File No. 451

House of Representatives, April 12, 2018

The Committee on Planning and Development reported through REP. LEMAR of the 96th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING ELECTRIC BICYCLES, TRAFFIC CONTROL AND PARKING AND TRAFFIC AUTHORITIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2018) (a) Except as provided in this section, the rider of an electric bicycle, as defined in section 14-1 of the general statutes, as amended by this act, shall be afforded the same rights and privileges and subject to the same duties as the rider of a bicycle.

(b) Except as provided in this section or where prohibited by local ordinance, an electric bicycle, as defined in section 14-1 of the general statutes, as amended by this act, may be ridden where bicycles are permitted to travel.

(c) Except where permitted by local ordinance, a class 3 electric bicycle, as defined in section 14-1 of the general statutes, as amended by this act, shall not be ridden on a bicycle trail or path or multiuse trail or path.

(d) Except where permitted by local ordinance, an electric bicycle, as defined in section 14-1 of the general statutes, as amended by this act, shall not be ridden on a bicycle trail or path or multiuse trail or path designated for nonmotorized traffic if such trail or path has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added.

(e) No person under the age of sixteen shall ride a class 3 electric bicycle, as defined in section 14-1 of the general statutes, as amended by this act. Any person under the age of sixteen may sit as a passenger on a class 3 electric bicycle, as defined in section 14-1 of the general statutes, as amended by this act, provided such bicycle is equipped or designed to carry a passenger.

(f) No person shall ride or sit as a passenger on a class 3 electric bicycle, as defined in section 14-1 of the general statutes, as amended by this act, unless such person is wearing protective headgear that conforms to the minimum specifications established for bicycle helmets by the United States Consumer Product Safety Commission or the American Society for Testing and Materials.

Sec. 2. (NEW) (Effective October 1, 2018) On and after January 1, 2019, any manufacturer of electric bicycles offered for sale in this state shall (1) ensure that such electric bicycles comply with all relevant requirements for bicycles established pursuant to 16 CFR 1512; (2) affix a conspicuous label to each electric bicycle that contains the classification, maximum speed and motor wattage of such electric bicycle; (3) equip each class 3 electric bicycle with a speedometer that displays the speed at which such class 3 electric bicycle is traveling in miles per hour; and (4) ensure that the motor of each class 1 electric bicycle and class 3 electric bicycle disengages or ceases to function when the rider of such electric bicycle stops pedaling, and the motor of each class 2 electric bicycle disengages or ceases to function when the brakes of such electric bicycle are applied.

Sec. 3. Section 14-1 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Terms used in this chapter, sections 1 and 2 of this act and this section shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the General Assembly:

(1) "Activity vehicle" means a student transportation vehicle that is used to transport students in connection with school-sponsored events and activities, but is not used to transport students to and from school;

(2) "Agricultural tractor" means a tractor or other form of nonmuscular motive power used for transporting, hauling, plowing, cultivating, planting, harvesting, reaping or other agricultural purposes on any farm or other private property, or used for the purpose of transporting, from one farm to another, agricultural implements and farm products, provided the agricultural tractor is not used on any highway for transporting a pay load or for some other commercial purpose;

(3) "Antique, rare or special interest motor vehicle" means a motor vehicle twenty years old or older which is being preserved because of historic interest and which is not altered or modified from the original manufacturer's specifications;

(4) "Apparent candle power" means an illumination equal to the normal illumination in foot candles produced by any lamp or lamps, divided by the square of the distance in feet between the lamp or lamps and the point at which the measurement is made;

(5) "Authorized emergency vehicle" means (A) a fire department vehicle, (B) a police vehicle, or (C) a public service company or municipal department ambulance or emergency vehicle designated or authorized for use as an authorized emergency vehicle by the commissioner;

(6) "Autocycle" means a motor vehicle that meets the requirements of a motorcycle under 49 CFR Part 571, and (A) does not have more than three wheels in contact with the ground, (B) is designed to be controlled with a steering wheel and foot pedals for acceleration, braking or shifting, (C) has a seat or seats that are fully or partially enclosed and in which the occupants sit with their legs forward, and (D) is equipped with safety belts, in accordance with section 14-100a, for all occupants;

(7) "Auxiliary driving lamp" means an additional lighting device on a motor vehicle used primarily to supplement the general illumination in front of a motor vehicle provided by the motor vehicle's head lamps;

(8) "Bulb" means a light source consisting of a glass bulb containing a filament or substance capable of being electrically maintained at incandescence;

(9) "Camp trailer" includes any trailer designed for living or sleeping purposes and used exclusively for camping or recreational purposes;

(10) "Camp trailer registration" means the type of registration issued to any trailer that is for nonbusiness use and is limited to camp trailers and utility trailers;

(11) "Camp vehicle" means any motor vehicle that is regularly used to transport persons under eighteen years of age in connection with the activities of any youth camp, as defined in section 19a-420;

(12) "Camper" means any motor vehicle designed or permanently altered in such a way as to provide temporary living quarters for travel, camping or recreational purposes;

(13) "Class 1 electric bicycle" means an electric bicycle equipped with a motor that engages only when the rider operates the electric bicycle's foot pedals, and that ceases to engage when the electric bicycle reaches the speed of twenty miles per hour;

(14) "Class 2 electric bicycle" means an electric bicycle equipped with a motor that may be used exclusively to propel the electric bicycle, and that ceases to engage when the electric bicycle reaches the speed of twenty miles per hour;

(15) "Class 3 electric bicycle" means an electric bicycle equipped with a motor that engages only when the rider operates the electric bicycle's foot pedals, and that ceases to engage when the electric bicycle reaches the speed of twenty-eight miles per hour;

[(13)] (16) "Combination registration" means the type of registration issued to a motor vehicle used for both private passenger and commercial purposes if such vehicle does not have a gross vehicle weight rating in excess of twelve thousand five hundred pounds;

[(14)] (17) "Commercial driver's license" or "CDL" means a license issued to an individual in accordance with the provisions of sections 14-44a to 14-44m, inclusive, which authorizes such individual to drive a commercial motor vehicle;

[(15)] (18) "Commercial driver's license information system" or "CDLIS" means the national database of holders of commercial driver's licenses established by the Federal Motor Carrier Safety Administration pursuant to Section 12007 of the Commercial Motor Vehicle Safety Act of 1986;

[(16)] (19) "Commercial motor vehicle" means a vehicle designed or used to transport passengers or property, except a vehicle used for farming purposes in accordance with 49 CFR 383.3(d), fire fighting apparatus or an emergency vehicle, as defined in section 14-283, or a recreational vehicle in private use, which (A) has a gross vehicle weight rating of twenty-six thousand and one pounds or more, or a gross combination weight rating of twenty-six thousand and one pounds or more, inclusive of a towed unit or units with a gross vehicle weight rating of more than ten thousand pounds; (B) is designed to transport sixteen or more passengers, including the driver, or is designed to transport more than ten passengers, including the driver, and is used to transport students under the age of twenty-one years to and from school; or (C) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR 172, Subpart F, as amended, or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73;

[(17)] (20) "Commercial registration" means the type of registration required for any motor vehicle designed or used to transport merchandise, freight or persons in connection with any business enterprise, unless a more specific type of registration is authorized and issued by the commissioner for such class of vehicle;

[(18)] (21) "Commercial trailer" means a trailer used in the conduct of a business to transport freight, materials or equipment whether or not permanently affixed to the bed of the trailer;

[(19)] (22) "Commercial trailer registration" means the type of registration issued to any commercial trailer;

[(20)] (23) "Commissioner" includes the Commissioner of Motor Vehicles and any assistant to the Commissioner of Motor Vehicles who is designated and authorized by, and who is acting for, the Commissioner of Motor Vehicles under a designation; except that the deputy commissioners of motor vehicles and the Attorney General are deemed, unless the Commissioner of Motor Vehicles otherwise provides, to be designated and authorized by, and acting for, the Commissioner of Motor Vehicles under a designation;

[(21)] (24) "Controlled substance" has the same meaning as in section 21a-240 and the federal laws and regulations incorporated in chapter 420b;

[(22)] (25) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated;

[(23)] (26) "Dealer" includes any person actively engaged in buying, selling or exchanging motor vehicles or trailers who has an established place of business in this state and who may, incidental to such business, repair motor vehicles or trailers, or cause them to be repaired by persons in his or her employ;

[(24)] (27) "Disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle, which occurs as a result of (A) any suspension, revocation, or cancellation by the commissioner of the privilege to operate a motor vehicle; (B) a determination by the Federal Highway Administration, under the rules of practice for motor carrier safety contained in 49 CFR 386, as amended, that a person is no longer qualified to operate a commercial motor vehicle under the standards of 49 CFR 391, as amended; or (C) the loss of qualification which follows any of the convictions or administrative actions specified in section 14-44k;

[(25)] (28) "Drive" means to drive, operate or be in physical control of a motor vehicle, including a motor vehicle being towed by another;

[(26)] (29) "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver's license;

[(27)] (30) "Driver's license" or "operator's license" means a valid Connecticut motor vehicle operator's license or a license issued by another state or foreign jurisdiction authorizing the holder thereof to operate a motor vehicle on the highways;

(31) "Electric bicycle" means a bicycle equipped with operable foot pedals and an electric motor of fewer than seven hundred fifty watts of power that is either a class 1, class 2 or class 3 bicycle. "Electric bicycle" does not include a dirt bike or an all-terrain vehicle;

[(28)] (32) "Employee" means any operator of a commercial motor vehicle, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, drivers under contract and independent owner-operator contractors, who, while in the course of operating a commercial motor vehicle, are either directly employed by, or are under contract to, an employer;

[(29)] (33) "Employer" means any person, including the United States, a state or any political subdivision thereof, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;

[(30)] (34) "Farm implement" means a vehicle designed and adapted exclusively for agricultural, horticultural or livestock-raising operations and which is not operated on a highway for transporting a pay load or for any other commercial purpose;

[(31)] (35) "Felony" means any offense as defined in section 53a-25 and includes any offense designated as a felony under federal law;

[(32)] (36) "Fatality" means the death of a person as a result of a motor vehicle accident;

[(33)] (37) "Foreign jurisdiction" means any jurisdiction other than a state of the United States;

[(34)] (38) "Fuels" means (A) all products commonly or commercially known or sold as gasoline, including casinghead and absorption or natural gasoline, regardless of their classification or uses, (B) any liquid prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene and similar petroleum products by "American Society for Testing Materials Method D-86", shows not less than ten per cent distilled (recovered) below 347° Fahrenheit (175° Centigrade) and not less than ninety-five per cent distilled (recovered) below 464° Fahrenheit (240° Centigrade); provided the term "fuels" shall not include commercial solvents or naphthas which distill, by "American Society for Testing Materials Method D-86", not more than nine per cent at 176° Fahrenheit and which have a distillation range of 150° Fahrenheit, or less, or liquefied gases which would not exist as liquids at a temperature of 60° Fahrenheit and a pressure of 14.7 pounds per square inch absolute, and (C) any liquid commonly referred to as "gasohol" which is prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, consisting of a blend of gasoline and a minimum of ten per cent by volume of ethyl or methyl alcohol;

[(35)] (39) "Garage" includes every place of business where motor vehicles are, for compensation, received for housing, storage or repair;

[(36)] (40) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. The GVWR of a combination (articulated) vehicle commonly referred to as the "gross combination weight rating" or GCWR is the GVWR of the power unit plus the GVWR of the towed unit or units;

[(37)] (41) "Gross weight" means the light weight of a vehicle plus the weight of any load on the vehicle, provided, in the case of a tractor-trailer unit, "gross weight" means the light weight of the tractor plus the light weight of the trailer or semitrailer plus the weight of the load on the vehicle;

[(38)] (42) "Hazardous materials" has the same meaning as in 49 CFR 383.5;

[(39)] (43) "Head lamp" means a lighting device affixed to the front of a motor vehicle projecting a high intensity beam which lights the road in front of the vehicle so that it can proceed safely during the hours of darkness;

[(40)] (44) "High-mileage vehicle" means a motor vehicle having the following characteristics: (A) Not less than three wheels in contact with the ground; (B) a completely enclosed seat on which the driver sits; (C) a single or two cylinder, gasoline or diesel engine or an electric-powered engine; and (D) efficient fuel consumption;

[(41)] (45) "Highway" includes any state or other public highway, road, street, avenue, alley, driveway, parkway, place or dedicated roadway for bus rapid transit service, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use;

[(42)] (46) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment;

[(43)] (47) "Intersecting highway" includes any public highway which joins another at an angle whether or not it crosses the other;

[(44)] (48) "Light weight" means the weight of an unloaded motor vehicle as ordinarily equipped and ready for use, exclusive of the weight of the operator of the motor vehicle;

[(45)] (49) "Limited access highway" means a state highway so designated under the provisions of section 13b-27;

[(46)] (50) "Local authorities" includes the board of aldermen, common council, chief of police, warden and burgesses, board of selectmen or other officials having authority for the enactment or enforcement of traffic regulations within their respective towns, cities or boroughs;

[(47)] (51) "Maintenance vehicle" means any vehicle in use by the state or by any town, city, borough or district, any state bridge or parkway authority or any public service company, as defined in section 16-1, in the maintenance of public highways or bridges and facilities located within the limits of public highways or bridges;

[(48)] (52) "Manufacturer" means (A) a person, whether a resident or nonresident, engaged in the business of constructing or assembling new motor vehicles of a type required to be registered by the commissioner, for operation upon any highway, except a utility trailer, which are offered for sale in this state, or (B) a person who distributes new motor vehicles to new car dealers licensed in this state;

[(49)] (53) "Median divider" means an intervening space or physical barrier or clearly indicated dividing section separating traffic lanes provided for vehicles proceeding in opposite directions;

[(50)] (54) "Modified antique motor vehicle" means a motor vehicle twenty years old or older which has been modified for safe road use, including, but not limited to, modifications to the drive train, suspension, braking system and safety or comfort apparatus;

[(51)] (55) "Motor bus" includes any motor vehicle, except a taxicab, as defined in section 13b-95, operated in whole or in part on any street or highway in a manner affording a means of transportation by indiscriminately receiving or discharging passengers, or running on a regular route or over any portion of a regular route or between fixed termini;

[(52)] (56) "Motor home" means a vehicular unit designed to provide living quarters and necessary amenities which are built into an integral part of, or permanently attached to, a truck or van chassis;

[(53)] (57) "Motor-driven cycle" means any of the following vehicles that have a seat height of not less than twenty-six inches and a motor having a capacity of less than fifty cubic centimeters piston displacement: (A) A motorcycle, other than an autocycle; (B) a motor scooter; or (C) a bicycle with attached motor, except an electric bicycle;

[(54)] (58) "Motor vehicle" means any vehicle propelled or drawn by any nonmuscular power, except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated wheel chairs when operated by persons with physical disabilities at speeds not exceeding fifteen miles per hour, golf carts operated on highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, motor-driven cycles as defined in section 14-286, special mobile equipment as defined in section 14-165, mini-motorcycles, as defined in section 14-289j, electric bicycles and any other vehicle not suitable for operation on a highway;

[(55)] (59) "Motorcycle" means (A) an autocycle, as defined in this section, or (B) a motor vehicle, with or without a side car, that has (i) not more than three wheels in contact with the ground, (ii) a saddle or seat which the rider straddles or a platform on which the rider stands, and (iii) handlebars with which the rider controls the movement of the vehicle. "Motorcycle" does not include a motor-driven cycle [, as defined in this section] or an electric bicycle;

[(56)] (60) "National Driver Registry" or "NDR" means the licensing information system and database operated by the National Highway Traffic Safety Administration and established pursuant to the National Driver Registry Act of 1982, as amended;

[(57)] (61) "New motor vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred by a manufacturer, distributor or dealer to an ultimate consumer;

[(58)] (62) "Nonresident" means any person whose legal residence is in a state other than Connecticut or in a foreign country;

[(59)] (63) "Nonresident commercial driver's license" or "nonresident CDL" means a commercial driver's license issued by a state to an individual who resides in a foreign jurisdiction;

[(60)] (64) "Nonskid device" means any device applied to the tires, wheels, axles or frame of a motor vehicle for the purpose of increasing the traction of the motor vehicle;

[(61)] (65) "Number plate" means any sign or marker furnished by the commissioner on which is displayed the registration number assigned to a motor vehicle by the commissioner;

[(62)] (66) "Officer" includes any constable, state marshal, inspector of motor vehicles, state policeman or other official authorized to make arrests or to serve process, provided the officer is in uniform or displays the officer's badge of office in a conspicuous place when making an arrest;

[(63)] (67) "Operator" means any person who operates a motor vehicle or who steers or directs the course of a motor vehicle being towed by another motor vehicle and includes a driver as defined in subdivision (26) of this section;

[(64)] (68) "Out-of-service order" means an order (A) issued by a person having inspection authority, as defined in regulations adopted by the commissioner pursuant to section 14-163c, or by an authorized official of the United States Department of Transportation Federal Motor Carrier Safety Administration pursuant to any provision of federal law, to prohibit any motor vehicle specified in subsection (a) of section 14-163c from being operated on any highway, or to prohibit a driver from operating any such motor vehicle, or (B) issued by the United States Department of Transportation Federal Motor Carrier Safety Administration, pursuant to any provision of federal law, to prohibit any motor carrier, as defined in Section 386.2 of Title 49 of the Code of Federal Regulations, from engaging in commercial motor vehicle operations;

[(65)] (69) "Owner" means any person holding title to a motor vehicle, or having the legal right to register the same, including purchasers under conditional bills of sale;

[(66)] (70) "Parked vehicle" means a motor vehicle in a stationary position within the limits of a public highway;

[(67)] (71) "Passenger and commercial motor vehicle" means a motor vehicle used for private passenger and commercial purposes which is eligible for combination registration;

[(68)] (72) "Passenger motor vehicle" means a motor vehicle used for the private transportation of persons and their personal belongings, designed to carry occupants in comfort and safety, with a capacity of carrying not more than ten passengers including the operator thereof;

[(69)] (73) "Passenger registration" means the type of registration issued to a passenger motor vehicle unless a more specific type of registration is authorized and issued by the commissioner for such class of vehicle;

[(70)] (74) "Person" includes any individual, corporation, limited liability company, association, copartnership, company, firm, business trust or other aggregation of individuals but does not include the state or any political subdivision thereof, unless the context clearly states or requires;

[(71)] (75) "Pick-up truck" means a motor vehicle with an enclosed forward passenger compartment and an open rearward compartment used for the transportation of property;

[(72)] (76) "Pneumatic tires" means tires inflated or inflatable with air;

[(73)] (77) "Pole trailer" means a trailer which is (A) intended for transporting long or irregularly shaped loads such as poles, logs, pipes or structural members, which loads are capable of sustaining themselves as beams between supporting connections, and (B) designed to be drawn by a motor vehicle and attached or secured directly to the motor vehicle by any means including a reach, pole or boom;

[(74)] (78) "Public passenger endorsement" means an endorsement issued to an individual, which authorizes such individual to transport passengers, including, but not limited to, passengers who are students in accordance with subsection (b) or (c) of section 14-36a;

[(75)] (79) "Recreational vehicle" includes the camper, camp trailer and motor home classes of vehicles;

[(76)] (80) "Registration" includes the certificate of motor vehicle registration and the number plate or plates used in connection with such registration;

[(77)] (81) "Registration number" means the identifying number or letters, or both, assigned by the commissioner to a motor vehicle;

[(78)] (82) "Resident", for the purpose of registering motor vehicles, includes any person who is a legal resident of this state, as the commissioner may presume from the fact that such person occupies a place of dwelling in this state for more than six months in a year, or any person, firm or corporation owning or leasing a motor vehicle used or operated in intrastate business in this state, or a firm or corporation having its principal office or place of business in this state;

[(79)] (83) "School bus" means any school bus, as defined in section 14-275, including a commercial motor vehicle used to transport preschool, elementary school or secondary school students from home to school, from school to home, or to and from school-sponsored events, but does not include a bus used as a common carrier;

[(80)] (84) "Second" violation or "subsequent" violation means an offense committed not more than three years after the date of an arrest which resulted in a previous conviction for a violation of the same statutory provision, except in the case of a violation of section 14-215, 14-224, 14-227a or 14-227m, "second" violation or "subsequent" violation means an offense committed not more than ten years after the date of an arrest which resulted in a previous conviction for a violation of the same statutory provision;

[(81)] (85) "Semitrailer" means any trailer type vehicle designed and used in conjunction with a motor vehicle so that some part of its own weight and load rests on or is carried by another vehicle;

[(82)] (86) "Serious traffic violation" means a conviction of any of the following offenses: (A) Excessive speeding, involving a single offense in which the speed is fifteen miles per hour or more above the posted speed limit, in violation of section 14-218a or 14-219; (B) reckless driving in violation of section 14-222; (C) following too closely in violation of section 14-240 or 14-240a; (D) improper or erratic lane changes, in violation of section 14-236; (E) using a hand-held mobile telephone or other electronic device or typing, reading or sending text or a text message with or from a mobile telephone or mobile electronic device in violation of subsection (e) of section 14-296aa while operating a commercial motor vehicle; (F) driving a commercial motor vehicle without a valid commercial driver's license in violation of section 14-36a or 14-44a; (G) failure to carry a commercial driver's license in violation of section 14-44a; (H) failure to have the proper class of license or endorsement, or violation of a license restriction in violation of section 14-44a; or (I) a violation of any provision of chapter 248, by an operator who holds a commercial driver's license or instruction permit that results in the death of another person;

[(83)] (87) "Service bus" includes any vehicle except a vanpool vehicle or a school bus designed and regularly used to carry ten or more passengers when used in private service for the transportation of persons without charge to the individual;

[(84)] (88) "Service car" means any motor vehicle used by a manufacturer, dealer or repairer for emergency motor vehicle repairs on the highways of this state, for towing or for the transportation of necessary persons, tools and materials to and from the scene of such emergency repairs or towing;

[(85)] (89) "Shoulder" means that portion of a highway immediately adjacent and contiguous to the travel lanes or main traveled portion of the roadway;

[(86)] (90) "Solid tires" means tires of rubber, or other elastic material approved by the Commissioner of Transportation, which do not depend on confined air for the support of the load;

[(87)] (91) "Spot lamp" or "spot light" means a lighting device projecting a high intensity beam, the direction of which can be readily controlled for special or emergency lighting as distinguished from ordinary road illumination;

[(88)] (92) "State" means any state of the United States and the District of Columbia unless the context indicates a more specific reference to the state of Connecticut;

[(89)] (93) "Stop" means complete cessation of movement;

[(90)] (94) "Student" means any person under the age of twenty-one years who is attending a preprimary, primary or secondary school program of education;

[(91)] (95) "Tail lamp" means a lighting device affixed to the rear of a motor vehicle showing a red light to the rear and indicating the presence of the motor vehicle when viewed from behind;

[(92)] (96) "Tank vehicle" means any commercial motor vehicle designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or its chassis which shall include, but not be limited to, a cargo tank and portable tank, as defined in 49 CFR 383.5, as amended, provided it shall not include a portable tank with a rated capacity not to exceed one thousand gallons;

[(93)] (97) "Tractor" or "truck tractor" means a motor vehicle designed and used for drawing a semitrailer;

[(94)] (98) "Tractor-trailer unit" means a combination of a tractor and a trailer or a combination of a tractor and a semitrailer;

[(95)] (99) "Trailer" means any rubber-tired vehicle without motive power drawn or propelled by a motor vehicle;

[(96)] (100) "Truck" means a motor vehicle designed, used or maintained primarily for the transportation of property;

[(97)] (101) "Ultimate consumer" means, with respect to a motor vehicle, the first person, other than a dealer, who in good faith purchases the motor vehicle for purposes other than resale;

[(98)] (102) "United States" means the fifty states and the District of Columbia;

[(99)] (103) "Used motor vehicle" includes any motor vehicle which has been previously separately registered by an ultimate consumer;

[(100)] (104) "Utility trailer" means a trailer designed and used to transport personal property, materials or equipment, whether or not permanently affixed to the bed of the trailer;

[(101)] (105) "Vanpool vehicle" includes all motor vehicles, the primary purpose of which is the daily transportation, on a prearranged nonprofit basis, of individuals between home and work, and which: (A) If owned by or leased to a person, or to an employee of the person, or to an employee of a local, state or federal government unit or agency located in Connecticut, are manufactured and equipped in such manner as to provide a seating capacity of at least seven but not more than fifteen individuals, or (B) if owned by or leased to a regional ride-sharing organization in the state recognized by the Commissioner of Transportation, are manufactured and equipped in such manner as to provide a seating capacity of at least six but not more than nineteen individuals;

[(102)] (106) "Vehicle" includes any device suitable for the conveyance, drawing or other transportation of persons or property, whether operated on wheels, runners, a cushion of air or by any other means. The term does not include devices propelled or drawn by human power or devices used exclusively on tracks;

[(103)] (107) "Vehicle identification number" or "VIN" means a series of Arabic numbers and Roman letters that is assigned to each new motor vehicle that is manufactured within or imported into the United States, in accordance with the provisions of 49 CFR 565, unless another sequence of numbers and letters has been assigned to a motor vehicle by the commissioner, in accordance with the provisions of section 14-149;

[(104)] (108) "Wrecker" means a vehicle which is registered, designed, equipped and used for the purposes of towing or transporting wrecked or disabled motor vehicles for compensation or for related purposes by a person, firm or corporation licensed in accordance with the provisions of subpart (D) of part III of this chapter or a vehicle contracted for the consensual towing or transporting of one or more motor vehicles to or from a place of sale, purchase, salvage or repair.

Sec. 4. Subsection (c) of section 14-164c of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(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 inspection of air pollution control equipment and compliance with or waiver of exhaust emission standards or compliance with or waiver of on-board diagnostic standards or other standards defined by the Commissioner of Energy and Environmental Protection and approved by the Administrator of the United States Environmental Protection Agency, compliance with or waiver of, air pollution control system integrity standards defined by the Commissioner of Energy and Environmental Protection and compliance with or waiver of purge system standards defined by the Commissioner of Energy and Environmental Protection. Such regulations may provide for an inspection procedure using an on-board diagnostic information system for all 1996 model year and newer motor vehicles. Such regulations shall apply to 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 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) diesel-powered type II school buses; (11) 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; [or] (12) vehicles that have met the inspection requirements of section 14-103a and are registered by the commissioner as composite vehicles; or (13) electric bicycles, as defined in section 14-1, as amended by this act. On and after July 1, 2002, such regulations shall exempt from the periodic inspection requirement any vehicle four or less model years of age, beginning with model year 2003 and the previous three model years, provided that such exemption shall lapse upon a finding by the Administrator of the United States Environmental Protection Agency or by the Secretary of the United States Department of Transportation that such exemption causes the state to violate applicable federal environmental or transportation planning requirements. Notwithstanding any provisions of this subsection, the commissioner may require an initial emissions inspection and compliance or waiver prior to registration of a new motor vehicle. If the Commissioner of Energy and Environmental Protection finds that it is necessary to inspect motor vehicles which are exempt under subdivision (1) or (4) of this subsection, or motor vehicles that are four or less model years of age 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, designated motor vehicles having a gross weight of more than ten thousand pounds or motor vehicles four or less model years of age.

Sec. 5. Section 14-212c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

A surcharge shall be imposed equivalent to one hundred per cent of the fine established or imposed for a violation of subsection (e) of section 14-242, section 14-245, 14-246a, 14-247 or 14-247a for such violation when the driver of a vehicle fails to grant or yield the right-of-way to a person riding a bicycle, as defined in section 14-286 or a person riding an electric bicycle, as defined in section 14-1, as amended by this act.

Sec. 6. Subsection (a) of section 14-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Upon all highways, each vehicle, other than a vehicle described in subsection (c) of this section, shall be driven upon the right, except (1) when overtaking and passing another vehicle proceeding in the same direction, (2) when overtaking and passing pedestrians, parked or standing vehicles, animals, bicycles, electric bicycles, as defined in section 14-1, as amended by this act, mopeds, scooters, vehicles moving at a slow speed, as defined in section 14-220, or obstructions on the right side of the highway, (3) when the right side of a highway is closed to traffic while under construction or repair, (4) on a highway divided into three or more marked lanes for traffic, or (5) on a highway designated and signposted for one-way traffic.

Sec. 7. Subsection (a) of section 14-232 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Except as provided in sections 14-233 and 14-234, as amended by this act, (1) the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle; and (2) the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. For the purposes of this subsection, "safe distance" means not less than three feet when the driver of a vehicle overtakes and passes a person riding a bicycle or an electric bicycle, as defined in section 14-1, as amended by this act.

Sec. 8. Subsection (b) of section 14-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) The driver of a vehicle may overtake and pass, in a marked no-passing zone, pedestrians, parked or standing vehicles, animals, bicycles, electric bicycles, as defined in section 14-1, as amended by this act, mopeds, scooters, vehicles moving at a slow speed, as defined in section 14-220, or obstructions on the right side of the highway, as listed in subdivision (2) of subsection (a) of section 14-230, as amended by this act, provided such overtaking and passing may be conducted safely, with adequate sight distance and without interfering with oncoming traffic or endangering traffic, as defined in section 14-297.

Sec. 9. Subsection (f) of section 14-242 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(f) No person operating a vehicle who overtakes and passes a person riding a bicycle or an electric bicycle, as defined in section 14-1, as amended by this act, and proceeding in the same direction shall make a right turn at any intersection or into any private road or driveway unless the turn can be made with reasonable safety and will not impede the travel of the person riding the bicycle or electric bicycle.

Sec. 10. Subsection (a) of section 14-286a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Every person riding a bicycle, as defined [by] in section 14-286, or an electric bicycle, as defined in section 14-1, as amended by this act, upon the traveled portion of a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any vehicle subject to the requirements of the statutes relating to motor vehicles, except as to those provisions which by their nature can have no application and except that each town, city or borough and the Office of the State Traffic Administration within its jurisdiction as provided in section 14-298, as amended by this act, shall have authority to regulate bicycles and electric bicycles as provided in section 14-289, as amended by this act, and said section 14-298, as amended by this act, and except as provided by section 14-286c, as amended by this act. No parent of any child and no guardian of any ward shall authorize or knowingly permit any such child or ward to violate any provision of the general statutes or ordinances enacted under section 14-289, as amended by this act, relating to bicycles or electric bicycles.

Sec. 11. Section 14-286b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Any person operating a bicycle or an electric bicycle, as defined in section 14-1, as amended by this act, upon a roadway at less than the normal speed of traffic shall ride as close to the right side of the roadway as is safe, as judged by the bicyclist, except when:

(1) Overtaking or passing another vehicle proceeding in the same direction;

(2) Preparing for a left turn at an intersection or into a private road or driveway;

(3) Reasonably necessary to avoid conditions, including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or lanes that are too narrow for a bicycle or an electric bicycle and a motor vehicle to travel safely side by side within such lanes;

(4) Approaching an intersection where right turns are permitted and there is a dedicated right turn lane, in which case a bicyclist or electric bicyclist may ride on the left-hand side of such dedicated lane, even if the bicyclist or electric bicyclist does not intend to turn right;

(5) Riding on a roadway designated for one-way traffic, when the bicyclist or electric bicyclist may ride as near to the left-hand curb or edge of such roadway as judged safe by the bicyclist or electric bicyclist; or

(6) Riding on parts of roadways separated for the exclusive use of bicycles or electric bicycles, including, but not limited to, contra-flow bicycle lanes, left-handed cycle tracks or bicycle lanes on one-way streets and two-way cycle tracks or bicycle lanes.

(b) Persons riding bicycles or electric bicycles, as defined in section 14-1, as amended by this act, upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles or electric bicycles. Persons riding two abreast, as provided in this subsection, shall not impede the normal and reasonable movement of traffic, and, on a laned roadway, shall ride within a single lane.

(c) No person riding upon any bicycle, electric bicycle, as defined in section 14-1, as amended by this act, motor-driven cycle, roller skates, skis, sled, skateboard, coaster, toy vehicle or any other vehicle not designed or intended to be towed shall attach the same or such person to any vehicle moving or about to move on a public roadway nor shall the operator of such vehicle knowingly permit any person riding a bicycle, electric bicycle, motor-driven cycle, roller skates, skis, skateboard, coaster, sled, toy vehicle or any other vehicle not designed or intended to be towed to attach the same or such person to such vehicle so operated or about to be operated, provided any person operating a bicycle solely by foot or hand power may attach a bicycle trailer or semitrailer thereto, provided such trailer or semitrailer is designed for such attachment.

(d) No person operating a bicycle, as defined [by] in section 14-286, or an electric bicycle, as defined in section 14-1, as amended by this act, upon a roadway, path or part of roadway set aside for exclusive use of bicycles or electric bicycles shall carry on such bicycle or electric bicycle a passenger unless such bicycle or electric bicycle is equipped or designed to carry passengers, provided any person who has attained the age of eighteen years may carry any child while such person is operating a bicycle propelled solely by foot or hand power, provided such child is securely attached to his person by means of a back pack, sling or other similar device. The term "child", as used in this subsection, means any person who has not attained the age of four years.

(e) No person operating a bicycle, as defined [by] in section 14-286, or an electric bicycle, as defined in section 14-1, as amended by this act, shall carry any package, bundle or other article which prevents such person from using both hands in the operation of such bicycle or electric bicycle. Each person operating such bicycle or electric bicycle shall keep at least one hand on the handlebars thereof when such bicycle or electric bicycle is in motion.

(f) Violation of any provision of this section shall be an infraction.

Sec. 12. Section 14-286c of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Each person riding a bicycle or an electric bicycle, as defined in section 14-1, as amended by this act, upon the traveled portion of a highway and intending to make a left turn after proceeding pursuant to the provisions of section 14-244 or subsection (b) of this section may, in lieu of the procedure prescribed by section 14-241, approach as close as practicable to the right-hand curb or edge of the highway, proceed across the intersecting roadway and make such turn as close as practicable to the curb or edge of the highway on the far side of the intersection, provided such procedure is not prohibited by any regulation issued by any town, city, borough or the Office of the State Traffic Administration.

(b) Each person riding a bicycle or an electric bicycle, as defined in section 14-1, as amended by this act, upon the traveled portion of a highway and intending to make a right turn may in lieu of the procedure prescribed by section 14-244, before turning and while in motion or if stopped while waiting to turn signal such turn by extending his right hand and arm horizontally with forefinger extended.

(c) No person operating a bicycle or an electric bicycle, as defined in section 14-1, as amended by this act, upon the traveled portion of a highway and intending to make a right or left turn shall be required when making a signal of such intention to make such signal continuously.

Sec. 13. Section 14-288 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Each bicycle or electric bicycle, as defined in section 14-1, as amended by this act, operated upon the public highway, during the times or under the conditions as provided in subsection (a) of section 14-96a, shall display a lighted lamp upon the forward part of such bicycle or electric bicycle. Such lamp shall, when lighted, emit a white light which in clear weather shall be visible at a distance of not less than five hundred feet in the direction in which such bicycle or electric bicycle is proceeding. Each bicycle or electric bicycle shall also, at all times, be equipped with a reflector or reflecting tail light lens, which reflector or lens shall be attached to the rear of such bicycle or electric bicycle in such manner as to reflect rays of light thrown upon the same, and such reflector or reflecting tail shall be visible at a distance of not less than six hundred feet from the rear when illuminated by the head lamps of a motor vehicle. Such bicycle or electric bicycle shall also be equipped with reflective material so placed and of sufficient size and reflectivity to be visible from both sides of such bicycle or electric bicycle at a distance of not less than six hundred feet when illuminated by the head lamps of a motor vehicle. Each bicycle or electric bicycle shall also, at all times, be equipped with a braking device sufficient to enable the operator thereof to stop within twenty-five feet on dry, level and clean pavement when moving at a speed of ten miles per hour. No person shall equip a bicycle or an electric bicycle with a siren or device which emits a whistle or use a siren or device which emits a whistle while operating a bicycle or an electric bicycle.

(b) Operation of a bicycle or an electric bicycle, as defined in section 14-1, as amended by this act, in conflict with any provision of this section shall be an infraction.

Sec. 14. Section 14-289 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Each town, city and borough shall have authority to make any ordinance not inconsistent with section 14-286 or 14-288, as amended by this act, or any regulation of the Office of the State Traffic Administration issued pursuant to section 14-298, as amended by this act, respecting governing and controlling the use of bicycles and electric bicycles, as defined in section 14-1, as amended by this act, within such town, city or borough, with appropriate penalties for violation thereof, which ordinances may include provisions requiring annual licensing of bicycles or electric bicycles and providing for registration of any sale of, or change of ownership in, a bicycle or an electric bicycle.

Sec. 15. Section 14-298 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

There shall be within the Department of Transportation the Office of the State Traffic Administration, which shall constitute a successor to the State Traffic Commission, in accordance with the provisions of sections 4-38d, 4-38e and 4-39. For the purpose of standardization and uniformity, said office shall adopt and cause to be printed for publication regulations establishing a uniform system of traffic control signals, devices, signs and markings consistent with the provisions of this chapter for use upon the public highways. The Commissioner of Transportation shall make known to the General Assembly the availability of such regulations and any requesting member shall be sent a written copy or electronic storage media of such regulations by said commissioner. Taking into consideration the public safety and convenience with respect to the width and character of the highways and roads affected, the density of traffic thereon and the character of such traffic, said office shall also adopt regulations, in cooperation and agreement with local traffic authorities, governing the use of state highways and roads on state-owned properties, and the operation of vehicles, including, but not limited to, motor vehicles, as defined in section 14-1, as amended by this act, [and] bicycles, as defined in section 14-286, and electric bicycles, as defined in section 14-1, as amended by this act, thereon. A list of limited-access highways shall be published with such regulations and said list shall be revised and published once each year. The Commissioner of Transportation shall make known to the General Assembly the availability of such regulations and list and any requesting member shall be sent a written copy or electronic storage media of such regulations and list by the commissioner. A list of limited-access highways opened to traffic by the Commissioner of Transportation in the interim period between publications shall be maintained in the Office of the State Traffic Administration and such regulations shall apply to the use of such listed highways. Said office shall also make regulations, in cooperation and agreement with local traffic authorities, respecting the use by through truck traffic of streets and highways within the limits of, and under the jurisdiction of, any city, town or borough of this state for the protection and safety of the public. If said office determines that the prohibition of through truck traffic on any street or highway is necessary because of an immediate and imminent threat to the public health and safety and the local traffic authority is precluded for any reason from acting on such prohibition, the office, if it is not otherwise precluded from so acting, may impose such prohibition. Said office may place and maintain traffic control signals, signs, markings and other safety devices, which it deems to be in the interests of public safety, upon such highways as come within the jurisdiction of said office as set forth in section 14-297. The traffic authority of any city, town or borough may place and maintain traffic control signals, signs, markings and other safety devices upon the highways under its jurisdiction, and all such signals, devices, signs and markings shall conform to the regulations established by said office in accordance with this chapter, and such traffic authority shall, with respect to traffic control signals, conform to the provisions of section 14-299, as amended by this act.

Sec. 16. Subsection (a) of section 14-300i of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) As used in subsection (b) of this section, (1) "vulnerable user" means: (A) A pedestrian; (B) a highway worker; (C) a person riding or driving an animal; (D) a person riding a bicycle or an electric bicycle, as defined in section 14-1, as amended by this act; (E) a person using a skateboard, roller skates or in-line skates; (F) a person operating or riding on an agricultural tractor; (G) a person using a wheelchair or motorized chair; and (H) a person who is blind and such person's service animal, and (2) "public way" includes any state or other public highway, road, street, avenue, alley, driveway, parkway or place, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use.

Sec. 17. Subsection (c) of section 14-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(c) On and after March 1, 1989, any municipality may participate in a program administered by the Commissioner of Motor Vehicles to facilitate the payment of fines for parking violations. If any such municipality elects to participate in such program, it shall provide for a notice of violation to be served personally upon the operator of a motor vehicle who is present at the time of service. If the operator is not present, the notice shall be served upon the owner of the motor vehicle by affixing notice to said vehicle in a conspicuous place, or, in the case of the city of Hartford Parking Authority, by regular or certified mail to the registered owner of the vehicle, which shall have the same effect as if the notice of violation was personally served on the owner or operator of the vehicle. In the case of any motor vehicle that is leased or rented by the owner, not more than thirty days after the initial notice of a parking violation for which a fine remains unpaid at such time, a second notice of violation shall be mailed to the address of record of the owner leasing or renting the motor vehicle to such operator. No fines or penalties shall accrue to the owner of such rented or leased vehicle for the violation for a period of sixty days after the second notice is mailed. Upon receipt of such notification, the owner of such rented or leased vehicle may notify the municipality as to whom the lessee was at the time of such issuance of the notice of violation, the lessee's address, motor vehicle operator's license number and state of issuance, and the municipality shall issue such notice of violation to such lessee. A participating municipality shall notify the commissioner of every owner of a registered motor vehicle who has unpaid fines for more than [five] two parking violations committed within such municipality on and after March 1, 1989. Upon receipt of such notification, the commissioner shall not issue or renew the motor vehicle registration of such person until he receives notification from such municipality that the delinquent fines have been paid.

Sec. 18. Subsection (f) of section 14-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(f) Any city, town, borough or other taxing district that notifies the commissioner of (1) a delinquency in accordance with subsection (a) of this section, or (2) an owner of a registered motor vehicle who has unpaid fines for more than [five] two parking violations in accordance with subsection (c) of this section, may participate in a program to issue temporary registrations for passenger motor vehicles on behalf of the commissioner to persons whose registrations have been denied, and who subsequently make full payment to the city, town, borough or other taxing district for the amounts owed under said subsections. A participating city, town, borough or other taxing district shall issue such temporary registrations in accordance with subsection (i) of section 14-12 and shall retain the fees authorized in subsection (n) of section 14-49 for such registrations. The commissioner may adopt regulations in accordance with chapter 54 to carry out the provisions of this subsection.

Sec. 19. Subsection (b) of section 14-299 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) When traffic at an intersection is alternately directed to proceed and to stop by the use of signals exhibiting colored lights or lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian control signals carrying word legends, said lights shall apply to drivers of vehicles and pedestrians and shall indicate the following:

(1) Circular green alone: Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign or marking at such place prohibits either such turn or straight through movement, except that such traffic shall yield the right-of-way to pedestrians and vehicles lawfully within a crosswalk or the intersection at the time such signal was exhibited; pedestrians facing the green signal, except when directed by separate pedestrian-control signals, may proceed across the highway within any marked or unmarked crosswalk.

(2) Yellow: Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter, when vehicular traffic shall stop before entering the intersection unless so close to the intersection that a stop cannot be made in safety; pedestrians facing a steady yellow signal, except when directed by separate pedestrian-control signals, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

(3) Red alone: Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and remain standing until the next indication is shown; provided, on or after (A) July 1, 1979, vehicular traffic traveling in the travel lane nearest the right hand curb or other defined edge of the roadway, unless a sign approved by the Office of the State Traffic Administration has been erected in the appropriate place prohibiting this movement, may cautiously enter the intersection to make a right turn onto a two-way street or onto another one-way street on which all the traffic is moving to such vehicle's right after such vehicle has stopped as required in this subdivision and yielded the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; and (B) October 1, 2020, vehicular traffic traveling in the travel lane of a one-way street nearest the left-hand curb or other defined edge of the roadway, unless a sign approved by the Office of the State Traffic Administration has been erected in the appropriate place prohibiting this movement, may cautiously enter the intersection to make a left turn onto a one-way street on which all the traffic is moving to such vehicle's left after such vehicle has stopped as required in this subdivision and yielded the right-of-way to pedestrians lawfully using the intersection. Pedestrians facing a steady red signal alone, except when directed by separate pedestrian-control signals, shall not enter the roadway.

(4) Green arrow: Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time, but such vehicular traffic shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully within the intersection.

(5) Whenever special pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" are in place such signals shall indicate as follows: "Walk": Pedestrians facing such signals may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles; "Don't Walk": No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the "Don't Walk" signal is showing.

Sec. 20. Subsection (c) of section 14-300 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(c) Except as provided in subsection (c) of section 14-300c, at any crosswalk marked as provided in subsection (a) of this section or any unmarked crosswalk, provided such crosswalks are not controlled by police officers or traffic control signals, each operator of a vehicle shall grant the right-of-way, and slow or stop such vehicle if necessary to so grant the right-of-way, to any pedestrian crossing the roadway within such crosswalk, provided such pedestrian steps off the curb or into the crosswalk at the entrance to a crosswalk or is within that half of the roadway upon which such operator of a vehicle is traveling, or such pedestrian steps off the curb or into the crosswalk at the entrance to a crosswalk or is crossing the roadway within such crosswalk from that half of the roadway upon which such operator is not traveling. No operator of a vehicle approaching from the rear shall overtake and pass any vehicle, the operator of which has stopped at any crosswalk marked as provided in subsection (a) of this section or any unmarked crosswalk to permit a pedestrian to cross the roadway. The operator of any vehicle crossing a sidewalk shall yield the right-of-way to each pedestrian and all other traffic upon such sidewalk. The traffic authority may post and maintain signs bearing the words "Stop for Pedestrians" at any crosswalk contemplated by this subsection.

Sec. 21. Section 7-202 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

When used in this chapter, "parking facilities" means lots, garages, parking terminals or other structures and accommodations for the parking of motor vehicles off the street or highway and open to public use with or without charge and commuter lot networks, transit systems, bicycle share systems and motor vehicle share systems; "parking authority" means a body corporate and politic created by the legislative body of any municipality as hereinafter provided; "parking division" means any existing municipal department, bureau, agency, commission or executive officer designated by any municipality as hereinafter provided; and "municipality" means any town, city or borough, whether consolidated or unconsolidated, and any fire district.

Sec. 22. Section 7-204a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Any consolidated town and city which (1) was consolidated in 1895 or 1896, (2) has a mayor and a court of common council, and (3) has a population of more than one hundred thousand, may, by ordinance adopted by the court of common council, authorize the parking authority of such consolidated town and city to (A) enforce the parking regulations of such consolidated city and town, and (B) receive the amount remitted to the town and city for parking regulations under subsection (b) of section 51-56a.

Sec. 23. Subdivision (82) of section 12-412 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(82) (A) The sale of and the storage, use or other consumption of any commercial motor vehicle, as defined in subparagraphs (A) and (B) of subdivision [(16)] (19) of section 14-1, as amended by this act, that is operating pursuant to the provisions of section 13b-88 or 13b-89, during the period commencing upon its purchase and ending one year after the date of purchase, provided seventy-five per cent of its revenue from its days in service is derived from out-of-state trips or trips crossing state lines.

(B) Each purchaser of a commercial motor vehicle exempt from tax pursuant to the provisions of this subsection shall, in order to qualify for said exemption, present to the retailer a certificate, in such form as the commissioner may prescribe, certifying that seventy-five per cent of such vehicle's revenue from its days in service will be derived from out-of-state trips or trips crossing state lines. The purchaser of the motor vehicle shall be liable for the tax otherwise imposed if, during the period commencing upon its purchase and ending one year after the date of purchase, seventy-five per cent of the vehicle's revenue from its days in service is not derived from out-of-state trips or trips crossing state lines.

Statement of Legislative Commissioners:

In Section 1, "as defined in section 14-1 of the general statutes, as amended by this act," was inserted throughout for accuracy and clarity, in Section 2, "2018" was changed to "2019" for accuracy, and in Section 3, ", sections 1 and 2 of this act and this section" was substituted for "and sections 1 and 2 of this act" for accuracy.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Note: TF=Transportation Fund; GF=General Fund

Municipal Impact:

Explanation

Sections 10, 14 and 15 of the bill result in a potential revenue gain to municipalities that choose to regulate E-bicycles. Any revenue gain would vary based on the provisions of E-bicycle ordinances adopted by municipalities. For example, a municipality that imposes a license fee on E-bicycles would realize a revenue gain that would vary based on the number of E-bicycles licensed in town.

Sections 17 and 18 of the bill lower the number of unpaid parking fines in one municipality from five to two which will trigger the Department of Motor Vehicles (DMV) to withhold motor vehicle registrations. This is anticipated to result in a revenue loss to the Special Transportation Fund (STF) due to an increase in the number of withheld registrations and a corresponding revenue gain to municipalities dependent on the number of individuals who pay parking fines to register their vehicles. In FY 17, there were 717 motor vehicle registrations withheld because of five or more parking fines. If none of these individuals paid their parking fines, there would be a revenue loss of approximately $57,360 to the STF dependent on the type of motor vehicle registration.

Section 21 results in a potential cost to municipal parking authorities by allowing them to expand their operations. Any cost would only occur if a municipal parking authority chose to construct or maintain a commuter lot network.

Lastly, the bill also adds electric bicycle operators to statutes that govern bicycle riders, including violations of provisions, which results in potential minimal revenue from new fines. In FY 17, 17 bicycle violations resulted in a total of $1,704 in fines.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future dependent on the number of E-bicycles and motor vehicle registrations withheld.

OLR Bill Analysis

sHB 5485

AN ACT CONCERNING ELECTRIC BICYCLES, TRAFFIC CONTROL AND PARKING AND TRAFFIC AUTHORITIES.

SUMMARY

This bill classifies electric bicycles (e-bikes) into three categories and generally gives e-bike riders the same rights, privileges, and duties as existing law provides for regular bicycle riders (§§ 1, 3-16 & 23). It also requires manufacturers of e-bikes sold in the state to comply with specific requirements, such as ensuring e-bikes conform to relevant federal regulations (§ 2).

The bill also makes unrelated changes to laws related to motor vehicle registrations, traffic control, and transportation-related projects. It:

1. lowers, from five to two, the number of unpaid parking fines in one municipality that may result in the Department of Motor Vehicles (DMV) commissioner withholding motor vehicle registrations (§§ 17 & 18);

2. beginning October 1, 2020, generally authorizes drivers to turn left when a traffic signal is solid red when doing so from a one-way road onto another one-way road (§ 19);

3. authorizes state and local traffic authorities to post at crosswalks signs that say “Stop for Pedestrians”(§ 20); and

4. authorizes municipalities, including fire districts, to construct and operate transit systems, bike and motor vehicle share systems, and commuter lot networks (§ 21).

The bill also appears to authorize a municipality to permit its parking authority to enforce parking regulations and receive certain state remittances (§ 22).

Lastly, the bill makes technical and conforming changes.

EFFECTIVE DATE: October 1, 2018

§§ 1-16 & 23 — E-BIKES

The bill generally requires e-bikes to be treated like regular bicycles. Similarly, e-bike riders must be afforded the same rights and privileges and are subject to the same duties as regular bicycle riders.

Unless prohibited by local ordinance, e-bikes may be used where regular bicycles are used, with an exception. E-bikes cannot be used, unless permitted by local ordinance, on bicycle or multiuse trails or paths designed for non-motorized traffic with a natural surface made by clearing and grading soil, without adding surfacing materials.

E-bike Classification (§ 3)

The bill defines three types of e-bikes, all of which must have operable foot pedals and, at most, a 749 watt motor:

1. A Class 1 e-bike's motor must operate only when the rider is peddling. The motor must disengage when the e-bike reaches 20 mph.

2. A Class 2 e-bike's motor may be used exclusively to propel the e-bike (i.e., without peddling). The motor must disengage when the e-bike reaches 20 mph.

3. A Class 3 e-bike's motor must operate only when rider is peddling. The motor must disengage when the e-bike reaches 28 mph.

The bill's definition of e-bike specifically excludes dirt bikes and all-terrain vehicles.

Rules Applicable to Class 3 E-bikes (§ 1)

The bill establishes three requirements specifically for Class 3 e-bikes. Under the bill:

1. Class 3 e-bike riders must be at least age 16 (but there are no age restrictions for passengers);

2. Class 3 e-bike riders and passengers must wear a helmet meeting the minimum specifications applicable to bicycle helmets; and

3. Class 3 e-bikes cannot be used on any bicycle or multiuse trails or paths.

Standards for E-bike Manufacturers (§ 2)

Beginning January 1, 2019, the bill requires manufacturers of e-bikes sold in the state to:

1. ensure that the e-bikes conform to relevant federal regulations concerning bicycles;

2. attach a conspicuous label to each e-bike, listing its classification, maximum speed, and motor wattage;

3. equip Class 3 e-bikes with a miles-per-hour speedometer;

4. ensure Class 1 and 3 e-bike motors disengage when the rider stops pedaling; and

5. ensure Class 2 e-bike motors disengage when the rider applies the brakes.

State and Local Regulation (§§ 10, 14 & 15)

The bill generally authorizes the Office of the State Traffic Administration to regulate e-bikes within its jurisdiction (i.e., on state highways and roads on state-owned property). The office already has this authority with respect to regular bicycles.

Existing law requires the office to adopt regulations governing highways and roads in its jurisdiction, including the operation of motor vehicles and bicycles. The bill additionally requires these regulations to cover e-bike operation.

Existing law grants municipalities authority to regulate regular bicycles, as long as the ordinances do not conflict with state laws or regulations. The bill extends this authority to allow municipalities to regulate e-bikes. Thus, among other things, municipalities can adopt ordinances requiring annual licensing of e-bikes or requiring the registration of e-bike sales and ownership changes.

Conforming Changes to Treat E-bikes like Regular Bicycles

The bill makes conforming changes to treat e-bikes like regular bicycles. Among other things, it:

1. exempts e-bikes from emissions inspections,

2. requires e-bike riders to comply with driving laws applicable to bicycles (e.g., signaling before turning),

3. requires motor vehicle operators to treat e-bikes like regular bicycles (e.g., when passing),

4. imposes a 100% surcharge on fines for certain moving violations involving a motor vehicle and an e-bike,

5. prohibits parents and guardians from authorizing or knowingly permitting their wards to violate state laws or local ordinances on e-bikes, and

6. makes it an infraction not to equip e-bikes with lights and reflectors.

§§ 17 & 18 — WITHHOLDING MOTOR VEHICLE REGISTRATIONS

By law, municipalities may participate in a program administered by DMV that assists them in collecting unpaid parking fines. Under current law, municipalities that choose to participate must notify DMV of vehicle owners who have more than five unpaid parking violation fines. The bill lowers this threshold to two.

As under existing law, (1) once notified, DMV cannot issue or renew a motor vehicle registration for these owners until the municipality notifies DMV that the fines have been paid and (2) DMV cannot withhold registrations under the program from leasing companies and similar entities.

§ 19 — MAKING A LEFT TURN WHEN A TRAFFIC SIGNAL IS RED

Beginning October 1, 2020, the bill allows drivers, on a red light, to turn left from a one-way road onto a one-way road, unless a sign prohibits it. These turns are permitted under the same conditions as right turns on a red light: a driver must first stop, yield to pedestrians in a crosswalk and other traffic in the intersection, and then cautiously enter the intersection to make the turn. Under the bill, left turns on red are only permitted if the red light is steady and traffic is moving to the left of the turning vehicle.

§ 20 — “STOP FOR PEDESTRIANS” SIGNS AT CROSSWALKS

The bill authorizes the Office of State Traffic Administration and local traffic authorities to post and maintain “Stop for Pedestrians” signs at crosswalks. By law, a “crosswalk” is the portion of a highway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a highway distinctly indicated, by lines or other markings on the surface, as a crossing for pedestrians, except such prolonged or connecting lines from an alley across a street (CGS § 14-297(2)).

By law, at intersections with pedestrian or traffic control signals, pedestrians started or starting across the road on a “walk,” green light, or “Go” signal have the right of way over all other vehicles, including those making turns, until they have reached the opposite curb or safety zone. At crosswalks that do not have these signals, pedestrians generally have the right of way after they (1) have stepped off the curb at a crosswalk or (2) enter a marked or unmarked crosswalk (CGS § 14-300).

§ 21 — TRANSIT, BIKE SHARE, AND MOTOR VEHICLE SHARE SYSTEMS AND COMMUTER LOT NETWORKS

The bill expands the types of facilities that, under the municipal parking authority statutes, towns, cities, boroughs, and fire districts (“municipalities”) may operate themselves or through a parking authority. Under the bill, in addition to providing off-street parking facilities, municipalities may provide commuter lot networks, transit systems, or bicycle or motor vehicle share systems.

The bill generally authorizes municipalities to provide these facilities in the same manner in which they provide off-street parking. Thus, under the bill, municipalities may finance, construct, maintain, operate, and lease commuter lot networks, transit systems, or bicycle or motor vehicle share systems. In exercising these powers, municipalities may issue general obligation or revenue bonds and charge user fees, among other things. But the bill does not extend to municipalities creating commuter lot networks, transit systems, or bicycle or motor vehicle share systems the condemnation authority that they have under existing law for off-street parking facilities.

§ 22 — DESIGNATING AN AUTHORITY TO ENFORCE PARKING REGULATIONS AND RECEIVE REMITTANCES

The bill permits a town and city that consolidated in 1895, has a mayor and court of common council, and a population of more than 100,000, to authorize its parking authority, by ordinance, to:

1. enforce the city's parking regulations and

2. receive fine remittances due to the city from the state for certain traffic violations.

New Haven is the only consolidated town and city that consolidated in 1895 and has more than 100,000 people. However, New Haven does not have a court of common council.

Under existing law, unchanged by the bill, Hartford is authorized to make its parking authority responsible for enforcing parking regulations and receiving remittances.

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable Substitute