AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF MOTOR VEHICLES.

AN ACT MAKING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF MOTOR VEHICLES.

A section-by-section fiscal impact analysis is presented in conjunction with the bill summary.

1. requires all commercial motor vehicles to be registered based exclusively on gross vehicle weight rating as of July 1, 2009;

2. permits grandparents to consent to a minor getting a learner's permit and driver's license under certain conditions;

3. allows the Department of Motor Vehicles (DMV) to treat dishonored or declined credit transactions the same way it treats bad checks;

4. makes someone under age 18 driving without a license ineligible to be issued a license for at least one year;

5. eliminates the requirement that DMV begin vision screening on July 1, 2009 for license renewal applicants;

6. permits the DMV commissioner to refuse to register vehicles that are unsafe for highway use and makes a related change;

7. reduces the threshold for motor vehicle dealers participating in the DMV on-line registration program;

8. doubles the time someone has to get a vehicle repaired and re-inspected after a failed emissions inspection;

9. establishes a fee for late renewal of a motor vehicle manufacturer's license and prohibits renewal 45 days after expiration;

10. makes motor vehicle recycling business licenses biennial rather than annual;

11. prohibits a motor carrier operating with a suspended or revoked registration;

12. requires dealers and repairers to return dealer and repairer plates immediately when their license is no longer valid;

13. permits operation of golf carts on certain local roads subject to restrictions;

14. permits antique, rare, or special interest motor vehicles that have been modified to qualify for the same license plate these vehicles can get if unmodified;

15. modifies the requirements for antique, rare, or special interest vehicles to qualify for the $ 500 local property tax assessment cap;

16. changes several requirements for wrecker operators and composite motor vehicles;

17. allows commercial motor vehicles to get a weight tolerance for qualifying auxiliary power units;

18. establishes a procedure for garages to dispose of motorized personal property they remove at the request of police;

19. makes numerous minor changes in several motor vehicle laws; and

20. makes technical changes (§§ 1, 8, and 24).

The bill adds grandparents to the list of people who may provide “parental consent” for a 16- or 17-year old to obtain a learner's permit and driver's license if the applicant's adult spouse, parent, foster parent, or guardian, is deceased, incapable, outside the state, or otherwise unavailable to provide the consent.

Allowing the Department of Motor Vehicles to charge a fee for dishonored debit and credit card payments will result in a minimal revenue gain that will depend on the number of dishonored payments the agency receives.

This section permits the DMV commissioner to charge a fee for a credit or debit card payment of DMV fees that is rejected or dishonored in the same way he treats returned or dishonored checks. He now charges $ 35 for fees up to $ 200, plus 15% of amounts that exceed $ 200 and any protest fees and charges to cover collection costs.

The bill provides explicit authority for the DMV commissioner to suspend the operating privilege of a nonresident for the same violations for which the law currently requires him to suspend the driver's license of a Connecticut resident.

The bill makes it explicit that if anyone under age 18 violates a law that requires a suspension of a driver's license, and the person has not yet received a license (for example, if he or she only holds a learner's permit), then the DMV commissioner may suspend the privilege to obtain a license instead.

§§ 6&7 – Administrative Per Se Suspension Program Transmission of Police Arrest Records to DMV Technical Change

The bill permits police reports the law requires to be sent to DMV under the administrative per se license suspension requirements for driving while under the influence of alcohol or drugs (DWI) to be transmitted electronically as an alternative to mailing a hard copy. It also requires the police report to contain the arresting officer's certification that he or she had probable cause to arrest the person for DWI. The commissioner may accept such electronic submissions, including electronic signatures, subject to security procedures the commissioner specifies and in accordance with state law applicable to transmission of electronic records. The bill specifies that, in any administrative license suspension hearing, submission of the record electronically may not be grounds to object to the admissibility of the police report.

The bill also makes a technical change in the law governing participation in the DMV substance abuse treatment program for DWI offenders.

EFFECTIVE DATE: July 1, 2009 for electronic transmission of police records; upon passage for the technical change

By law, a driver's license applicant must complete an eight-hour safe driving practices training course before being issued a Connecticut driver's license unless he or she previously held a Connecticut driver's license or holds a valid license from another state, territory, or possession of the United States. The bill (1) adds someone who holds a valid license from any foreign country with which the commissioner has an agreement for reciprocal recognition of driver training requirements to the exceptions and (2) authorizes the commissioner to adopt regulations establishing standards for DMV-licensed commercial driving schools to offer and conduct the required course.

§ 10 – Suspension of Eligibility to Obtain a Driver's License if Under Age 18 and Driving Without a License

Under the bill, anyone under age 18 convicted of driving without having obtained a license is ineligible to receive a license for at least one year from the date of the conviction.

Repealing the requirement that DMV screen the vision of every licensed driver is expected to result in a savings to the Transportation Fund of approximately $ 2. 2 million in each year of the biennium and thereafter.

This section eliminates the requirement that, beginning July 1, 2009, the motor vehicle commissioner conduct a vision screening for drivers' license renewal applicants on every other license renewal. By law, in lieu of the DMV screening, an applicant may submit the results of a vision screening performed by a qualified licensed health care professional if it was conducted within the 12 months preceding renewal.

The bill permits a student transportation vehicle, activity vehicle, and camp vehicle to be driven by anyone who holds a valid driver's license for purposes of road testing or moving the vehicle without the driver needing the appropriate license endorsement that would otherwise be required to drive such a vehicle. This exception already exists in the case of school buses.

By law, the DMV commissioner may refuse to register or issue a title for any motor vehicle or class of vehicles if he determines its characteristics make it unsafe for highway operation. The bill authorizes the commissioner to adopt implementing regulations.

Currently, the commissioner must provide an opportunity for any driver's license or non-driver identification card applicant to complete an organ donation card. The bill replaces the donor card process with an opportunity to register as an organ or tissue donor in the donor registry established by state law. If someone chooses to be included in the donor registry, the bill requires the designation to be imprinted on the license or identity card.

§ 15 – Correction to Provision Regarding Speeding by Someone Under Age 18

The bill makes a minor change to the speeding law to make it consistent with other laws that establish special penalties for anyone under age 18 who exceeds a posted speed limit by more than 20 miles per hour, instead of 20 miles per hour or more.

Requiring registration of certain vehicles based on the manufacturer's specified value instead of the owner/operator's “declared” gross vehicle weight will result in a revenue impact to the Transportation Fund. The direction (gain or loss) and magnitude of the fiscal impact cannot be determined at this time.

The bill requires a commercial vehicle to be registered based solely on its gross vehicle weight rating (GVWR). A vehicle's GVWR is the value specified by the manufacturer as the maximum loaded weight. Currently, a commercial vehicle owner can register the vehicle at either the GVWR or at a “declared” gross weight which may be less than the GVWR. This would typically be done if the vehicle owner customarily carries loads that are high volume, but low weight. Under the bill, all such vehicles would have to be registered only at the GVWR.

The bill does not require the commissioner to adjust or modify the fee for any registration renewal that occurs before July 1, 2009.

The bill also makes some conforming changes to the laws governing brake equipment on trailers.

EFFECTIVE DATE: July 1, 2009, except the repeal of the definition of gross weight is effective January 1, 2010.

The bill reduces from 25 to 10 the number of monthly transactions a motor vehicle dealer must have in order to qualify for participation in DMV's on-line registration program.

The bill increases, from 30 to 60 days the period someone whose vehicle has failed an emissions inspection has to get the vehicle repaired and re-inspected.

The new late fee will result in a revenue gain to the Transportation Fund that is anticipated to be less than $ 10,000.

The bill (1) establishes a $ 250 late fee for a motor vehicle manufacturer who fails to renew its license on time and (2) prohibits the commissioner from renewing a license if more than 45 days, have passed since it expired.

The bill makes licenses for operating a motor vehicle recycling business valid for two years instead of one and correspondingly increases the renewal fee from $ 350 to $ 700.

The bill makes numerous, mostly technical, changes to laws governing motor carrier operations to make them consistent with federal requirements and regulations on motor carrier safety. In particular, the bill makes the Connecticut law on maximum hours of on-duty service consistent with federal regulations and a recent change concerning drivers of utility service vehicles.

Section 25 makes it a violation of state law for any motor carrier to operate any motor vehicle on the highways of this state, or knowingly permit such operation of any motor vehicle, the registration of which has been suspended or revoked. Section 25 makes this violation punishable by a fine of $ 500 - $ 1,000 and/or imprisonment for up to 90 days for a first offense, and a fine of $ 1,000 - $ 2,000 and/or imprisonment for up to 1 year for any subsequent offense.

To the extent that offenders are prosecuted criminally and subsequently convicted or plead guilty, the state could incur a cost associated with incarceration and/or probation supervision in the community. On average, it costs the state $ 3,736 to supervise an offender on probation in the community as compared to $ 44,165 to incarcerate the offender.

The bill prohibits a motor carrier from operating or knowingly permitting operation of any motor vehicle that has a registration that has been suspended or revoked by the commissioner or by any federal agency acting pursuant to federal law. For a first offense, the bill prescribes a fine of $ 500 to $ 1,000, imprisonment for up to 90 days, or both. The penalty for any subsequent violation is a fine of $ 1,000 to $ 2,000, imprisonment for up to one year, or both.

§ 26 – Surrender of Dealer or Repairer Plates When Licensee Loses License or Goes Out of Business

Section 26 makes it a violation of state law (designated as a class “A” misdemeanor which is punishable by a fine of up to $ 2,000 and/or imprisonment for up to 1 year) for any person who fails to return or surrender any general distinguishing number plate that is rendered void in accordance with CGS 14-58(d).

The bill requires a dealer or repairer who no longer holds a valid DMV license due to its (1) failure to renew the license, (2) surrender of the license, or (3) revocation by the commissioner to account for and immediately return all general distinguishing number plates (dealer or repairer plates) to a DMV inspector or other authorized DMV agent or employee. It requires all such plates to become void as of the date of license termination and prohibits using them to operate any motor vehicle.

Anyone who fails to return or surrender the plates or who, with knowledge that the plate is void, uses it to operate a vehicle commits a class A misdemeanor (up to a $ 1,000 fine, up to one year imprisonment, or both).

The bill requires the Office of Policy and Management secretary to distribute quarterly to the Connecticut Nurses Foundation funds in the account created for the special “Nursing” license plate. The plates were authorized in 2008 to express support for the nursing profession, raise awareness of the nursing shortage, and provide scholarships for nursing education and training.

Current law requires the commissioner to publish a list of those with a class B license whose license or registration has been suspended. DMV currently maintains a system that provides companies electronic access to the list of people with suspended public service licenses that is updated periodically. The current provision is obsolete and the bill removes it.

The bill authorizes any local traffic authority to permit the operation of golf carts, during daylight hours, on any road under its jurisdiction. A golf cart must be equipped with an operable horn meeting the requirements of state law and a flag positioned to assist other drivers to see the golf cart. The traffic authority must limit their operation to roads with a posted speed limit of 25 miles per hour or less. The operator of such a golf cart must carry a valid Connecticut driver's license when operating the cart. The bill authorizes the DMV commissioner to establish insurance requirements for golf carts by regulation.

By law, the DMV commissioner may issue special number plates to “antique, rare, or special interest motor vehicles. ” These vehicles are defined as vehicles that are 20 years old or older and are being preserved because of historic interest and which have not been altered or modified from the original manufacturer's specifications.

The bill permits the commissioner to also issue these plates to antique, rare, or special interest vehicles that have been modified. The law defines a “modified antique motor vehicle” as a vehicle that is 20 years old or older and has been modified for safe road use, including, but not limited to, modifications to the drive train, suspension, braking system, and safety and comfort apparatus.

§ 31 – Property Tax Assessment Cap for Antique, Rare or Special Interest Motor Vehicles

Current law requires the assessed value of an antique, rare, or special interest motor vehicle for municipal property tax purposes to be capped at a maximum of $ 500. Under the bill, the local tax assessor may require the owner of such a vehicle to provide reasonable documentation that the vehicle is an antique, rare, or special interest motor vehicle as defined in the law. However, if the vehicle has been issued the special license plate for such vehicles, the owner cannot be required to provide the additional documentation.

Currently, only a DMV- licensed motor vehicle dealer or repairer may engage in the business of operating a wrecker for the purpose of (1) towing or transporting for compensation motor vehicles that are disabled, inoperative, or wrecked or are being moved pursuant to law governing abandoned vehicles, (2) vehicles that are a hazard to traffic, or (3) vehicles that are parked illegally. Wreckers must display a wrecker plate and must meet several equipment requirements.

The bill eliminates the specification that wreckers must be towing for compensation and allows them to tow any motor vehicles, specifically including those noted above. The bill also modifies two of the lighting requirements for wreckers. Currently, a wrecker must have two yellow flashing lights mounted to show in all directions at all times, indicate the full width of the vehicle, and be at least eight feet above the road surface. A wrecker must also have a spotlight mounted so that the light beam can be shown in all directions. The bill, instead, requires the wrecker to have (1) a light bar containing flashing yellow lights installed on the highest part of the wrecker and visible at all times and (2) a spotlight with a light beam that is directed toward the hoisting equipment in the rear of the vehicle.

The bill requires, for purposes of registration and mandatory mechanical inspections required by law, that the model year of a composite motor vehicle be determined as the model year that the body of the vehicle most closely resembles. The law defines a “composite motor vehicle” as one composed or assembled from several parts of other motor vehicles, or the identification and body contours of which are so altered that the vehicle no longer bears the characteristics of any specific make of motor vehicle. Any vehicle not assembled by a DMV-licensed manufacturer is considered a composite motor vehicle.

The bill authorizes the commissioner to require inspection of any other motor vehicle than has not been made by a DMV-licensed motor vehicle manufacturer.

The bill permits the owner of a commercial motor vehicle with an auxiliary power unit to apply to the DMV commissioner for a weight tolerance exemption from state gross, axle, tandem, and bridge formula weight limits. The exemption allows operation of the vehicle with a tolerance for the actual weight of the auxiliary power unit, up to a maximum of 400 pounds. The bill defines an “auxiliary power unit” as an integrated system on a diesel-powered commercial motor vehicle that provides, in addition to the vehicle's engine, heat, air conditioning, engine warming, electronic components, or power to do the work for the which the vehicle is designed and that is certified by the U. S. Environmental Protection Agency as meeting its emissions standards.

The application for the weight tolerance must contain information the commissioner requires including certification (1) of the unit's weight and (2) that it is fully functional at all times. If the commissioner is satisfied by the application, he must issue a certification of approval. The certificate must be carried on the vehicle and presented to anyone authorized to see it.

The bill exempts the assigned drivers in a Safe Ride program sponsored by the American Red Cross, the Boy Scouts of America, or another national public service organization from the passenger restrictions for drivers under age 18 during their first year of licensure. Currently, they are only exempt from the 11: 00 p. m. to 5: 00 a. m. driving curfew.

The bill establishes a procedure for wreckers who tow or remove motorized personal property at the direction of a police officer to dispose of the property after certain requirements are met. It defines “motorized personal property” to include mini-motorcycles (“pocket bikes”), dirt bikes, snowmobiles, or other types of motorized personal property.

It requires the licensed wrecker who removes the property for the police officer to store it in a suitable place. The wrecker operator or licensee that owns the wrecker must give written notice by certified mail to the owner of the property within 48 hours of the removal, if the owner's address is known. The notice must specify that the property has been taken and where it is being stored. The entity that removed the property has a lien upon it for removal and storage charges. If the owner of the property does not claim it within 30 days, the tower may sell or dispose of it.

A first violation of these requirements is designated as an infraction with a fine of $ 35 to $ 50. The penalty for subsequent violations is a $ 50 to $ 100 fine, imprisonment for up to 30 days, or both.

The bill repeals the requirement that DMV study issues relating to driver use of electronic equipment installed in motor vehicles that is unrelated to vehicle operation. This requirement included devices such as word processors, computer video monitors, devices that provide Internet access, and any other equipment of a similar nature. DMV was required to submit its findings and recommendations to the Transportation Committee by February 1, 2008.

The bill repeals the law requiring the DMV commissioner to adopt regulations that (1) establish safety and performance standards for high-mileage motor vehicles and (2) require necessary safety equipment. High-mileage motor vehicles are vehicles with: (1) at least three wheels in contact with the ground; (2) a completely enclosed seat where the driver sits; (3) a single or two-cylinder gasoline or diesel engine, or an electric engine; and (4) efficient fuel consumption.

The Senate referred the bill (File 382) to the Public Safety and Security Committee on April 9. The committee reported it favorably on April 14. It was then referred to the Planning and Development Committee on April 22. The committee favorably reported a substitute bill on April 27, making the provision authorizing operation of golf carts (§ 29) effective upon passage instead of on October 1, 2009.

Agency Affected	Fund-Effect	FY 10 $	FY 11 $
Department of Motor Vehicles	TF - See Below	See Below	See Below

Agency Affected	Fund-Effect	FY 10 $	FY 11 $
Department of Motor Vehicles	TF – Revenue Gain	Minimal	Minimal

Agency Affected	Fund-Effect	FY 10 $	FY 11 $
Department of Motor Vehicles	TF – Savings	2. 2 million	2. 2 million

Agency Affected	Fund-Effect	FY 10 $	FY 11 $
Department of Motor Vehicles	TF – Revenue Impact	Indeterminate	Indeterminate

Agency Affected	Fund-Effect	FY 10 $	FY 11 $
Department of Motor Vehicles	TF – Revenue Gain	Minimal	Minimal

Agency Affected	Fund-Effect	FY 10 $	FY 11 $
Judicial Dpt (Probation); Correction, Dept.	GF - Cost	Potential	Potential
Judicial Dept.	GF - Revenue Gain	Potential	Potential

Agency Affected	Fund-Effect	FY 10 $	FY 11 $
Judicial Dpt (Probation); Correction, Dept.	GF - Cost	Potential	Potential
Judicial Dept.	GF - Revenue Gain	Potential	Potential