Substitute House Bill No. 5597
Substitute House Bill No. 5597
PUBLIC ACT NO. 98-182
AN ACT CONCERNING REVISIONS TO CERTAIN MOTOR
VEHICLE STATUTES AND PROCEDURAL CHANGES TO
POSSESSION OF MOTOR VEHICLE OPERATOR'S LICENSE
AFTER ARREST WHILE OPERATING UNDER THE INFLUENCE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 14-18 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) (1) Each motor vehicle for which one
number plate has been issued shall, while in use
or operation upon any public highway, display in a
conspicuous place at the rear of such vehicle the
number plate. Each such motor vehicle shall also
display a sticker on the number plate or elsewhere
on the vehicle, as the commissioner may direct,
denoting the expiration date of the registration,
as assigned by the commissioner.
(2) Each motor vehicle for which two number
plates have been issued shall, while in use or
operation upon any public highway, display in a
conspicuous place at the front and the rear of
such vehicle the number plates. Each such motor
vehicle shall also display a sticker on the rear
number plate or elsewhere on the vehicle, as the
commissioner may direct, denoting the expiration
date of the registration, as assigned by the
commissioner.
(b) Repealed by 1969, P.A. 247, S. 1.
(c) Such number plates when displayed upon
motor vehicles shall be entirely unobscured and
the numerals and letters thereon shall be plainly
legible at all times. Such number plates shall be
horizontal, and shall be fastened so as not to
swing and, during the time when a motor vehicle is
required to display lights, the rear number plate
shall be so illuminated as to be legible at a
distance of fifty feet. No plates, devices or
attachments may be affixed to the official number
plates. Plates, devices or attachments affixed to
the number plate holder shall be attached to the
rear of the holder in such manner that they will
not cover any part of the number plate and that
loosening of the device or its attachments will
not permit it to fall or move so as to cover any
symbols on the face of the number plate. Not more
than one number plate shall be displayed on the
front or rear of any motor vehicle in operation
upon the public highways of the state; provided
any motor vehicle may, upon permission of the
commissioner, display more than one number plate
in front or rear, subject to such conditions as
the commissioner prescribes. If any number plate
supplied by the commissioner is lost, or if the
registered number thereon becomes mutilated or
illegible, the owner of or the person in control
of the motor vehicle for which such number plate
was furnished shall immediately place a temporary
number plate bearing his registration number upon
such motor vehicle, which temporary number plate
shall conform to the regular number plate and
shall be displayed as nearly as possible as herein
provided for such regular number plate; and such
owner shall, within forty-eight hours after such
loss or mutilation of his number plate, give
notice thereof to the commissioner and apply for a
new number plate. The commissioner may issue a
permit to operate with such temporary plate and
shall supply new number plates upon payment of the
fee therefor as provided in section 14-50a. Upon
receipt of such new number plates and new
certificate, the remaining old number plate, if
any, and certificate shall be surrendered to the
commissioner.
(d) All number plates shall be the property of
the state and no title therein shall pass to any
person registering a motor vehicle under the
provisions of this chapter. The owner of any
registered motor vehicle which is not reregistered
at the end of a registration period shall, within
ten days, return the number plates thereof to the
commissioner. Any person who sells a motor vehicle
pursuant to section 14-150 or 49-61 shall, within
ten days of such sale, return to the commissioner
any number plates displayed on the vehicle or
which come into such person's possession in
connection with such sale. When the commissioner
issues a new type of number plate for use by all
persons registering motor vehicles, the obsolete
number plates shall become the property of the
registrant upon the expiration date.
(e) THE COMMISSIONER MAY ISSUE A NUMBER PLATE
INSCRIBED WITH THE LEGEND "SAMPLE". SUCH NUMBER
PLATE SHALL NOT BE DISPLAYED ON ANY MOTOR VEHICLE
OR USED AS OFFICIAL REGISTRATION MARKER PLATES.
THE COMMISSIONER MAY IMPOSE A FEE FOR THE ISSUANCE
OF SUCH NUMBER PLATE. SUCH FEE SHALL BE SUFFICIENT
TO COVER THE COST OF MANUFACTURING AND ISSUING
SUCH NUMBER PLATE.
[(e)] (f) No person shall wilfully damage or
destroy any number plate.
[(f)] (g) Violation of any provision of
subsection (a), (c), (d), [or] (e) OR (f) of this
section shall be an infraction.
Sec. 2. Section 14-98a of the general statutes
is repealed and the following is substituted in
lieu thereof:
No person shall operate a motor vehicle or
trailer upon the public highways unless such motor
vehicle or trailer is equipped with tires in safe
operating condition in accordance with
requirements approved by the Commissioner of Motor
Vehicles. The commissioner shall establish
standards of safe operating condition for tires
mounted on vehicles, using simple measuring
gauges. Said requirements shall encompass effects
of tread wear and depth of tread. This section
shall not apply to [farm vehicles registered under
subsection (q) of section 14-49,] self-propelled
combines, self-propelled corn and hay harvesting
machines and tractors used exclusively for
agricultural purposes. Any law enforcement
officer, at any time, upon reasonable cause to
believe that the tires of a vehicle are unsafe or
it is equipped with tires in violation of the
provision of this section, may require the
operator of such vehicle to stop and submit the
tires of such vehicle to an inspection. If the
inspection discloses the vehicle to be in
violation, the officer may issue a summons for
such violation. Operation of a motor vehicle or,
as owner permitting the operation of a motor
vehicle in violation of any provision of this
section shall be an infraction.
Sec. 3. Subsection (a) of section 14-164a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) No person shall operate a motor vehicle in
any race, contest or demonstration of speed or
skill with a motor vehicle as a public exhibition
until a permit for such race or exhibition has
been obtained from the Commissioner of Motor
Vehicles. Any person desiring to manage, operate
or conduct such a motor vehicle race or exhibition
shall make application in writing to said
commissioner at least ten days prior to the race
or exhibition and such application shall set forth
in detail the time of such proposed race or
exhibition, together with a description of the
kind and number of motor vehicles to be used and
such further information as said commissioner may
require. Such application shall be accompanied by
a fee of [fifty dollars. On and after July 1,
1991, such fee shall be one hundred forty-one
dollars, and on and after July 1, 1993,] one
hundred seventy-seven dollars. The Commissioner of
Motor Vehicles, upon receipt of such application
and fee, shall cause an inquiry to be made
concerning the condition of the race track or
place of exhibition and all of the appurtenances
thereto and, if he finds no unusual hazard to
participants in such race or exhibition or to
persons attending such race or exhibition, he may
issue a permit naming a definite date for such
race or exhibition, which may be conducted at any
reasonable hour of any week day or after twelve
o'clock noon on any Sunday. [, provided] THE
COMMISSIONER, WITH THE APPROVAL OF THE LEGISLATIVE
BODY OF THE CITY, BOROUGH OR TOWN IN WHICH THE
RACE OR EXHIBITION WILL BE HELD, MAY ISSUE A
PERMIT ALLOWING A START TIME PRIOR TO TWELVE
O'CLOCK NOON ON ANY SUNDAY, PROVIDED no such race
or exhibition shall take place contrary to the
provisions of any city, borough or town
ordinances. The commissioner may make regulations
as to the conditions under which each such race or
exhibition may be conducted, including
requirements as to types of tires suitable for
safe use, the age and physical condition of the
participating operators, the number and
qualifications of attending personnel, the
provision of first-aid and medical supplies and
equipment, including ambulances, and the
attendance of doctors or other persons qualified
to give emergency medical aid, police and fire
protection, and such other requirements as will
eliminate any unusual hazard to participants in
such race or exhibition or to the spectators. No
minor under the age of sixteen years may
participate in motor cross racing, except that a
minor thirteen years of age or older may
participate in such racing with the written
permission of his parents or legal guardian. If
weather or track conditions are such as to make
such race or exhibition unusually hazardous, the
commissioner or other person designated by him may
cancel or postpone the same or may require the use
of tires of a type approved by him. No person
shall conduct or participate in any motor vehicle
race or contest or demonstration of speed or skill
in any motor vehicle on the ice of any body of
water. The provisions of this section shall not
apply to a motor vehicle with a motor of no more
than three horsepower or a go-cart type vehicle
with a motor of no more than twelve horsepower,
when operated on a track of one-eighth of a mile
or less in length. Preliminary preparations and
practice runs, performed after eleven o'clock in
the forenoon, on the date designated in the permit
and prior to cancellation or postponement, shall
not be construed to constitute a race or
exhibition within the meaning of this section. No
preliminary preparations or practice runs shall be
performed before twelve o'clock noon on Sunday.
For the purposes of this subsection, "motor cross
racing" means motorcycle racing on a dirt track by
participants operating motorcycles designed and
manufactured exclusively for off-road use and
powered by an engine having a capacity of not more
than five hundred cubic centimeters piston
displacement.
Sec. 4. Subsection (c) of section 14-164c of
the general statutes, as amended by section 1 of
public act 97-82 and section 15 of public act
97-236, is repealed and the following is
substituted in lieu thereof:
(c) The commissioner shall adopt regulations
in accordance with chapter 54 to implement the
provisions of this section. Such regulations shall
include provision for a periodic emissions
inspection and compliance or waiver with exhaust
emission standards, air pollution control system
integrity standards and purge system standards
defined by the Commissioner of Environmental
Protection for all motor vehicles registered or
which will be registered in this state except: (1)
Vehicles having a gross weight of more than ten
thousand pounds; (2) vehicles powered by
electricity; (3) bicycles with motors attached;
(4) motorcycles; (5) vehicles operating with a
temporary registration; (6) vehicles manufactured
[before the 1968 model year] TWENTY-FIVE OR MORE
YEARS AGO; (7) new vehicles at the time of initial
registration; (8) vehicles registered but not
designed primarily for highway use; (9) farm
vehicles, as defined in subsection (q) of section
14-49; (10) antique, rare or special interest
motor vehicles, as defined in section 14-1, AS
AMENDED; (11) diesel-powered type II school buses.
The commissioner may require emissions inspection
and compliance or waiver prior to completion of
the sale and registration of a motor vehicle over
one year old. If the Commissioner of Environmental
Protection finds that it is necessary to inspect
motor vehicles which are exempt under subdivision
(1) of this subsection in order to achieve
compliance with federal law concerning emission
reduction requirements, the Commissioner of Motor
Vehicles may adopt regulations, in accordance with
the provisions of chapter 54, to require the
inspection of motorcycles or designated motor
vehicles having a gross weight of more than ten
thousand pounds.
Sec. 5. Subsection (g) of section 14-164c of
the general statutes is repealed and the following
is substituted in lieu thereof:
(g) The commissioner, with approval of the
Secretary of the Office of Policy and Management,
shall establish, and from time to time modify, the
inspection fees, not to exceed ten dollars per
inspection, required pursuant to this chapter for
inspections performed at official emissions
inspection stations. If the costs to the state of
the emissions inspection program, including
administrative costs and payments to any
independent contractor, exceed the income from
such inspection fees, such excess costs shall be
borne by the state. Any person whose vehicle has
been inspected at an official emissions inspection
station shall, if such vehicle is found not to
comply with any required standards, have the
vehicle repaired and have the right within thirty
consecutive calendar days to return such vehicle
for one reinspection without charge, provided,
where the thirtieth day falls on any day when the
official emissions inspection station is closed
for business, such person may return his vehicle
for reinspection on the next day on which such
station is open for business. The commissioner
shall assess a late fee of twenty dollars for the
emissions inspection of a motor vehicle performed
at an official emissions inspection station later
than thirty days after the expiration date of the
assigned inspection period provided he may waive
such late fee when it is proven to his
satisfaction that the failure to have the vehicle
inspected within thirty days of the assigned
inspection period was due to exigent
circumstances. IF OWNERSHIP OF THE MOTOR VEHICLE
HAS BEEN TRANSFERRED SUBSEQUENT TO THE EXPIRATION
DATE OF THE ASSIGNED INSPECTION PERIOD AND THE NEW
OWNER HAS SUCH MOTOR VEHICLE INSPECTED WITHIN
THIRTY DAYS OF THE TRANSFER OF OWNERSHIP OF SUCH
MOTOR VEHICLE, THE COMMISSIONER SHALL WAIVE THE
LATE FEE. If the thirtieth day falls on any day
when the official emissions inspection station is
closed for business, such vehicle may be inspected
on the next day on which such station is open for
business and no late fee shall be assessed. Fifty
per cent of such late fees received by the
commissioner pursuant to this subsection shall be
deposited in the General Fund and the remainder
shall be deposited in the Emissions Enterprise
Fund. The ten-dollar fee imposed pursuant to this
subsection shall terminate at the expiration of
the negotiated agreement in effect on June 1,
1992. The commissioner shall then establish a
temporary inspection fee to remain in effect until
such time as the General Assembly establishes a
new fee.
Sec. 6. Subsection (a) of section 14-166 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) [No certificate of title need be obtained
for] THE ACQUISITION OF A CERTIFICATE OF TITLE
SHALL NOT BE REQUIRED AND THE ISSUANCE OF A
CERTIFICATE OF TITLE BY THE COMMISSIONER OF MOTOR
VEHICLES SHALL NOT BE REQUIRED FOR THE FOLLOWING:
(1) A vehicle owned by the United States, unless
it is registered in this state; (2) a vehicle
owned by a manufacturer or dealer and held for
sale, even though incidentally moved on the
highway or used for purposes of testing or
demonstration; or a vehicle used by a manufacturer
solely for testing; (3) a vehicle owned by a
nonresident of this state and not required by law
to be registered in this state; (4) a vehicle
regularly engaged in the interstate transportation
of persons or property for which a currently
effective certificate of title has been issued in
another state; (5) a vehicle moved solely by
animal power; (6) an implement of husbandry; (7)
special mobile equipment; (8) a self-propelled
wheel chair or invalid tricycle; (9) any trailer
having a gross weight not in excess of three
thousand pounds; [(10) any vehicle, manufactured
prior to 1970, excluding commercial tractors and
including, but not limited to, commercial vehicles
having a gross weight not in excess of eighteen
thousand pounds; (11)] (10) any vehicle for which
a temporary registration has been issued pursuant
to section 14-12 for the purpose of permitting a
nonresident owner who purchases a vehicle in
Connecticut to transport such vehicle to such
owner's home state; [(12)] (11) a motor vehicle
owned by the state or any town, city or borough
within the state; [(13)] (12) a motor vehicle
registered temporarily for inspection purposes
pursuant to section 14-12. THE ACQUISITION OF A
CERTIFICATE OF TITLE FOR ANY VEHICLE MANUFACTURED
PRIOR TO 1981 SHALL NOT BE REQUIRED. THE
COMMISSIONER, IN HIS DISCRETION, MAY ISSUE SUCH
CERTIFICATE OF TITLE FOR SUCH A VEHICLE.
Sec. 7. Section 1 of public act 97-236 is
repealed and the following is substituted in lieu
thereof:
The Commissioner of Motor Vehicles, at the
request of any veteran, as defined in subsection
(a) of section 27-103, or the surviving spouse of
such veteran, shall register any [passenger] motor
vehicle owned or leased for a period of at least
one year by such person and shall issue a special
certificate of registration and a set of number
plates for each such vehicle. The plates shall
expire and be renewed as provided in section
14-22. The commissioner shall charge a fee for
such plates which shall cover the entire cost of
making the same and which shall be in addition to
the fee for registration of [the] SUCH motor
vehicle.
Sec. 8. Subsection (g) of section 13b-59 of
the general statutes, as amended by section 7 of
public act 97-62, is repealed and the following is
substituted in lieu thereof:
(g) "Motor vehicle related fines, penalties or
other charges" means all fines, penalties or other
charges required by, or levied pursuant to
subsection (a) of section 14-12, sections 14-13,
14-16, 14-17, 14-18, 14-26, 14-27, AS AMENDED and
14-29, subsection (d) of section 14-35 and
sections 14-36, AS AMENDED, 14-39, 14-43, 14-45,
14-64, 14-80, 14-81, 14-82, 14-97, 14-98, 14-99,
14-101, 14-102, 14-103, 14-104, 14-105, 14-106,
14-110, 14-111, 14-112, 14-137a, 14-140, 14-145,
14-146, 14-147, 14-148, 14-149, 14-150, 14-151,
14-152, 14-161, [14-164a,] 14-196, 14-197, 14-198,
14-213, 14-214, AS AMENDED, 14-215, AS AMENDED,
14-216, 14-217, 14-218a, 14-219, 14-220, 14-221,
14-222, 14-223, 14-224, AS AMENDED, 14-225,
14-226, 14-228, 14-230, 14-231, 14-232, 14-233,
14-234, 14-235, 14-236, 14-237, 14-238, 14-239,
14-240, 14-241, 14-242, 14-243, 14-244, 14-245,
14-246a, 14-247, 14-249, 14-250, 14-257, 14-260,
14-261, 14-262, AS AMENDED, 14-264, 14-267a,
14-269, subsection (f) of section 14-270, sections
14-271, 14-273, 14-274, 14-275, 14-276, 14-277,
14-279, 14-280, 14-281, 14-282, 14-283, 14-285,
14-286, AS AMENDED, 14-295, 14-296, 14-300,
14-314, 14-329, 14-331, 14-342, 14-386, 14-386a,
14-387, 15-7, 15-8, 15-9, 15-16, 15-25 and 15-33.
Sec. 9. (NEW) (a) On and after January 1,
1999, the Commissioner of Motor Vehicles shall
issue Amistad commemorative number plates of a
design to enhance public awareness of the 1839
uprising against the crew of the Spanish slave
schooner, The Amistad. Said design shall be
determined by the Commissioner of Motor Vehicles.
No use shall be made of such plates except as
official registration marker plates.
(b) The Commissioner of Motor Vehicles shall
adopt regulations, in accordance with chapter 54
of the general statutes, which shall provide for a
one-time fee of fifty dollars to be charged for
Amistad commemorative number plates, in addition
to the regular fee or fees prescribed for the
registration of a motor vehicle. Fifteen dollars
of such one-time fee shall be deposited in an
account controlled by the Department of Motor
Vehicles to be used for administrative costs of
carrying out the provisions of this subsection.
Such number plates shall have letters and numbers
selected by the Commissioner of Motor Vehicles.
The Commissioner of Motor Vehicles may establish a
higher fee for: (1) Such number plates which
contain letters in place of numbers as authorized
by section 14-49 of the general statutes, as
amended, in addition to the fee or fees prescribed
for plates issued under said section 14-49; and
(2) such number plates which are low number
plates, in accordance with section 14-160 of the
general statutes, in addition to the fee or fees
prescribed for plates issued under said section
14-160. All fees established and collected
pursuant to this section, except moneys designated
for administrative costs of the Department of
Motor Vehicles, shall be deposited in the Amistad
commemorative account established pursuant to
section 10 of this act.
(c) No additional renewal fee shall be charged
for renewal of registration for any motor vehicle
bearing Amistad commemorative number plates which
contain letters in place of numbers, or low number
plates, in excess of the renewal fee for Amistad
commemorative number plates with letters and
numbers selected by the Commissioner of Motor
Vehicles. No transfer fee shall be charged for
transfer of an existing registration to or from a
registration with Amistad commemorative number
plates.
(d) The Commissioner of Motor Vehicles shall
adopt regulations in accordance with the
provisions of chapter 54 of the general statutes,
to establish standards and procedures for the
issuance, renewal and replacement of Amistad
commemorative number plates.
Sec. 10. (a) There is established an account
to be known as the "Amistad commemorative account"
which shall be a separate, nonlapsing account
within the General Fund. The account shall contain
any moneys required by law to be deposited in the
account.
(b) The moneys in said account shall be
expended by the Secretary of the Office of Policy
and Management for the purposes of: (1) Innovative
community programs to further the goal of
informing the public of the 1839 uprising against
the crew of the Spanish slave schooner, The
Amistad, and the United States Supreme Court case
that arose from such uprising; (2) allocation of
grants to agencies, institutions or persons to
conduct research, provide public education,
establish outreach programs and enhance public
awareness of the Amistad uprising and its place in
Connecticut's history; and (3) reimbursement to
the Department of Motor Vehicles for the cost of
producing, issuing, renewing and replacing Amistad
commemorative number plates, including
administrative expenses, pursuant to section 9 of
this act.
(c) The Secretary of the Office of Policy and
Management may receive private donations to said
account and any such receipts shall be deposited
in said account.
(d) The Commissioner of Motor Vehicles may
provide for the reproduction and marketing of the
Amistad commemorative number plate image for use
on clothing, recreational equipment, posters,
mementoes or other products or programs deemed by
the commissioner to be suitable as a means of
supporting the Amistad commemorative account. Any
moneys received by the commissioner from such
marketing shall be deposited in said account.
Sec. 11. (a) There is established a task force
to study reflectorized safety number plates,
within available appropriations. The task force
shall study the feasibility of a state-wide
license plate reissuance for passenger and
commercial vehicles. Such study shall include, but
not be limited to: (1) The impact on the reduction
of unregistered and uninsured motor vehicles; (2)
the impact on state and local revenue; (3) the
rescheduling of the current time table for
registration renewals; (4) the prevention of
registration sticker theft; and (5) the benefits
of adopting the use of a fully reflectorized
safety number plate.
(b) The task force shall consist of the
following members:
(1) The Commissioner of Motor Vehicles, or his
designee, (2) the Commissioner of Public Safety,
or his designee, (3) the Commissioner of
Correction, or his designee, (4) the Secretary of
the Office of Policy and Management, or his
designee, (5) a representative of the Connecticut
Chiefs of Police Association, appointed by the
Commissioner of Motor Vehicles, (6) a
representative of a police trooper organization,
appointed by the Commissioner of Motor Vehicles
and (7) a representative of a driving safety
advocacy group, appointed by the Commissioner of
Motor Vehicles.
(c) All appointments to the task force shall
be made no later than thirty days after the
effective date of this section. Any vacancy shall
be filled by the appointing authority. The task
force shall elect the chairperson at its first
meeting from among its members.
(d) Not later than January 1, 1999, the task
force shall submit a report on its findings and
recommendations to the Department of Motor
Vehicles and the joint standing committee of the
General Assembly having cognizance of matters
relating to transportation, in accordance with the
provisions of section 11-4a of the general
statutes. The task force shall terminate on the
date that it submits such report or January 1,
1999, whichever is earlier.
Sec. 12. Section 14-111g of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) For the purposes of this subsection,
"moving violation" means any violation of section
14-218a, 14-219, 14-222, [14-222a,] 14-223,
[14-224,] subsection [(a) or (b) of section] (b)
OF SECTION 14-227a, 14-230 to 14-249, inclusive,
14-279, 14-289b, 14-299, 14-301, 14-302, 14-303,
[53a-56b, 53a-57 or 53a-60d] AND "SUSPENSION
VIOLATION" MEANS A VIOLATION OF SECTION 14-222a,
14-224, SUBSECTION (a) OF SECTION 14-227a, SECTION
53a-56b, 53a-57 OR 53a-60d. The Commissioner of
Motor Vehicles may require any licensed motor
vehicle operator WHO IS TWENTY-FOUR YEARS OF AGE
OR LESS, who has been convicted of a moving
violation OR A SUSPENSION VIOLATION, OR BOTH,
committed on two or more occasions to attend a
motor vehicle operator's retraining program. THE
COMMISSIONER MAY REQUIRE ANY LICENSED MOTOR
VEHICLE OPERATOR OVER TWENTY-FOUR YEARS OF AGE,
WHO HAS BEEN CONVICTED OF A MOVING VIOLATION OR A
SUSPENSION VIOLATION OR A COMBINATION OF SAID
VIOLATIONS, COMMITTED ON THREE OR MORE OCCASIONS
TO ATTEND A MOTOR VEHICLE OPERATOR'S RETRAINING
PROGRAM. The retraining program shall (1) review
principles of motor vehicle operation, [and the
need to practice safe driving behavior and] (2)
DEVELOP ALTERNATIVE ATTITUDES FOR THOSE ATTITUDES
CONTRIBUTING TO AGGRESSIVE DRIVING BEHAVIOR AND
(3) EMPHASIZE THE NEED TO PRACTICE SAFE DRIVING
BEHAVIOR. THE RETRAINING PROGRAM shall be offered
by the Department of Motor Vehicles or by any
other organization conducting such a program
certified by the commissioner. The commissioner
shall notify such operator, in writing, of such
requirement. A fee of not more than [fifty] SIXTY
dollars shall be charged for the retraining
program. The commissioner, after notice and
opportunity for hearing, may suspend the motor
vehicle operator's license of any such operator
who fails to attend or successfully complete the
program until the operator successfully completes
the program. The hearing shall be limited to any
claim of impossibility of the operator to attend
the retraining program, or to a determination of
mistake or misidentification.
(b) THE COMMISSIONER, AFTER NOTIFICATION OF
AND APPROVAL BY THE SECRETARY OF THE OFFICE OF
POLICY AND MANAGEMENT, MAY DEDUCT AND RETAIN FROM
THE FEES COLLECTED IN ACCORDANCE WITH SUBSECTION
(a) OF THIS SECTION, AN AMOUNT NOT TO EXCEED TEN
DOLLARS PER FEE, FOR THE COST OF IMPLEMENTING THE
MOTOR VEHICLE RETRAINING PROGRAM ESTABLISHED IN
SUBSECTION (a) OF THIS SECTION.
[(b)] (c) The commissioner shall adopt
regulations in accordance with chapter 54 to
implement the provisions of [subsection]
SUBSECTIONS (a) AND (b) of this section.
Sec. 13. Subsection (b) of section 14-111 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) (1) Whenever the holder of any motor
vehicle operator's license has been convicted or
has forfeited any bond taken or has received a
suspended judgment or sentence for any of the
following violations, the commissioner shall,
without hearing, suspend his operator's license as
follows: For a first violation of subsection (a)
of section 14-224 or section 14-110, 14-215 or
53a-119b, for a period of not less than one year
and, for a subsequent violation thereof, for a
period of not less than five years; for a
violation of subsection (a) of section 14-222, for
a period of not less than thirty days nor more
than ninety days and, for a subsequent violation
thereof, for a period of not less than ninety
days; for a first violation of section 14-145, for
a period of not less than six months and, for a
subsequent violation thereof, for a period of not
less than five years; for a violation of
subsection (b) of section 14-224, for a period of
not less than ninety days; for a first violation
of subsection (b) of section 14-147, for a period
of not less than ninety days and, for a subsequent
violation thereof, for a period of not less than
five years; for a first violation of subsection
(c) of section 14-147, for a period of not less
than thirty days and, for a subsequent violation
thereof, for a period of not less than one year.
(2) THE COMMISSIONER MAY SUSPEND THE MOTOR
VEHICLE OPERATOR'S LICENSE OF ANY PERSON (A) WHO
WAS ARRESTED FOR A FELONY, AND (B) FOR WHOM THERE
IS AN OUTSTANDING WARRANT FOR REARREST FOR FAILING
TO APPEAR WHEN LEGALLY CALLED WITH REGARD TO SUCH
FELONY. THE SUSPENSION SHALL TERMINATE NO LATER
THAN THE DATE ON WHICH SUCH PERSON APPEARS BEFORE
THE COURT WITH REGARD TO SUCH FELONY OR SUCH
FAILURE TO APPEAR.
Sec. 14. Section 13a-111 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The party bound to maintain any bridge or
highway shall erect and maintain a sufficient
railing or fence on the sides of such bridge and
on the sides of such parts of such road as are so
made or raised above the ground as to be unsafe
for travel. [The commissioner shall promulgate
regulations containing] THE specifications for
railings or fences on state highways or bridges
required to be erected and maintained pursuant to
this section [and a railing or fence] SHALL BE
constructed equal to, or better than, [said] THE
CURRENT specifications and POLICIES APPROVED BY
THE COMMISSIONER OF TRANSPORTATION FOR THE
INSTALLATION AND MAINTENANCE OF ROADSIDE
APPURTENANCES. A RAILING OR FENCE THAT IS
reasonably maintained under said specifications
shall be deemed sufficient under the provisions of
this section.
Sec. 15. Section 15-11a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any owner, agent or operator of any
vessel, scow, lighter or similar floating
structure lying within the limits of any river or
harbor who [, without first obtaining a permit
from the Commissioner of Transportation pursuant
to subsection (b) of this section,] causes or
permits the same to be broken or altered to such
an extent that it will not keep afloat with
ordinary care, or grounds such craft or leaves any
part thereof in any river or harbor, shall be
fined not more than five hundred dollars or
imprisoned not more than six months or both and
[said commissioner] THE COMMISSIONER OF
TRANSPORTATION may cause such vessel, scow,
lighter or similar floating structure to be
removed at the expense of such owner, agent or
operator and may recover the expense of such
removal, together with the costs and expenses
incident to such removal, including legal expenses
and court costs incurred in such recovery, from
the owner, agent or operator of such vessel in an
action founded upon this section. After
consultation with the Commissioner of
Transportation, the Commissioner of Environmental
Protection may consider any such sunken or
grounded vessel, scow, lighter or similar
structure to be an encroachment subject to the
provisions of sections 22a-359 to 22a-363,
inclusive.
(b) The [commissioner shall establish a fee
for permits issued pursuant to subsection (a) of
this section to defray the costs of administering
this section and shall] COMMISSIONER OF
TRANSPORTATION MAY require the [applicant for such
permit] OWNER, AGENT OR OPERATOR to furnish a
performance bond in an amount sufficient to cover
the estimated costs of removal as determined by
the commissioner.
Sec. 16. Section 14-99h of the general
statutes, as amended by section 13 of public act
97-236, is amended by adding subsections (c), (d)
and (e) as follows:
(NEW) (c) A motor vehicle dealer, licensed in
accordance with section 14-52 and meeting
qualifications established by the commissioner,
may verify a manufacturer's vehicle identification
number to satisfy any provision requiring such
verification in chapter 246, 246a or 247. Such
verification shall be provided in a written
affidavit signed by such a motor vehicle dealer,
or his designee, and submitted to the
commissioner. Such affidavit shall contain a
statement that the manufacturer's vehicle
identification number corresponds to such number
(1) on the manufacturer's or importer's
certificate of origin, if the motor vehicle is
new, or (2) on a current certificate of title, for
all other vehicles. Such affidavit shall also
contain a statement that the vehicle
identification number has not been mutilated,
altered or removed.
(NEW) (d) Any person violating the provisions
of subsection (c) of this section, shall be
subject to the penalties of false statement,
provided for in sections 14-110 and 53a-157b.
(NEW) (e) The commissioner may adopt
regulations, in accordance with chapter 54, to
implement the provisions of this section.
Sec. 17. Subsection (c) of section 14-164c of
the general statutes, as amended by section 1 of
public act 97-82 and section 15 of public act
97-236, is repealed and the following is
substituted in lieu thereof:
(c) The commissioner shall adopt regulations
in accordance with chapter 54 to implement the
provisions of this section. Such regulations shall
include provision for a periodic emissions
inspection and compliance or waiver with exhaust
emission standards, air pollution control system
integrity standards and purge system standards
defined by the Commissioner of Environmental
Protection for all motor vehicles registered or
which will be registered in this state except: (1)
Vehicles having a gross weight of more than ten
thousand pounds; (2) vehicles powered by
electricity; (3) bicycles with motors attached;
(4) motorcycles; (5) vehicles operating with a
temporary registration; (6) vehicles manufactured
before the 1968 model year; (7) new vehicles at
the time of initial registration; (8) vehicles
registered but not designed primarily for highway
use; (9) farm vehicles, as defined in subsection
(q) of section 14-49; (10) antique, rare or
special interest motor vehicles, as defined in
section 14-1; (11) diesel-powered type II school
buses; (12) A VEHICLE OPERATED BY A LICENSED
DEALER OR REPAIRER EITHER TO OR FROM A LOCATION OF
THE PURCHASE OR SALE OF SUCH VEHICLE OR FOR THE
PURPOSE OF OBTAINING AN OFFICIAL EMISSIONS OR
SAFETY INSPECTION. The commissioner may require
emissions inspection and compliance or waiver
prior to completion of the sale and registration
of a motor vehicle over one year old. If the
Commissioner of Environmental Protection finds
that it is necessary to inspect motor vehicles
which are exempt under subdivision (1) of this
subsection in order to achieve compliance with
federal law concerning emission reduction
requirements, the Commissioner of Motor Vehicles
may adopt regulations, in accordance with the
provisions of chapter 54, to require the
inspection of motorcycles or designated motor
vehicles having a gross weight of more than ten
thousand pounds.
Sec. 18. Section 14-62 of the general
statutes, as amended by section 1 of public act
97-51, is repealed and the following is
substituted in lieu thereof:
(a) Each sale shall be evidenced by an order
properly signed by both the buyer and seller, a
copy of which shall be furnished to the buyer when
executed, and an invoice upon delivery of the
motor vehicle, both of which shall contain the
following information: (1) Make of vehicle; (2)
year of model, whether sold as new or used, and on
invoice the identification number; (3) deposit,
and (A) if the deposit is not refundable, the
words "No Refund of Deposit" shall appear at this
point, and (B) if the deposit is conditionally
refundable, the words "Conditional Refund of
Deposit" shall appear at this point, followed by a
statement giving the conditions for refund, and
(C) if the deposit is unconditionally refundable,
the words "Unconditional Refund" shall appear at
this point; (4) cash selling price; (5) finance
charges, and (A) if these charges do not include
insurance, the words "No Insurance" shall appear
at this point, and (B) if these charges include
insurance, a statement shall appear at this point
giving the exact type of coverage; (6) allowance
on motor vehicle traded in, if any, and
description of the same; (7) stamped or printed in
a size equal to at least ten-point bold type on
the face of both order and invoice one of the
following forms: (A) "This motor vehicle not
guaranteed", or (B) "This motor vehicle is
guaranteed", followed by a statement as to the
terms of such guarantee, which statement shall not
apply to household furnishings of any trailer; (8)
if the motor vehicle is new but has been subject
to use by the seller or use in connection with his
business as a dealer, the word "demonstrator"
shall be clearly displayed on the face of both
order and invoice; (9) ANY DEALER CONVEYANCE FEE
OR PROCESSING FEE AND A STATEMENT THAT SUCH FEE IS
NOT PAYABLE TO THE STATE OF CONNECTICUT PRINTED IN
AT LEAST TEN-POINT BOLD TYPE ON THE FACE OF BOTH
ORDER AND INVOICE. FOR THE PURPOSES OF THIS
SUBDIVISION, "DEALER CONVEYANCE FEE" OR
"PROCESSING FEE" MEANS A FEE CHARGED BY A DEALER
TO RECOVER REASONABLE COSTS FOR PROCESSING ALL
DOCUMENTATION AND PERFORMING SERVICES RELATED TO
THE CLOSING OF A SALE, INCLUDING, BUT NOT LIMITED
TO, THE REGISTRATION AND TRANSFER OF OWNERSHIP OF
THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THE
SALE.
(b) No dealer shall include in the selling
price a dealer preparation charge for any item or
service for which he is reimbursed by the
manufacturer or any item or service not
specifically ordered by the buyer and itemized on
the invoice.
(c) EACH DEALER SHALL PROVIDE A WRITTEN
STATEMENT TO THE BUYER OR PROMINENTLY DISPLAY A
SIGN IN THE AREA OF HIS PLACE OF BUSINESS IN WHICH
SALES ARE NEGOTIATED WHICH SHALL SPECIFY THE
AMOUNT OF ANY CONVEYANCE OR PROCESSING FEE CHARGED
BY SUCH DEALER, THE SERVICES PERFORMED BY THE
DEALER FOR SUCH FEE, THAT SUCH FEE IS NOT PAYABLE
TO THE STATE OF CONNECTICUT AND THAT THE BUYER MAY
ELECT, WHERE APPROPRIATE, TO SUBMIT THE
DOCUMENTATION REQUIRED FOR THE REGISTRATION AND
TRANSFER OF OWNERSHIP OF THE MOTOR VEHICLE WHICH
IS THE SUBJECT OF THE SALE TO THE COMMISSIONER OF
MOTOR VEHICLES, IN WHICH CASE THE DEALER SHALL
REDUCE SUCH FEE BY A PROPORTIONAL AMOUNT. THE
COMMISSIONER OF MOTOR VEHICLES SHALL DETERMINE THE
SIZE, TYPEFACE AND ARRANGEMENT OF SUCH
INFORMATION.
[(c)] (d) No dealer licensed under the
provisions of section 14-52 shall sell any used
motor vehicle without furnishing to the buyer, at
the time of sale, a valid certificate of title,
the assignment and warranty of title by such
dealer or other evidence of title issued by
another state or country, where applicable,
disclosing the existence of any lien, security
interest in or other encumbrance on the vehicle.
[(d)] (e) The provisions of subsection [(c)]
(d) of this section shall not apply to the sale of
any used motor vehicle by a new car dealer to a
person, firm or corporation which, pursuant to a
lease contract option, purchases such vehicle at
the end of the lease term provided (1) such
vehicle is registered in this state in accordance
with the provisions of section 14-12, AS AMENDED
BY THIS ACT, (2) the certificate of title for such
vehicle is in the possession of a lessor licensed
under the provisions of section 14-15, (3)
subsequent to such sale, such vehicle is
registered in the name of the prior lessee and (4)
such dealer obtains the certificate of title from
such lessor and transmits all necessary documents
and fees to the commissioner not later than five
days following the issuance of a motor vehicle
registration for such vehicle.
Sec. 19. Subsection (a) of section 14-62a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) No [new car dealer, as defined by section
14-51,] DEALER LICENSED UNDER THE PROVISIONS OF
SECTION 14-52 shall advertise the price of any
motor vehicle unless the stated price in such
advertisement includes the federal tax, the cost
of delivery, dealer preparation and any other
charges of any nature, except THAT SUCH
ADVERTISEMENT SHALL STATE IN AT LEAST EIGHT-POINT
BOLD TYPE THAT any state or local tax, [or]
registration fees OR DEALER CONVEYANCE FEE OR
PROCESSING FEE, AS DEFINED IN SUBSECTION (a) OF
SECTION 14-62, AS AMENDED BY THIS ACT, IS EXCLUDED
FROM SUCH STATED PRICE.
Sec. 20. Section 14-227b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person who operates a motor vehicle in
this state shall be deemed to have given his
consent to a chemical analysis of his blood,
breath or urine and, if said person is a minor,
his parent or parents or guardian shall also be
deemed to have given his consent.
(b) If any such person, having been placed
under arrest for operating a motor vehicle while
under the influence of intoxicating liquor or any
drug or both or while his ability to operate such
motor vehicle is impaired by the consumption of
intoxicating liquor, and thereafter, after being
apprised of his constitutional rights, having been
requested to submit to a blood, breath or urine
test at the option of the police officer, having
been afforded a reasonable opportunity to
telephone an attorney prior to the performance of
such test and having been informed that his
license or nonresident operating privilege may be
suspended in accordance with the provisions of
this section if he refuses to submit to such test
or if he submits to such test and the results of
such test indicate that the ratio of alcohol in
his blood was ten-hundredths of one per cent or
more of alcohol, by weight, and that evidence of
any such refusal shall be admissible in accordance
with subsection (f) of section 14-227a and may be
used against him in any criminal prosecution,
refuses to submit to the designated test, the test
shall not be given; provided, if the person
refuses or is unable to submit to a blood test,
the police officer shall designate the breath or
urine test as the test to be taken. The police
officer shall make a notation upon the records of
the police department that he informed the person
that his license or nonresident operating
privilege may be suspended if he refused to submit
to such test or if he submitted to such test and
the results of such test indicated that the ratio
of alcohol in his blood was ten-hundredths of one
per cent or more of alcohol, by weight.
(c) If the person arrested refuses to submit
to such test or analysis or submits to such test
or analysis, commenced within two hours of the
time of operation, and the results of such test or
analysis indicate that the ratio of alcohol in the
blood of such person is ten-hundredths of one per
cent or more of alcohol, by weight, the police
officer, acting on behalf of the Commissioner of
Motor Vehicles, shall immediately revoke and take
possession of the motor vehicle operator's license
or, if such person is a nonresident, suspend the
nonresident operating privilege of such person,
for a twenty-four-hour period and shall issue a
temporary operator's license or nonresident
operating privilege to such person valid for the
period commencing twenty-four hours after issuance
and ending thirty days after the date such person
received notice of his arrest by the police
officer. The police officer shall prepare a
written report of the incident and shall mail the
report together with a copy of the completed
temporary license form, any operator's license
taken into possession and a copy of the results of
any chemical test or analysis to the Department of
Motor Vehicles within three business days. The
report shall be made on a form approved by the
Commissioner of Motor Vehicles and shall be
subscribed and sworn to under penalty of false
statement as provided in section 53a-157b by the
arresting officer. If the person arrested refused
to submit to such test or analysis, the report
shall be endorsed by a third person who witnessed
such refusal. The report shall set forth the
grounds for the officer's belief that there was
probable cause to arrest such person for operating
a motor vehicle while under the influence of
intoxicating liquor or any drug or both or while
his ability to operate such motor vehicle is
impaired by the consumption of intoxicating
liquor, and shall state that such person had
refused to submit to such test or analysis when
requested by such police officer to do so or that
such person submitted to such test or analysis,
commenced within two hours of the time of
operation, and the results of such test or
analysis indicated that the ratio of alcohol in
the blood of such person was ten-hundredths of one
per cent or more of alcohol, by weight.
(d) IF THE PERSON ARRESTED SUBMITS TO A BLOOD
OR URINE TEST AT THE REQUEST OF THE POLICE
OFFICER, AND THE SPECIMEN REQUIRES LABORATORY
ANALYSIS IN ORDER TO OBTAIN THE TEST RESULTS, THE
POLICE OFFICER SHALL NOT TAKE POSSESSION OF THE
MOTOR VEHICLE OPERATOR'S LICENSE OF SUCH PERSON
OR, EXCEPT AS PROVIDED IN THIS SUBSECTION, FOLLOW
THE PROCEDURES SUBSEQUENT TO TAKING POSSESSION OF
THE OPERATOR'S LICENSE AS SET FORTH IN SUBSECTION
(c) OF THIS SECTION. IF THE TEST RESULTS INDICATE
THAT THE RATIO OF ALCOHOL IN THE BLOOD OF SUCH
PERSON WAS TEN-HUNDREDTHS OF ONE PER CENT OR MORE
OF ALCOHOL, BY WEIGHT, THE POLICE OFFICER,
IMMEDIATELY UPON RECEIPT OF THE TEST RESULTS,
SHALL NOTIFY THE COMMISSIONER OF MOTOR VEHICLES
AND SUBMIT TO THE COMMISSIONER THE WRITTEN REPORT
REQUIRED PURSUANT TO SUBSECTION (c) OF THIS
SECTION.
[(d)] (e) Upon receipt of such report, the
Commissioner of Motor Vehicles may suspend any
license or nonresident operating privilege of such
person effective as of a date certain, which date
shall be not later than thirty days after the date
such person received notice of his arrest by the
police officer. Any person whose license or
operating privilege has been suspended in
accordance with this subsection shall
automatically be entitled to a hearing before the
commissioner to be held prior to the effective
date of the suspension. The commissioner shall
send a suspension notice to such person informing
such person that his operator's license or
nonresident operating privilege is suspended as of
a date certain and that he is entitled to a
hearing prior to the effective date of the
suspension and may schedule such hearing by
contacting the Department of Motor Vehicles not
later than seven days after the date of mailing of
such suspension notice.
[(e)] (f) If such person does not contact the
department to schedule a hearing, the commissioner
shall affirm the suspension contained in the
suspension notice for the appropriate period
specified in subsection [(h)] (i) of this section.
[(f)] (g) If such person contacts the
department to schedule a hearing, the department
shall assign a date, time and place for the
hearing, which date shall be prior to the
effective date of the suspension. At the request
of such person or the hearing officer and upon a
showing of good cause, the commissioner may grant
one continuance for a period not to exceed fifteen
days. If a continuance is granted, the
commissioner shall extend the validity of the
temporary operator's license or nonresident
operating privilege issued pursuant to subsection
(c) of this section for a period not to exceed the
period of such continuance. The hearing shall be
limited to a determination of the following
issues: (1) Did the police officer have probable
cause to arrest the person for operating a motor
vehicle while under the influence of intoxicating
liquor or drug or both or while his ability to
operate such motor vehicle was impaired by the
consumption of intoxicating liquor; (2) was such
person placed under arrest; (3) did such person
refuse to submit to such test or analysis or did
such person submit to such test or analysis,
commenced within two hours of the time of
operation, and the results of such test or
analysis indicated that the ratio of alcohol in
the blood of such person was ten-hundredths of one
per cent or more of alcohol, by weight; and (4)
was such person operating the motor vehicle. In
the hearing, the results of the test or analysis
shall be sufficient to indicate the ratio of
alcohol in the blood of such person at the time of
operation, except that if the results of the
additional test indicate that the ratio of alcohol
in the blood of such person is twelve-hundredths
of one per cent or less of alcohol, by weight, and
is higher than the results of the first test,
evidence shall be presented that demonstrates that
the test results and analysis thereof accurately
indicate the blood alcohol content at the time of
operation. The fees of any witness summoned to
appear at the hearing shall be the same as
provided by the general statutes for witnesses in
criminal cases.
[(g)] (h) If, after such hearing, the
commissioner finds on any one of the said issues
in the negative, the commissioner shall reinstate
such license or operating privilege. If, after
such hearing, the commissioner does not find on
any one of the said issues in the negative or if
such person fails to appear at such hearing, the
commissioner shall affirm the suspension contained
in the suspension notice for the appropriate
period specified in subsection [(h)] (i) of this
section. The commissioner shall render a decision
at the conclusion of such hearing or send a notice
of his decision by bulk certified mail to such
person not later than thirty days or, if a
continuance is granted, not later than forty-five
days from the date such person received notice of
his arrest by the police officer. The notice of
such decision sent by certified mail to the
address of such person as shown by the records of
the commissioner shall be sufficient notice to
such person that his operator's license or
nonresident operating privilege is reinstated or
suspended, as the case may be. Unless a
continuance of the hearing is granted pursuant to
subsection [(f)] (g) of this section, if the
commissioner fails to render a decision within
thirty days from the date such person received
notice of his arrest by the police officer, the
commissioner shall reinstate such person's
operator's license or nonresident operating
privilege, provided notwithstanding such
reinstatement the commissioner may render a
decision not later than two days thereafter
suspending such operator's license or nonresident
operating privilege.
[(h)] (i) The commissioner shall suspend the
operator's license or nonresident operating
privilege, and revoke the temporary operator's
license or nonresident operating privilege issued
pursuant to subsection (c) of this section, of a
person who did not contact the department to
schedule a hearing, who failed to appear at a
hearing or against whom, after a hearing, the
commissioner held pursuant to subsection [(g)] (h)
of this section, as of the effective date
contained in the suspension notice or the date the
commissioner renders his decision, whichever is
later, for a period of: (1) (A) Ninety days, if
such person submitted to a test or analysis and
the results of such test or analysis indicated
that the ratio of alcohol in the blood of such
person was ten-hundredths of one per cent or more
of alcohol, by weight, or (B) six months if such
person refused to submit to such test or analysis,
(2) one year if such person has previously had his
operator's license or nonresident operating
privilege suspended under this section, and (3)
two years if such person has two or more times
previously had his operator's license or
nonresident operating privilege suspended under
this section.
(j) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTIONS (b) TO (i), INCLUSIVE, OF THIS
SECTION, ANY POLICE OFFICER WHO OBTAINS THE
RESULTS OF A CHEMICAL ANALYSIS OF A BLOOD SAMPLE
TAKEN FROM AN OPERATOR OF A MOTOR VEHICLE INVOLVED
IN AN ACCIDENT WHO SUFFERED OR ALLEGEDLY SUFFERED
PHYSICAL INJURY IN SUCH ACCIDENT SHALL NOTIFY THE
COMMISSIONER OF MOTOR VEHICLES AND SUBMIT TO THE
COMMISSIONER A WRITTEN REPORT IF SUCH RESULTS
INDICATE THAT THE RATIO OF ALCOHOL IN THE BLOOD OF
SUCH PERSON WAS TEN-HUNDREDTHS OF ONE PER CENT OR
MORE OF ALCOHOL, BY WEIGHT, AND IF SUCH PERSON WAS
ARRESTED FOR VIOLATION OF SECTION 14-227a IN
CONNECTION WITH SUCH ACCIDENT. THE REPORT SHALL BE
MADE ON A FORM APPROVED BY THE COMMISSIONER
CONTAINING SUCH INFORMATION AS THE COMMISSIONER
PRESCRIBES, AND SHALL BE SUBSCRIBED AND SWORN TO
UNDER PENALTY OF FALSE STATEMENT, AS PROVIDED IN
SECTION 53a-157b, BY THE POLICE OFFICER. THE
COMMISSIONER MAY, AFTER NOTICE AND AN OPPORTUNITY
FOR HEARING, WHICH SHALL BE CONDUCTED IN
ACCORDANCE WITH CHAPTER 54, SUSPEND THE MOTOR
VEHICLE OPERATOR'S LICENSE OR NONRESIDENT
OPERATING PRIVILEGE OF SUCH PERSON FOR A PERIOD OF
UP TO NINETY DAYS, OR, IF SUCH PERSON HAS
PREVIOUSLY HAD HIS OPERATOR'S LICENSE OR
NONRESIDENT OPERATING PRIVILEGE SUSPENDED UNDER
THIS SECTION FOR A PERIOD OF UP TO ONE YEAR. EACH
HEARING CONDUCTED UNDER THIS SUBSECTION SHALL BE
LIMITED TO A DETERMINATION OF THE FOLLOWING
ISSUES: (1) WHETHER THE POLICE OFFICER HAD
PROBABLE CAUSE TO ARREST THE PERSON FOR OPERATING
A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF
INTOXICATING LIQUOR OR DRUG OR BOTH OR WHILE THE
PERSON'S ABILITY TO OPERATE THE MOTOR VEHICLE WAS
IMPAIRED BY THE CONSUMPTION OF INTOXICATING
LIQUOR; (2) WHETHER SUCH PERSON WAS PLACED UNDER
ARREST; (3) WHETHER SUCH PERSON WAS OPERATING THE
MOTOR VEHICLE; (4) WHETHER THE RESULTS OF THE
ANALYSIS OF THE BLOOD OF SUCH PERSON INDICATE THAT
THE RATIO OF ALCOHOL IN SUCH PERSON'S BLOOD WAS
TEN-HUNDREDTHS OF ONE PER CENT OR MORE OF ALCOHOL,
BY WEIGHT; AND (5) WHETHER THE BLOOD SAMPLE WAS
OBTAINED IN ACCORDANCE WITH CONDITIONS FOR
ADMISSIBILITY AND COMPETENCE AS EVIDENCE AS SET
FORTH IN SUBSECTION (1) OF SECTION 14-227a. IF,
AFTER SUCH HEARING, THE COMMISSIONER FINDS ON ANY
ONE OF THE SAID ISSUES IN THE NEGATIVE, THE
COMMISSIONER SHALL NOT IMPOSE A SUSPENSION. THE
FEES OF ANY WITNESS SUMMONED TO APPEAR AT THE
HEARING SHALL BE THE SAME AS PROVIDED BY THE
GENERAL STATUTES FOR WITNESSES IN CRIMINAL CASES,
AS PROVIDED IN SECTION 52-260.
[(i)] (k) The provisions of this section shall
apply with the same effect to the refusal by any
person to submit to an additional chemical test as
provided in subdivision (5) of subsection (c) of
section 14-227a.
[(j)] (l) The provisions of this section shall
not apply to any person whose physical condition
is such that, according to competent medical
advice, such test would be inadvisable.
[(k)] (m) The state shall pay the reasonable
charges of any physician who, at the request of a
municipal police department, takes a blood sample
for purposes of a test under the provisions of
this section.
[(l)] (n) The Commissioner of Motor Vehicles
shall adopt regulations in accordance with chapter
54 to implement the provisions of this section.
Sec. 21. Sections 13a-123a, 13b-20l, 13b-38f,
13b-345b and 14-296d of the general statutes are
repealed.
Sec. 22. This act shall take effect July 1,
1998, except that section 20 shall take effect
January 1, 1999.
Approved June 4, 1998