Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 5904

   
 

*HB0531205904HDO*

Offered by:

 

REP. GUERRERA, 29th Dist.

SEN. LEONE, 27th Dist.

SEN. BOUCHER, 26th Dist.

REP. CARNEY, 23rd Dist.

 

To: Subst. House Bill No. 5312

File No. 242

Cal. No. 175

"AN ACT CONCERNING RECOMMENDATIONS BY THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE MOTOR VEHICLE STATUTES."

In line 166, after "14-41," insert "as amended by this act,"

Strike sections 5, 6, 8, 15, 17 and 20 in their entirety and renumber the remaining sections and internal references accordingly

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 14-180 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

[If a] A dealer who buys a motor vehicle and holds [it] such vehicle for resale [and procures] shall complete, as the buyer, (1) the certificate of title from the owner or the lienholder, or [submits] (2) a statement on a form prescribed by the commissioner that the title of such vehicle is lost or destroyed in accordance with subsection (a) of section 14-171. [, the dealer need not send the certificate to the commissioner but, upon] Upon transferring [the] such vehicle to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of such lienholder's security agreement, in the spaces provided [therefor] on [the] such certificate or [as] on an ownership transfer document approved by the commissioner, [prescribes,] and mail or deliver [the] such certificate, or such statement and ownership transfer document, to the commissioner with the transferee's application for a new certificate. This section shall not apply to any motor vehicle that is not required to have a certificate of title and for which the commissioner has not issued a certificate of title.

Sec. 502. Subsection (c) of section 14-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(c) Upon receipt of a written report from any school bus operator [or an evidence file from a live digital video school bus violation detection monitoring system, as defined in section 14-279a,] specifying the license plate number, color and type of any vehicle observed by such operator [or recorded by a camera affixed to such school bus] violating any provision of subsection (a) of this section and the date, approximate time and location of such violation, a police officer shall issue a written warning or a summons to the owner of any such vehicle. [A photographic or digital still or video image that clearly shows the license plate number of a vehicle violating any provision of subsection (a) of this section shall be sufficient proof of the identity of such vehicle for purposes of subsection (b) of section 14-107.]

Sec. 503. Subsection (a) of section 14-279a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) As used in [subsection (c) of section 14-279,] this section and section 14-279b, as amended by this act, "live digital video school bus violation detection monitoring system" or "monitoring system" means a system with one or more camera sensors and computers that produce live digital and recorded video images of motor vehicles being operated in violation of section 14-279, as amended by this act. [Such] A monitoring system shall produce a live visual image that is viewable remotely and a recorded image of the license plate number of a motor vehicle violating [said] section 14-279, as amended by this act. Such recorded image shall indicate the date, time and location of the violation.

Sec. 504. Subsections (a) and (b) of section 14-279b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Whenever a violation of section 14-279, as amended by this act, is detected and recorded by a live digital video school bus violation detection monitoring system, a state or municipal police officer shall review the evidence file which shall include two or more digital photographs, recorded video or other recorded images and a signed affidavit of a person who witnessed such violation live. If, after such review, such officer determines that there are reasonable grounds to believe that a violation of [said] section 14-279, as amended by this act has occurred, such officer shall authorize the issuance of a summons for such alleged violation. If such officer authorizes the issuance of a summons for such alleged violation, the law enforcement agency shall, not later than ten days after the alleged violation, mail a summons to the registered owner of the motor vehicle together with a copy of two or more digital photographs, recorded video or other recorded images and a signed affidavit of a person who witnessed such violation live.

(b) As provided in subsection (b) of section 14-107, proof of the registration number of the motor vehicle therein concerned shall be prima facie evidence that the owner was the operator thereof, except that, in the case of a leased or rented motor vehicle, such proof shall be prima facie evidence that the lessee was the operator thereof. A photographic or digital still or video image that clearly shows the license plate number of a vehicle violating section 14-279, as amended by this act, shall be sufficient proof of the identify of such vehicle for purposes of subsection (b) of section 14-107.

Sec. 505. Subsection (a) of section 14-22 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) A motor vehicle registration issued pursuant to this chapter shall expire in accordance with schedules established by the commissioner. If the expiration date of the registration of the motor vehicle, except the registration of a motor vehicle used to transport passengers for hire, falls on any day when offices of the commissioner are closed for business, the registration shall be deemed valid for the operation of the motor vehicle until midnight of the next day on which offices of the commissioner are open for business. The commissioner shall prescribe the date and manner of renewing registrations. Not less than [forty-five] thirty days prior to the expiration of any valid registration, the department shall send or transmit, in such manner as the commissioner determines, an application for renewal to the registrant. In the case of a motor vehicle registered to a leasing company licensed pursuant to section 14-15, as amended by this act, the department may send or transmit, in such manner as the commissioner determines, an application for renewal of a leased vehicle to the lessee of such vehicle. The commissioner shall not be required to send or transmit a registrant's or lessee's application by mail if the United States Postal Service has determined that mail is undeliverable to such person at the address for such person that is in the records of the department. Except for the processing of such application at an official emissions inspection station as provided in subsection (b) of this section or by telephone as provided in subsection (c) of this section, the commissioner may require that the application be returned electronically or by mail in order to be processed and approved, with only such exceptions, on a hardship basis, as shall be established by the commissioner in regulations adopted pursuant to chapter 54.

Sec. 506. Subsection (a) of section 14-111g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) For the purposes of this subsection, "moving violation" means any violation of subsection (c) of section 14-36 or section 14-36g, 14-212d, 14-218a, 14-219, 14-222, 14-223, 14-230 to 14-249, inclusive, 14-279, as amended by this act, 14-283, 14-289b, 14-296aa, 14-299, 14-300, 14-301, 14-302 or 14-303, and "suspension violation" means a violation of section 14-222a, 14-224, 14-227a, 14-227m or 14-227n, or section 53a-56b, 53a-57 or 53a-60d. The Commissioner of Motor Vehicles may require any 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 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 commissioner shall require any motor vehicle operator convicted of traveling more than seventy-five miles per hour or any person operating a commercial motor vehicle convicted of traveling more than sixty-five miles per hour in a highway work zone, as defined in section 14-212d, to attend a motor vehicle operator's retraining program. The commissioner shall notify such operator, in writing, of such requirement. A fee of not more than [sixty] eighty-five 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.

Sec. 507. Subsection (b) of section 14-41 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(b) An original operator's license shall expire within a period not exceeding six years following the date of the operator's next birthday. The fee for such license shall be seventy-two dollars. The commissioner may authorize a contractor, including, but not limited to, an automobile club or association [,] licensed in accordance with the provisions of section 14-67 on or before July 1, 2007, or any municipality, to issue duplicate licenses and identity cards pursuant to section 14-50a, renew licenses, renew identity cards issued pursuant to section 1-1h and conduct registration transactions at the office or facilities of such contractors or municipalities. The commissioner may authorize such contractors and municipalities to charge a convenience fee, which shall not exceed [five] eight dollars, to each applicant for a license or identity card renewal or duplication, or for a registration transaction.

Sec. 508. Subsection (d) of section 51-56a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(d) Each person who pays in any sum as a fine or forfeiture for any violation of sections 14-218a, 14-219, 14-222, 14-223, 14-227a, 14-227m, 14-227n, sections 14-230 to 14-240, inclusive, sections 14-241 to 14-249, inclusive, section 14-279 for the first offense, sections 14-289b, 14-299, 14-300, 14-300d, 14-301 to 14-303, inclusive, or any regulation adopted under said sections or ordinance enacted in accordance with said sections shall pay an additional fee of [fifteen] twenty dollars. The state shall remit to the municipalities in which the violations occurred the amounts paid under this subsection. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, on or before the thirtieth day of January, April, July and October in each year, shall certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.

Sec. 509. Subsections (t) to (aa), inclusive, of section 14-49 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(t) For the registration of each camper, the commissioner shall charge a biennial fee [of sixty-two dollars. On and after July 1, 2011, the fee shall be] seventy-five dollars. The commissioner shall refund one-half of the registration fee for any camper registration [when the number plate or plates and registration certificate are returned] if a person cancels such registration with one year or more remaining until the expiration of such registration and requests such refund prior to the expiration of such registration.

(u) Repealed by P.A. 85-81.

(v) There shall be charged for each motor vehicle adult or youth instruction permit or renewal thereof a fee of nineteen dollars. There shall be charged for each motorcycle instruction permit or renewal thereof a fee of sixteen dollars.

(w) In addition to the fee established for the issuance of motor vehicle number plates and except as provided in subsection (a) of section 14-21b and subsection (c) of section 14-253a, there shall be an additional safety fee of five dollars charged at the time of issuance of any reflectorized safety number plate or set of plates. All moneys derived from said safety fee shall be deposited in the Special Transportation Fund.

(x) For the registration of each high-mileage vehicle, the commissioner shall charge a fee of [thirty-nine dollars for each year or part thereof. On and after July 1, 2011, the fee shall be] forty-seven dollars.

(y) For each special use registration for a period of thirty days or less, the fee shall be twenty-one dollars.

(z) The commissioner shall assess a ten-dollar late fee for renewal of a motor vehicle registration in the event a registrant fails to renew his or her registration within five days after the expiration of such registration, except that no such fee shall be assessed for the late renewal of the registration, pursuant to subdivision (1) of subsection (m) of this section, of (1) a trailer used exclusively for camping or any other recreational purpose, or (2) a motor vehicle designed or permanently altered in such a way as to provide living quarters for travel or camping. Notwithstanding the provisions of this subsection, if a registrant who is required to register a motor vehicle under section 14-34a fails to renew such registration not later than five days after the expiration date of such registration, the commissioner shall assess a late fee of one hundred fifty dollars.

(aa) The commissioner shall refund one-half of the registration fee for any motor vehicle [when the number plate or plates and registration certificate are returned on or after July 1, 2004,] if a person cancels such registration with one year or more remaining until the expiration of such registration and requests such refund prior to the expiration of such registration.

Sec. 510. Subsection (e) of section 14-44 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(e) (1) Prior to issuing an operator's license bearing a public passenger endorsement pursuant to [subdivision (3) of] subsection (a) of this section, the Commissioner of Motor Vehicles shall require each applicant to submit to state and national criminal history records checks, conducted in accordance with section 29-17a. The Commissioner of Emergency Services and Public Protection shall complete such state and national criminal history records checks required pursuant to this section within sixty days of receiving such a request for a check of such records. If notice of a state or national criminal history record is received, the Commissioner of Motor Vehicles may, subject to the provisions of section 46a-80, refuse to issue an operator's license bearing such public passenger endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. Each applicant for a public passenger endorsement to operate a school bus or student transportation vehicle shall submit to a check of the state child abuse and neglect registry established pursuant to section 17a-101k. If notification that the applicant is listed as a perpetrator of abuse on the state child abuse and neglect registry is received, the Commissioner of Motor Vehicles may refuse to issue an operator's license bearing such public passenger endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. The Commissioner of Motor Vehicles shall not issue a temporary operator's license bearing a public passenger endorsement for operation of a school bus or student transportation vehicle.

(2) The fingerprints of an applicant for a public passenger endorsement to operate a school bus may be captured electronically or by other means in accordance with section 29-17a.

[(2)] (3) For the purposes of this subdivision, "certificate or permit holder" means any person, association, limited liability company or corporation that holds a certificate of public convenience and necessity to operate a taxicab, as described in section 13b-97 or holds a permit to operate a motor vehicle in livery service, as described in section 13b-103. Any certificate or permit holder who seeks to employ a person who has applied for a public passenger endorsement to operate a taxicab or motor vehicle in livery service under subdivision [(1)] (3) of [this] subsection (a) of this section may permit such person to operate a taxicab or motor vehicle in livery service prior to the approval by the Commissioner of Motor Vehicles of the application for such endorsement, but in no event for a period longer than ninety days after the date of application for such endorsement, provided such certificate or permit holder determines such person meets the requirements to operate a taxicab or motor vehicle in livery service set forth in regulations adopted by the commissioner pursuant to subsection (f) of this section. In making such determination, such certificate or permit holder shall (A) conduct, or have a consumer reporting agency regulated under the federal Fair Credit Reporting Act conduct, a local, state and national criminal history records check, including a search of state and national sexual offender registry databases, and (B) review such person's driving history record maintained by the commissioner and dated not more than seven days prior to the date of such review. A person who is approved by a certificate or permit holder under this subdivision shall carry and present, upon request, a copy of such person's application to the commissioner and criminal history records check when such person is operating a taxicab or motor vehicle in livery service.

Sec. 511. Subsection (c) of section 14-147 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(c) No person shall use any motor vehicle registration or operator's license other than the one issued to him by the commissioner, except as provided in section 14-18; and no person shall use a motor vehicle registration on any motor vehicle other than that for which such registration has been issued. Any person who violates any provision of this subsection shall be fined not more than [one] five hundred dollars or imprisoned not more than thirty days or both.

Sec. 512. (Effective from passage) The Departments of Transportation and Motor Vehicle and the Division of State Police within the Department of Emergency Services and Public Protection shall, within available appropriations, jointly (1) study the requirements of other states located in the northeast region of the United States regarding the transportation of a vehicle, combination of vehicle and trailer or commercial vehicle combination, including each such vehicle's load, which is greater than sixteen feet in length or commonly known as a "superload", (2) review any reports published by the Northeast Association of State Transportation Officials regarding the harmonization of state truck permitting requirements and other requirements applicable to the transport of such vehicles, and (3) make recommendations for revisions to state law to ensure consistency with other states in the northeast region. Not later than January 1, 2019, the departments and division shall jointly submit, in accordance with section 11-4a of the general statutes, the results of the study to the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

Sec. 513. Section 14-240 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) No [driver of] person operating a motor vehicle shall follow another vehicle more closely than is reasonable and prudent, having regard for the speed of such vehicles, the traffic upon and the condition of the highway and weather conditions.

(b) No person operating a motor vehicle shall drive [a] such vehicle in such proximity to another vehicle as to obstruct or impede traffic.

(c) Motor vehicles being driven upon any highway in a caravan shall be so operated as to allow sufficient space between such vehicles or combination of vehicles to enable any other vehicle to enter and occupy such space without danger. The provisions of this subsection shall not apply to funeral processions or to motor vehicles under official escort or traveling under a special permit.

(d) [Violation of any of the provisions] Any person who violates any provision of this section shall [be] have committed an infraction, [provided] except that (1) any person operating a commercial vehicle combination in violation of any such provision shall have committed a violation and shall be fined not less than one hundred dollars nor more than one hundred fifty dollars, or (2) if the violation results in a motor vehicle accident, such person shall have committed a violation and shall be fined not less than one hundred dollars nor more than two hundred dollars."

This act shall take effect as follows and shall amend the following sections:

Sec. 501

July 1, 2018

14-180

Sec. 502

July 1, 2018

14-279(c)

Sec. 503

July 1, 2018

14-279a(a)

Sec. 504

July 1, 2018

14-279b(a) and (b)

Sec. 505

July 1, 2018

14-22(a)

Sec. 506

July 1, 2018

14-111g(a)

Sec. 507

July 1, 2018

14-41(b)

Sec. 508

October 1, 2018

51-56a(d)

Sec. 509

July 1, 2018

14-49(t) to (aa)

Sec. 510

July 1, 2018

14-44(e)

Sec. 511

October 1, 2018

14-147(c)

Sec. 512

from passage

New section

Sec. 513

October 1, 2018

14-240