. Multiple-lane highways. When any highway has been divided into two or more clearly marked lanes for traffic, (1) a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has ascertained that such movement can be made with safety and (2) the State Traffic Commission may erect, on state highways, and local traffic authorities, in accordance with standards approved by the State Traffic Commission, may erect on highways under their jurisdiction, signs directing slow-moving traffic to use a designated lane or, with signs, signals or markings, may designate those lanes to be used by traffic moving in a particular direction regardless of the center of the highway, and drivers of vehicles shall obey the directions of each such sign, signal or marking. Violation of subdivision (1) of this section shall be an infraction.

      (1955, S. 1388d; February, 1965, P.A. 448, S. 22; P.A. 75-577, S. 79, 126.)

      History: 1965 act deleted reference to state aid highways and added provision re local traffic authorities; P.A. 75-577 stated that violation of Subdiv. (1) is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Cited. 161 C. 204. Whether defendant violated this section and such violation was the proximate cause of the plaintiff's damage are questions for the jury. 167 C. 533. Cited. 171 C. 35. Cited in jury charge. 172 C. 29. Cited. 206 C. 608. Cited. 211 C. 690.

      Cited. 4 CA 451. Cited. 11 CA 11. Cited. 29 CA 512. Cited. 34 CA 189. Cited. 46 CA 633.

      Cited. 4 Conn. Cir. Ct. 441. Cited. 5 Conn. Cir. Ct. 695.

      Sec. 14-237. Driving on divided highways. When any highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section, each vehicle shall be driven only upon the right-hand roadway and no vehicle shall be driven over or across any such dividing space, barrier or section, except through an opening or at a crossover or intersection established by public authority. Violation of any provision of this section shall be an infraction.

      (1955, S. 1389d; P.A. 75-577, S. 80, 126.)

      History: P.A. 75-577 stated that violation of provisions is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      To require affirmative proof of an intent to commit the act prohibited would import a requirement into the statute never contemplated by the legislature. Where the course of a motor vehicle is contrary to the statute, it is usually a permissible inference that the operator of the vehicle was the responsible agent in causing it to take that course. 150 C. 35. Cited. 161 C. 204. Cited. 191 C. 266. Cited. 206 C. 608. Cited. 234 C. 660.

      Cited. 1 CA 517. Cited. 4 CA 451.

      An esplanade dividing northbound and southbound roadways is sufficient "intervening space". 23 CS 197. Knowledge or intention forms no element of the offense. The act alone, irrespective of its motive, constitutes the crime. Id. Cited. 38 CS 675.

      Sec. 14-238. Controlled-access highways. No person shall drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority. Violation of this section shall be an infraction.

      (1955, S. 1390d; P.A. 75-577, S. 81, 126.)

      History: P.A. 75-577 stated that violation of section is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Cited. 161 C. 204. Cited. 206 C. 608.

      Cited. 4 CA 451.

      Sec. 14-238a. (Formerly Sec. 13a-59). Illegal entry on limited access highway. Entry upon a limited access highway at any place other than a highway intersection or designated point as provided in section 13b-27 shall be an infraction.

      (1949 Rev., S. 2239; 1958 Rev., S. 13-120; 1963, P.A. 226, S. 59; 587; 1969, P.A. 768, S. 79; P.A. 75-577, S. 82, 126.)

      History: 1963 acts restated previous provisions (See history to Title 13a) and added provision for twenty-five dollar maximum fine; Sec. 13a-59 transferred to Sec. 14-238a in 1969; 1969 act deleted provisions re powers of commissioner with respect to limited access highways; P.A. 75-577 replaced fine provision with statement that violation of section is an infraction and substituted "Entry upon" for "Any person who enters".

      See Sec. 13b-27 re commissioner's authority to designate and regulate limited access highways.

      See Sec. 14-111g re operator's retraining program.

      See chapter 881b re infractions of the law.

      Cited. 206 C. 608.

      Cited. 4 CA 451.

      Sec. 14-239. One-way streets. Rotaries or roundabouts. (a) The State Traffic Commission may designate any state highway and local traffic authorities may designate streets and highways under their jurisdiction for one-way traffic and shall erect signs, devices or markings conforming to State Traffic Commission standards giving notice thereof. Upon any highway so designated a vehicle shall be driven only in the direction indicated.

      (b) A vehicle passing around a rotary or roundabout shall have the right of way over entering vehicles and shall be driven only to the right of such rotary or roundabout, unless otherwise directed by signs.

      (c) Violation of any of the provisions of this section shall be an infraction.

      (1955, S. 1391d; February, 1965, P.A. 448, S. 23; P.A. 75-577, S. 83, 126; P.A. 05-210, S. 25.)

      History: 1965 act deleted obsolete reference to state aid highways and added provisions re local traffic authorities and traffic commission standards in Subsec. (a); P.A. 75-577 added Subsec. (c); P.A. 05-210 amended Subsec. (b) by replacing "rotary traffic island" with "rotary or roundabout", specifying vehicles within rotary have right-of-way over entering vehicles and deleting "or unless the length of the vehicle makes such movement impracticable", effective July 1, 2005.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Cited. 159 C. 91. Cited. 206 C. 608.

      Cited. 4 CA 451.

      Sec. 14-240. Vehicles to be driven reasonable distance apart. (a) No driver of a motor vehicle shall follow another vehicle more closely than is reasonable and prudent, having regard for the speed of such vehicles, the traffic upon and the condition of the highway and weather conditions.

      (b) No person shall drive a vehicle in such proximity to another vehicle as to obstruct or impede traffic.

      (c) Motor vehicles being driven upon any highway in a caravan shall be so operated as to allow sufficient space between such vehicles or combination of vehicles to enable any other vehicle to enter and occupy such space without danger. The provisions of this subsection shall not apply to funeral processions or to motor vehicles under official escort or traveling under a special permit.

      (d) Violation of any of the provisions of this section shall be an infraction, provided any person operating a commercial vehicle combination in violation of any such provision shall have committed a violation and shall be fined not less than one hundred dollars nor more than one hundred fifty dollars.

      (1955, S. 1392d; P.A. 75-577, S. 84, 126; P.A. 84-372, S. 6, 9; P.A. 96-180, S. 42, 166.)

      History: P.A. 75-577 added Subsec. (d); P.A. 84-372 established higher penalty for person operating a commercial vehicle combination; P.A. 96-180 made a technical change in Subsec. (c), effective June 3, 1996.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-260n for definition of "commercial vehicle combination".

      Cited. 148 C. 266. Cited. 150 C. 217. Request to charge this statute must be made. 154 C. 381. Cited. 160 C. 128. Cited. 171 C. 303. Cited. 180 C. 415. Cited. 206 C. 608. Cited. 217 C. 73. Cited. 231 C. 930. Statute is directed against practice of "tailgating". 234 C. 401. Cited. Id., 408.

      Cited. 4 CA 451. Cited. 11 CA 122. Cited. 17 CA 209. Application of "following too closely" statute discussed; statute directed against practice of "tailgating"; legislature did not intend provisions of statute to apply in all rear-end collisions. 35 CA 464.

      Cited. 29 CS 21. Cited. 39 CS 228.

      Statute not limited to situations where car ahead is moving. 2 Conn. Cir. Ct. 487. Cited. 3 Conn. Cir. Ct. 107. Cited. 5 Conn. Cir. Ct. 697.

      Subsec. (a):

      Cited. 166 C. 152. Cited. 185 C. 483.

      Sec. 14-240a. Vehicles to be driven reasonable distance apart. Intent to harass or intimidate. (a) No person operating a motor vehicle shall follow another vehicle more closely than is reasonable and prudent, having regard for the speed of such vehicles, the traffic upon and the condition of the roadway or highway and weather conditions, with the intent to harass or intimidate the operator of the preceding motor vehicle.

      (b) Any person who violates the provisions of this section shall be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned for the first offense and for each subsequent offense shall be fined not more than six hundred dollars or imprisoned not more than one year or be both fined and imprisoned.

      (P.A. 84-516, S. 6.)

      See Sec. 14-111g operator's retraining program.

      Cited. 206 C. 608.

      Cited. 4 CA 451. Cited. 9 CA 686.

      Sec. 14-241. Turns. (a) Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the highway.

      (b) At any intersection where traffic is permitted to move in both directions on each highway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the highway nearest the center line thereof and by passing to the right of such center line where it enters the intersection, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the highway being entered.

      (c) At any intersection where traffic is restricted to one direction on one or more of the highways, the driver of a vehicle intending to turn left shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the highway being entered.

      (d) "Deceleration lane" means an added outside lane of a highway laned for traffic which immediately precedes an exit road from such highway, and "acceleration lane" means an added outside lane of a highway laned for traffic which immediately follows an entrance road into such highway. Where deceleration and acceleration lanes exist, all turns made to leave or enter the highway shall be made from or into such lanes.

      (e) On any state highway the State Traffic Commission, and, on highways under their jurisdiction, local traffic authorities, may cause rotaries or roundabouts, signs or other devices conforming to the manual on uniform traffic control devices to be placed within or adjacent to intersections and thereby direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when rotaries or roundabouts, signs or other devices are so placed, no driver shall turn a vehicle otherwise than as directed thereby.

      (f) Violation of any of the provisions of this section shall be an infraction.

      (1955, S. 1393d; February, 1965, P.A. 448, S. 24; P.A. 75-577, S. 85, 126; P.A. 05-210, S. 26.)

      History: 1965 act deleted reference to state aid highway and added references to local traffic authorities and the manual on uniform traffic control devices in Subsec. (e); P.A. 75-577 added Subsec. (f); P.A. 05-210 amended Subsec. (e) by substituting "rotaries or roundabouts" for "rotary traffic islands", effective July 1, 2005.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Annotations to former section:

      Mere signal by traffic officer to proceed does not excuse driver turning rapidly to left before reaching center of intersection. Effect of established custom to make short turn to left at the point. 98 C. 75. Negligence in passing to left of center of intersection when making left turn. 108 C. 185. Cited. 111 C. 729. Judgment showing defendant had pleaded guilty to information charging simply a violation of statute is not admissible as admission of negligence. 114 C. 388. Cited. Id., 404; 115 C. 296. Under former statute impracticability of operation of bus to right of center of intersection was not a justification. Id., 466. Whether failure to slow down or to signal or to do both constitutes violation depends on what reasonable care requires. 116 C. 578. Cited. 117 C. 522. Mere intention to pass to left of center is not a violation. Id., 609, 610. Cited. 118 C. 126. Contributory negligence in failing to keep to right of center while passing vehicle at intersection. 122 C. 6. What constitutes intersection when highway bounds are curved. Id., 202; see also 125 C. 553. Bicycle cutting corner. 122 C. 447; Id., 611. No exception in case of minor. Id., 448; but see section 52-217. Pedestrian is entitled to assume that vehicle will pass to right of center of intersection. 124 C. 692. Passing to left of intersection is negligence per se. 125 C. 159. Methods for determining center of highway and of dirt road. 126 C. 478. Recovery not denied where plaintiff's failure to keep to right of center of intersection was not proximate cause of collision. 130 C. 176, 177. Under former statute requirement of keeping to right of center of intersection applied on one-way street. 133 C. 370. "Sign" at intersection includes lines on pavement for direction of traffic. Id., 453. Where plaintiff claimed defendant turned to left before reaching intersection, failure of court to charge that person turning to left should keep to right of center of intersection was harmful error. 134 C. 194. Violation is negligence per se but charge held adequate which stated that statute required a certain course of action. 146 C. 10. Where, in special defense of contributory negligence, defendants alleged failure to use care of reasonably prudent person, to keep proper lookout and to operate automobile in such manner as to prevent collision, reference by court in its charge to statute was proper. 149 C. 386. Cited. 163 C. 146.

      Cited. 14 CS 232.

      Driver making right turn seven feet from curb held to have exercised due care in civil case. 2 Conn. Cir. Ct. 269. Cited. 5 Conn. Cir. Ct. 695.

      Subsec. (b):

      Cited. 149 C. 371. Cited. 150 C. 355. Cited. 154 C. 615. Cited. 155 C. 409.

      Subsec. (c):

      Cited. 147 C. 638.

      Annotations to present section:

      Cited. 206 C. 608.

      Cited. 4 CA 451.

      Sec. 14-242. Turns restricted. Signals to be given before turning or stopping. U-turns. Left turns. Right turns when passing bicyclist. (a) No person shall turn a vehicle at an intersection unless the vehicle is in a proper position on the highway as required by section 14-241, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a highway unless such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner provided in section 14-244.

      (b) A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

      (c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in section 14-244 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

      (d) No person shall turn a vehicle so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of, a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet, or at any location where signs prohibiting U-turns are posted by any traffic authority.

      (e) The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or within the area formed by the extension of the lateral lines of the private alley, road or driveway across the full width of the public highway with which it intersects, or so close to such intersection of public highways or to the area formed by the extension of the lateral lines of said private alley, road or driveway across the full width of the public highway as to constitute an immediate hazard.

      (f) No person operating a vehicle who overtakes and passes a person riding a bicycle and proceeding in the same direction shall make a right turn at any intersection or into any private road or driveway unless the turn can be made with reasonable safety and will not impede the travel of the person riding the bicycle.

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

      (1955, S. 1394d; 1963, P.A. 258; 1971, P.A. 66, S. 1; P.A. 75-577, S. 86, 126; P.A. 00-70.)

      History: 1963 act removed qualification in Subsec. (a) that turn without signal should not be made "if any other traffic may be affected by such movement"; 1971 act added Subsec. (e); P.A. 75-577 added Subsec. (f); P.A. 00-70 added new Subsec. (f) to prohibit a person making a right turn in front of a bicyclist unless the turn can be made with reasonable safety and will not impede the travel of the bicyclist and redesignated former Subsec. (f) as Subsec. (g).

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Failure to signal is negligence as a matter of law but such negligence is a question of fact in determining proximate causation. 142 C. 142; 147 C. 187. Former statute cited. 145 C. 187. Violation is negligence per se but charge held adequate which stated that statute required a certain course of action. 146 C. 10. Where, in special defense of contributory negligence, defendants alleged failure to use care of reasonably prudent person, to keep proper lookout and to operate automobile in such manner as to prevent collision, reference by court in its charge to statute was proper. 149 C. 386. Cited. 163 C. 146. This statute places a duty of reasonable safety on a driver who wishes to turn left into a private alleyway. 165 C. 422. Whether defendant violated this section and such violation was the proximate cause of the plaintiff's damage are questions for the jury. 167 C. 533. Cited. 206 C. 608.

      Cited 4 CA 451. Cited. 22 CA 142. Cited. 36 CA 710. Cited. 43 CA 636.

      Cited. 5 Conn. Cir. Ct. 694.

      Subsec. (a):

      Cited. 149 C. 371. Cited. 150 C. 355. No exception to signal requirement exists merely because there is no risk of collision in making turn. 154 C. 620. Cited. 155 C. 409. Cited. 166 C. 240. Plaintiff stopped his vehicle at curb and then turned left into driveway without signalling. This was violation of this subsection not subsection (b). 168 C. 64.

      Cited. 43 CA 636.

      Subsec. (b):

      Cited. 149 C. 371. Cited. 150 C. 355. See 154 C. 620 above. Cited. 155 C. 409. See 168 C. 64 above.

      Cited. 30 CA 742.

      Subsec. (e):

      Cited. 179 C. 388. Cited. 234 C. 660.

      Cited. 2 CA 164. Cited. 17 CA 471. Cited. 22 CA 142.

      Sec. 14-243. Starting or backing vehicle. (a) No person shall move a vehicle which is stopped, standing or parked unless such movement can be made with reasonable safety and without interfering with other traffic, nor without signalling as provided by section 14-244.

      (b) No person shall back a vehicle unless such movement can be made with reasonable safety and without interfering with other traffic.

      (c) Violation of any of the provisions of this section shall be an infraction.

      (1955, S. 1396d; February, 1965, P.A. 448, S. 25; P.A. 75-577, S. 87, 126.)

      History: 1965 act added "and without interfering with other traffic" to Subsec. (a); P.A. 75-577 added Subsec. (c).

      See Sec. 14-111g re operator's retraining program.

      See chapter 881b re infractions of the law.

      In request to charge, party must employ greater specificity than mere paraphrase of certain portions of statute without hint of their applicability to, or operative effect on, the case. 149 C. 541.

      Cited. 10 CS 68.

      Subsec. (a):

      Cited. 3 CA 391.

      Subsec. (b):

      Cited. 180 C. 137.

      Sec. 14-244. Signals. Any stop or turn signal required by section 14-242 or 14-243 may be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device. Hand signals shall be as follows: (1) To stop or decrease speed: Hand and arm extended downward; (2) to turn left or to leave or draw away from a curb or the edge of the highway: Hand and arm extended horizontally with forefinger pointed; (3) to turn right: Hand and arm extended upward. Each operator of a motor vehicle who makes a turn signal by means of signal lamps or mechanical signal device shall turn in the direction indicated and return such signal to the nonoperating position immediately after completing the movement for which a signal has been given. Violation of any of the provisions of this section shall be an infraction.

      (1955, S. 1395d; 1957, P.A. 137; 1971, P.A. 23; P.A. 75-577, S. 88, 126.)

      History: 1971 act changed hand signals for stopping or decreasing speed and for making right turn; P.A. 75-577 stated that violation of provisions is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See chapter 881b re infractions of the law.

      Backing in highway without signal. 108 C. 562; 111 C. 364. Cited. 114 C. 421. Mere act of turning is not sufficient signal. 115 C. 468. Statute is not limited to vehicles operated on traveled portion. 116 C. 253. Stoplight to be adequate signal must light up before stopping begins. 117 C. 615. Instructions to jury concerning change of direction. 121 C. 509. Failure to signal affords basis of recovery only if proximate cause of damage. 122 C. 262. Hand signal is not required in preference to mechanical signal. Id., 217; 127 C. 288. Failure to signal as not a substantial factor. 125 C. 75. Stopping without signal; duty of driver following to use reasonable care. Id., 472. Failure to signal as a substantial factor in producing accident. 127 C. 313. Cited. 129 C. 537. Failing to signal intention of slackening and changing direction. 130 C. 381. Jury could find that proper signals were given. 135 C. 627. Violation is negligence per se but charge held adequate which stated that statute required a certain course of action. 146 C. 10. Cited. 149 C. 371, 372. Where, in special defense of contributory negligence, defendants alleged failure to use care of reasonably prudent person, to keep proper lookout and to operate automobile in such manner as to prevent collision, reference by court in its charge to statute was proper. Id., 386. Cited. 154 C. 615; 155 C. 409. Whether defendant violated this section and such violation was the proximate cause of the plaintiff's damage are questions for the jury. 167 C. 533.

      Cited. 5 Conn. Cir. Ct. 694.

      Sec. 14-245. Intersection. Right-of-way. As used in this section and subsection (e) of section 14-242, "intersection" means the area common to two or more highways which cross each other. Each driver of a vehicle approaching an intersection shall grant the right-of-way at such intersection to any vehicle approaching from his right when such vehicles are arriving at such intersection at approximately the same time, unless otherwise directed by a traffic officer. Failure to grant the right-of-way as provided in this section shall be an infraction.

      (1955, S. 1397d; 1971, P.A. 299, S. 1; P.A. 73-616, S. 11; P.A. 75-577, S. 89, 126.)

      History: 1971 act defined "intersection"; P.A. 73-616 deleted reference to repealed Sec. 14-246 and referred instead to Subsec. (e) of Sec. 14-242; P.A. 75-577 stated that failure to grant right-of-way is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Annotations to former section:

      "Intersection of a street" and "arriving at such intersection at approximately the same time" defined. That cars are approaching so as to arrive simultaneously is important element. 95 C. 701; 96 C. 19; Id., 508; 101 C. 443, 444; 104 C. 737. Respective duties of motorman and chauffeur approaching at right angles. 100 C. 365. One having right of way at intersection is bound to operate as would a reasonably prudent person having knowledge that he has right of way. 106 C. 146; 108 C. 12; 124 C. 264; 130 C. 204. Driver coming from right has right of way though traveling on left side of his road. 107 C. 710. But not if the other car had nearly passed the intersection when car from right reached it. 108 C. 604. Test is not time of arrival at entrance to intersection, but reasonable apprehension of collision on part of driver on left. 109 C. 33; Id., 37; 127 C. 450; Id., 651; 130 C. 645; 133 C. 431. One with right of way may assume other will yield it until as a reasonable man he is charged with knowledge to the contrary. 109 C. 33, 37; 127 C. 450, 651; 130 C. 651. Rule at intersecting streets applies when one of two cars approaching each other on same street intends to make left turn. 109 C. 484; 111 C. 729. Right of way and duty of driver approaching green light at intersection; section 14-299 applies, not this section. 114 C. 637. When vehicle which has entered intersection has right of way over vehicle on right. 117 C. 676; 118 C. 679; 130 C. 98; 132 C. 476. One having right of way at intersection has precedence in passing through and right not to be obstructed and delayed by any person who could reasonably avoid doing so. 123 C. 298. That cars came together outside intersection will not defeat recovery if collision was caused by failure to grant right of way at intersection. 124 C. 263. That car making turn enters intersection first does not necessarily give it right of way. Id., 264. Operator of vehicle approaching intersection from right who complies with stop regulation has superior right of way if vehicles arrive at approximately same time. 130 C. 400; 133 C. 455. Rules which apply when operator does not see car approaching from right; 130 C. 646; where bus obscures vision of both operators. Id., 223. Statute regulating right of way does not apply when cars are approaching intersection on same street and from same direction. 135 C. 443. Test concerning right of way is not time of arrival at entrance to intersection but reasonable apprehension of collision on part of driver approaching from left. Id., 446. Cited. Id., 600. If by failure to use reasonable care plaintiff did not see approaching taxicab, knowledge of what such a lookout must have revealed is imputed to him. 136 C. 97. If an ordinarily prudent person in position of driver on the left would reasonably believe that if the two cars continued at speed at which they were then moving it would involve risk of collision, driver on left should yield right of way. 137 C. 600. Since finding determined that defendant's invasion of part of highway to his left was involuntary, statute is inapplicable. Id., 640. Arriving at intersection first is not a test of the right of way but a factor to be considered by the trier in deciding whether the cars are arriving at approximately the same time. 138 C. 183. Statute imposes no general prohibition against driving in the middle of road. Id., 313. Cited. Id., 355. Cited. 140 C. 376. Violation is negligence per se but charge held adequate which stated that statute required a certain course of action. 146 C. 10. One with statutory right of way can be found negligent. Id. Test of statutory right of way or common law right to proceed is not time of arrival at entrance to intersection. 147 C. 540. Cited. 154 C. 23; Id., 615. Where plaintiff failed to grant right of way to defendant's automobile which had already entered street intersection at his right, his failure to do so constituted negligence which was a substantial factor in producing his injuries and judgment for plaintiff is set aside. 157 C. 139. Right-of-way rule is inapplicable to an intersection controlled by a stop sign. 165 C. 635.

      Statute not applicable to pedestrians. 3 CS 220. Cited. 9 CS 98. Cited. 12 CS 237. Cited. 13 CS 293. Cited. 15 CS 93. Cited. 16 CS 398. Cited. 18 CS 489.

      Cited. 2 Conn. Cir. Ct. 19. Contributory negligence as a defense has no application in a criminal case. Id., 42. Cited. Id., 652, (fn. 1).

      Annotations to present section:

      Cited. 206 C. 608. Cited. 234 C. 660.

      Cited. 4 CA 451.

      Sec. 14-246. Right-of-way at intersection turn. Section 14-246 is repealed.

      (1955, S. 1398d; February, 1965, P.A. 448, S. 26; 1971, P.A. 66, S. 2.)

      See Sec. 14-242 (e).

      Sec. 14-246a. Right-of-way at junction of highways. The driver of any vehicle on a highway which joins but does not cross another highway shall, unless otherwise directed by a traffic officer, grant the right-of-way at the point where such highways join to any vehicle approaching on the other highway from either direction when such vehicles are arriving at approximately the same time at the area which would be common to both highways if they crossed each other. Failure to grant the right-of-way as provided by this section shall be an infraction.

      (1971, P.A. 299, S. 2; P.A. 75-577, S. 90, 126.)

      History: P.A. 75-577 stated that failure to grant right-of-way is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See chapter 881b re infractions of the law.

      Sec. 14-247. Right-of-way at driveway or private road. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on such highway. Failure to grant the right-of-way as provided by this section shall be an infraction.

      (1955, S. 1399d; P.A. 75-577, S. 91, 126.)

      History: P.A. 75-577 made failure to grant right-of-way an infraction.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-295 re assessment of double or treble damages.

      See chapter 881b re infractions of the law.

      Annotations to former section:

      Rule denying right-of-way to user of private way is not merely an exception to rule that car on right has right-of-way at intersection. 110 C. 358. Duty of operator coming out of private way is to give vehicle on highway fair and reasonable opportunity to pass. Id. Cited. 117 C. 699. User of private way has no right to drive out when this involves danger of collision. 127 C. 374.

      Cited. 9 CS 142. Entry onto public highway from a private driveway discussed. 10 CS 183.

      Annotations to present section:

      Cited. 206 C. 608.

      Cited. 4 CA 451.

      Sec. 14-247a. Right-of-way yielded by one emerging from alley, driveway or building. The driver of a vehicle within a business or residence area, emerging from an alley, driveway or building, shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway. Violation of any provision of this section shall be an infraction.

      (February, 1965, P.A. 448, S. 27; P.A. 75-577, S. 92, 126.)

      History: P.A. 75-577 stated that violation of provisions is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See chapter 881b re infractions of the law.

      Sec. 14-248. Cattle crossings. Section 14-248 is repealed.

      (1955, S. 1400d; February, 1965, P.A. 448, S. 44.)

      See Sec. 14-248a.

      Sec. 14-248a. Cattle crossings. The Commissioner of Transportation, or the local traffic authority on highways under its jurisdiction, shall control the placing of cattle crossing signs within the limits of the traveled portion of the roadway of any public highway. No such cattle crossing sign shall be so placed without the securing of a permit from said commissioner or such traffic authority, as the case may be, which permit shall specify the size, color, wording and placement of such signs. Cattle crossing signs shall be so placed only when animals are actually crossing or are about to cross the roadway. When such signs are in position, the operator of any vehicle shall appropriately reduce speed or stop if necessary to avoid endangering or striking any animal crossing the roadway. Failure to reduce speed or stop in accordance with the provisions of this section shall be an infraction.

      (February, 1965, P.A. 448, S. 28; 1969, P.A. 768, S. 141; P.A. 75-577, S. 93, 126.)

      History: 1969 act replaced highway commissioner with commissioner of transportation; P.A. 75-577 stated that failure to reduce speed or stop as specified in section is an infraction.

      See Sec. 14-111g re operator's retraining program.

      See chapter 881b re infractions of the law.

      Sec. 14-248b. Livestock crossing paths. Right-of-way. (a) The traffic authority, as defined in section 14-297, shall have power to designate, by appropriate devices or markers or by lines upon the surface of the highway, such crossing paths and intersections as, in its opinion, constitute an especial danger to guided cattle or other livestock crossing the highway including, but not limited to, specially marked crossing paths in the vicinity of farms which shall have distinctive markings, in accordance with the regulations of the State Traffic Commission, to denote use of such crossing paths by guided cattle or other livestock.

      (b) Persons guiding cattle or other livestock across the highway shall yield the right-of-way to any authorized emergency vehicle, as defined in section 14-1, approaching such person and emitting any audible signal or displaying or making any visual signal reasonably indicating that such vehicle is being operated in an emergency situation. Nothing in this subsection shall be construed to relieve the driver of such an authorized emergency vehicle from any duty to drive with due regard for the safety of all persons using the highway or from the duty to exercise due care to avoid colliding with any person, cattle or other livestock. Each operator of a motor vehicle shall grant the right-of-way and slow or stop such vehicle if necessary to grant the right-of-way, to any person guiding cattle or other livestock across the roadway within a crossing path. No operator of a vehicle approaching from the rear shall overtake and pass any vehicle the operator of which has stopped at any crossing path marked, as provided in subsection (a) of this section, to permit guided cattle or other livestock to cross the roadway. A violation of this subsection shall be an infraction.

      (P.A. 02-57, S. 1.)

      Sec. 14-249. Stopping at grade crossings. (a) An operator of a motor vehicle shall bring his or her motor vehicle to a full stop at a railroad grade crossing when warned of an approaching locomotive or a train by a law enforcement officer or flashing lights erected at such grade crossing pursuant to an order of the Commissioner of Transportation and shall refrain from passing over such crossing until the approaching locomotive or train has passed such crossing.

      (b) An operator of a commercial motor vehicle shall refrain from passing over such grade crossing, regardless of whether flashing lights are erected or are operable at such grade crossing, unless all tracks are clear.

      (c) An operator of a commercial motor vehicle shall, upon approaching a railroad grade crossing, drive such motor vehicle at a rate of speed that will enable such motor vehicle to be stopped when required by the provisions of subsection (a) or (b) of this section or section 14-250.

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

      (1955, S. 1401d; P.A. 75-486, S. 42, 69; 75-577, S. 94, 126; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; 78-372, S. 4, 5, 7; P.A. 87-449, S. 1; P.A. 05-218, S. 38.)

      History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 75-577 replaced provision for one hundred dollar maximum fine with statement that violation of section is an infraction and made technical grammatical change; P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with commissioner of transportation, effective January 1, 1979; P.A. 78-372 expanded provisions by making failure "to refrain from passing over such crossing until the approaching locomotive or train shall have passed such crossing" an infraction; P.A. 87-449 increased penalty from an infraction to a one-hundred-fifty-dollar fine; P.A. 05-218 designated existing provisions as Subsec. (a) and amended same by making technical changes, adding "law enforcement officer" and deleting penalty provision, added Subsec. (b) requiring operator of a commercial vehicle to refrain from passing over grade crossing unless all tracks are clear, added Subsec. (c) requiring operator of a commercial motor vehicle, upon approaching a railroad grade crossing, to drive at a speed that will enable motor vehicle to be stopped when required and added Subsec. (d) specifying that violation of section is infraction, effective July 1, 2005.

      See Sec. 14-111g re operator's retraining program.

      See Sec. 14-301(e) re stopping at stop signs posted at grade crossings.

      See chapter 881b re infractions of the law.

      Sec. 14-250. Certain motor vehicles to stop at railroad crossing. Regulations. Penalty. (a) The operator of each commercial motor vehicle transporting passengers, service bus or 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, whether loaded or empty, before crossing at grade any track or tracks of a railroad, shall stop such vehicle not less than fifteen feet or 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 commercial motor vehicle 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 insufficient undercarriage clearance.

      (c) The operator of any commercial motor vehicle shall not attempt to cross a railroad grade crossing if such vehicle does not have sufficient space to drive completely through such crossing and to clear the tracks without stopping.

      (d) 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 and vehicles that are allowed by the provisions of 49 CFR 392.10.

      (e) Any person who violates any provision of subsection (a) of this section shall be fined not less than one hundred fifty dollars or more than two hundred fifty dollars. Violation of any provision of subsection (b) or (c) of this section shall be an infraction.

      (1949 Rev., S. 2418; P.A. 76-381, S. 13; P.A. 87-449, S. 2; P.A. 90-263, S. 24, 74; P.A. 94-189, S. 15; P.A. 04-217, S. 17; P.A. 05-218, S. 39; 05-288, S. 61, 62.)

      History: P.A. 76-381 replaced provision for one-hundred-dollar maximum fine and/or thirty days' maximum imprisonment with statement that violation of provisions is an infraction; P.A. 87-449 changed penalty from an infraction to a fine ranging from one hundred fifty to two hundred fifty dollars; P.A. 90-263 deleted reference to public service motor vehicle, inserting commercial motor vehicle transporting passengers, taxicab, motor vehicle in livery service, motor bus and service bus in lieu thereof and substituted commercial motor vehicle carrying "hazardous materials as defined in section 14-1" for explosive substances or poisonous or compressed inflammable gases as cargo or used for the transportation of inflammable or corrosive liquids in bulk; P.A. 94-189 removed operators of taxicabs and motor vehicles in livery service from provisions of section; P.A. 04-217 designated existing provisions as Subsecs. (a) and (d) and amended Subsec. (a) to delete "motor bus", to include a motor vehicle with a cargo tank, to change requirement to stop vehicle not less than ten feet from nearest rail of railroad track to not less than fifteen feet and to include warning by law enforcement officer in requirement for operator to stop when warned and added new Subsec. (b) prohibiting operator from crossing railroad crossing if vehicle cannot be driven completely through crossing and new Subsec. (c) authorizing commissioner to adopt regulations to implement provisions of section, effective January 1, 2005; P.A. 05-218 amended Subsec. (b) by inserting "commercial" re motor vehicle, deleting reference to Subsec. (a) and substituting "insufficient undercarriage clearance" for "its width or the clearance of its undercarriage", added new Subsec. (c) requiring that commercial motor vehicle not attempt to cross railroad grade crossing if it does not have sufficient space to drive through and clear tracks without stopping, redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), respectively, amended new Subsec. (d) by inserting "and vehicles" and amended new Subsec. (e) by applying previously existing penalty to Subsec. (a) violations and making violations of Subsec. (b) or (c) an infraction, effective July 1, 2005; P.A. 05-288 made technical changes in Subsecs. (a) and (d), effective July 13, 2005.

      See chapter 881b re infractions of the law.

      Violation of statute is negligence as a matter of law. 140 C. 319, reversing 17 CS 492. Cited. 145 C. 714.

      Where plaintiff failed to stop at railway crossing, contributory negligence not established as matter of law. 17 CS 492 (reversed 140 C. 319).

      Sec. 14-250a. Vehicles prohibited on sidewalks. (a) No person shall operate any motor vehicle upon, nor shall any motor vehicle be left parked, standing or stopped on or across, any public sidewalk except to cross such sidewalk to enter or leave adjacent areas or to perform necessary sidewalk construction, maintenance or snow removal.

      (b) The provisions of this section shall not apply to an electric personal assistive mobility device, as defined in section 14-289h.

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

      (February, 1965, P.A. 448, S. 18; P.A. 75-577, S. 95, 126; May 9 Sp. Sess. P.A. 02-7, S. 68.)

      History: P.A. 75-577 made violation of provisions an infraction; May 9 Sp. Sess. P.A. 02-7 designated existing prohibition as Subsec. (a), added Subsec. (b) re electric personal assistive mobility devices and designated existing penalty as Subsec. (c), effective August 15, 2002.

      See chapter 881b re infractions of the law.

      Cited. 30 CA 742.

      Sec. 14-251. Parking vehicles. No vehicle shall be permitted to remain stationary within ten feet of any fire hydrant, or upon the traveled portion of any highway except upon the right-hand side of such highway in the direction in which such vehicle is headed; and, if such highway is curbed, such vehicle shall be so placed that its right-hand wheels, when stationary, shall, when safety will permit, be within a distance of twelve inches from the curb. No vehicle shall be permitted to remain parked within twenty-five feet of an intersection or a marked crosswalk thereat, or within twenty-five feet of a stop sign caused to be erected by the traffic authority in accordance with the provisions of section 14-301. No vehicle shall be permitted to remain stationary upon the traveled portion of any highway at any curve or turn or at the top of any grade where a clear view of such vehicle may not be had from a distance of at least one hundred and fifty feet in either direction. The Commissioner of Transportation may post signs upon any highway at any place where the keeping of a vehicle stationary is dangerous to traffic, and the keeping of any vehicle stationary contrary to the directions of such signs shall be a violation of this section. No vehicle shall be permitted to remain stationary upon the traveled portion of any highway within fifty feet of the point where another vehicle, which had previously stopped, continues to remain stationary on the opposite side of the traveled portion of the same highway. No vehicle shall be permitted to remain stationary within the limits of a public highway in such a manner as to constitute a traffic hazard or obstruct the free movement of traffic thereon, provided a vehicle which has become disabled to such an extent that it is impossible or impracticable to remove it may be permitted to so remain for a reasonable time for the purpose of making repairs thereto or of obtaining sufficient assistance to remove it. Nothing in this section shall be construed to apply to emergency vehicles and to maintenance vehicles displaying flashing lights or to prohibit a vehicle from stopping, or being held stationary by any officer, in an emergency to avoid accident or to give a right-of-way to any vehicle or pedestrian as provided in this chapter, or from stopping on any highway within the limits of an incorporated city, town or borough where the parking of vehicles is regulated by local ordinances. Violation of any provision of this section shall be an infraction.

      (1949 Rev., S. 2509; 1959, P.A. 283, S. 3; 1969, P.A. 768, S. 142; P.A. 75-577, S. 96, 126.)

      History: 1959 act excepted emergency vehicles and maintenance vehicles displaying flashing lights from provisions of section; 1969 act replaced highway commissioner with commissioner of transportation; P.A. 75-577 made violation of provisions an infraction.

      See Sec. 14-107 re liability of owner, operator or lessee of vehicle.

      See Sec. 14-307 re parking restrictions.

      See chapter 881b re infractions of the law.

      See 108 C. 197. Shoulder is not part of "traveled portion" of highway. 114 C. 336; Id., 651; 127 C. 340. Statute does not authorize parking on traveled portion without other precautions, if necessary, than those expressly required by it. 116 C. 574. Cited. 121 C. 439. What constitutes traveled portion is question of fact. 127 C. 341. Is not repealed by definition of "parked vehicle" in section 14-1 but is intended to be read with it. 142 C. 592. Violation of this section constitutes negligence as a matter of law; but for such negligence to be actionable, it must be proven to have been a proximate cause of decedent's injury. 153 C. 64. Cited. 162 C. 462. Cited. 170 C. 74. Cited. 174 C. 275.

      Cited. 17 CA 697. Statute supersedes local parking ordinance that does not address specific provisions of statute. 59 CA 434. City cannot enact ordinance prohibiting diagonal parking outside its limits on the public highway because of section; it can only enact legislation with respect to property within its legitimate control. 76 CA 222.

      Cited. 23 CS 211. Use of word "impracticable" as well as "impossible" in this section implies other factors besides mechanical condition of car are involved in deciding whether disabled car exception in this section applies. The word "disabled" in this section which prohibits stationary vehicles on highways except those which are disabled must be construed as applying not only to vehicles which cannot be moved under their own power but also to those which cannot be removed with reasonable safety and without creating danger greater than that which exists from their being stationary. 33 CS 49. Cited. Id., 49. Court must find facts sufficient to support conclusion that plaintiff negligent because of his violation of the statute including facts negating the application of any statutory exceptions. 37 CS 574.

      Cited. 4 Conn. Cir. Ct. 217.

      Sec. 14-252. Parking so as to obstruct driveway. No person shall park or leave stationary on a public highway any vehicle in front of or so as to obstruct or interfere with the ingress to or egress from any private driveway or alleyway, except with the permission of the owner of such private driveway or alleyway. Such parking or stationary position of any vehicle with such permission shall be subject to existing parking regulations. Violation of any provision of this section shall be an infraction.

      (1949 Rev., S. 2510; February, 1965, P.A. 448, S. 29; P.A. 75-577, S. 101, 126.)

      History: 1965 act added provision requiring compliance with parking regulations when blocking drive or alley; P.A. 75-577 replaced provision for twenty-five-dollar maximum fine with statement that violation of provisions is an infraction.

      See Sec. 14-107 re liability of owner, operator or lessee of vehicle.

      See chapter 881b re infractions of the law.

      Sec. 14-253. Parking privileges of handicapped persons. Section 14-253 is repealed.

      (1957, P.A. 415; P.A. 73-217; P.A. 76-427, S. 4.)

      Sec. 14-253a. Special license plates and removable windshield placards for blind persons and persons with disabilities which limit or impair the ability to walk. Parking spaces. Penalty. Regulations. (a) For the purposes of this section:

All such spaces shall be designated as reserved for exclusive use by handicapped persons and identified by the use of signs in accordance with subsection (h) of this section. Such parking spaces shall be adjacent to curb cuts or other unobstructed methods permitting sidewalk access to a blind or handicapped person and shall be fifteen feet wide, including three feet of cross hatch, or be parallel to a sidewalk. The provisions of this subsection shall not apply (1) in the event the State Building Code imposes more stringent requirements as to the size of the private parking area in which special parking spaces are required or as to the number of special parking spaces required or (2) in the event a municipal ordinance imposes more stringent requirements as to the size of existing private parking areas in which special parking spaces are required or as to the number of special parking spaces required.

      (h) Parking spaces designated for the handicapped on or after October 1, 1979, and prior to October 1, 2004, shall be as near as possible to a building entrance or walkway and shall be fifteen feet wide including three feet of cross hatch, or parallel to a sidewalk on a public highway. On and after October 1, 2004, parking spaces for passenger motor vehicles designated for the handicapped shall be as near as possible to a building entrance or walkway and shall be fifteen feet wide including five feet of cross hatch. On and after October 1, 2004, parking spaces for passenger vans designated for the handicapped shall be as near as possible to a building entrance or walkway and shall be sixteen feet wide including eight feet of cross hatch. Such spaces shall be designated by above grade signs with white lettering against a blue background and shall bear the words "handicapped parking permit required" and "violators will be fined". Such sign shall also bear the international symbol of access. When such a sign is replaced, repaired or erected it shall indicate the minimum fine for a violation of subsection (f) of this section. Such indicator may be in the form of a notice affixed to such a sign.

      (i) Any public parking garage or terminal, as defined in the State Building Code, constructed under a building permit application filed on or after October 1, 1985, and prior to October 1, 2004, shall have nine feet six inches' vertical clearance at a primary entrance and along the route to at least two parking spaces which conform with the requirements of subsection (h) of this section and which have nine feet six inches' vertical clearance unless an exemption has been granted pursuant to the provisions of subsection (b) of section 29-269. Each public parking garage or terminal, as defined in the State Building Code, constructed under a building permit application filed on or after October 1, 2004, shall have eight feet two inches' vertical clearance at a primary entrance and along the route to at least two parking spaces for passenger vans which conform with the requirements of subsection (h) of this section and which have eight feet two inches' vertical clearance unless an exemption has been granted pursuant to the provisions of subsection (b) of section 29-269.

      (j) The commissioner may suspend or revoke any plate or placard issued pursuant to this section when, after affording the person to whom such plate or placard was issued an opportunity for a hearing in accordance with chapter 54, the commissioner or his representative determines that such person has used or permitted the use of such plate or placard in a manner which violates the provisions of this section.

      (k) Nothing in this section may be construed to allow a blind person or a person with disabilities who is a bona fide resident of the state to park in a public or private area reserved for the exclusive use of handicapped persons as provided in this section if such person does not display upon or within his vehicle a plate or placard issued pursuant to this section.

      (l) Violation of any provision of this section shall be an infraction, provided the fine for violation of the provisions of subsection (f) of this section shall be not less than eighty-five dollars.

      (m) The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54, to carry out the provisions of this chapter and to establish a uniform system for the issuance, renewal and regulation of special license plates, removable windshield placards and temporary removable windshield placards. Such plates and placards shall be used only by persons to whom such plates and placards are issued.

      (P.A. 76-427, S. 1-3; P.A. 77-366, S. 1, 2; P.A. 79-144; P.A. 80-367, S. 1-3; 80-466, S. 23, 25; P.A. 81-172, S. 14; P.A. 82-420, S. 1, 4; P.A. 83-412, S. 2, 5; P.A. 84-377, S. 1, 4; 84-546, S. 44, 173; P.A. 85-206; P.A. 86-103; 86-388, S. 27, 31; P.A. 87-304, S. 3; P.A. 88-32, S. 1, 2; P.A. 89-74, S. 2; P.A. 90-300, S. 1, 2, 8; P.A. 94-189, S. 16; P.A. 95-325, S. 12, 16; P.A. 99-268, S. 24, 25, 34, 44; P.A. 00-169, S. 18, 19, 22, 34, 36; P.A. 02-70, S. 55; P.A. 04-199, S. 19; 04-237, S. 1; P.A. 06-130, S. 14.)

      History: P.A. 77-366 included reference to vehicles with special license plates in Subsec. (c) and clarified parking permission for vehicles with special plates in Subsec. (e); P.A. 79-144 greatly expanded provisions, revising Subsec. (a), inserting new Subsec. (b), revising former Subsec. (b) and redesignating it as (c), inserting new Subsec. (d), revising former Subsec. (c) and redesignating it as (e), deleting former Subsecs. (d) and (e), inserting new Subsecs. (f) to (i), replacing former provision for ninety-nine-dollar maximum fine with statement that violation is an infraction in former Subsec. (f) and redesignating it as Subsec. (j); P.A. 80-367 amended Subsec. (c) to delete reference to plates in provision re display and to add provision prohibiting use of plate for special parking privileges when car not conveying handicapped person and amended Subsec. (e) to add provisions re parking spaces in parking areas for two hundred or more cars; P.A. 80-466 replaced references to set of plates in Subsec. (b) with reference to single plate; P.A. 81-172 amended Subsec. (a) by providing for a five-year, rather than one-year validity period for a special parking identification card; P.A. 82-420 allowed nonprofit organizations that transport handicapped persons to obtain special parking identification cards; P.A. 83-412 deleted all references to nonprofit organizations which transport handicapped persons, thereby eliminating their parking privileges, provided for the phase-out of the special "HP" license plate and its replacement by a special international symbol of access license plate and provided that the provisions of Subsec. (e) are not applicable where an ordinance or state building code specifies more stringent requirements re size of parking area or number of special parking spaces; P.A. 84-377 amended (1) Subsec. (a), providing for (A) a fee of two dollars for the original issuance and renewal of special parking identification cards, a period of validity of two, rather than five, years for such cards and requiring different colors for renewal cards; (B) specific information in the physician's certification of impairment of ability to walk; (C) authorization for commissioner to require additional certification; (D) submission of notorized statement or personal appearance by applicant to request identification and (E) issuance of temporary special parking identification cards, (2) Subsec. (b), providing that special license plates may bear letters or any combination of numerals or letters and that identification issued be returned upon death or change in legal residence to another state, (3) Subsec. (d), providing for towing of vehicles parked in violation of Subsec. (d) for third or subsequent time and impounding of such vehicles, (4) Subsec. (f), requiring a warning and the international symbol of access in above grade signs, and (5) Subsec. (g), inserting new language re required vertical clearance for parking garages or terminals constructed on and after October 1, 1985, relettering remaining Subsecs. accordingly; P.A. 84-546 made technical change in Subsec. (j); P.A. 85-206 amended Subsec. (g), requiring that parking spaces in garages or terminals conform with the requirements of Subsec. (f); P.A. 86-103 permitted the issuance of special parking identification cards to blind persons and permitted the issuance of special license plates to handicapped persons who own motorcycles; P.A. 86-388 amended Subsecs. (a) to (c), inclusive, substituting "number" plate for license plate and including reference to issuance of a set of plates in accordance with provisions of Sec. 14-21b(a); P.A. 87-304 amended Subsec. (b) to increase fee for issuance of special number plate from five to ten dollars and exempt any handicapped person who transfers an unexpired registration and replaces number plate with special plate from payment of fees for transfer or replacement; P.A. 88-32 amended Subsec. (a) to require M.D. certification of blindness or "permanent" impairment of ability to walk only at time of original application and amended Subsec. (k) to require that the fine for violation of Subsec. (d) be a minimum of eighty-five dollars; P.A. 89-74 amended Subsec. (a) to permit optometrists to certify blindness at the time of original application and to delete requirement that permanent impairment of walking ability be certified at time original application is made; P.A. 90-300 amended Subsec. (e) to add two subdivision designations in the last sentence re exceptions and to insert new language as Subdiv. (2) "in the event a municipal ordinance imposes more stringent requirements as to the size of existing private parking areas ..." and amended Subsec. (g) to insert "public" before "parking garage or terminal" and "as defined in the state building code" thereafter, to require that vertical clearance be provided at a primary entrance and to add language concerning an exemption granted pursuant to Sec. 29-269(b); P.A. 94-189 substantially revised provisions of section deleting former Subsecs. (a), (b), (c) and (j) re special parking identification cards and license plates with new provisions, relettering former Subsecs. (d), (e), (f), (g), (h), (i) and (k) accordingly and making technical changes; P.A. 95-325 amended Subsec. (f) to specify when ambulances transporting patients may park in reserved area, effective July 13, 1995; P.A. 99-268 amended Subsec. (b) by allowing the commissioner to accept discharge papers of a disabled veteran for establishing that such veteran meets the definition of a person with disabilities which limit or impair the ability to walk, amended Subsec. (e) to revise provisions re parking without penalty in legally permissible parking areas for unlimited periods of time, notwithstanding periods indicated by parking meters or signs, and amended Subsec. (h) by increasing designated parking space size from fifteen feet wide, including three feet of cross hatch, to sixteen feet wide, including seven feet of cross hatch, and by requiring parking space signs to indicate the minimum fine for a violation of Subsec. (f); P.A. 00-169 amended Subsec. (a)(2) by removing provision stating a placard is valid for a period of five years from the date of issuance, Subsec. (b) by deleting reference to the five-dollar fee re applications and renewal applications for special license plates and removable windshield placards, and by adding a provision requiring a five-dollar fee for temporary removable windshield placard, effective October 1, 2000, and Subsec. (h) by changing parking space size requirements from "sixteen feet wide including seven feet of cross hatch" to "fifteen feet wide including three feet of cross hatch", effective June 1, 2000, and revised effective date of P.A. 99-268 but without affecting this section; P.A. 02-70 amended Subsec. (b) to make a technical change, effective July 1, 2002; P.A. 04-199 amended Subsec. (b) to permit advanced practice registered nurse to certify disabilities which limit or impair ability to walk re applications for special license plates and removable windshield placards and to certify that such disabilities meet definition under federal law, effective July 1, 2004; P.A. 04-237 amended Subsec. (h) to insert "and prior to October 1, 2004," and to add requirements re parking spaces for passenger motor vehicles and passenger vans designated for the handicapped, and amended Subsec. (i) to make a technical change, to provide that requirement re nine feet six inches' vertical clearance for public parking garages or terminals apply to those constructed under a building permit application filed on or after October 1, 1985, and prior to October 1, 2004, and to add eight feet two inches' vertical clearance requirements for public parking garages or terminals constructed under a building permit application filed on or after October 1, 2004; P.A. 06-130 amended Subsec. (b) to provide that commissioner is not required to issue more than one placard per applicant, amended Subsec. (d) by removing requirement that commissioner issue an additional placard to an applicant who has no special license plates and made a technical change in Subsec. (l), effective June 2, 2006.

      See Sec. 14-325b re refueling privileges for handicapped persons.

      Sec. 14-253b. Municipal police departments to report violations of handicapped parking laws. Section 14-253b is repealed.

      (P.A. 84-377, S. 2, 4; P.A. 94-188, S. 29.)

      Sec. 14-254. Parking privileges of disabled veterans. "Disabled veteran", as used in this section, means any veteran who served in time of war, as defined by section 27-103, and one or both of whose legs or arms or parts thereof have been amputated or the use of which has been lost or who is blind, or who have traumatic brain injury, or paraplegic or hemiplegic, such disability being certified as service-connected by the Veterans' Administration. The Commissioner of Motor Vehicles, upon application of any disabled veteran accompanied by such certificate of the Veterans' Administration, shall issue without charge a special number plate or set of plates in accordance with the provisions of subsection (a) of section 14-21b to be attached to a passenger motor vehicle owned or operated by such veteran and an identification card to be used in connection therewith. The card shall identify the veteran and the motor vehicle and shall state that such veteran is a disabled veteran qualified to receive the card, that the card, plate or plates shall be returned to the commissioner if the registration of the motor vehicle is cancelled or transferred, that the card is for the exclusive use of the person to whom it is issued, is not transferable and will be revoked if presented by any other person or if any privilege granted under this section is abused. If not so revoked, the card shall be renewable every four years at the time of registration of motor vehicles. No penalty shall be imposed for the overtime parking of any motor vehicle bearing a number plate issued under this section when it has been so parked by the disabled veteran to whom the plate and an identification card were issued or by any person operating such vehicle when accompanied by such veteran, provided the length of time for which such vehicle may remain parked at any one location shall not exceed twenty-four hours. The surviving spouse of a disabled veteran issued such special registration may retain any such registration and number plates without charge for his or her lifetime or until such time as he or she remarries.

      (1957, P.A. 164; 1959, P.A. 80, S. 1; P.A. 82-138, S. 1; P.A. 86-388, S. 28, 31; P.A. 97-236, S. 17, 27; P.A. 01-191, S. 3.)

      History: 1959 act redefined disabled veteran to include person who has lost the use of his arms or legs; P.A. 82-138 changed the renewal period for the identification card from annually to every four years; P.A. 86-388 substituted "number" plate for identification plate and included reference to issuance of a set of plates in accordance with provisions of Sec. 14-21b(a); P.A. 97-236 added provision to permit the surviving spouse of a disabled veteran to retain the special registration without charge for lifetime or until remarriage, effective June 24, 1997; P.A. 01-191 redefined "disabled veteran" to include a veteran having traumatic brain injury and made a technical change for the purpose of gender neutrality.

      Secs. 14-255 and 14-256. Use of multiple-beam road-lighting equipment. Following vehicle to dim lights. Sections 14-255 and 14-256 are repealed.

      (1949 Rev., S. 2438; 1955, S. 1334d; 1957, P.A. 106; 1967, P.A. 834, S. 30.)

      See Sec. 14-96u.

      Sec. 14-257. Crowded seats. Riders on outside of vehicle. Aisle seats. (a) No person shall operate any vehicle upon any public highway or other public place when the operator thereof is crowded or hampered by any person beside or in front of him or by reason of having in such vehicle more than the number of persons for whom reasonable and safe seating space is provided. No person shall operate any motor vehicle, except one in use by a fire or police department or in the regular conduct of business by any public utility or public or private refuse collection service or except a state or municipal maintenance vehicle, when any person is riding upon the running board, fender, hood or top of such vehicle.

      (b) No person shall operate any motor vehicle used for the transportation of passengers for hire having seats placed in any aisle.

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

      (1949 Rev., S. 2426; February, 1965, P.A. 448, S. 30; P.A. 75-577, S. 102, 126; P.A. 84-292; P.A. 90-263, S. 51, 74.)

      History: 1965 act deleted restriction of provisions to crowded "front" seats, deleted provision authorizing repairmen to ride outside vehicles, deleted graduated penalty schedule and added provisions re hampering the driver and public utility and municipal maintenance exceptions; P.A. 75-577 replaced provision for one-hundred-dollar maximum fine in Subsec. (c) with statement that violation of provisions is an infraction; P.A. 84-292 amended Subsec. (a), permitting riders on the outside of public or private refuse collection vehicles; P.A. 90-263 amended Subsec. (b) to substitute "motor vehicle used for the transportation of passengers for hire" for "public service motor vehicle or motor bus".

      See chapter 881b re infractions of the law.

      Question of fact whether seating capacity of front seat is sufficient for three persons. 121 C. 96. See 123 C. 353.

      Cited. 40 CA 495.

      Secs. 14-258 and 14-259. Use of metal tires restricted. Use of radio telephones. Sections 14-258 and 14-259 are repealed.

      (1949 Rev., S. 2495; 1949, 1955, S. 1338d; 1969, P.A. 446, S. 2; 768, S. 143; P.A. 73-544, S. 25; P.A. 75-577, S. 103, 126; P.A. 77-19, S. 1.)

      Sec. 14-260. Filling tanks. Placing gasoline or other fuel in the tank of any vehicle while the engine of such vehicle is running shall be an infraction.

      (1949 Rev., S. 2511; February, 1965, P.A. 448, S. 31; P.A. 75-577, S. 97, 126.)

      History: 1965 act deleted the word "motor" before the word "vehicle"; P.A. 75-577 replaced prohibition against filling tank while engine running with statement that doing so is an infraction.

      See Sec. 14-107 re liability of owner, operator or lessee of vehicle.

      See chapter 881b re infractions of the law.

      Secs. 14-260a to 14-260m. Reserved for future use.

      Sec. 14-260n. Definitions. As used in this section and sections 14-219, 14-240, 14-261, 14-261a and 14-262:

      (1) "Gross weight" means the light weight of a vehicle plus the weight of any load thereon, 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 thereon.

      (2) "Semitrailer" means any vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and load rests upon or is carried by another vehicle.

      (3) "Trailer" means any rubber-tired vehicle without motive power drawn or propelled by a motor vehicle, including, but not limited to, a semitrailer.

      (4) "Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property.

      (5) "Tractor" or "truck tractor" means a motor vehicle that is a non-cargo-carrying power unit used for drawing a trailer or two trailers for commercial purposes, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.

      (6) "Tractor-trailer unit" means a combination of a tractor and trailer or a combination of a tractor and a semitrailer.

      (7) "Converter dolly" means an axle to which is attached a hook engaged to an eye at the rear of a trailer and normally used in conjunction with the last trailer of a commercial vehicle combination.

      (8) "Commercial vehicle combination" means a combination of vehicles consisting of a truck tractor and two trailers, with the length of each trailer being not more than twenty-eight feet, exclusive of safety and energy conservation devices, such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray suppressant devices, load-induced tire bulge, refrigeration units, air compressors or air shields and other devices, which the secretary of the federal Department of Transportation may interpret as necessary for the safe and efficient operation of such vehicles, provided no such device has by its design or use the capability to carry cargo.

      (9) "Class 1 license" means a license designated class 1 by the Commissioner of Motor Vehicles in accordance with the provisions of section 14-36a.

      (10) "Commercial driver's license" or "CDL" means a license issued by a state which has enacted into law legislation in conformity with the Commercial Motor Vehicle Safety Act of 1986, Title XII, P.L. 99-570, which has been issued to an individual in accordance with the standards specified in the Code of Federal Regulations Title 49, Part 383, as amended, and which authorizes such individual to operate a class of commercial motor vehicle.

      (11) "CDL equivalent license" means a license issued by a state which has not enacted into law legislation in conformity with the Commercial Motor Vehicle Safety Act of 1986, Title XII, P.L. 99-570, but which, in the judgment of the Commissioner of Motor Vehicles, has been issued to an individual in accordance with standards no less stringent than those specified in the Code of Federal Regulations Title 49, Part 383, as amended, with respect to the knowledge, skills and driving record necessary for the individual to safely operate a commercial vehicle combination.

      (12) "Endorsement" means an authorization to the commercial driver's license required to permit the individual to operate a commercial vehicle combination pursuant to the Code of Federal Regulations Title 49, Section 383.93, as amended.

      (13) "Endorsed commercial driver's license" or "endorsed CDL" means a commercial driver's license as defined in subdivision (10) of this section with an endorsement as defined in subdivision (12).

      (14) "Person" means any individual, corporation, limited liability company, association, copartnership, company, firm or other aggregation of individuals.

      (15) "Fullmount" means a combination of vehicles as defined in the Code of Federal Regulations Title 23, Part 658, as amended.

      (16) "Saddlemount" means a combination of vehicles as defined in the Code of Federal Regulations Title 23, Part 658, as amended.

      (17) "Dromedary box" means a cargo-carrying container mounted on the frame of a tractor and located behind the cab.

      (P.A. 83-21, S. 1, 5; P.A. 84-372, S. 1, 9; P.A. 89-171, S. 2, 5; P.A. 93-307, S. 6, 34; P.A. 95-79, S. 41, 189; P.A. 97-304, S. 26, 31.)

      History: P.A. 84-372 excluded safety and energy conservation devices from consideration in determining length of trailers in Subdiv. (8); P.A. 89-171 added definitions of "class 1 license", "commercial driver's license", "CDL equivalent license", "endorsement" and "endorsed commercial driver's license"; P.A. 93-307 amended the section by adding new Subdivs. (15) and (16) defining "fullmount" and "saddlemount", effective June 29, 1993; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 97-304 added definition of "dromedary box" in Subdiv. (17), effective July 8, 1997.

      Sec. 14-261. Towing and pushing of vehicles. Double trailers and semitrailers. (a) When any occupied vehicle is drawn or towed by another vehicle upon any public highway, the distance between the towing vehicle and the vehicle being towed shall not exceed twenty feet. A rigid tow bar shall be used when towing any vehicle on any limited access highway and when towing any unoccupied vehicle on any other public highway. Except as provided under section 14-261a, no person shall operate on any public highway any vehicle which draws or tows at the same time more than one vehicle, including, but not limited to, a trailer which is designed or constructed so that no part of its weight except the towing device rests upon the towing vehicle, a semitrailer or a semitrailer equipped with an auxiliary front axle, but excluding a pole trailer, except that such limitation shall not apply to (1) a vehicle, other than a tractor or truck tractor as defined in subdivision (5) of section 14-260n, which tows a non-cargo-carrying vehicle having a gross weight not exceeding five thousand pounds coupled to the towing vehicle by a towing device designed exclusively for the towing of another vehicle, provided the overall length of the two vehicles and the towing device does not exceed fifty-five feet, or (2) a combination of vehicles coupled together by a saddlemount device used to transport motor vehicles in drive-away service when no more than three saddlemounts and one fullmount are used, provided equipment used in such combination shall have been approved by regulations adopted by the Commissioner of Motor Vehicles in accordance with the provisions of sections 4-166 to 4-174, inclusive, and shall comply with the safety regulations of the United States Department of Transportation, or (3) specialized equipment, as defined in the Code of Federal Regulations, Title 23, Part 658, as amended. No occupied vehicle shall be pushed or otherwise propelled from the rear by another vehicle except for the purpose of obtaining emergency service to start the engine of such vehicle or to perform the immediate function of removing such vehicle from the travel lanes to a place of safety at the roadside.

      (b) Any person pushing, propelling, drawing or towing a motor vehicle, except as authorized by the provisions of this section shall be deemed to have committed an infraction.

      (1949 Rev., S. 2513; February, 1965, P.A. 448, S. 32; 1969, P.A. 262; P.A. 73-272; P.A. 75-577, S. 98, 126; P.A. 81-366, S. 1; P.A. 83-21, S. 2, 5; P.A. 84-17; 84-372, S. 2, 9; P.A. 88-317, S. 60, 107; P.A. 93-307, S. 7, 34.)

      History: 1965 act deleted penalty provision and added limited access highway exception in first sentence, required wreckers to use rigid tow bars and added provision re pushing vehicles from the rear; 1969 act deleted exception re limited access highways and clarified requirement concerning rigid tow bars; P.A. 73-272 added exception re use of saddlemount devices; P.A. 75-577 made violation of provisions an infraction; P.A. 81-366 included specific vehicles in the general prohibition of towing more than one vehicle at a time; P.A. 83-21 divided section into Subsecs. and prohibited operation of commercial vehicle combinations and mandated fine and suspension of registration or license for such operation (Note: The U.S. District Court for the District of Connecticut granted the United States' motion for preliminary injunction enjoining the state from enforcing a prohibition on operation of commercial vehicle combinations on interstate highways and primary system highways designated pursuant to Section 411(e) of the Surface Transportation Assistance Act of 1982. U.S. v. State of Conn., D.C. Conn. 1983, 566 F. Supp. 571, affirmed 742 F.2d 1443); P.A. 84-17 inserted Subdivs. in Subsec. (a) adding new language as Subdiv. (1) permitting the towing of two vehicles at the same time with an overall length restriction; P.A. 84-372 eliminated prohibition on, and penalties for, operation of a commercial vehicle combination; P.A. 88-317 amended reference to Secs. 4-166 to 4-174 in Subsec. (a) to include new section added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 93-307 in Subdiv. (2) of Subsec. (a) deleted the words "two saddlemounts" and inserted in lieu thereof the words, "three saddlemounts and one fullmount" and in Subdiv. (3) inserted a reference to "specialized equipment", effective June 29, 1993.

      See chapter 881b re infractions of the law.

      Cited. 145 C. 141.

      Sec. 14-261a. Regulation of commercial vehicle combinations. (a) A commercial vehicle combination may be operated, by any person who holds (1) an endorsed commercial driver's license, (2) a CDL equivalent license, (3) an endorsed class 1 license, or (4) an operator's license issued by another state authorizing such person to operate a commercial vehicle combination, together with an endorsement issued by the Commissioner of Motor Vehicles in accordance with the provisions of subsection (b) of this section, on highways which are part of the National System of Interstate and Defense Highways and those sections of the Federal-Aid Primary System which are divided highways with four or more lanes and full control of access, which highways and sections are designated by the Secretary of the federal Department of Transportation pursuant to the Surface Transportation Assistance Act of 1982, as amended, provided the Commissioner of Transportation shall impose reasonable restrictions consistent with federal law. The Commissioner of Transportation may permit the operation of a commercial vehicle combination, defined as "specialized equipment" in the Code of Federal Regulations Title 23, Part 658, as amended, by any person holding a license to operate a commercial vehicle combination as provided in this section and semitrailers, as described in subsection (c) of section 14-262, on any other highway in order to allow the vehicle reasonable access to terminals, facilities for food, fuel, repairs and rest, and points of loading and unloading for household goods carriers. If a commercial vehicle combination consists of two semitrailers or a trailer drawing a semitrailer, such trailers shall be coupled by a converter dolly or a type of dolly approved by the Commissioner of Motor Vehicles.

      (b) The Commissioner of Motor Vehicles shall establish an endorsement for persons who are eligible to operate a commercial vehicle combination but do not hold an endorsed commercial driver's license, a CDL equivalent license, or a class 1 license. To obtain such endorsement, the operator shall demonstrate personally to the commissioner, his deputy, a motor vehicle inspector or an agent of the commissioner that he (1) has held a license issued by another state for at least three years which permits him to operate a commercial vehicle combination, (2) has a level of motor vehicle operating experience satisfactory to the commissioner, including but not limited to, passing a commercial vehicle combination driving test conducted by the commissioner, and (3) has not violated any of the provisions of section 14-219, 14-222 or 14-224 or subsection (a) of section 14-227a, or any similar provisions of the laws of any other state or any territory, within a three-year period, or been convicted of, or forfeited any bond taken for appearance for, or had his case nolled upon payment of any sum of money in connection with, or received a suspended judgment or sentence for, a violation of any of said provisions within a three-year period, or a second violation within a twelve-month period of the provisions of sections 14-230 to 14-249, inclusive, or of any similar provisions of the laws of any other state or any territory, or been held or found criminally responsible in connection with any motor vehicle accident resulting in the death of any person, provided the commissioner may waive the requirement of a driving test under subdivision (2) of this subsection for any applicant for an endorsement who demonstrates to the commissioner that he has had at least three years experience in operating commercial vehicle combinations or that he held a valid class 1A license on June 1, 1989. Each person holding a valid class 1A license on June 1, 1989, shall, not later than December 31, 1989, surrender such license to the commissioner who shall thereupon issue an endorsement to such person.

      (c) (1) The Commissioner of Motor Vehicles shall establish a commercial vehicle combination safety inspection program under which each commercial vehicle combination subject to safety inspection shall be examined or tested with respect to the operation, condition or performance of its brakes, tires, wheels, mirrors, operating controls, glazing, lighting devices, suspension, steering, exhaust system and electrical system. After the initial inspection of each commercial vehicle combination, the commissioner shall provide for a system of staggered annual inspections for such vehicles.

      (2) On and after July 14, 1984, no commercial vehicle combination shall be operated in the state unless it displays a currently valid certificate of inspection issued under this section or an equivalent certificate issued by another state, provided (A) any vehicle which is subject to registration and inspection in the state and which has been outside the state continuously for thirty days or more and which, at the time of reentering the state, does not bear a currently valid certificate of inspection may be operated in the state for a period of ten days after reentering the state, (B) any vehicle may be operated in the state for a period of ten days after its sale or resale, and (C) the Commissioner of Motor Vehicles may allow commercial combination vehicles to operate while displaying a certificate of inspection on the tractor portion of such vehicle only, provided the person, firm, corporation or association which operates such vehicle has established a preventive maintenance program approved by the commissioner.

      (d) The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section.

      (e) Any person operating a commercial vehicle combination or a semitrailer, as described in subsection (c) of section 14-262, in violation of any provision of subsection (a), (b) or (c) of this section or any regulation adopted thereunder shall be fined one thousand dollars for each offense. The Commissioner of Motor Vehicles shall also suspend, for sixty days, the motor vehicle registration certificate, privilege to operate or operator's license of any such person.

      (P.A. 83-21, S. 3, 5; P.A. 84-372, S. 3, 9; 84-546, S. 45, 173; P.A. 85-254; 85-613, S. 134; P.A. 89-171, S. 3, 5; P.A. 93-307, S. 8, 34; P.A. 98-91, S. 3.)

      History: (Note re P.A. 83-21, S. 3: The U.S. District Court for the District of Connecticut granted the United States' motion for preliminary injunction enjoining the state from enforcing a prohibition on operation of commercial vehicle combinations on interstate highways and primary system highways designated pursuant to Section 411(e) of the Surface Transportation Assistance Act of 1982. U.S. v. State of Conn., D.C. Conn. 1983, 566 F. Supp. 571, affirmed 742 F.2d 1443); P.A. 84-372 deleted provision making section applicable only upon court enjoining enforcement of commercial vehicle combination prohibition, deleted Subdivs. (2) to (5), inclusive, changed numbering of remaining Subsecs. to lettering, authorized permits for operation of commercial vehicle combinations to license testing site and to reasonable access points in Subsec. (a), modified class 1A license requirements in Subsec. (b) and added Subsecs. (c), (d), (e) and (f), concerning, respectively, safety inspections, reporting, regulations and penalties; P.A. 84-546 made technical amendments to former Subdivs. (2) and (3) which failed to take effect, those Subdivs. having been deleted by P.A. 84-372; P.A. 85-254 amended Subsec. (b) by reducing the period during which an applicant must demonstrate he has not violated various traffic laws from five years to three years, inserted a new Subsec. (c) providing for recognition of reciprocal agreements governing licensing requirements and relettering the remaining subsections and amended Subdiv. (2) of the new Subsec. (d) by adding a Subpara. (C) allowing vehicles to operate with a certificate of inspection on the tractors only provided the operator of the vehicle has established a preventive maintenance program approved by the commissioner; P.A. 85-613 revised Subsec. (c) deleting former provision re recognition of reciprocal agreements between other states and adding language re issuance of Class 1A license to holder of license to operate a commercial vehicle combination issued by another state; P.A. 89-171 (1) eliminated all references throughout the section to the issuance and holding of a class 1A license and authorized the operation of a commercial vehicle combination by any person who holds an endorsed commercial driver's license, CDL equivalent license, endorsed class 1 license or an operator's license issued by another state authorizing operation of such vehicle with an endorsement issued by the commissioner, (2) required each person holding a valid class 1A license on June 1, 1989, to surrender such license to commissioner not later than December 31, 1989, who shall then issue an endorsement to such person, (3) deleted Subsecs. (c) and (e) in their entirety, relettering remaining Subsecs., (4) required the commissioner to adopt regulations to carry out purposes of this section and deleted reference to commissioner of transportation and (5) made all technical changes as necessary; P.A. 93-307 amended Subsec. (a) by providing that the commissioner of transportation may permit the operation of a commercial vehicle combination defined as "specialized equipment" in the Code of Federal Regulations, effective June 29, 1993; P.A. 98-91 amended Subsecs. (a) and (e) to add references to semitrailers and increased fine in Subsec. (e) from five hundred to one thousand dollars.

      Subsec. (c):

      Cited. 199 C. 667.

      Sec. 14-261b. Drug and alcohol testing of drivers of certain vehicles, mechanics and forklift operators. (a) For the purposes of this section:

      (1) "Driver" means an employee driver or a contract driver under contract for ninety days or more in a period of three hundred sixty-five days; and

      (2) "Employer" means a person employing or contracting with a driver.

      (b) Notwithstanding the provisions of sections 31-51t to 31-51aa, inclusive, (1) any person employing a driver of a commercial motor vehicle, as defined in section 14-1, operating in intrastate commerce in the state shall require such driver to submit to testing as provided by federal law pursuant to 49 USC 31306 and 49 CFR Parts 382 and 391, and (2) any person employing a driver of a motor vehicle with a gross vehicle weight rating of ten thousand and one pounds or more but not more than twenty-six thousand pounds, a mechanic who repairs or services such a vehicle or a commercial motor vehicle, as defined in section 14-1, or a forklift operator may require such driver, mechanic or operator to submit to testing as provided by federal law pursuant to 49 USC 3102 and 49 CFR Parts 382 and 391.

      (c) Any employer who fails to comply with the provisions of this section shall be subject to a civil penalty of three hundred dollars which shall be imposed by the Commissioner of Motor Vehicles after notice and opportunity for a hearing pursuant to the provisions of chapter 54. The commissioner shall impose a civil penalty of one thousand dollars for any subsequent failure to comply by such employer.

      (P.A. 91-316, S. 1, 2; 91-406, S. 24, 29; P.A. 94-189, S. 17; P.A. 95-140; P.A. 00-169, S. 28.)

      History: P.A. 91-406 substituted reference to Subsec. (f) for (e) in Subsec. (a) and "or" for "and" between Subdivs. (3) and (4) in Subsec. (d); P.A. 94-189 amended Subsec. (a) by adding a reference to Secs. 31-51u and 31-51v, changing the vehicle weight rating from "over twenty-six thousand pounds" to "twenty-six thousand and one pounds or more" and adding Subsec. (g) concerning a civil penalty; P.A. 95-140 reversed the order of Subsecs. (a) and (b), eliminating the definition of "urinalysis drug test" in Subsec. (a) and inserting in Subsec. (b) provisions requiring that all drivers of commercial motor vehicles, as defined, submit to alcohol and drug testing and authorizing the testing of drivers of motor vehicles with a GVWR of ten thousand and one pounds or more but not more than twenty-six thousand pounds, mechanics who repair such vehicles or commercial motor vehicles and forklift operators and deleted Subsecs. (c) to (f), inclusive, re urinalysis drug tests, relettering the remaining Subsec. accordingly; P.A. 00-169 amended Subsec. (b) by making a technical correction.

      Sec. 14-262. Width and length of vehicles. Exceptions. Permits. (a) The following vehicles shall not be operated upon any highway or bridge without a special written permit from the Commissioner of Transportation, as provided in section 14-270, specifying the conditions under which they may be so operated:

      (1) A vehicle, combination of vehicle and trailer or commercial vehicle combination, including each such vehicle's load, which is wider than one hundred two inches or its approximate metric equivalent of two and six-tenths meters or one hundred two and thirty-six-hundredths inches, including its load, but not including the following safety devices: Reasonably sized rear view mirrors, turn signals, steps and handholds for entry and egress, spray and splash suppressant devices, load-induced tire bulge and any other state-approved safety device which the Commissioner of Transportation determines is necessary for the safe and efficient operation of such a vehicle or combination, provided no such state-approved safety device protrudes more than three inches from each side of the vehicle or provided no such device has by its design or use the capability to carry cargo. Such permit shall not be required in the case of (A) farm equipment, (B) a vehicle or combination of vehicle and trailer loaded with hay or straw, (C) a school bus equipped with a folding stop sign or exterior mirror, as approved by the Commissioner of Motor Vehicles, which results in a combined width of bus and sign or bus and mirror in excess of that established by this subsection, (D) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, or (E) a recreation vehicle with appurtenances, including safety devices and retracted shade awnings, no greater than six inches on each side for a maximum allowance of twelve inches; and

      (2) A combination of truck and trailer which is longer than sixty-five feet except (A) a combination of truck and trailer or tractor and semitrailer loaded with utility poles, both trailer and semitrailer having a maximum length of forty-eight feet, utility poles having a maximum length of fifty feet and the overall length not to exceed eighty feet, (B) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed four thousand pounds, (C) a tractor-trailer unit, (D) a commercial vehicle combination, (E) combinations of vehicles considered as specialized equipment in 23 CFR 658.13(e), as amended, or (F) a tractor equipped with a dromedary box operated in combination with a semitrailer which tractor and semitrailer do not exceed seventy-five feet in overall length.

      (b) A special written permit may not be issued by the Commissioner of Transportation for a combination of vehicles consisting of a vehicle drawing a combination of three or more trailers or semitrailers, except any such combination engaged in the transportation of an indivisible load.

      (c) The maximum length of a single unit vehicle shall be forty-five feet and the maximum length of the semitrailer portion of a tractor-trailer unit shall be forty-eight feet. A trailer greater than forty-eight feet and less than or equal to fifty-three feet in length, that has a distance of no more than forty-three feet between the kingpin and the center of the rearmost axle with wheels in contact with the road surface, may be operated on (1) unless posted otherwise, United States and Connecticut routes numbered from 1 to 399, inclusive, 450, 476, 508, 693 and 695 and the national system of interstate and defense highways, and (2) state and local roads for up to one mile from the routes and system specified in subdivision (1) of this subsection for access to terminals, facilities for food, fuel, repair and rest, and points of loading and unloading. The Commissioner of Transportation shall permit additional routes upon application of carriers or shippers provided the proposed additional routes meet the permit criteria of the Department of Transportation. Such length limitation shall be exclusive of safety and energy conservation devices, such as refrigeration units, air compressors or air shields and other devices, which the Secretary of the federal Department of Transportation may interpret as necessary for the safe and efficient operation of such vehicles, provided no such device has by its design or use the capability to carry cargo.

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

      (1949 Rev., S. 2500; 1959, P.A. 542, S. 1; February, 1965, P.A. 429; 1967, P.A. 42; 1969, P.A. 354, S. 1; 768, S. 144; P.A. 74-153; P.A. 75-577, S. 99, 126; P.A. 76-342; P.A. 81-366, S. 2; P.A. 82-354; P.A. 84-372, S. 4, 9; P.A. 85-126, S. 1, 2; P.A. 91-15; P.A. 93-307, S. 9, 34; P.A. 94-188, S. 10; P.A. 97-304, S. 27, 31; P.A. 99-181, S. 17, 18, 21, 40; P.A. 02-123, S. 10; P.A. 03-115, S. 80; P.A. 04-143, S. 8; P.A. 06-133, S. 1.)

      History: 1959 act extended permissible length from forty-five to fifty feet, deleted exception in first sentence for combination of passenger motor vehicle and trailer for camping or living purposes (but see section 14-263) and substituted "piling or structural units" for "structural steel or iron"; 1965 act added provision re trailers exceeding forty feet and increased permissible length from fifty to fifty-five feet; 1967 act placed eighty-foot length limit on vehicle or vehicle and trailer loaded with poles, lumber, piling or structural units; 1969 acts made all limits applicable to combination of vehicle and trailer and replaced highway commissioner with commissioner of transportation; P.A. 74-153 added exceptions re farm equipment and school buses; P.A. 75-577 stated that violation of provisions is an infraction; P.A. 76-342 exempted from permit requirement automobile trailers designed and used for transporting new or used vehicles; P.A. 81-366 clarified those types of vehicles which are prohibited on state highways without special permits and increased the maximum length of a vehicle not requiring a special permit to sixty feet provided that the trailer is no longer than forty-five feet; P.A. 82-354 added Subsec. (b) providing for a special permit for vehicles towing trailers between forty-five and forty-eight feet in length; P.A. 84-372 made provisions of section consistent with federal law governing width and length of vehicles and rearranged provisions for clarity; P.A. 85-126 amended Subdiv. (1) of Subsec. (a) by changing the width of a vehicle from eight feet six inches to one hundred two inches or its metric equivalent not including various safety devices, amended Subdiv. (2) of Subsec. (a) by prohibiting vehicle combinations engaged in transporting automobiles from allowing such automobiles to overhang more than three feet from the front of the vehicle or more than four feet from the rear of the vehicle, and amended Subsec. (b) by deleting exclusions in computing the maximum length of a semitrailer for various safety devices; P.A. 91-15 added a new Subsec. (b) prohibiting the department from issuing a permit for vehicles drawing a combination of three or more trailers or semitrailers and relettered the remaining Subsecs.; P.A. 93-307 amended Subdiv. (2) of Subsec. (a) by making the Subdiv. inapplicable to a single vehicle, deleting Subparas. (A), (D) and (E) in their entirety, relettering the remaining Subparas. (B) and (C) accordingly and adding a new Subpara. (C) re commercial vehicles defined as specialized equipment, amended Subsec. (c) to provide that the maximum length of "a single unit vehicle shall be forty-five feet and the maximum length of" the semitrailer portion of a tractor-trailer unit shall be forty-eight feet, adding provision permitting trailers "greater than forty-eight feet and less than or equal to fifty-three feet" to be operated on state and local roads for various reasons as long as the "distance from the kingpin to the center of the rearmost axle" does not exceed forty-one feet and providing that the commissioner of transportation "shall permit additional routes" upon the application of carriers or shippers provided the additional routes meet the permit criteria of the department of transportation, effective June 29, 1993; P.A. 94-188 amended Subdiv. (2) of Subsec. (a) by revising Subpara. (C) to read "commercial vehicle combination", adding Subpara. (D) and changing the citation to the Code of Federal Regulations from "Part 658" to "658.13(d)"; P.A. 97-304 amended Subdiv. (2) of Subsec. (a) to add Subpara. (E) re tractors equipped with a dromedary box operated in combination with a semitrailer, effective July 8, 1997; P.A. 99-181 amended Subsec. (a)(2) by making the provisions of subdivision applicable to a combination of a "truck and trailer" in lieu of a "vehicle and trailer" and added a new Subpara. (A) re a combination of truck and trailer or trailer and semitrailer loaded with utility poles, relettering existing Subparas. accordingly, amended Subsec. (c) by changing the maximum allowed distance from the kingpin to the center of the rearmost axle from forty-one to forty-three feet and amended Subsec. (d) by changing penalty for violation from an infraction to a fine of five hundred dollars, effective June 23, 1999; P.A. 02-123 amended Subsec. (c) to allow the operation of a trailer greater than forty-eight feet and less than or equal to fifty-three feet long that has a distance of no more than forty-three feet between the kingpin and the center of the rearmost axle on US and CT routes 1 to 399, inclusive, 450, 476, 508, 693 and 695 and on state and local roads for up to one mile from the specified routes and system and to make technical and conforming changes; P.A. 03-115 amended Subsec. (c) to add "with wheels in contact with the road surface", effective June 18, 2003; P.A. 04-143 amended Subsec. (a)(2) to prohibit combination trucks and trailers longer than sixty-five feet, rather than sixty feet, from operation on any highway or bridge without a special written permit and to make a technical change; P.A. 06-133 amended Subsec. (a)(1) by adding Subpara. (E) re recreation vehicles with appurtenances, effective June 6, 2006.

      See chapter 881b re infractions of the law.

      Sec. 14-262a. Removal of disabled trucks and trailers from highways. Licensed repair tow trucks may, without regard to the limitations of length contained in section 14-262, tow disabled trucks and trailers from highways to the nearest garage where such disabled vehicle can be properly repaired, but not more than twenty-five miles. Violation of any provision of this section shall be an infraction.

      (February, 1965, P.A. 563; P.A. 75-577, S. 100, 126.)

      History: P.A. 75-577 made violation of provisions an infraction.

      See chapter 881b re infractions of the law.

      Sec. 14-262b. Permits for operating or towing mobile homes. Width and length of vehicles. Notwithstanding section 14-270, the Commissioner of Transportation shall establish a program for the purpose of issuing permits allowing the following vehicles to be operated upon any highway or bridge: (1) A mobile home with a width greater than fourteen feet but no greater than sixteen feet; (2) a mobile home attached to a towing vehicle which has a combined length of one hundred feet or less if such towing vehicle has a length over eighty feet; or (3) a mobile home attached to a towing vehicle which has a combined length of one hundred four feet if such towing vehicle has a length of eighty feet or less. Such permit shall specify conditions under which such mobile home shall be permitted to operate, including, but not limited to, the period of time such operation shall be authorized. For the purposes of this section, "mobile home" shall have the same meaning as in section 21-64a. The Commissioner of Transportation shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

      (P.A. 03-96, S. 1.)

      Sec. 14-263. Length of camp trailers. Section 14-263 is repealed.

      (1949 Rev., S. 2498; 1955, S. 1380d; 1969, P.A. 354, S. 2; 768, S. 145.)

      Sec. 14-264. Special permits for vehicles of excessive height. No vehicle, except a vehicle loaded with loose hay or straw, whose height, with its load, exceeds thirteen feet six inches, shall be operated upon any highway or bridge without a special written permit from the Commissioner of Transportation as provided in section 14-270, specifying the period for which and the other conditions under which such vehicle shall be permitted to be so operated. Violation of the provision of this section shall be subject to a fine of one thousand five hundred dollars.

      (1949 Rev., S. 2501; 1967, P.A. 153, S. 1; 1969, P.A. 354, S. 3; 768, S. 146; P.A. 75-577, S. 104, 126; P.A. 99-181, S. 22, 40.)

      History: 1967 act increased maximum height from twelve feet six inches to thirteen feet six inches; 1969 acts deleted "commercial" with reference to vehicles, thus broadening applicability, added reference to Sec. 14-270 and replaced highway commissioner with commissioner of transportation; P.A. 75-577 replaced provision for maximum fine of twenty-five dollars with statement that violation of provisions is an infraction; P.A. 99-181 changed penalty for violation from an infraction to a fine of one thousand five hundred dollars, effective June 23, 1999.

      See chapter 881b re infractions of the law.

      Violation constitutes negligence but to constitute contributory negligence it must be a proximate cause or substantial factor in bringing about the injuries. 145 C. 714.

      Sec. 14-265. Special permits for trailers. Section 14-265 is repealed.

      (1949 Rev., S. 2502; 1969, P.A. 354, S. 4; 768, S. 147; P.A. 82-223, S. 17; P.A. 83-577, S. 22; P.A. 91-216, S. 3.)

      Sec. 14-266. Operating vehicles of over four tons' capacity on restricted highways. The Commissioner of Transportation may restrict the use of motor vehicles of over four tons' capacity on any state highway or portion thereof which, in his opinion, would be seriously injured by such use. No person shall operate any such motor vehicle on any such restricted highway or portion thereof. Any person who violates any provision of this section shall be fined not less than one hundred dollars nor more than five hundred dollars.

      (1949 Rev., S. 2499; 1969, P.A. 768, S. 148; P.A. 90-263, S. 25, 74.)

      History: 1969 act replaced highway commissioner with commissioner of transportation; P.A. 90-263 deleted reference to commercial motor vehicles.

      Cited. 22 CS 489.

      Sec. 14-267. Operating overweight commercial vehicles. Highway weighing required. Penalty. Section 14-267 is repealed.

      (1949 Rev., S. 2422; 1953, S. 1317d; February, 1965, P.A. 240; 1969,P.A. 446, S. 3; 768, S. 149; 1971, P.A. 506; P.A. 75-194, S. 1, 2; P.A. 79-188, S. 9, 10.)

      Sec. 14-267a. Weight restrictions for vehicles, trailers or other objects. Highway weighing procedure. Penalties for overweight violations. Fines for failure to comply. Regulations. (a) A vehicle or combination of vehicle and trailer or semitrailer or any other object may be operated upon any highway or bridge, subject to the provisions of section 13a-151, provided such vehicle or combination of vehicle and trailer or semitrailer or other object meets all the applicable requirements of this section or has been granted a permit under section 14-270.

      (b) The axle weight on any axle and the gross weight of any vehicle or combination of vehicle and trailer or vehicle and semitrailer or any other object, including its load, may not exceed the manufacturer's axle weight rating, the gross vehicle weight rating or the following gross weight limits: (1) A two-axle vehicle equipped with pneumatic tires, a gross weight of thirty-two thousand pounds; (2) a two-axle vehicle equipped with solid or pneumatic tires, the weight on any single axle not to exceed eighteen thousand pounds, a gross weight of thirty-six thousand pounds; (3) a three-axle vehicle equipped with pneumatic tires, the weight on any single axle not to exceed twenty-two thousand four hundred pounds or, in the case of axles spaced less than six feet apart, eighteen thousand pounds, gross vehicle weight of fifty-three thousand eight hundred pounds; (4) a three-axle combination of vehicle and trailer or vehicle and semitrailer, the weight on any single axle not to exceed twenty-two thousand four hundred pounds or, in the case of axles spaced less than six feet apart, eighteen thousand pounds, a gross vehicle weight of fifty-eight thousand four hundred pounds; (5) a four-or-more-axle vehicle or combination of vehicle and trailer or vehicle and semitrailer equipped with pneumatic tires, the weight on any single axle not to exceed twenty-two thousand four hundred pounds or, in the case of axles spaced less than six feet apart, eighteen thousand pounds, a gross vehicle weight of sixty-seven thousand four hundred pounds; (6) a four-or-more-axle vehicle or combination of vehicle and trailer or vehicle and semitrailer where the distance between the first and last axle is not less than twenty-eight feet, the weight on any single axle not to exceed twenty-two thousand four hundred pounds or, in the case of axles spaced less than six feet apart, eighteen thousand pounds, a gross vehicle weight of seventy-three thousand pounds, provided in no event shall the gross vehicle weight exceed seventy-three thousand pounds; (7) the gross vehicle weight of a bulk milk pickup tanker shall not exceed ninety-nine thousand pounds, provided the weight of the bulk milk pickup tanker is permitted under the federal-aid highway amendments of 1974, 88 Stat. 2281, 23 USC 101 et seq., as amended from time to time, and (8) notwithstanding the provisions of this subsection and subsection (e) of this section, a vehicle or combination of vehicle and semitrailer equipped with pneumatic tires may be operated on any highway or bridge without a written permit, provided the weight on any single axle does not exceed twenty-two thousand four hundred pounds or, in the case of axles spaced less than six feet apart, eighteen thousand pounds, and provided such vehicle or combination is in compliance with the federal-aid highway amendments of 1974, 88 Stat. 2281, 23 USC 101 et seq., as amended from time to time, including the gross vehicle weight limit of eighty thousand pounds and the following weight distribution formula:

Where W = overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of sixty-eight thousand pounds, provided the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.

      (c) The weight per inch width of tire on any single vehicle or combination of vehicles equipped with pneumatic tires, when loaded, shall be not more than six hundred pounds. The sum of the widths of all the tires on a wheel or combination of wheels shall be taken in determining tire width. For the purposes of this section, the width of pneumatic tires shall be determined in conformity with the manufacturer's designated width on the tire. A vehicle or combination of vehicles equipped with any solid rubber tires shall not have weights more than eighty per cent of those permitted in this section for pneumatic tires. The width of solid rubber tires shall be ascertained by measuring the width of the tire base channel or between the flanges of the metal rim. No vehicle equipped with solid tires which have at any point less than one inch of rubber above the top or beyond the flange or rim shall be operated upon a public highway.

      (d) The owner of any vehicle or other object operated or moved over any highway or bridge in violation of any provision of this section shall be liable for all damages to such highway or bridge resulting from such violation and such damages may be recovered in an action at law by the authority in charge of the maintenance of such highway or bridge.

      (e) No person shall operate any commercial motor vehicle, nor shall the owner or lessee of any commercial motor vehicle allow such motor vehicle to be operated, on any public highway or bridge, when the combined weight of vehicle and load exceeds the gross weight, as registered with the Department of Motor Vehicles, the tire capacity or the axle load, except that the gross vehicle weight shall not exceed eighty thousand pounds, or as provided by statute, or, in the case of a vehicle registered in any other state or country, as so registered or provided in such state or country or as designated as legal for a like motor vehicle of Connecticut registration, whichever is the lesser, without a written permit from the Commissioner of Transportation, which shall prescribe the condition under which such vehicle shall be operated.

      (f) (1) The penalties provided for in this subsection shall be assessed against the owner of a commercial motor vehicle when the owner, the owner's agent or employee is the operator, or against the lessee of such vehicle when the lessee, the lessee's agent or employee is the operator of a leased or rented commercial motor vehicle.

      (2) Any person who violates any provision of this section shall be subject to the following penalties: (A) For an overweight violation of not more than five per cent of the gross weight or axle weight limits in subsection (b) of this section, a fine of three dollars per hundred pounds or fraction thereof of such excess weight; (B) for an overweight violation of more than five per cent and not more than ten per cent of either such weight limit, a fine of five dollars per hundred pounds or fraction thereof of such excess weight or a minimum fine of fifty dollars; (C) for an overweight violation of more than ten per cent but not more than fifteen per cent of either such weight limit, a fine of six dollars per hundred pounds or fraction thereof of such excess weight or a minimum fine of one hundred dollars; (D) for an overweight violation of more than fifteen per cent but not more than twenty per cent of either such weight limit, a fine of seven dollars per hundred pounds or fraction thereof of such excess weight or a minimum fine of two hundred dollars; (E) for an overweight violation of more than twenty per cent but not more than twenty-five per cent of either such weight limit, a fine of ten dollars per hundred pounds or fraction thereof of such excess weight or a minimum fine of three hundred dollars; (F) for an overweight violation of more than twenty-five per cent but not more than thirty per cent of either such overweight limit, a fine of twelve dollars per hundred pounds or fraction thereof of such excess weight or a minimum fine of five hundred dollars; and (G) for an overweight violation of more than thirty per cent of either such overweight limit, a fine of fifteen dollars per one hundred pounds or fraction thereof of such excess weight or a minimum fine of one thousand dollars.

      (3) The court shall note on the record any conviction for an overweight violation in excess of fifteen per cent of the gross weight limits in subsection (b) of this section with respect to any vehicle with a gross vehicle weight of eighteen thousand pounds or more and shall cause such information to be transmitted to the Commissioner of Motor Vehicles. Upon receipt of such information with respect to a third or subsequent conviction for such overweight violation in a calendar year, the commissioner may schedule a hearing, in accordance with the provisions of chapter 54, to review the record of the motor vehicle registrant and shall notify the registrant of the hearing. In such cases, the Commissioner of Motor Vehicles may review information and evidence presented at the hearing including, but not limited to, frequency of the registrant's commercial vehicle operations, the size of the registrant's fleet and the culpability, if any, of the shipper. After the hearing, the commissioner may impose a civil penalty on the owner or lessee of such motor vehicle in the amount of two thousand dollars or revoke the registration, for a period of thirty days, of any commercial motor vehicle so operated and may refuse to issue a registration for such motor vehicle during such further time as the commissioner deems reasonable.

      (4) An owner or lessee who is assessed penalties pursuant to this subsection for an overweight violation in excess of fifteen per cent of the gross weight limits in subsection (b) of this section five times during any calendar year shall be assessed by the court an additional five thousand dollars for the fifth violation and an additional five thousand dollars for each subsequent overweight violation in excess of fifteen per cent of such limits in such calendar year.

      (5) No more than twenty-five per cent of any fine imposed pursuant to this subsection may be remitted unless the court determines that there are mitigating circumstances and specifically states such circumstances for the record.

      (g) For the purpose of enforcing the provisions of this section, any state police officer, Department of Public Safety employee designated by the Commissioner of Public Safety, local police officer, Department of Motor Vehicles inspector, or Department of Transportation employee designated by the Commissioner of Transportation, may require the driver to stop and submit to a weighing by means of either portable or stationary scales and may require that such vehicle be driven to a scale or safety inspection site.

      (h) Whenever signs are displayed on a public highway, indicating that a scale is in operation and directing the driver of a commercial vehicle to stop at the weighing area, the driver shall stop and, in accordance with the directions of any state police officer, Department of Public Safety employee designated by the Commissioner of Public Safety, local police officer, Department of Motor Vehicles inspector, or Department of Transportation employee designated by the Commissioner of Transportation, allow the vehicle to be weighed or inspected.

      (i) The driver of a vehicle which is weighed may remove from such vehicle any material, including, but not limited to, sand, debris, ice or snow, which may have accumulated on the outside of such vehicle, before any such official determines that the weight of such vehicle is unlawful.

      (j) Whenever such an official, upon weighing a vehicle and load, determines that the weight is unlawful, such official may require the driver to remove from the vehicle that portion of the load that may be necessary to reduce the gross or axle weight of such vehicle to the limit permitted under this chapter, provided if the vehicle is in violation of an axle weight limit in subsection (b) of this section but not a gross weight limit under said subsection, such official shall allow the driver to manually shift the load in order to comply with such axle weight limit without penalty.

      (k) (1) Any driver of a vehicle who fails or refuses when directed by such official, upon a weighing of the vehicle, to comply with his directions shall be fined not less than one hundred dollars nor more than two hundred dollars for the first offense and not less than two hundred dollars nor more than five hundred dollars for each subsequent offense. (2) Any driver of a vehicle who (A) exits a limited access highway on which a scale or safety inspection site is in operation with intent to circumvent the provisions of subsection (h) of this section, without a bona fide business purpose, or (B) fails to comply with the provisions of subsection (h) shall be fined not less than two hundred fifty dollars nor more than five hundred dollars for the first offense and not less than five hundred dollars nor more than one thousand dollars for each subsequent offense.

      (l) The Commissioner of Transportation may adopt regulations in accordance with chapter 54 necessary to implement the purposes of this section. The Commissioner of Transportation, after consultation with the Commissioner of Public Safety and the Commissioner of Motor Vehicles, shall adopt regulations in accordance with chapter 54 defining safety standards and inspection procedures to assure compliance with the safety requirements of 10 CFR 71 and 49 CFR 100 through 199 and the fines for noncompliance. The Department of Transportation shall coordinate development of state policy and regulations concerning the trucking industry.

      (P.A. 79-188, S. 1, 10; P.A. 80-71, S. 22, 30; P.A. 81-472, S. 23, 159; Oct. Sp. Sess. P.A. 83-1, S. 1, 4; P.A. 84-516, S. 2-4, 7; P.A. 85-198; 85-533, S. 1; P.A. 86-403, S. 30, 132; P.A. 88-320, S. 1; P.A. 94-188, S. 11; P.A. 02-70, S. 58, 59, 64; P.A. 03-190, S. 1.)

      History: P.A. 80-71 amended Subsec. (b) to include provisions re weight distribution formula, raised maximum weight in Subsec. (e) from seventy-three thousand to eighty thousand pounds, completely changed fine provisions of Subsec. (f), made technical corrections in Subsecs. (g) and (h) and expanded regulation powers in Subsec. (k); P.A. 81-472 made technical changes; Oct. Sp. Sess. P.A. 83-1 entirely replaced Subsec. (f) provisions re penalties with new provisions; P.A. 84-516 deleted Subdiv. (9) in Subsec. (b), which required use of the federal bridge formula in computing gross weight for all commercial vehicles on and after January 1, 1990, completely changed the fines in Subdiv. (2) of Subsec. (f), limited the applicability of Subdivs. (3) and (5) of Subsec. (f) to violations of gross weight limits and added the provision in Subsec. (i) re shifting of loads; P.A. 85-198 inserted a new Subsec. (i) which allows drivers to remove material which may have accumulated on the outside of a vehicle before such vehicle is weighed and relettered former Subsecs. (i) to (k) accordingly; P.A. 85-533 amended Subdiv. (3) of Subsec. (f) by requiring a bond of an out-of-state owner or lessee of a motor vehicle and requiring a fine of two thousand dollars of an in-state owner or lessee upon a second conviction; P.A. 86-403 replaced numeric Subpara. indicators with alphabetic Subpara. indicators in Subdiv. (3) of Subsec. (f); P.A. 88-320 added Subdiv. (2) in Subsec. (k) to require a penalty for any driver of a vehicle who attempts to avoid a scale or safety inspection site or fails to comply with the provisions of Subsec. (h); P.A. 94-188 amended Subsec. (b) by eliminating the two per cent tolerance in the weight calculation formula, providing that axle weight and gross weight, including load weight, may not "exceed the manufacturer's axle weight rating, the gross vehicle weight rating or the following gross weight limits", amended Subdiv. (1) by deleting language concerning a twenty-six-thousand-pound weight limit for a two-axle vehicle equipped with solid tires, and making what was formerly Subdiv. (2) the new Subdiv. (1), renumbering the remaining Subdivs., eliminating language concerning "all enforcement tolerances", and increasing the gross load that two consecutive sets of tandem axles may carry from thirty-four thousand pounds each to sixty-eight thousand pounds. Further, the act amended Subsec. (e) by eliminating the two per cent tolerance in the weight calculation formula and revising Subsec. (j) to provide that the driver be allowed to shift the load manually; (Revisor's note: In 1997 references in Subsecs. (g) and (h) to "Motor Vehicles Department" and "Transportation Department" were changed editorially by the Revisors to "Department of Motor Vehicles" and "Department of Transportation" for consistency with customary statutory usage); P.A. 02-70 amended Subsec. (f) by making technical changes for purposes of gender neutrality in Subdiv. (1), by rewriting Subdiv. (3) to delete requirement that court note on the record any forfeiture of bond for failure to appear for an overweight violation, to require court to transmit to Commissioner of Motor Vehicles information re convictions for overweight violations in excess of fifteen per cent of the gross weight limits, to allow commissioner to schedule a hearing review record of the registrant upon receipt of information re a third or subsequent conviction for overweight violation in a calendar year, to allow commissioner to review information and evidence presented at the hearing including, but not limited to, frequency of registrant's operations, size of fleet and culpability of shipper, to allow commissioner, after hearing, to impose a civil penalty in amount of two thousand dollars, to delete former Subparas. (A) and (B) re out-of-state owners or lessees to provide a bond in the sum of two thousand dollars and re commissioner to fine an in-state owner or lessee two thousand dollars upon a second conviction, and to delete provisions re revocation of registration and bond requirements, by deleting former Subdiv. (4) re revocation of registration upon third conviction or forfeiture of a bond for failure to appear for overweight violations re vehicles with a gross vehicle weight of less than eighteen thousand pounds, by redesignating existing Subdivs. (5) and (6) as Subdivs. (4) and (5) and by amending redesignated Subdiv. (4) to delete reference to "forfeits a bond for failure to appear" and to reduce the assessment by the court from ten thousand dollars to five thousand dollars for a fifth, instead of a fourth, overweight violation in a calendar year, and amended Subsecs. (g) and (h) to make technical changes, effective July 1, 2002; P.A. 03-190 amended Subsec. (b) to add new Subdiv. (7) increasing permissible weight of bulk milk pickup tankers to ninety-nine thousand pounds, subject to applicable federal law, and to redesignate existing Subdiv. (7) as Subdiv. (8).

      Cited. 25 CA 217. Trial under this section was not a "criminal prosecution" as term is used in sixth amendment to federal constitution. Defendant is therefore not entitled to a jury trial under the federal constitution. 41 CA 454.

      Sec. 14-267b. Weight restrictions for motor buses. Penalties. (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 section 14-1, if such motor bus complies with the weight limits specified in 23 CFR 658.17.

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

      (P.A. 99-181, S. 38, 40; P.A. 04-217, S. 28.)

      History: P.A. 99-181 effective June 23, 1999; P.A. 04-217 amended Subsec. (a) to eliminate reference to Sec. 14-1(a)(44), effective January 1, 2005.

      Sec. 14-268. Weight of vehicles and trailers restricted. Section 14-268 is repealed.

      (1949 Rev., S. 2496; 1949, S. 1376d; 1963, P.A. 488; 1967, P.A. 699; 1969, P.A. 446, S. 4; 1971, P.A. 515; P.A. 79-188, S. 9, 10.)

      Sec. 14-269. Weight of vehicles and trailers engaged in construction work. (a) The provisions of section 14-267a shall not apply to any four-wheeled motor vehicle equipped with pneumatic tires which is engaged in construction work or in supplying or transporting materials or equipment for public or private construction projects and which is operating upon a highway or bridge within twenty-five miles of such construction project.

      (b) No such motor vehicle may be operated upon any highway or bridge if its gross weight, including its load, exceeds forty thousand pounds.

      (c) The gross vehicle weight and wheel base limitations of section 14-267a shall not apply to any four-axled motor vehicle equipped with pneumatic tires which is engaged in construction work or in supplying or transporting materials or equipment for public or private construction projects, provided the Commissioner of Transportation may restrict or prohibit by signs, legal notices or direct notice the highways or bridges which may be used by such vehicles.

      (d) No such four-axled motor vehicle may be operated upon any highway or bridge if its gross weight, including its load, exceeds seventy-three thousand pounds.

      (e) Any person who violates the provisions of subsection (b) or (d) of this section shall be subject to the penalties set forth in subsection (f) of section 14-267a.

      (f) The owner of any such vehicle operated over any highway or bridge in violation of any provision of this section or of section 13a-151 shall be liable for all damages which such highway or bridge may sustain as a result of such violation, and such damages may be recovered in an action at law by the authority in charge of the maintenance of such highway or bridge.

      (g) The Commissioner of Motor Vehicles may require a special registration and may issue special and distinguishing number plates for each motor vehicle which is subject to the provisions of this section.

      (1953, S. 1377d; February, 1965, P.A. 574, S. 20; 1969, P.A. 446, S. 5; 1971, P.A. 546; P.A. 79-188, S. 7, 10; P.A. 80-71, S. 26, 30; Oct. Sp. Sess. P.A. 83-1, S. 2, 4.)

      History: 1965 act corrected obsolete statutory reference in Subsec. (c); 1969 act deleted references to combinations of motor vehicle and trailer or semitrailer, making provision applicable instead to four-wheeled vehicles with pneumatic tires and replaced various limits in Subsec. (b) with single weight limit of forty thousand pounds; 1971 act inserted new Subsecs. (c) and (d) providing exception for vehicles used in construction work and placing absolute weight limit of seventy-three thousand pounds and redesignated former Subsecs. (c) and (d) as (e) and (f); P.A. 79-188 replaced reference to repealed Sec. 14-268 with reference to Sec. 14-267a; P.A. 80-71 added reference to wheel base limitations in Subsec. (c) and replaced "four-or-more axled" vehicles with "four axled" vehicles in Subsecs. (c) and (d); Oct. Sp. Sess. P.A. 83-1 inserted new Subsec. (e) re penalty for violation of Subsec. (b) or (d), relettering former Subsec. (e) as Subsec. (f).

      Cited. 22 CS 489.

      Sec. 14-269a. Weight of refuse vehicles. Notwithstanding the provisions of section 14-267a, a motor vehicle which is owned or operated by any person, firm or corporation engaged in the business of collecting refuse and which is operated for the purpose of collecting such refuse or which is owned and operated by any town or municipality for such purpose, may be operated on any road or highway, if the axle weight on the rear axle or axles of such vehicle does not exceed the weight limits established pursuant to section 14-267a by more than seven thousand pounds and if the combined weight on the rear axles does not exceed forty-four thousand five hundred pounds. This exemption shall not apply to any such motor vehicle operated on any road or highway which is a part of the interstate highway system.

      (P.A. 86-125.)

      Sec. 14-270. Permits for nonconforming vehicles. Regulations. Penalties. (a) The Commissioner of Transportation or other authority having charge of the repair or maintenance of any highway or bridge is authorized to grant permits for transporting vehicles or combinations of vehicles or vehicles and load, or other objects not conforming to the provisions of sections 14-98, 14-262, 14-264, 14-267a and 14-269 but, in the case of motor vehicles, only the Commissioner of Transportation shall be authorized to issue such permits. Such permits shall be written, and may limit the highways or bridges which may be used, the time of such use and the maximum rate of speed at which such vehicles or objects may be operated, and may contain any other condition considered necessary by the authority granting the same, provided the Department of Transportation shall not suffer any loss of revenue granted or to be granted from any agency or department of the federal government for the federal interstate highway system or any other highway system.

      (b) Any permit issued in respect to any vehicle or combination of vehicles or vehicle and trailer on account of its excessive weight shall be limited to the gross weight shown or to be shown on the registration certificate. A permit granted under this section for a vehicle or load, greater than twelve feet, but no greater than thirteen feet six inches in width and traveling on undivided highways, shall require a single escort motor vehicle to precede such vehicle or load. No escort motor vehicle shall be required to follow such vehicle or load on such highways.

      (c) Any permit issued under this section or a legible copy or facsimile shall be retained in the possession of the operator of the vehicle or combination of vehicles or vehicle and trailer for which such permit was issued, except that a telegraphic confirmation of the existence of such permit or the use of the special number plates described in section 14-24 and any regulations adopted thereunder shall be sufficient to fulfill the requirements of this section.

      (d) (1) The owner or lessee of any vehicle may pay either a fee of twenty-three dollars for each permit issued for such vehicle under this section or a fee as described in subdivision (3) of this subsection for such vehicle, payable to the Department of Transportation. (2) An additional transmittal fee of three dollars shall be charged for each permit issued under this section and transmitted via transceiver or facsimile equipment. (3) The commissioner may issue an annual permit for any vehicle transporting (A) a divisible load, (B) an overweight or oversized-overweight indivisible load, or (C) an oversize indivisible load. The owner or lessee shall pay an annual fee of seven dollars per thousand pounds or fraction thereof for each such vehicle. A permit may be issued in any increment up to one year, provided the owner or lessee shall pay a fee of one-tenth of the annual fee for such vehicle for each month or fraction thereof. (4) The annual permit fee for any vehicle transporting an oversize indivisible load shall not be less than five hundred dollars. (5) The commissioner may issue permits for divisible loads in the aggregate not exceeding fifty-three feet in length.

      (e) The Commissioner of Transportation shall adopt regulations in accordance with chapter 54 prescribing standards for issuance of permits for vehicles with divisible or indivisible loads not conforming to the provisions of section 14-267a.

      (f) The provisions of subsection (d) of this section shall not apply to the federal government, the state, municipalities or fire departments.

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

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

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

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

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

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

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

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

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

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

      (1949 Rev., S. 2497; 1951, 1955, S. 1378d; 1957, P.A. 514; 1959, P.A. 467; 1961, P.A. 361; 1963, P.A. 420; 1969, P.A. 354, S. 5; 768, S. 150; P.A. 79-188, S. 8, 10; P.A. 80-71, S. 27, 30; Oct. Sp. Sess. P.A. 83-1, S. 3, 4; P.A. 84-516, S. 5, 7; P.A. 92-177, S. 11, 12; P.A. 94-188, S. 12; P.A. 98-196, S. 1; P.A. 99-181, S. 19, 20, 40; P.A. 00-169, S. 12; P.A. 04-143, S. 9; P.A. 05-210, S. 32.)

      History: Public acts of 1959, 1961 and 1963 each extended effective period of permits in effect April 30, 1947; 1969 acts added Subsecs. (b) to (d), deleted provisions re extensions of permits, made provisions applicable to "combinations of vehicles or vehicles and load", deleted requirement for written application, added reference to Secs. 14-98, 14-262, 14-264 and 14-265 and replaced highway commissioner and department with commissioner and department of transportation; P.A. 79-188 replaced reference to repealed Sec. 14-268 with reference to Sec. 14-267a; P.A. 80-71 inserted new Subsec. (d) re fees and relettered former Subsec. (d) as Subsec. (e); Oct. Sp. Sess. P.A. 83-1 inserted new Subsec. (e) requiring transportation commissioner to adopt regulations re standards for issuance of permits for vehicles with loads not conforming to provisions of Sec. 14-267a, relettering former Subsec. (e) as Subsec. (f); P.A. 84-516 applied penalties in Sec. 14-267a to permit violations, in Subsec. (f), where previously violators were "deemed to have no permit"; P.A. 92-177 amended (1) Subsec. (a) to add reference to Sec. 14-269 and to delete reference to Sec. 14-265, (2) Subsec. (c) to add phrase "and any regulations adopted thereunder" after Sec. 14-24, (3) Subsec. (d)(1) to increase permit fee from fifteen to twenty-three dollars and to substitute a fee as described in Subdiv. (3) for an annual fee in amount equal to thirty per cent of registration fee for such vehicle, (4) Subsec. (d)(2) to eliminate requirement that owner of out-of-state vehicle pay fifteen-dollar fee per permit and to increase additional fee from two to three dollars, designating it as an additional transmittal fee, (5) Subsec. (d) to add new Subdiv. (3), authorizing commissioner to issue annual permits for vehicles transporting various loads and requiring owner or lessee to pay annual fee for each such vehicle, and to add Subdiv. (4), requiring that annual permit fee for vehicle transporting oversize indivisible load be a minimum of five hundred dollars, (6) Subsec. (e) to delete obsolete phrase; P.A. 94-188 inserted a new Subsec. (f) re inapplicability of Subsec. (d) to federal government, the state, municipalities or fire departments, and relettered the remaining Subsec.; P.A. 98-196 amended Subsec. (g) by replacing penalties under Subsec. (f) of Sec. 14-267a with Subdivs. (1) to (4), inclusive; P.A. 99-181 amended Subsec. (g) by making provisions applicable to a person who fails to obtain a permit, by adding new Subpara. (2) re penalty for exceeding the statutory limit for weight, by adding new Subpara. (4) re penalty for exceeding width specified in permit, by adding new Subpara. (7) re requirements for permit on off loading, by changing the formula for the penalty for a person operating a vehicle on a route not specified in the vehicle's permit in Subpara. (6) (formerly (4)) and by renumbering existing Subparas. and making other technical changes and added Subsec. (h), effective June 23, 1999; P.A. 00-169 amended Subsec. (c) to allow a permit issued to be retained in the form of a "legible copy or facsimile" in the possession of the vehicle operator; P.A. 04-143 amended Subsec. (d) to add Subdiv. (5) permitting commissioner to issue permits for divisible loads in the aggregate not exceeding fifty-three feet in length; P.A. 05-210 amended Subsec. (b) by adding provision re permit granted for vehicle or load greater than twelve feet but no greater than thirteen feet six inches in width shall require a leading escort vehicle on undivided highways, but need not have a following escort vehicle, and made a technical change in Subsec. (d)(1) (Revisor's note: In Subsec. (b), a reference to "greater that" was changed editorially by the Revisors to "greater than", for accuracy).

      Cited. 22 CS 489.

      Sec. 14-270a. Portable truck weight scales. The Department of Transportation shall purchase a sufficient number of portable scales to implement a concentrated program of truck weight enforcement to comply with federal requirements in order to continue to qualify for federal highway funds. In no event shall the number of scales purchased in accordance with the provisions of this section be less than ten.

      (P.A. 78-356, S. 2, 5.)

      Sec. 14-270b. Truck weight enforcement program. The Department of Transportation shall implement a consistent program of truck weight enforcement on that portion of Route I-84 lying within the town of Danbury not later than July 1, 1978.

      (P.A. 78-356, S. 3, 5.)

      Sec. 14-270c. Official weighing areas. Staffing requirements. (a) The Commissioners of Public Safety and Motor Vehicles shall staff the official weighing areas as follows:

      (1) Greenwich: Eight work shifts in each seven-day period from Sunday through Saturday. No such shifts shall be worked consecutively, except that two shifts may be worked consecutively on not more than three days;

      (2) Danbury: Three work shifts in each seven-day period from Sunday through Saturday. The Commissioner of Public Safety shall, whenever possible, coordinate coverage between this official weighing area and the official weighing area in Greenwich in order to ensure concurrent coverage;

      (3) Union: Between five and eight work shifts in each seven-day period from Sunday through Saturday. The Commissioner of Motor Vehicles shall coordinate the hours of operation of this official weighing area; and

      (4) Portable scale locations: Ten shifts in each seven-day period from Sunday through Saturday which shall be staggered throughout the four geographical areas established by the Commissioner of Public Safety with concentration in areas that have fewer hours of operation for the permanent weighing areas.

      (b) The Commissioners of Public Safety and Motor Vehicles shall adjust the work shifts required in subsection (a) of this section on a daily basis in order to effectuate an unpredictable schedule.

      (c) The Commissioner of Public Safety may assign any remaining personnel in the traffic unit to the permanent weighing areas in Waterford and Middletown or to the portable scale operations.

      (d) The Commissioner of Public Safety shall assign personnel from the traffic unit to work between nine and twelve shifts in each seven-day period from Sunday through Saturday to patrol and enforce laws relative to the safe movement of all vehicles on the highways of the state.

      (e) Nothing in this section shall prohibit the Commissioner of Public Safety from reassigning personnel in the traffic unit as he deems necessary in order to ensure public safety.

      (P.A. 98-248, S. 1.)

      Sec. 14-270d. Temporary closing of weigh stations. The Division of State Police within the Department of Public Safety shall temporarily close any weigh station located within the state that develops a backlog of traffic entering said weigh station and therefore creates a traffic hazard.

      (P.A. 98-248, S. 3.)

      History: (Revisor's note: In codifying P.A. 98-248, the Revisors editorially changed the phrase "... and therefor creates a traffic hazard." to "... and therefore creates a traffic hazard.").

      Sec. 14-270e. Program to implement regularly scheduled and enforced hours of operation for weigh stations. On or before January 1, 2004, the Commissioner of Transportation, in consultation with the Department of Public Safety and the Department of Motor Vehicles, shall establish a program to implement regularly scheduled and enforced hours of operation for weigh stations. Not later than October 1, 2004, and annually thereafter, the commissioner shall submit a report, in accordance with section 11-4a, on the planned program to the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

      (June 30 Sp. Sess. P.A. 03-4, S. 6; P.A. 04-177, S. 10.)

      History: June 30 Sp. Sess. P.A. 03-4 effective August 20, 2003; P.A. 04-177 required that commissioner's report be submitted on October 1, 2004, rather than October 1, 2003, and that report comply with Sec. 11-4a, effective June 1, 2004.

      Sec. 14-271. Securing of loads. (a) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom in such manner or quantity as to constitute a hazard or nuisance to other users of the highway, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.

      (b) No person shall operate on any highway any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.

      (c) No person shall operate on any highway any vehicle having a gross weight of five thousand pounds or more which is designed and used exclusively for the collection and transportation of refuse and which has a separable container with an open top unless the contents of such container are secured by the use of a screen or other material having perforations of a size not greater than two square inches when such container is attached to such vehicle.

      (d) The provisions of this section shall not apply to motor vehicles registered as farm motor vehicles or vehicles used for farming purposes.

      (e) Violation of any provision of this section shall be an infraction for each offense.

      (1957, P.A. 156, S. 1; February, 1965, P.A. 513; P.A. 75-577, S. 105, 126; P.A. 85-218.)

      History: 1965 act added hazard or nuisance qualification to Subsec. (a); P.A. 75-577 replaced provision for one hundred dollar maximum fine with statement that violation is an infraction in Subsec. (d); P.A. 85-218 inserted new Subsec. (c) requiring the securing of containers attached to refuse collection vehicles and relettered remaining Subsecs. accordingly.

      See chapter 881b re infractions of the law.

      Sec. 14-271a. Limits for weakening of vehicle frames. Regulations. The Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54, specifying limits for weakening of vehicle frames or equivalent structures, including weakening through loading, damage or corrosion or any combination thereof.

      (P.A. 99-268, S. 6; P.A. 00-169, S. 22.)

      History: P.A. 00-169 revised effective date of P.A. 99-268 but without affecting this section.

      Sec. 14-272. Projecting loads. Carrying of animals. Section 14-272 is repealed.

      (1949 Rev., S. 2512; February, 1965, P.A. 448, S. 34; 1967, P.A. 834, S. 30.)

      See Sec. 14-96k.

      Sec. 14-272a. Carrying of children in pickup trucks or open-bed vehicles. Restrictions. (a) No person may operate on any public highway any truck type motor vehicle with a gross vehicle weight rating not exceeding seventy-five hundred pounds having an open rear section or any motor vehicle having an open bed when a child under the age of sixteen years is in such open rear section or open bed unless such child wears a properly adjusted and fastened safety belt which conforms to the provisions of the Code of Federal Regulations Title 49, Section 571.209, as amended from time to time. The provisions of this subsection shall not apply to any person who operates such a vehicle (1) in a parade authorized by the municipality or municipalities in which such parade is conducted, (2) used for farming purposes or registered pursuant to subsection (q) of section 14-49 or (3) in a recreational hayride conducted between the months of August and December.

      (b) Violation of any provision of subsection (a) of this section shall be an infraction.

      (P.A. 93-116.)

      Sec. 14-272b. Transport of dogs in pick-up trucks. Restrictions. No person operating a pick-up truck, as defined in section 14-1, on a public highway of this state shall transport a dog in the open rearward compartment of the pick-up truck unless the dog is secured in a cage or other container or otherwise protected or secured in such a manner as to prevent the dog from being thrown or falling or jumping from the pick-up truck.

      (P.A. 05-218, S. 18.)

      Sec. 14-273. Operation of motor vehicles requiring a passenger endorsement or passenger and school endorsement. (a) No person operating a motor vehicle for which a passenger endorsement or passenger and school endorsement is required shall carry any person upon the running board, mudguard, hood, roof or any exterior portion of such vehicle. No motor bus shall carry more passengers than the seating capacity thereof, except that, upon application to the Department of Transportation, said department may, after examination of such motor bus, issue to the owner thereof a license to carry such number of passengers in excess of the seating capacity of such bus as said department deems reasonable, which license may be issued upon such conditions and for such additional fee, payable to the Commissioner of Motor Vehicles, as said department prescribes. Any such license issued by the Division of Public Utility Control within the Department of Business Regulation prior to October 1, 1979, shall remain valid as long as the licensee meets the conditions prescribed by the Department of Transportation. The total number of persons carried at any time by any motor vehicle for which a passenger endorsement or passenger and school endorsement is required, other than a motor bus, shall not exceed the number specified in the certificate of registration. No motor vehicle used for the transportation of school children shall carry any number of passengers in excess of the seating capacity specified by the manufacturer of such vehicle. No motor vehicle used for the transportation of school children shall be equipped with a longitudinal center seat. The commissioner may suspend the registration of any such motor vehicle for a violation of any provision of this section until such time as the requirements hereof have been complied with.

      (b) Any person who violates any provision of subsection (a) of this section shall be deemed to have committed an infraction.

      (1949 Rev., S. 2423; 1955, S. 1318d; 1957, P.A. 264, S. 1; P.A. 75-486, 43, 69; P.A. 77-614, S. 162, 610; P.A. 79-610, S. 6; P.A. 80-25, S. 1; P.A. 82-223, S. 18; P.A. 83-577, S. 23; P.A. 86-85, S. 2, 3; P.A. 90-263, S. 26, 74; P.A. 93-341, S. 23, 38; P.A. 94-189, S. 18, 34.)

      History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 79-610 replaced division of public utility control with department of transportation and deleted reference to disbanded department of business regulation; P.A. 80-25 added provision in Subsec. (a) validating licenses issued by division of public utility control; P.A. 82-223 amended Subsec. (c) by specifying that violation of Subsec. (a) constituted an infraction and changing the fine from not less than five nor more than twenty-five dollars to twenty-five dollars; P.A. 83-577 amended Subsec. (c) by increasing the fine from twenty-five to thirty-five dollars; P.A. 86-85 eliminated seventy-two person limit on seating capacity for school buses and prohibited the carrying of passengers in excess of manufacturer's specifications; P.A. 90-263 amended Subsec. (a) to substitute "person operating a motor vehicle for which a public passenger transportation permit is required" for public service motor vehicle and to add "roof or any exterior portion of such vehicle" after "hood", deleted provisions of Subsec. (b) re public service motor vehicles in entirety, relettering remaining Subsec. as (b) and amended Subsec. (b), formerly (c), to delete fine of thirty-five dollars for each offense; P.A. 93-341 amended Subsec. (a) by replacing reference to public passenger transportation permits with reference to passenger endorsement or passenger and school endorsement, effective July 1, 1994; P.A. 94-189 amended Subsec. (a) by deleting the reference to "public passenger transportation permit" and inserting "passenger endorsement or passenger and school endorsement" in lieu thereof, effective July 1, 1994.

      See Sec. 14-250 re required stopping at railroad crossing.

      Sec. 14-274. Hours of operators of motor vehicles with commercial registration or requiring a passenger endorsement or a passenger and school endorsement. (a) No person shall operate, nor shall the owner require or permit any person to operate, any motor vehicle with a commercial registration or a motor vehicle for which a passenger endorsement or passenger and school endorsement is required on the highways of this state, when such operator has been continuously on duty for more than twelve hours, and, after a driver has been continuously on duty for twelve hours, he shall not operate, nor shall the owner require or permit him to operate, any such motor vehicle on the highways of this state until he has had at least eight consecutive hours off duty.

      (b) No person shall operate, nor shall the owner require or permit any person to operate, any motor vehicle with a commercial registration or a motor vehicle for which a passenger endorsement or passenger and school endorsement is required on the highways of this state, when such operator has been on duty more than sixteen hours in the aggregate in any twenty-four-hour period, and, when an operator has been on duty sixteen hours in any twenty-four-hour period, he shall not operate, nor shall the owner require or permit him to operate, a motor vehicle with a commercial registration or a motor vehicle for which a passenger endorsement or passenger and school endorsement is required on the highways of this state, until he has had at least ten consecutive hours off duty. The periods of release from duty herein required shall be