Senate Bill No. 341
               Senate Bill No. 341

              PUBLIC ACT NO. 98-138


AN   ACT   CONCERNING   CERTIFICATION  OF  WRECKER
OPERATORS  PARTICIPATING  IN  THE   STATE   POLICE
WRECKER ROTATION SYSTEM.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  29-23a  of  the  general  statutes is
repealed and the following is substituted in  lieu
thereof:
    (a)  The  Division  of State Police within the
Department of Public Safety may  establish  within
its  patrol  jurisdiction, a rotational system for
summoning  licensed  wrecker  operators  for   the
purpose  of  towing or transporting motor vehicles
which are disabled, inoperative or wrecked in  the
event the owners or operators of such vehicles are
incapacitated,   unavailable    or    leave    the
procurement  of  wrecker service to the officer at
the scene of an accident  or  the  location  of  a
disabled    vehicle.   Any   such   licensee   may
participate  in  such  system,  provided  (1)  his
operators    fulfill    certain    qualifications,
INCLUDING CERTIFICATION BY THE TOWING AND RECOVERY
ASSOCIATION  OF AMERICA OR A CERTIFICATION PROGRAM
APPROVED BY THE COMMISSIONER OF PUBLIC SAFETY, and
his   equipment   meets   safety   and  mechanical
standards  established  by  the  COMMISSIONER   OF
PUBLIC   SAFETY  AND  THE  Commissioner  of  Motor
Vehicles, and (2) his business is located so as to
provide   prompt   and   efficient  service.  [The
Commissioner   of   Public   Safety   may    adopt
regulations  in  accordance with the provisions of
chapter  54  concerning  the  operation  of   such
rotational  system and the removal from the system
of wrecker services which fail to comply with  the
requirements specified in such regulations.]
    (b) THE COMMISSIONER  OF  PUBLIC  SAFETY SHALL
GRANT VARIATIONS OR  EXEMPTIONS  FROM,  OR APPROVE
EQUIVALENT  OR  ALTERNATE   COMPLIANCE  WITH,  THE
PROVISIONS OF THIS SECTION WHERE STRICT COMPLIANCE
WITH  SUCH  PROVISIONS   WOULD   ENTAIL  PRACTICAL
DIFFICULTY OR UNNECESSARY HARDSHIP OR IS OTHERWISE
ADJUDGED UNWARRANTED, PROVIDED ANY SUCH VARIATION,
EXEMPTION,   APPROVED  EQUIVALENT   OR   ALTERNATE
COMPLIANCE  SHALL,  IN   THE   OPINION   OF   SAID
COMMISSIONER, SECURE THE PUBLIC SAFETY.
    (c) THE COMMISSIONER  OF  PUBLIC  SAFETY SHALL
ADOPT   REGULATIONS   IN   ACCORDANCE   WITH   THE
PROVISIONS OF CHAPTER  54 CONCERNING THE OPERATION
OF SUCH ROTATIONAL SYSTEM AND THE REMOVAL FROM THE
SYSTEM OF WRECKER  SERVICES  WHICH  FAIL TO COMPLY
WITH   THE   REQUIREMENTS    SPECIFIED   IN   SUCH
REGULATIONS  OR  ANY   PROVISION  OF  THE  GENERAL
STATUTES OR A  REGULATION CONCERNING THE OPERATION
OF  A MOTOR  VEHICLE  REPAIR,  TOWING  OR  STORAGE
FACILITY OR THE OPERATION OF A MOTOR VEHICLE.

Approved June 4, 1998