Substitute House Bill No. 6735
          Substitute House Bill No. 6735

              PUBLIC ACT NO. 97-304


AN ACT REVISING CERTAIN TRANSPORTATION LAWS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1. (NEW)  (a)  Not  later  than  July
thirty-first annually, the  owner  or  operator of
any airport, heliport,  restricted  landing  area,
seaplane base or  other  air  navigation  facility
licensed under the provisions of section 13b-46 of
the  general  statutes   shall   submit   to   the
Commissioner  of  Transportation   the   following
information with respect  to  an aircraft which is
based or primarily  used  at  such  facility as of
July first of  such year: (1) The name and address
of the owner  thereof;  (2)  the type of aircraft;
and (3) the Federal Aviation Aircraft Registration
number.  Said  commissioner   shall  forward  such
information  to  the   municipality  in  which  an
aircraft is based.
    (b)  The  commissioner,   after   notice   and
opportunity for hearing, may suspend or revoke the
license of any  such  facility  in  the  event the
owner   or   operator    thereof    knowingly   or
intentionally fails to  comply with the provisions
of subsection (a) of this section.
    Sec.  2.  (NEW)  (a)  On  and after October 1,
1997,  no  owner  or  operator  of  a  vessel  may
transport  or  offer to transport a pilot licensed
under the  provisions  of  section  15-13  of  the
general statutes, as amended by section 19 of this
act, for the purpose of embarking or  disembarking
another  vessel  in  open  and  unprotected waters
unless such  owner  or  operator  has  obtained  a
certificate of compliance from the Commissioner of
Transportation. On and after October 1, 1997,  the
Commissioner   of  Transportation  shall  issue  a
certificate  of  compliance  to  each   owner   or
operator  of a vessel used to transport a licensed
pilot for the purpose of embarking or disembarking
another  vessel in open and unprotected waters who
complies  with  the  requirements   specified   in
regulations   which   shall   be  adopted  by  the
commissioner in accordance with the provisions  of
chapter   54   of   the   general   statutes.  The
regulations  shall  specify  (1)   standards   and
procedures  for  the  issuance and renewal of such
certificate; (2) grounds  for  the  suspension  of
such certificate; (3) requirements relative to the
inspection  of   such   vessels,   including   the
designation  and  qualifications  of inspectors of
such vessels and the maintenance and inspection of
logs  in  each such vessel; (4) the procedures for
embarkation and disembarkation of pilots; and  (5)
the  operation  of  and equipment required on each
such  vessel.  Such  regulations   may   establish
standard rates for the use of each such vessel for
such purpose. For the purposes of this subsection,
"open and unprotected waters" means waters located
east of the area depicted on the National  Oceanic
and   Atmospheric  Administration  charts  of  the
eastern portion  of  Long  Island  Sound  as  "The
Race".
    (b)  Any  person who violates any provision of
subsection (a) of this section or  any  regulation
adopted  thereunder  shall  be fined not less than
sixty dollars nor  more  than  two  hundred  fifty
dollars for each such violation.
    Sec.   3.   (NEW)   (a)   The   Department  of
Transportation may, without hearing, issue  to  an
applicant   for   authority   to  operate  taxicab
service,  temporary  authority  to  operate   such
service,  pending hearing upon his application and
disposition thereof by the  department,  but  such
temporary authority shall not extend over a period
of more than one hundred eighty consecutive days.
    (b)  The  Department of Transportation may, in
an emergency situation and without hearing,  issue
to  any  person,  association,  limited  liability
company or corporation which holds  a  certificate
of  public  convenience and necessity issued under
the provisions of section 13b-97  of  the  general
statutes,  temporary  authority  to  operate  such
service within or outside the territory  specified
in  such  certificate,  pending resolution of such
emergency, but such temporary authority shall  not
extend  over  a  period  of  more than one hundred
eighty consecutive days.
    Sec.  4.  Subsection  (c) of section 13a-73 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  The  commissioner  may  purchase any land
and take a deed thereof in the name of  the  state
when  such  land  is needed in connection with the
layout, construction,  repair,  reconstruction  or
maintenance  of  any  state highway or bridge, and
any land or buildings or both, necessary,  in  his
opinion,  for  the efficient accomplishment of the
foregoing purpose, provided any purchase  of  such
land  or land and buildings in an amount in excess
of the  sum  of  [fifteen]  ONE  HUNDRED  thousand
dollars  shall be approved by a state referee. The
commissioner, with the advice and consent  of  the
Attorney  General,  may  settle and compromise any
claim by any person, firm or corporation  claiming
to  be  aggrieved  by  such  layout, construction,
reconstruction,  repair  or  maintenance  by   the
payment  of  money,  the  transfer  of  other land
acquired  for  or  in  connection   with   highway
purposes, or otherwise.
    Sec.   5.   Section  13b-79a  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Not  later  than October 1, 1984, and annually
thereafter,  the  Commissioner  of  Transportation
shall  report  to  the  joint  standing committees
having  cognizance  of  matters  relating  to  the
Department of Transportation, to finance, revenue,
capital   bonding    and    taxation,    and    to
appropriations  and  the budgets of state agencies
on  the  CURRENT  status  and  progress   of   the
transportation  INFRASTRUCTURE  program authorized
pursuant to special act 84-52 and sections  3-21a,
3-27a,  3-27f,  12-458 and 12-458d, subsection (c)
of section 13a-80a, sections 13a-175p to 13a-175u,
inclusive,   subsection  (f)  of  section  13b-42,
sections 13b-59, 13b-61, 13b-69, 13b-71, 13b-74 to
13b-77, inclusive, 13b-80, AS AMENDED BY SECTION 7
OF THIS ACT, subsection  (a)  of  section  13b-97,
subsection  (a)  of section 14-12, sections 14-15,
14-16a  and  14-21c,  subsection  (a)  of  section
14-25a,  section  14-28, subsection (b) of section
14-35, subsection (b) of  section  14-41,  section
14-41a,  subsection (a) of section 14-44, sections
14-47, 14-48b, 14-49 and 14-50, subsection (a)  of
section  14-50a,  sections 14-52, 14-53 and 14-58,
subsection (c) of section 14-66, subsection (e) of
section 14-67, sections 14-67a, 14-67d, 14-67l and
14-69, subsection (e) of section 14-73, subsection
(c)   of  section  14-96q,  sections  14-103a  and
14-160,  subsection  (a)   of   section   14-164a,
subsection (a) of section 14-192, sections 14-319,
14-320  and  14-381,  subsection  (b)  of  section
14-382  and sections 14-383 and 15-14. Each report
shall  include,  but  not  be  limited  to:  [(1)]
Information  on  the number of lane miles of state
and  local  roadway  repaved,  the   [number   and
location of state and local bridges rehabilitated]
STATUS OF THE STATE AND LOCAL BRIDGE PROGRAMS, the
status   of   intrastate  and  interstate  highway
[projects] PROGRAMS and  the  interstate  trade-in
[projects]  PROGRAM  and  mass  transportation and
aeronautics programs.  [;  (2)  relative  to  such
projects:  Project costs, timeliness of completion
and  any  problems   which   have   developed   in
implementation;  and  (3)  a  schedule of projects
remaining   and   their   expected   costs.    The
commissioner  shall  also  report  the  amount  of
revenue  available  from  all  sources  for   such
remaining projects, and expected receipts for such
remaining projects the succeeding four quarters.]
    Sec.   6.   Section  13b-79b  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The   Commissioner   of  Transportation  shall
submit a report not later than  October  1,  1984,
and  annually  thereafter,  to  the joint standing
committees  of   the   General   Assembly   having
cognizance of matters relating to finance, revenue
and bonding, transportation and appropriations and
the budgets of state agencies, with respect to the
Special  Transportation  Fund  established   under
section  13b-68.  Each  such report shall, for the
preceding twelve-month  period,  (1)  specify  the
moneys  credited  to  such  fund on account of, or
derived from, each source  of  state  and  federal
revenue,  (2)  specify  the  amount  of investment
earnings from the fund,  (3)  specify  the  moneys
from  such  fund  applied and expended for (A) the
payment of debt service requirements,  as  defined
in   section   13b-75,  (B)  the  payment  of  the
principal of and interest  on  general  obligation
bonds  of  the  state  issued  for  transportation
purposes, as defined in section  13b-69,  and  (C)
each  budgeted  account  under  the  annual budget
appropriation   made   to   the   Department    of
Transportation,  (4)  specify  [(A)] the number of
lane miles of state and local roadway repaved, the
[number  and  location  of state and local bridges
rehabilitated]  STATUS  OF  THE  STATE  AND  LOCAL
BRIDGE  PROGRAMS,  the  status  of  intrastate and
interstate highway  [projects]  PROGRAMS  and  the
interstate  trade-in  [projects]  PROGRAM and mass
transportation and  aeronautics  programs  [,  (B)
relative   to   such   projects:   Project  costs,
timeliness of completion and  any  problems  which
have   developed   in  implementation  and  (C)  a
schedule of projects remaining and their  expected
costs,]   AND   (5)  specify  the  amount  of  all
expenditures from the Special Transportation  Fund
for  the  purchase  of  highway related equipment.
[and (6) indicate the number of new positions  for
the  Department  of Transportation (A) approved by
the  Secretary  of  the  Office  of   Policy   and
Management  and  (B)  filled by the department and
describe  the  responsibilities   of   each   such
position.]
    Sec.   7.   Section   13b-80  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    No   person,  association,  LIMITED  LIABILITY
COMPANY or corporation shall operate a  motor  bus
without  having  obtained  a  certificate from the
Department   of   Transportation   or   from   the
[Interstate  Commerce  Commission or its successor
agency] FEDERAL HIGHWAY ADMINISTRATION pursuant to
the  Bus  Regulatory  Reform  Act  of  1982,  P.L.
97-261, specifying the route and  certifying  that
public   convenience  and  necessity  require  the
operation of a motor bus or motor buses over  such
route. Such certificate shall be issued only after
written application for the same  has  been  made.
[and public hearing held thereon.] Upon receipt of
such application, said  department  shall  [fix  a
time  and  place  of  hearing  thereon, and shall]
promptly give written notice of  the  pendency  of
such  application  [and  of such time and place to
such applicant,] TO the mayor of  each  city,  the
warden  of  each borough or the first selectman of
each  town  in  or  through  which  the  applicant
desires  to  operate,  and  to  any common carrier
operating over any portion of such route or over a
route  substantially  parallel  thereto. Any town,
city or borough within which, or between which and
any other town, city or borough in this state, any
such common  carrier  is  furnishing  service  may
bring  a  written  petition  to  the department in
respect  to  routes,  fares,   speed,   schedules,
continuity  of  service  and  the  convenience and
safety of passengers and the public. Thereupon the
department  [shall] MAY fix a time and place for a
hearing upon such petition and [shall] mail notice
thereof  to  the  parties  in  interest  [and give
notice thereof] at least one week  prior  to  such
hearing.  No  such  certificate  shall  be sold or
transferred until  the  department,  upon  written
application  to  it,  setting  forth  the purpose,
terms   and   conditions   thereof    and    after
investigation,  approves the same. The application
shall be accompanied by a fee of  [fifty  dollars,
and   on   and  after  July  1,  1985,  a  fee  of
seventy-five dollars, on and after July 1, 1989, a
fee  of one hundred thirteen dollars, on and after
July 1, 1991,  a  fee  of  one  hundred  forty-one
dollars,  and on and after July 1, 1993, a fee of]
one hundred seventy-six  dollars.  The  department
may  amend  or,  for  sufficient  cause shown, may
suspend  or  revoke  any  such  certificate.   THE
DEPARTMENT  MAY  IMPOSE  A  CIVIL  PENALTY  ON ANY
PERSON OR ANY OFFICER OF ANY ASSOCIATION,  LIMITED
LIABILITY  COMPANY OR CORPORATION WHO VIOLATES ANY
PROVISION OF ANY REGULATION ADOPTED UNDER  SECTION
13b-86, AS AMENDED BY SECTION 10 OF THIS ACT, WITH
RESPECT  TO  ROUTES,  FARES,   SPEED,   SCHEDULES,
CONTINUITY  OF  SERVICE  OR  THE  CONVENIENCE  AND
SAFETY OF PASSENGERS AND THE PUBLIC, IN AN  AMOUNT
NOT TO EXCEED ONE HUNDRED DOLLARS PER DAY FOR EACH
VIOLATION. The owner or operator  of  every  motor
bus shall display in a conspicuous place therein a
memorandum of  such  certificate.  Notwithstanding
any  provision  of  chapter  285, such certificate
shall  include  authority  to  transport  baggage,
express,  mail and newspapers for hire in the same
vehicle with passengers under such regulations  as
the  department  may  prescribe.  Any  certificate
issued pursuant to this section by the Division of
Public  Utility  Control  within the Department of
Business Regulation  prior  to  October  1,  1979,
shall  remain valid unless suspended or revoked by
the Department of Transportation.
    Sec.   8.   Section   13b-81  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The   Department   of  Transportation  may  [,
without  hearing,]  issue  to  an  applicant   for
authority  to operate motor bus service, temporary
authority  to  operate   such   service,   pending
[hearing  upon  his  application  and] disposition
[thereof] OF HIS APPLICATION  by  the  department,
but such temporary authority shall not extend over
a period of more than one hundred eighty days.
    Sec. 9. Section 13b-85 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    Any    person   or   the   officers   of   any
association,   LIMITED   LIABILITY   COMPANY    or
corporation  who  violate  any order or regulation
adopted or established  under  the  provisions  of
sections  13b-80 to [13b-84] 13b-83, inclusive, AS
AMENDED BY THIS ACT, or who violate any  provision
of said sections, shall be fined not more than one
hundred dollars or imprisoned not more than  sixty
days or both.
    Sec.   10.   Section  13b-86  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Each  person,  association,  LIMITED LIABILITY
COMPANY or corporation owning or operating a motor
bus is declared to be a common carrier and subject
as such to the jurisdiction of the  Department  of
Transportation  and,  while  so operating, to such
reasonable   rules   and   regulations   as   said
department  may  prescribe with respect to routes,
fares, speed, schedules, continuity of service and
the  convenience  and safety of passengers and the
public.
    Sec.   11.   Section  13b-88  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Each  person,  association,  LIMITED LIABILITY
COMPANY or corporation owning or operating a motor
bus over highways within this state between points
outside of this state  or  between  points  within
this  state and points outside of this state shall
be subject to the jurisdiction of  the  Department
of Transportation and, while so operating, to such
reasonable  regulations  as  said  department  may
prescribe  with respect to routes and terminals in
this  state,  speed  of   operation,   safety   of
passengers,    equipment,    public   safety   and
convenience on the highways  and  conservation  of
the highways.
    Sec.   12.   Section  13b-89  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  No person, association, LIMITED LIABILITY
COMPANY or corporation shall operate a  motor  bus
over  highways  within  this  state between points
outside this state or between points  within  this
state   and   points   outside   this   state  and
indiscriminately receive or  discharge  passengers
without   having   obtained   a  permit  from  the
Department of Transportation  to  be  issued  upon
written  application to said department specifying
the route or routes within this state  over  which
such  motor  bus  may  operate  and  the terminals
within this state. Permits may be  issued  without
hearing  in the discretion of said department. Any
permit issued pursuant  to  this  section  by  the
Division  of  Public  Utility  Control  within the
Department of Business Regulation prior to October
1,  1979,  shall  remain valid unless suspended or
revoked by the Department of Transportation.
    (b)   The  Department  of  Transportation  may
amend or, for sufficient cause shown, may  suspend
or  revoke  any  such  permit.  THE DEPARTMENT MAY
IMPOSE A  CIVIL  PENALTY  ON  ANY  PERSON  OR  ANY
OFFICER  OF  ANY  ASSOCIATION,  LIMITED  LIABILITY
COMPANY OR CORPORATION WHO VIOLATES ANY  PROVISION
OF ANY REGULATION ADOPTED UNDER SECTION 13b-88, AS
AMENDED BY SECTION 11 OF THIS ACT, WITH RESPECT TO
ROUTES  AND  TERMINALS  IN  THIS  STATE,  SPEED OF
OPERATION, SAFETY OF PASSENGERS, EQUIPMENT, PUBLIC
SAFETY   AND   CONVENIENCE   ON  THE  HIGHWAYS  OR
CONSERVATION OF THE HIGHWAYS, IN AN AMOUNT NOT  TO
EXCEED  ONE  HUNDRED  DOLLARS  PER  DAY  FOR  EACH
VIOLATION.
    (c)  A holder of such permit shall not operate
a motor bus in the  transportation  of  passengers
for  hire between points within this state without
securing from (1) the Department of Transportation
a  certificate of public convenience and necessity
in accordance  with  the  provisions  of  sections
13b-80  to  13b-85,  inclusive, AS AMENDED BY THIS
ACT, or (2) the [Interstate Commerce Commission or
its     successor    agency]    FEDERAL    HIGHWAY
ADMINISTRATION a certificate pursuant to  the  Bus
Regulatory Reform Act of 1982, P.L. 97-261.
    (d)  Upon the granting of a permit, the holder
thereof may apply  for  the  registration  of  any
motor  bus  of which he is the owner or lessee and
which is to be used as specified in  such  permit,
and  the Commissioner of Motor Vehicles shall have
jurisdiction over the  registration  of  any  such
motor  bus and its exterior lighting equipment and
over the licensing of its operator.
    Sec.   13.   Section  13b-90  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Any    person   or   the   officers   of   any
association,   LIMITED   LIABILITY   COMPANY    or
corporation  who  violate any provision of section
13b-88, AS AMENDED BY SECTION 11 OF THIS  ACT,  or
13b-89,  AS  AMENDED BY SECTION 12 OF THIS ACT, or
any order or  regulation  adopted  or  established
under  their  provisions  shall  be fined not more
than one hundred dollars.
    Sec.  14.  Section   13b-101  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    The  term  "motor  vehicle  in livery service"
means and includes every motor vehicle used by any
person,  association, limited liability company or
corporation which represents itself to be  in  the
business  of  transporting  passengers  for  hire,
except (1) any motor bus and any taxicab  operated
under  a  certificate  of  public  convenience and
necessity   issued   by    the    Department    of
Transportation,   [any   motor   vehicle   engaged
exclusively in transportation  of  passengers  for
hire  by  virtue  of  a contract with any federal,
state or municipal agency,  and]  (2)  any  school
bus,  as  defined  in  section  14-275, or student
transportation  vehicle,  as  defined  in  section
14-212,   when  used  for  the  transportation  of
children under the age of  twenty-one  years,  AND
(3)  ANY SCHOOL BUS, AS DEFINED IN SECTION 14-275,
WHEN USED FOR THE TRANSPORTATION OF PASSENGERS (A)
BY VIRTUE OF A CONTRACT WITH ANY PUBLIC OR PRIVATE
INSTITUTION OF HIGHER EDUCATION, (B) PURSUANT TO A
CONTRACT  FOR SERVICE TO A SPECIAL EVENT HELD AT A
LOCATION  OR  FACILITY  WHICH  IS  NOT  OPEN   FOR
BUSINESS ON A DAILY BASIS THROUGHOUT THE YEAR, NOT
TO EXCEED A PERIOD OF TEN DAYS, OR (C) PURSUANT TO
A  CONTRACT  WITH  A  MUNICIPALITY  FOR  WHICH THE
CARRIER PROVIDES SCHOOL TRANSPORTATION SERVICE.
    Sec.  15.  Section   13b-102  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  (1)  Each  person,  association,  LIMITED
LIABILITY  COMPANY  or   corporation   owning   or
operating  a motor vehicle in livery service shall
be subject to the jurisdiction of  the  Department
of   Transportation,   and   the   department  may
prescribe adequate service  and  reasonable  rates
and  charges  and  prescribe  and  establish  such
reasonable  regulations  with  respect  to  fares,
service,  operation  and  equipment  as  it  deems
necessary for the convenience, protection,  safety
and  best  interests of passengers and the public.
(2) NOTWITHSTANDING THE PROVISIONS OF  SUBDIVISION
(1)  OF THIS SUBSECTION WITH RESPECT TO REASONABLE
RATES  AND  CHARGES,  EACH  PERSON,   ASSOCIATION,
LIMITED LIABILITY COMPANY OR CORPORATION OPERATING
A MOTOR VEHICLE IN LIVERY SERVICE HAVING A SEATING
CAPACITY  OF  TEN  OR  MORE  ADULTS  SHALL  FILE A
SCHEDULE OF REASONABLE MAXIMUM RATES  AND  CHARGES
WITH   THE   DEPARTMENT   OF  TRANSPORTATION.  THE
PROVISIONS OF SUBDIVISION (1) OF  THIS  SUBSECTION
WITH  RESPECT TO RATES AND CHARGES SHALL NOT APPLY
TO  ANY  PERSON,  ASSOCIATION,  LIMITED  LIABILITY
COMPANY  OR  CORPORATION OPERATING A MOTOR VEHICLE
ENGAGED IN THE TRANSPORTATION  OF  PASSENGERS  FOR
HIRE BY VIRTUE OF A CONTRACT WITH, OR A LOWER TIER
CONTRACT FOR,  ANY  FEDERAL,  STATE  OR  MUNICIPAL
AGENCY.
    (b)    EACH   PERSON,   ASSOCIATION,   LIMITED
LIABILITY COMPANY OR CORPORATION OPERATING A MOTOR
VEHICLE  BY  VIRTUE OF AUTHORIZATION ISSUED BY THE
FEDERAL HIGHWAY  ADMINISTRATION  FOR  CHARTER  AND
SPECIAL     OPERATION    SHALL    REGISTER    SUCH
AUTHORIZATION FOR INTERSTATE  OPERATION  WITH  THE
DEPARTMENT   OF  TRANSPORTATION  IF  SUCH  PERSON,
ASSOCIATION,   LIMITED   LIABILITY   COMPANY    OR
CORPORATION  MAINTAINS  A  DOMICILE  OR  PRINCIPAL
OFFICE IN THE STATE.
    Sec.   16.  Section  13b-103  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)(1)   No   person,   association,   LIMITED
LIABILITY COMPANY or  corporation  shall operate a
motor vehicle in livery service until such person,
association,   LIMITED   LIABILITY    COMPANY   or
corporation  has  obtained   a   permit  from  the
Department  of  Transportation,   specifying   the
nature and extent  of  the  service to be rendered
and  certifying  that   public   convenience   and
necessity will be  improved  by  the operation and
conduct of such livery service. Such permits shall
be issued only after a written application for the
same has been  made  and a public hearing has been
held thereon. Upon  receipt  of  such application,
together with the  payment of a fee of two hundred
dollars, the department shall fix a time and place
of hearing thereon,  within a reasonable time, and
shall promptly give written notice of the pendency
of such application  and  of the time and place of
such hearing to  each applicant, the mayor of each
city, the warden  of  each  borough  and the first
selectman of each  town,  within  which  any  such
applicant  desires  to   maintain   an  office  or
headquarters,  to any  carrier  legally  operating
motor vehicles in  livery  service within the same
territory  and  to  other  interested  parties  as
determined by the  department. (2) Notwithstanding
any  provision  of   subdivision   (1)   of   this
subsection to the  contrary,  the  department  may
issue a permit  for  the operation of vehicles (A)
having a capacity of less than ten adults or to be
used    exclusively   at    funerals,    weddings,
christenings, processions or celebrations, without
holding  a  hearing  and  certifying  that  public
convenience and necessity would be improved by the
operation  of  such   vehicles  or  (B)  having  a
capacity  of ten  or  more  adults  and  used  for
sightseeing and related  purposes, without holding
a hearing, provided  the department issues a legal
notice, as provided  under  section  1-2,  of such
application and no  objection  is  filed  with the
department within thirty  days  of  publication of
such notice. (3)  NOTWITHSTANDING ANY PROVISION OF
SUBDIVISION  (1)  OF   THIS   SUBSECTION   TO  THE
CONTRARY, THE DEPARTMENT  MAY ISSUE A TEMPORARY OR
PERMANENT  PERMIT  TO   ANY  PERSON,  ASSOCIATION,
LIMITED LIABILITY COMPANY OR CORPORATION OPERATING
A MOTOR VEHICLE  ENGAGED  IN THE TRANSPORTATION OF
PASSENGERS FOR HIRE  BY VIRTUE OF A CONTRACT WITH,
OR A LOWER  TIER  CONTRACT FOR, ANY FEDERAL, STATE
OR MUNICIPAL AGENCY (A) WHICH IS IN EFFECT ON JULY
1, 1997, WITH  OR WITHOUT HEARING, AFTER A WRITTEN
APPLICATION FOR THE  SAME  HAS  BEEN  MADE AND THE
DEPARTMENT HAS DETERMINED THAT THE APPLICANT MEETS
THE REQUIREMENTS OF SUBSECTION (b) OF THIS SECTION
EXCEPT  WITH RESPECT  TO  PUBLIC  CONVENIENCE  AND
NECESSITY, OR (B)  WHICH  BECOMES  EFFECTIVE AFTER
JULY 1, 1997,  WITH  OR  WITHOUT  HEARING, AFTER A
WRITTEN APPLICATION FOR THE SAME HAS BEEN MADE AND
THE DEPARTMENT HAS  DETERMINED  THAT THE APPLICANT
MEETS THE REQUIREMENTS  OF  SUBSECTION (b) OF THIS
SECTION.  ANY  SUCH   PERMIT   ISSUED   UNDER  THE
PROVISIONS  OF  THIS   SUBDIVISION  (i)  SHALL  BE
LIMITED  TO  SERVICE   PROVIDED   UNDER  ANY  SUCH
CONTRACT, AND (ii)  WITH  RESPECT  TO ANY CONTRACT
UNDER THE PROVISIONS  OF  SUBPARAGRAPH (A) OF THIS
SUBDIVISION, SHALL NOT AUTHORIZE A TOTAL NUMBER OF
MOTOR VEHICLES EXCEEDING  THE  NUMBER  REQUIRED TO
PROVIDE SERVICE EXISTING  UNDER  SUCH  CONTRACT ON
JULY 1, 1997.
    (b)  In  determining  whether  or  not  such a
permit  shall  be  granted,  the   Department   of
Transportation  shall  take into consideration the
present or future public convenience and necessity
for  the service the applicant proposes to render,
the  suitability   of   the   applicant   or   the
suitability  of the management if the applicant is
a LIMITED LIABILITY COMPANY  OR  corporation,  the
financial  responsibility  of  the  applicant, the
ability of the applicant efficiently and  properly
to  perform  the  service  for  which authority is
requested and the fitness, willingness and ability
of  the  applicant to conform to the provisions of
this chapter and the requirements and  regulations
of the department thereunder.
    (c) Any interested  party  may bring a written
petition to the  Department  of  Transportation in
respect to fares, service, operation or equipment,
or the convenience,  protection  and safety of the
public with regard  to  any  carrier  operating  a
motor vehicle in  livery  service.  Thereupon, the
department [shall] MAY  fix a time and place for a
hearing upon such petition and [shall] give notice
thereof. No permit  shall  be  sold or transferred
until the department,  upon written application to
it setting forth the purpose, terms and conditions
thereof and accompanied  by  a  fee of two hundred
dollars, after investigation,  approves  the same.
The department may  amend or, for sufficient cause
shown, may suspend  or revoke any such permit. THE
DEPARTMENT  MAY IMPOSE  A  CIVIL  PENALTY  ON  ANY
PERSON OR ANY  OFFICER OF ANY ASSOCIATION, LIMITED
LIABILITY COMPANY OR  CORPORATION WHO VIOLATES ANY
PROVISION  OF  THIS   CHAPTER  OR  ANY  REGULATION
ADOPTED  UNDER  SECTION  13b-102,  AS  AMENDED  BY
SECTION 15 OF  THIS  ACT,  WITH  RESPECT TO FARES,
SERVICE, OPERATION OR  EQUIPMENT, IN AN AMOUNT NOT
TO EXCEED ONE  HUNDRED  DOLLARS  PER  DAY FOR EACH
VIOLATION.
    (d)  The  owner  or  operator  of  each  motor
vehicle in livery service  shall  display  therein
such permit or a memorandum thereof.
    Sec.   17.  Section  13b-108  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)   Any   person   or  any  officer  of  any
association,   LIMITED   LIABILITY   COMPANY    or
corporation who violates any provision of sections
13b-101 to 13b-107, inclusive, AS AMENDED BY  THIS
ACT,   or   any   order   or  regulation  adopted,
prescribed or established under any such provision
shall  be fined not more than five hundred dollars
or imprisoned not more than sixty days or both for
the  first  offense and for a second offense shall
be fined two thousand dollars  or  imprisoned  not
more  than  sixty days or both and may be enjoined
from further operation or maintenance of a  livery
business   pursuant  to  subsection  (b)  of  this
section.
    (b)   Any   person   or  any  officer  of  any
association,   LIMITED   LIABILITY   COMPANY    or
corporation   who  violates  section  13b-103,  AS
AMENDED BY SECTION 16 OF THIS ACT, may be enjoined
from  further  operation  or  maintenance  of  any
livery business by order of  the  Superior  Court.
The Commissioner of Transportation shall bring any
application for  an  injunction  to  the  judicial
district  in which the principal place of business
of any such person, association, LIMITED LIABILITY
COMPANY  or corporation is located. The court upon
a finding of a violation of  section  13b-103,  AS
AMENDED  BY  SECTION  16 OF THIS ACT, may issue an
injunction  and   make   such   orders   for   the
discontinuance   of  such  business  as  it  deems
equitable.
    Sec.   18.  Section  13b-109  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    A  printed  advertisement  concerning  a motor
vehicle  in  livery  service  shall  conspicuously
state  the  number  of  the  permit  issued to the
operator of such  vehicle  by  the  Department  of
Transportation  pursuant  to  section  13b-103, AS
AMENDED BY SECTION  16  OF  THIS  ACT,  and  shall
conspicuously  state  the  number of any permit or
registration  issued  to  such  operator  by   the
[Interstate  Commerce  Commission or its successor
agency] FEDERAL HIGHWAY ADMINISTRATION.
    Sec.  19.  Subsection  (e) of section 15-13 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (e)  Said  commissioner  may suspend or revoke
any pilot's  license  for  (1)  incompetence,  (2)
neglect  of duty, [or] (3) misconduct OR (4) USING
A VESSEL OWNED OR OPERATED BY A PERSON WHO HAS NOT
OBTAINED  A  CERTIFICATE  OF  COMPLIANCE UNDER THE
PROVISIONS OF  SECTION  2  OF  THIS  ACT  FOR  THE
PURPOSE   OF  EMBARKING  OR  DISEMBARKING  ANOTHER
VESSEL IN OPEN AND UNPROTECTED WATERS. Any  person
aggrieved by the action of said commissioner under
the  provisions  of  this  subsection  may  appeal
therefrom  in  accordance  with  the provisions of
section 4-183.
    Sec.   20.   Section  15-15d  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Pilotage  on  Long  Island Sound shall be
concurrent with the state of New York.
    (b)  THE  COMMISSIONER  OF  TRANSPORTATION MAY
EXECUTE AN AGREEMENT WITH THE PILOT COMMISSION  OF
ANY   OTHER  STATE  FOR  THE  ESTABLISHMENT  OF  A
ROTATION SYSTEM FOR THE ASSIGNMENT OF  PILOTS  FOR
THE  CONDUCT OF VESSELS IN THE PORTS AND WATERS OF
THE STATE, INCLUDING THE  WATERS  OF  LONG  ISLAND
SOUND.
    Sec.  21.  Subsection  (d) of section 25-32 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (d)  The  commissioner  may grant a permit for
the sale of class I or II land  to  another  water
company, TO A STATE AGENCY or to a municipality if
the purchasing entity agrees to maintain the  land
subject  to  the  provisions  of this section, any
regulations adopted pursuant to this  section  and
the  terms  of  any permit issued pursuant to this
section. Such  purchasing  entity  may  not  sell,
lease,  assign  or  change  the  use  of such land
without  obtaining  a  permit  pursuant  to   this
section.
     Sec.   22.  Section  13b-96  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Each  person,  association,  LIMITED LIABILITY
COMPANY  or  corporation  owning  or  operating  a
taxicab  is  declared a common carrier and subject
as such to the jurisdiction of the  Department  of
Transportation,  and  the department is authorized
to prescribe adequate service and reasonable rates
and  charges  and  prescribe  and  establish  such
reasonable  regulations  with  respect  to  fares,
service,  operation  and  equipment  as  it  deems
necessary  for  the  convenience,  protection  and
safety of passengers and the public.
    Sec.   23.   Section  13b-97  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  No person, association, LIMITED LIABILITY
COMPANY or corporation  shall  operate  a  taxicab
until  such person, association, LIMITED LIABILITY
COMPANY or corporation has obtained a  certificate
from  the  Department of Transportation certifying
that public convenience and necessity require  the
operation   of   a   taxicab   or   taxicabs   for
transportation of passengers,  the  acceptance  or
solicitation   of   which  originates  within  the
territory specified in such certificate except  as
provided  under subsection (d) of this section. NO
SUCH  CERTIFICATE  SHALL  BE  ISSUED  UNLESS   THE
DEPARTMENT  FINDS  THAT  THE  PERSON, ASSOCIATION,
LIMITED  LIABILITY  COMPANY  OR   CORPORATION   IS
SUITABLE  TO  OPERATE  A  TAXICAB  SERVICE,  AFTER
GIVING DUE CONSIDERATION TO,  AT  A  MINIMUM,  THE
FOLLOWING  FACTORS:  (1)  ANY  CONVICTIONS  OF THE
APPLICANT  UNDER  FEDERAL,  STATE  OR  LOCAL  LAWS
RELATIVE  TO  SAFETY,  MOTOR  VEHICLE  OR CRIMINAL
VIOLATIONS; (2)  THE  NUMBER  OF  TAXICABS  TO  BE
OPERATED  UNDER  THE CERTIFICATE; (3) THE ADEQUACY
OF THE APPLICANT'S FINANCIAL RESOURCES TO  OPERATE
THE TAXICAB SERVICE; (4) THE ADEQUACY OF INSURANCE
COVERAGE  AND  SAFETY  EQUIPMENT;  AND   (5)   THE
AVAILABILITY  OF QUALIFIED TAXICAB OPERATORS. Such
certificate shall be  issued  only  after  written
application  for the same has been made and public
hearing held thereon.  The  application  shall  be
accompanied  by  a fee of [twenty-five dollars and
on and after July 1, 1985,  thirty-eight  dollars,
on  and  after July 1, 1989, fifty-six dollars, on
and after July 1, 1991, seventy  dollars,  and  on
and  after  July  1,  1993,] eighty-eight dollars.
Upon receipt of such application,  the  department
shall  fix a time and place of hearing thereon and
shall promptly give written notice of the pendency
of  such  application and of the time and place of
hearing thereon to such applicant,  the  mayor  of
each city, the warden of each borough or the first
selectman of each  town  in  which  the  applicant
desires  to  originate  the transportation of such
passengers, and to any  common  carrier  operating
within  the  territory  specified. Notwithstanding
any provision of this subsection to the  contrary,
the  department  may,  upon  receipt  of a written
application,  amend  an  existing  certificate  to
increase  the  number  of  taxicabs  which  may be
operated  pursuant  to  the  certificate   without
holding a hearing on the application, provided the
department  issues  a   legal   notice   of   such
application  in  a  daily  newspaper in accordance
with the provisions of section 1-2, GIVES  WRITTEN
NOTICE  OF THE PENDENCY OF SUCH APPLICATION TO ANY
COMMON  CARRIER  OPERATING  WITHIN  THE  TERRITORY
SPECIFIED  and  no  objection  is  filed  with the
department within thirty days of EACH such notice.
WITH  RESPECT  TO  ANY APPLICATION FILED UNDER THE
PROVISIONS  OF  THIS  SUBSECTION,  THE  DEPARTMENT
SHALL  NOT  CONSIDER  AS  A GROUND FOR DENIAL OF A
REQUEST FOR AN INCREASE IN THE NUMBER OF  TAXICABS
TO BE OPERATED WITHIN THE TERRITORY SPECIFIED, ANY
NUMBER OF TAXICABS NOT CURRENTLY  REGISTERED  WITH
THE  COMMISSIONER OF MOTOR VEHICLES AT THE TIME OF
FILING OF SUCH APPLICATION OR AT THE TIME  OF  ANY
HEARING HELD THEREON.
    (b)  Any  town,  city  or borough within which
taxicab service  is  operated  or  any  interested
party   may   bring  a  written  petition  to  the
department  with  respect   to   fares,   service,
operation   or   equipment   or  the  convenience,
protection  and  safety  of  passengers  and   the
public.  Thereupon, the department [shall] MAY fix
a time and place for a hearing upon such petition,
and  [shall  promptly] give written notice thereof
to  the  parties  in  interest  [and  give  notice
thereof] at least one week prior to such hearing.
    (c)   No   certificate   shall   be   sold  or
transferred until  the  department,  upon  written
application to it setting forth the purpose, terms
and conditions thereof, and  after  investigation,
FINDS THAT THE PURCHASER OR TRANSFEREE IS SUITABLE
TO OPERATE A TAXICAB SERVICE  AFTER  CONSIDERATION
OF THE FACTORS SPECIFIED IN SUBSECTION (a) OF THIS
SECTION AND approves  the  same.  The  application
shall  be  accompanied  by  a  fee of [twenty-five
dollars, and on and after July 1,  1985,  the  fee
shall  be  thirty-eight dollars, on and after July
1, 1989, fifty-six dollars, on and after  July  1,
1991,  seventy  dollars,  and on and after July 1,
1993,] eighty-eight dollars.  The  department  may
amend  or, for sufficient cause shown, may suspend
or revoke any such certificate. THE DEPARTMENT MAY
IMPOSE  A  CIVIL  PENALTY  ON  ANY  PERSON  OR ANY
OFFICER  OF  ANY  ASSOCIATION,  LIMITED  LIABILITY
COMPANY  OR CORPORATION WHO VIOLATES ANY PROVISION
OF THIS CHAPTER OR ANY  REGULATION  ADOPTED  UNDER
SECTION  13b-96,  AS AMENDED BY SECTION 22 OF THIS
ACT, WITH RESPECT TO FARES, SERVICE, OPERATION  OR
EQUIPMENT,  IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
DOLLARS PER  DAY  FOR  EACH  VIOLATION.  ANY  SUCH
CERTIFICATE  ISSUED BY THE DEPARTMENT SHALL REMAIN
VALID  UNLESS  SUSPENDED   OR   REVOKED   BY   THE
DEPARTMENT.  Any  such  certificate  issued by the
Division of  Public  Utility  Control  within  the
Department of Business Regulation prior to October
1, 1979, OR BY ANY TRANSIT DISTRICT PRIOR TO MARCH
1,  1997,  shall  remain valid unless suspended or
revoked by the Department of Transportation.
    (d)    Any    person,   association,   LIMITED
LIABILITY  COMPANY  or   corporation   which   has
obtained  a  certificate  under  subsection (a) of
this section may solicit,  receive  and  discharge
taxicab   passengers   at   Bradley  International
Airport, subject  to  formal  agreement  with  the
Commissioner   of   Transportation  PROVIDED  SUCH
AGREEMENT  SHALL  NOT  TAKE  PRECEDENCE  OVER  ITS
OBLIGATION  TO  PROVIDE TAXICAB SERVICE WITHIN THE
TERRITORY SPECIFIED IN SUCH CERTIFICATE. ANY  SUCH
PERSON,  ASSOCIATION, LIMITED LIABILITY COMPANY OR
CORPORATION  MAY  DISCHARGE   TAXICAB   PASSENGERS
RECEIVED  AT SUCH AIRPORT WITHIN A TERRITORY OTHER
THAN THE TERRITORY SPECIFIED IN  ITS  CERTIFICATE.
The   commissioner   may   charge  and  collect  a
reasonable  fee  from  any  such  person,   [firm]
ASSOCIATION,    LIMITED   LIABILITY   COMPANY   or
corporation for the privilege of  solicitation  of
such passengers.
    Sec.  24.  Subsection (c) of section 13b-99 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (c)  The  commissioner  shall  publish a list,
semiannually, of all persons  holding  a  class  B
license  whose class B license or registration has
been suspended. Such list shall be mailed to  each
person,  association, LIMITED LIABILITY COMPANY or
corporation  operating  a  taxicab   pursuant   to
section  13b-97,  AS AMENDED BY SECTION 23 OF THIS
ACT.
    Sec.   25.  Section  13b-100  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    Any    person   or   the   officers   of   any
association,   LIMITED   LIABILITY   COMPANY    or
corporation  who  violate  any  provision  of this
chapter or any  order  or  regulation  adopted  or
established  under  any  such  provision  shall be
fined  not  more  than  one   [hundred]   THOUSAND
dollars,  [or  imprisoned not more than sixty days
or both,] and the certificate issued to him or  to
such  association,  LIMITED  LIABILITY  COMPANY or
corporation may be revoked.
    Sec.   26.  Section  14-260n  of  the  general
statutes is amended by adding subdivision (17)  as
follows:
    (NEW)    (17)    "Dromedary   box"   means   a
cargo-carrying container mounted on the frame of a
tractor and located behind the cab.
    Sec.  27.  Subsection (a) of section 14-262 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (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 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, or  (D)  a
trailer   designed   and   used   exclusively  for
transporting boats when the gross weight  of  such
boats does not exceed four thousand pounds; and
    (2)  A  combination  of  vehicle  and  trailer
which is longer  than  sixty  feet  except  (A)  a
trailer   designed   and   used   exclusively  for
transporting boats when the gross weight  of  such
boats  does not exceed four thousand pounds, (B) a
tractor-trailer unit,  (C)  a  commercial  vehicle
combination,  [or]  (D)  combinations  of vehicles
considered as specialized equipment in the Code of
Federal  Regulations, Title 23, Part 658.13(d), as
amended,  OR  (E)  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.
    Sec.   28.   Section   15-69  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Any person who interferes or tampers with
any airport, heliport, landing field or airway  or
the equipment thereof OR WHO INTERFERES OR TAMPERS
WITH OR CIRCUMVENTS,  ATTEMPTS  TO  CIRCUMVENT  OR
THWART  ANY SECURITY DEVICE OR EQUIPMENT INSTALLED
OR WHO  CIRCUMVENTS,  ATTEMPTS  TO  CIRCUMVENT  OR
FAILS   TO   COMPLY   WITH  SECURITY  MEASURES  OR
PROCEDURES IN OPERATION AT ANY  AIRPORT  shall  be
fined  not  less than two hundred dollars nor more
than one thousand dollars or imprisoned  not  more
than five years or be both fined and imprisoned.
    (b)  ANY PERSON WHO KNOWINGLY OR INTENTIONALLY
PROVIDES FALSE INFORMATION, MAKES A FALSE  WRITTEN
STATEMENT OR WITHHOLDS RELEVANT INFORMATION ON ANY
APPLICATION OR OTHER DOCUMENT REQUIRED BY  AIRPORT
OR  AIRPLANE  OPERATOR  SECURITY PLANS OR MEASURES
PURSUANT TO FEDERAL LAW AND REGULATIONS  WHICH  IS
SUBMITTED  TO  ANY  AIRPORT OWNER OR OPERATOR, AIR
CARRIER,   AIRPORT   TENANT,   CONCESSIONAIRE   OR
CONTRACTOR  SHALL  BE  FINED  NOT  MORE  THAN  ONE
THOUSAND DOLLARS OR IMPRISONED NOT MORE  THAN  ONE
YEAR OR BE BOTH FINED AND IMPRISONED.
    Sec.  29.  The  portion of Route 3 in the town
of Rocky Hill shall be named the Disabled American
Veterans Memorial Highway.
    Sec.  30. Sections 13b-84, 13b-98 and 13b-109a
of the general statutes are repealed.
    Sec. 31. This  act  shall take effect from its
passage, except that  sections  3,  4,  7  to  18,
inclusive, 21 to  25, inclusive, and 30 shall take
effect July 1,  1997, and sections 5, 6, 19 and 28
shall take effect October 1, 1997.

Approved July 8, 1997