Substitute House Bill No. 5369
Substitute House Bill No. 5369
PUBLIC ACT NO. 98-91
AN ACT REVISING CERTAIN TRANSPORTATION LAWS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) (a) The Commissioner of
Transportation, or his designee, may sit as a
member of the board of a consortium or trade
organization organized as a nonstock, nonprofit
corporation pursuant to chapter 602 of the general
statutes or any similar law of another state, for
the purpose of coordinating public or private
sector transportation systems to provide: (1) The
highest possible quality of transportation
services at the lowest practicable cost to all
persons needing such services; (2) the most
advanced coordinated programs possible in
transportation services; (3) the coordination of
transportation services to eliminate duplication
and incomplete coverage in the provision of such
services; (4) the greatest possible state-wide,
regional or national integration of transportation
service programs; and (5) the education of the
public of the transportation needs of the state
and the goals of the consortium or trade
organization which address such transportation
needs.
(b) The commissioner, or his designee, may
enter into such contracts and other agreements to
further the purposes of each consortium or trade
organization organized in accordance with
subsection (a) of this section, and as contained
in each consortium's or trade organization's
certificate of incorporation, provided nothing
contained in the certificate of incorporation of
each such consortium or trade organization shall
obligate the commissioner, or his designee,
sitting as a member of the board of the consortium
or trade organization, to undertake, or
participate in, any activity which the
commissioner, or his designee, acting in his sole
discretion, determines to be in violation of the
general statutes.
Sec. 2. Section 13a-124a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) As used in this section, "specific
information sign" means a rectangular sign with
the word GAS, FOOD, LODGING, or CAMPING and exit
directional information pertaining to the
designated motorist service placed at the top of
the sign and upon which is mounted separately
attached business signs showing the brand, symbol,
trademark or name, or any combination of these,
for the designated service available on a
crossroad at or near an interchange or
intersection.
(b) The Commissioner of Transportation may
issue permits for the erection and maintenance of
specific information signs and business signs
within the rights-of-way of any portion of a
state-maintained limited access highway, except a
parkway. The commissioner shall not issue any such
permit to any person or company until such person
or company files with the commissioner a bond or
recognizance to the state, satisfactory to the
commissioner and in such amount as the
commissioner determines, subject to forfeiture
upon failure to comply with (1) the requirements
of this section, (2) regulations adopted pursuant
to this section, or (3) any orders of the
commissioner relating to the erection and
maintenance of specific information signs and
business signs. Any such bond or recognizance
shall remain in full force and effect so long as
such person or company is subject to any such
requirements, regulations or orders as provided in
this section.
(c) ANY PERSON OR COMPANY ISSUED A PERMIT IN
ACCORDANCE WITH SUBSECTION (b) OF THIS SECTION
SHALL BE REIMBURSED, BY SUBSEQUENT PERMITTEES ON
THE SAME SIGN, THE COSTS ASSOCIATED WITH SAID SIGN
DIVIDED BY THE NUMBER OF OTHER PERMITTEES ON SAID
SIGN.
[(c)] (d) The commissioner shall adopt
regulations in accordance with chapter 54 to carry
out the purposes of this section. Such regulations
shall include, but not be limited to,
establishment of (1) fees for the permits issued
under subsection (b) of this section, [and] (2)
REIMBURSEMENTS ISSUED PURSUANT TO SUBSECTION (c)
OF THIS SECTION, AND (3) standards for the
location, size and maintenance of specific
information signs and business signs.
Sec. 3. Section 14-261a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(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, AS AMENDED, 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 [five hundred] 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.
Sec. 4. The segment of Route 9 running from
the junction of Interstate Route 91 in Cromwell in
a generally westerly direction to the junction of
Route 571 in Berlin shall be designated the
"Korean War Veterans Memorial Highway".
Sec. 5. The length of Route 571 in Berlin and
the segment of Route 372 running from Route 571 in
Berlin in a generally westerly direction to the
junction of Route 72 in the Forestville section of
Plainville shall be designated the "Polish Legion
of American Veterans Memorial Highway".
Sec. 6. Section 13b-96 of the general
statutes, as amended by section 22 of public act
97-304, is repealed and the following is
substituted in lieu thereof:
(a) 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] THE COMMISSIONER OF TRANSPORTATION is
authorized to prescribe adequate service and
reasonable rates and charges. [and prescribe and
establish such reasonable regulations with respect
to] THE COMMISSIONER MAY ADOPT REGULATIONS, IN
ACCORDANCE WITH CHAPTER 54 FOR THE PURPOSE OF
ESTABLISHING fares, service, operation and
equipment as it deems necessary for the
convenience, protection and safety of passengers
and the public.
(b) THE RATES AND CHARGES ESTABLISHED PURSUANT
TO SUBSECTION (a) OF THIS SECTION SHALL NOT APPLY
TO ANY PERSON, ASSOCIATION, OR CORPORATION (1)
OPERATING A TAXICAB ENGAGED IN THE TRANSPORTATION
OF PASSENGERS FOR HIRE PURSUANT TO A CONTRACT
WITH, OR A LOWER TIER CONTRACT FOR ANY FEDERAL,
STATE OR MUNICIPAL AGENCY, (2) CERTIFIED PURSUANT
TO SECTION 13b-97 PRIOR TO THE EFFECTIVE DATE OF
THIS ACT, AND (3) REGISTERED PURSUANT TO SECTION
13b-99 PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
Sec. 7. (NEW) The Commissioner of
Transportation shall, whenever possible, encourage
the inclusion of areas for bicycles and
pedestrians when (1) creating a layout of a state
highway, in accordance with section 13a-57 of the
general statutes, or (2) relocating a state
highway, in accordance with section 13a-56 of the
general statutes.
Sec. 8. The bridge located at Old Highway
South and Goodwives River on Route I-95 in Darien
shall be designated the "Military Order of the
Purple Heart Bridge".
Sec. 9. This act shall take effect from its
passage, except that sections 2, 3 and 7 shall
take effect October 1, 1998.
Approved May 22, 1998