House Bill No. 5256
House Bill No. 5256
PUBLIC ACT NO. 97-1
AN ACT CONCERNING THE ISSUANCE OF MOTOR VEHICLE
LEARNERS' PERMITS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 14-36 of the general
statutes, as amended by section 2 of public act
95-181, section 35 of public act 96-244 and
section 1 of public act 96-248, is repealed and
the following is substituted in lieu thereof:
(a) Except as otherwise provided by this
section and section 14-40a, no person shall
operate a motor vehicle on any public highway of
this state or private road on which a speed limit
has been established in accordance with subsection
(a) of section 14-218a until he has obtained a
motor vehicle operator's license.
[(b) (1) On or after January 1, 1997, a
person who is sixteen or seventeen years of age
and who has not had a motor vehicle operator's
license or right to operate a motor vehicle in
this state or in any other state or jurisdiction
suspended or revoked may apply to the commissioner
for a learner's permit. The commissioner may issue
a learner's permit to an applicant after the
applicant has paid the examination fee required by
subsection (b) of section 14-50 and has passed all
parts of the examination, other than the
on-the-road skills test, for a motor vehicle
operator's license as required by subsection (d)
of this section. The learner's permit shall
entitle the applicant, while he has the permit in
his immediate possession, to operate a motor
vehicle on the public highways for a period of not
less than one hundred eighty days, except that it
shall not entitle the applicant to operate a motor
vehicle on a multiple-lane limited access highway
until ninety days after the date of issuance;
provided he is under the instruction of, and
accompanied by, a person twenty years of age or
older who has been licensed to operate, for at
least four years preceding the instruction, a
motor vehicle of the same class as the motor
vehicle being operated and who has not had his
motor vehicle operator's license suspended by the
commissioner during the four-year period preceding
the instruction. No person may cause or permit the
operation of a motor vehicle by a person under
sixteen years of age.]
(b) (1) A PERSON EIGHTEEN YEARS OF AGE OR
OLDER MAY OPERATE A MOTOR VEHICLE WITHOUT A MOTOR
VEHICLE OPERATOR'S LICENSE IF (A) HE HAS NOT HAD A
CONNECTICUT MOTOR VEHICLE OPERATOR'S LICENSE
SUSPENDED OR REVOKED AND (B) HE IS UNDER THE
INSTRUCTION OF, AND ACCOMPANIED BY, A PERSON WHO
HOLDS AN INSTRUCTOR'S LICENSE ISSUED UNDER THE
PROVISIONS OF SECTION 14-73 OR A PERSON TWENTY
YEARS OF AGE OR OLDER WHO HAS BEEN LICENSED TO
OPERATE, FOR AT LEAST FOUR YEARS PRECEDING THE
INSTRUCTION, A MOTOR VEHICLE OF THE SAME CLASS AS
THE MOTOR VEHICLE BEING OPERATED AND WHO HAS NOT
HAD HIS MOTOR VEHICLE OPERATOR'S LICENSE SUSPENDED
BY THE COMMISSIONER DURING THE FOUR-YEAR PERIOD
PRECEDING THE INSTRUCTION. (2) A person holding a
valid out-of-state motor vehicle operator's
license may operate a motor vehicle for a period
of thirty days following his establishment of
residence in Connecticut, if the motor vehicle is
of the same class as that for which his
out-of-state motor vehicle operator's license was
issued. (3) NO PERSON MAY CAUSE OR PERMIT THE
OPERATION OF A MOTOR VEHICLE BY A PERSON UNDER
SIXTEEN YEARS OF AGE.
[(c) (1) No motor vehicle operator's license
shall be issued until (A) the applicant signs and
files with the commissioner an application under
oath, except that renewals from the year
immediately preceding need not be under oath,
stating such information as the commissioner
requires, and (B) the commissioner is satisfied
that the applicant is sixteen years of age or
older and is a suitable person to receive the
license. (2) An applicant for a new motor vehicle
operator's license shall, in the discretion of the
commissioner, file, with the application, a copy
of his birth certificate or other prima facie
evidence of his date of birth and evidence of
identity.]
(c) (1) ON OR AFTER JANUARY 1, 1997, A PERSON
WHO IS SIXTEEN OR SEVENTEEN YEARS OF AGE AND WHO
HAS NOT HAD A MOTOR VEHICLE OPERATOR'S LICENSE OR
RIGHT TO OPERATE A MOTOR VEHICLE IN THIS STATE
SUSPENDED OR REVOKED MAY APPLY TO THE COMMISSIONER
OF MOTOR VEHICLES FOR A LEARNER'S PERMIT. THE
COMMISSIONER MAY ISSUE A LEARNER'S PERMIT TO AN
APPLICANT AFTER THE APPLICANT HAS PASSED A VISION
SCREENING AND TEST AS TO KNOWLEDGE OF THE LAWS
CONCERNING MOTOR VEHICLES AND THE RULES OF THE
ROAD, HAS PAID THE FEE REQUIRED BY SUBSECTION (v)
OF SECTION 14-49, AS AMENDED BY SECTION 2 OF
PUBLIC ACT 96-248, AND HAS FILED A CERTIFICATE, IN
SUCH FORM AS THE COMMISSIONER PRESCRIBES,
REQUESTING OR CONSENTING TO THE ISSUANCE OF THE
LEARNER'S PERMIT AND THE MOTOR VEHICLE OPERATOR'S
LICENSE, SIGNED BY (A) ONE OR BOTH PARENTS OR
FOSTER PARENTS OF THE APPLICANT, AS THE
COMMISSIONER REQUIRES, (B) THE LEGAL GUARDIAN OF
THE APPLICANT, (C) THE APPLICANT'S SPOUSE, IF THE
SPOUSE IS EIGHTEEN YEARS OF AGE OR OLDER, OR (D)
IF THE APPLICANT HAS NO QUALIFIED SPOUSE AND HIS
PARENT OR FOSTER PARENT OR LEGAL GUARDIAN IS
DECEASED, INCAPABLE, DOMICILED WITHOUT THE STATE
OR OTHERWISE UNAVAILABLE OR UNABLE TO SIGN OR FILE
THE CERTIFICATE, THE APPLICANT'S STEPPARENT, OR
UNCLE OR AUNT BY BLOOD OR MARRIAGE, PROVIDED SUCH
PERSON IS EIGHTEEN YEARS OF AGE OR OLDER. THE
COMMISSIONER MAY, FOR THE MORE EFFICIENT
ADMINISTRATION OF HIS DUTIES, APPOINT ANY DRIVERS'
SCHOOL LICENSED IN ACCORDANCE WITH THE PROVISIONS
OF SECTION 14-69 OR ANY SECONDARY SCHOOL PROVIDING
INSTRUCTION IN MOTOR VEHICLE OPERATION AND HIGHWAY
SAFETY IN ACCORDANCE WITH SECTION 14-36e TO ISSUE
A LEARNER'S PERMIT, SUBJECT TO SUCH STANDARDS AND
REQUIREMENTS AS THE COMMISSIONER MAY PRESCRIBE IN
REGULATIONS ADOPTED IN ACCORDANCE WITH CHAPTER 54.
EACH LEARNER'S PERMIT SHALL EXPIRE ON THE DATE THE
HOLDER OF THE PERMIT IS ISSUED A MOTOR VEHICLE
OPERATOR'S LICENSE OR ON THE DATE THE HOLDER
ATTAINS THE AGE OF EIGHTEEN YEARS, WHICHEVER IS
EARLIER. (2) THE LEARNER'S PERMIT SHALL ENTITLE
THE HOLDER, WHILE HE HAS THE PERMIT IN HIS
IMMEDIATE POSSESSION, TO OPERATE A MOTOR VEHICLE
ON THE PUBLIC HIGHWAYS, EXCEPT AS PROVIDED IN THIS
SUBDIVISION, PROVIDED HE IS UNDER THE INSTRUCTION
OF, AND ACCOMPANIED BY, A PERSON WHO HOLDS AN
INSTRUCTOR'S LICENSE ISSUED UNDER THE PROVISIONS
OF SECTION 14-73 OR A PERSON TWENTY YEARS OF AGE
OR OLDER WHO HAS BEEN LICENSED TO OPERATE, FOR AT
LEAST FOUR YEARS PRECEDING THE INSTRUCTION, A
MOTOR VEHICLE OF THE SAME CLASS AS THE MOTOR
VEHICLE BEING OPERATED AND WHO HAS NOT HAD HIS
MOTOR VEHICLE OPERATOR'S LICENSE SUSPENDED BY THE
COMMISSIONER DURING THE FOUR-YEAR PERIOD PRECEDING
THE INSTRUCTION. THE LEARNER'S PERMIT SHALL NOT
ENTITLE THE HOLDER TO OPERATE A MOTOR VEHICLE ON A
MULTIPLE-LANE LIMITED ACCESS HIGHWAY UNTIL SIXTY
DAYS AFTER THE DATE OF ISSUANCE. (3) THE
COMMISSIONER MAY REVOKE ANY LEARNER'S PERMIT USED
IN VIOLATION OF THE LIMITATIONS IMPOSED BY
SUBDIVISION (2) OF THIS SUBSECTION.
[(d) (1) No motor vehicle operator's license
shall be issued to any person between sixteen and
eighteen years of age unless a certificate, in
such form as the commissioner prescribes,
requesting or consenting to the issuance of the
license has been signed and filed with the
commissioner by (A) one or both parents or foster
parents of the applicant, as the commissioner
requires, (B) the legal guardian of the applicant,
(C) the applicant's spouse, if the spouse is
eighteen years of age or older, or (D) if the
applicant has no qualified spouse and his parent
or foster parent or legal guardian is deceased,
incapable, domiciled without the state or
otherwise unavailable or unable to sign or file
the certificate, the applicant's stepparent, or
uncle or aunt, by blood or marriage, provided such
person is eighteen years of age or older. (2) No
motor vehicle operator's license shall be issued
to any person between sixteen and eighteen years
of age unless the]
(d) (1) NO MOTOR VEHICLE OPERATOR'S LICENSE
SHALL BE ISSUED TO ANY APPLICANT WHO IS SIXTEEN OR
SEVENTEEN YEARS OF AGE UNLESS THE APPLICANT HAS
HELD A LEARNER'S PERMIT AND HAS SATISFIED THE
REQUIREMENTS SPECIFIED IN THIS SUBSECTION. THE
applicant SHALL (A) [presents] PRESENT to the
commissioner a certificate of the successful
completion in a public secondary school, a state
vocational school or a private secondary school of
a full course of study in motor vehicle operation
prepared as provided in section 14-36e or of
training of similar nature provided by a licensed
drivers' school approved by the commissioner,
including, in each case, successful completion of
not less than eight clock hours of
behind-the-wheel, on-the-road instruction; (B)
[presents] PRESENT to the commissioner a
certificate of the successful completion of a
course of not less than five hours relative to
safe driving practices, including a minimum of two
hours on the nature and the medical, biological
and physiological effects of alcohol and drugs and
their impact on the operator of a motor vehicle,
the dangers associated with the operation of a
motor vehicle after the consumption of alcohol or
drugs by the operator, the problems of alcohol and
drug abuse and the penalties for alcohol and
drug-related motor vehicle violations; and (C)
[passes] PASS an EXAMINATION WHICH SHALL INCLUDE A
COMPREHENSIVE TEST AS TO KNOWLEDGE OF THE LAWS
CONCERNING MOTOR VEHICLES AND THE RULES OF THE
ROAD AND AN on-the-road skills test as prescribed
by the commissioner. [after he has obtained a
learner's permit.] AT THE TIME OF APPLICATION AND
EXAMINATION FOR A MOTOR VEHICLE OPERATOR'S
LICENSE, AN APPLICANT SIXTEEN OR SEVENTEEN YEARS
OF AGE SHALL HAVE HELD A LEARNER'S PERMIT FOR NOT
LESS THAN ONE HUNDRED EIGHTY DAYS, EXCEPT THAT AN
APPLICANT WHO PRESENTS A CERTIFICATE UNDER
SUBPARAGRAPH (A) OF THIS SUBDIVISION SHALL HAVE
HELD A LEARNER'S PERMIT FOR NOT LESS THAN ONE
HUNDRED TWENTY DAYS AND AN APPLICANT WHO IS
UNDERGOING TRAINING AND INSTRUCTION BY THE
HANDICAPPED DRIVER TRAINING UNIT IN ACCORDANCE
WITH THE PROVISIONS OF SECTION 14-11b SHALL HAVE
HELD SUCH PERMIT FOR THE PERIOD OF TIME REQUIRED
BY SAID UNIT. The Commissioner of Motor Vehicles
shall approve the content of the safe driving
instruction at drivers' schools, high schools and
other secondary schools. Such five hours of
instruction may be included as part of or in
addition to any existing instruction programs. Any
fee charged for the course required under
subparagraph (B) of this subdivision shall not
exceed twenty-five dollars. THE COMMISSIONER MAY
WAIVE ANY REQUIREMENT IN THIS SUBDIVISION, EXCEPT
FOR THAT IN SUBPARAGRAPH (C) OF THIS SUBDIVISION,
IN THE CASE OF AN APPLICANT SIXTEEN OR SEVENTEEN
YEARS OF AGE WHO HOLDS A VALID MOTOR VEHICLE
OPERATOR'S LICENSE ISSUED BY ANY OTHER STATE,
PROVIDED THE COMMISSIONER IS SATISFIED THAT THE
APPLICANT HAS RECEIVED TRAINING AND INSTRUCTION OF
A SIMILAR NATURE. (2) The commissioner may accept
as evidence of sufficient training under
subparagraph (A) of [this] subdivision [a
certificate] (1) OF THIS SUBSECTION HOME TRAINING
AS EVIDENCED BY A WRITTEN STATEMENT signed by the
spouse of a married minor applicant, or by a
parent, grandparent, foster parent or the legal
guardian of an applicant which states that the
applicant has obtained a learner's permit and has
successfully completed a driving course taught by
the person signing the [certificate] STATEMENT and
that the signer has had an operator's license for
at least four years preceding the date of the
[certificate] STATEMENT or, if the applicant has
no spouse, parent, grandparent, foster parent or
guardian so qualified and available to give the
instruction, a [certificate] STATEMENT signed by
the applicant's stepparent, brother, sister, uncle
or aunt, by blood or marriage, provided the person
signing the [certificate] STATEMENT is qualified.
[The commissioner shall provide forms for the
certificates, which shall be called home training
certificates. Each such certificate shall be on
file with the commissioner for a period of ninety
days before the applicant may take the on-the-road
skills test.] (3) If the commissioner requires a
written [examination] TEST of any applicant under
this section, the [examination] TEST shall be
given in English or Spanish at the option of the
applicant, provided the commissioner shall require
that the applicant shall have sufficient
understanding of English for the interpretation of
traffic control signs. (4) The Commissioner of
Motor Vehicles may adopt regulations, in
accordance with the provisions of chapter 54, to
implement the purposes of this subsection
concerning the content of safe driving instruction
at drivers' schools, high schools and other
secondary schools.
(e) (1) NO MOTOR VEHICLE OPERATOR'S LICENSE
SHALL BE ISSUED UNTIL (A) THE APPLICANT SIGNS AND
FILES WITH THE COMMISSIONER AN APPLICATION UNDER
OATH, EXCEPT THAT RENEWALS FROM THE YEAR
IMMEDIATELY PRECEDING NEED NOT BE UNDER OATH,
STATING SUCH INFORMATION AS THE COMMISSIONER
REQUIRES, AND (B) THE COMMISSIONER IS SATISFIED
THAT THE APPLICANT IS SIXTEEN YEARS OF AGE OR
OLDER AND IS A SUITABLE PERSON TO RECEIVE THE
LICENSE. (2) AN APPLICANT FOR A NEW MOTOR VEHICLE
OPERATOR'S LICENSE SHALL, IN THE DISCRETION OF THE
COMMISSIONER, FILE, WITH THE APPLICATION, A COPY
OF HIS BIRTH CERTIFICATE OR OTHER PRIMA FACIE
EVIDENCE OF HIS DATE OF BIRTH AND EVIDENCE OF
IDENTITY. (3) Before granting a license to any
applicant who has not PREVIOUSLY held a
Connecticut motor vehicle operator's license, OR
WHO HAS NOT OPERATED A MOTOR VEHICLE during the
preceding two years, the commissioner shall
require the applicant to demonstrate personally to
him, his deputy or a motor vehicle inspector or an
agent of the commissioner, in such manner as the
commissioner directs, that the applicant is a
proper person to operate motor vehicles of the
class for which he has applied, has sufficient
knowledge of the mechanism of the motor vehicles
to ensure their safe operation by him and has
satisfactory knowledge of the laws concerning
motor vehicles and the rules of the road. If any
such applicant has held a license from a state,
territory or possession of the United States where
a similar examination is required, or if any such
applicant is a person honorably separated from the
United States armed forces who applies within two
years following the separation and who, prior to
the separation, held a military operator's license
for motor vehicles of the same class as that for
which he has applied, the commissioner may waive
part or all of the examination in his discretion.
When the commissioner is satisfied as to the
ability and competency of any applicant, he may
issue to him a license, either unlimited or
containing such limitations as the commissioner
deems advisable, and specifying the class of motor
vehicles which the licensee is eligible to
operate. (4) If any applicant or operator license
holder has any health problem which might affect
such person's ability to operate a motor vehicle
safely, the commissioner may require the applicant
or license holder to demonstrate personally or
otherwise establish that, notwithstanding such
problem, he is a proper person to operate a motor
vehicle, and he may further require a certificate
of such applicant's condition, signed by a medical
authority designated by him, which certificate
shall in all cases be treated as confidential by
the commissioner. A license, containing such
limitation as the commissioner deems advisable,
may be issued or renewed in any case, but nothing
in this section shall be construed to prevent the
commissioner from refusing a license, either
limited or unlimited, to any person or suspending
a license of a person whom he determines to be
incapable of safely operating a motor vehicle.
Consistent with budgetary allotments, each motor
vehicle operator's license issued to or renewed by
a deaf or hearing impaired person [on or after
October 1, 1983,] shall, upon the request of such
person, indicate such impairment. Such person
shall submit a certificate stating such
impairment, in such form as the commissioner may
require and signed by a licensed health care
practitioner.
(f) No person issued a limited license shall
operate (1) a motor vehicle in violation of the
limitations imposed by such license or (2) any
motor vehicle other than the motor vehicle for
which his right to operate is limited.
(g) Any person who violates any provision of
[subsection (a), (b), (c), (d) or (f) of] this
section shall, for a first offense, be deemed to
have committed an infraction and be fined not less
than seventy-five dollars nor more than ninety
dollars and, for any subsequent offense, shall be
fined not less than two hundred fifty dollars nor
more than three hundred fifty dollars or be
imprisoned not more than thirty days or both.
(h) As used in this section, the words "motor
vehicle" shall not be construed to include
"motorcycle".
(i) THE COMMISSIONER OF MOTOR VEHICLES MAY
ADOPT REGULATIONS IN ACCORDANCE WITH CHAPTER 54 TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
Sec. 2. Section 14-50 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) Subject to the provisions of section
14-41, there shall be charged a fee of
[thirty-one] THIRTY-FIVE dollars AND FIFTY CENTS
for each renewal of a motor vehicle operator's
license and an additional fee of [eight] NINE
dollars for each year for each passenger
endorsement. [On and after July 1, 1992, such
renewal fee shall be thirty-five dollars and fifty
cents and such additional fee shall be nine
dollars.] There shall be charged a fee of
[thirty-two] THIRTY-SEVEN dollars for each renewal
of a motorcycle operator's license; except that a
person who holds a motor vehicle operator's
license shall not be charged a fee for the renewal
of a motorcycle operator's license if he renews
said motor vehicle operator's license. [On and
after July 1, 1992, such renewal fee shall be
thirty-seven dollars.]
(b) There shall be charged for each
examination of an operator of a motorcycle or
other motor vehicle a fee of [ten] THIRTY-SIX
dollars. [On and after July 1, 1985, such
examination fee shall be fifteen dollars, on and
after July 1, 1989, twenty-three dollars, on and
after July 1, 1991, twenty-nine dollars and, on
and after July 1, 1993, thirty-six dollars.] There
may be charged for each advance appointment for an
operator's license examination a fee of fifteen
dollars which fee shall be paid to the
commissioner at least six business days prior to
the date of the appointment and shall be applied
toward the examination fee if the applicant keeps
the appointment. If the applicant fails to keep
the appointment, the appointment fee shall be
forfeited, unless (1) in the judgment of the
commissioner, the applicant's failure to keep the
appointment was due to exigent circumstances, or
(2) the applicant reschedules the appointment.
(c) The commissioner shall waive the
operator's license fee and examination fee in the
case of any person in the active service of the
armed forces of the United States who was a legal
resident of Connecticut at the time of his
induction; and for one licensing period to any
person honorably separated from such service who
applies therefor within two years following the
date of separation and was a legal resident of
Connecticut at the time of his induction.
(d) Upon request by the chief of any regular
fire department or volunteer fire company
operating in the state of Connecticut, the
commissioner shall waive the operator's
examination fee in the case of any member of any
such fire department or company who applies for a
class 1 operator's license as provided in section
14-36a. The applicant for such license shall
satisfy all prerequisites for the issuance of a
class 1 license.
(e) The commissioner may assess a fee to
cover the cost of the collection of number plates,
motor vehicle registration certificates or
operators' licenses, upon the holders thereof; and
such number plates, motor vehicle registration
certificates or operators' licenses shall not be
returned to the holder thereof or reissued until
such fee is paid.
(f) Whenever any check issued to the
commissioner in payment of any fee is returned as
uncollectible, the commissioner shall charge the
drawer of such check or the person presenting such
check to him a fee of [ten] THIRTY-SIX dollars for
each such check which is drawn in an amount of not
more than one hundred dollars and [ten] THIRTY-SIX
per cent of the full amount of each such check
which is drawn in an amount in excess of one
hundred dollars, plus all protest fees, to cover
the cost of collection. [On and after July 1,
1985, such fee shall be fifteen dollars, on and
after July 1, 1989, twenty-three dollars, on and
after July 1, 1991, twenty-nine dollars, and on
and after July 1, 1993, thirty-six dollars. On and
after July 1, 1985, such fee for any check drawn
in excess of one hundred dollars shall be fifteen
per cent, on and after July 1, 1989, twenty-three
per cent, on and after July 1, 1991, twenty-nine
per cent, and on and after July 1, 1993,
thirty-six per cent, of the full amount of such
check.]
[(g) A fee of five dollars shall be charged
by the commissioner for the issuance of each home
training certificate as provided in subsection (d)
of section 14-36. On and after July 1, 1992, such
fee shall be six dollars.]
[(h)] (g) All fees provided for in this
chapter shall be construed to be license fees
imposed for the administration of this chapter and
as compensation for the privilege of using the
highways of this state, and to reimburse the state
in whole or in part for injury done to the
highways by the operation of motor vehicles.
Sec. 3. Section 14-214 of the general
statutes, as amended by section 3 of public act
96-248, is repealed and the following is
substituted in lieu thereof:
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 [more] SEVENTEEN
years of age who holds a learner's permit issued
in accordance with subsection [(b)] (c) of section
14-36, AS AMENDED BY SECTION 1 OF THIS ACT, 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.
Sec. 4. This act shall take effect from its
passage.
Approved January 30, 1997