Sec. 13a-247. Excavations, obstructions and subtractions.
Sec. 13a-250. Use of labor of correctional institution inmates.
Sec. 13a-251. Maintenance of James H. MacDonald Memorial Park.
Sec. 13a-253. State dock at East Haddam.
Sec. 13a-254. Renaming of memorial highways.
Sec. 13a-254a. Ella T. Grasso Turnpike named.
Sec. 13a-255. Establishment of a Connecticut coordinate system.
Sec. 13a-256. Highway research program.
Sec. 13a-257. Contractor not immune from liability.
Sec. 13a-258. Maintenance of sidewalks pending completion of highway project.
Sec. 13a-260. Pilot program to test fully autonomous vehicles.
Sec. 13a-262. Pilot program re work zone speed control systems in highway work zone.
Sec. 13a-264. Review of recorded images. Notice of violation. Defenses.
Sec. 13a-265. Information to Department of Transportation and vendor.
Sec. 13a-267. Personally identifiable information.
Sec. 13a-247. Excavations, obstructions and subtractions. (a) No person, firm, corporation or utility company shall excavate within or under, or place any obstruction or substruction within, under, upon or over, or interfere with construction, reconstruction or maintenance of or drainage from, any state highway without the written permission of the commissioner. Any excavation made or obstruction or substruction placed without a permit or in violation of the provisions of a permit shall be removed or altered by the person, firm, corporation or utility company making or placing the same within thirty days from the date when said commissioner sends by registered or certified mail, postage prepaid, a notice to such person, firm, corporation or utility company, ordering such removal or alteration. If such person, firm, corporation or utility company fails to remove or alter any excavation, obstruction or substruction not later than thirty days after receipt of such notice from the commissioner, the commissioner may fill in or close any such excavation or remove or alter any such obstruction or substruction, and the expense incurred by the commissioner in such filling or removing or altering shall be paid by such person, firm, corporation or utility company.
(b) Notwithstanding the provisions of subsection (a) of this section, if the commissioner determines that a person, firm, corporation or utility company has created an unsafe condition within, under, upon or over the state highway that requires immediate corrective action, the commissioner may order immediate corrective action to remedy the unsafe condition. Any costs and expenses incurred by the commissioner to remedy the unsafe condition shall be paid by such person, firm, corporation or utility company.
(c) The state shall not be liable for any damage to private property placed in the state highway without a permit.
(d) Any person, firm, corporation or utility company violating any provision of this section shall be fined not less than two thousand dollars or more than five thousand dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.
(1949 Rev., S. 2250; 1958 Rev., S. 13-137; 1959, P.A. 26; 1963, P.A. 226, S. 247; 1967, P.A. 237; P.A. 03-115, S. 39; P.A. 04-257, S. 20; P.A. 22-40, S. 16.)
History: 1959 act added prohibition of interference with construction, reconstruction, maintenance or drainage; 1963 act restated previous provisions: See title history; 1967 act required removal of excavation, obstruction or substruction made after July 1, 1925, without permit or in violation of permit at commissioner's discretion; P.A. 03-115 divided existing provisions into Subsecs. (a) and (b) and made technical changes; P.A. 04-257 made a technical change in Subsec. (b), effective June 14, 2004; P.A. 22-40 amended Subsec. (a) by adding references to utility company and rewriting provisions re failure to remove or alter any excavation, obstruction or substruction, added new Subsec. (b) re unsafe condition that requires immediate corrective action, added Subsec. (c) re state not liable for damage to private property placed in state highway without permit, redesignated existing Subsec. (b) as Subsec. (d) and amended same to add references to utility company, replace provision re fine not more than $100 for first offense and not less than $100 or more than $500 for subsequent offense with provision re fine not less than $2,000 or more than $5,000 for each offense and add provision re each violation shall be separate and distinct offense and made technical and conforming changes, effective July 1, 2022.
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Sec. 13a-248. Payments to volunteer fire companies for calls on limited access highways, Berlin Turnpike and South Meadows Expressway and Route 8 in the Naugatuck State Forest. Section 13a-248 is repealed, effective August 20, 2003.
(1959, P.A. 540, S. 1; 1961, P.A. 550; 1963, P.A. 226, S. 248; February, 1965, P.A. 592; 1967, P.A. 156; 1969, P.A. 607; 1971, P.A. 744; 750; P.A. 81-353, S. 4, 5; June 30 Sp. Sess. P.A. 03-6, S. 248.)
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Sec. 13a-249. Erection of temporary buildings for purposes incidental to the construction and maintenance of highways. The commissioner may erect temporary buildings upon land owned by the state and under the jurisdiction of the Department of Transportation for purposes incidental to the construction and maintenance of highways.
(1949 Rev., S. 2193; 1958 Rev., S. 13-78; 1963, P.A. 226, S. 249; 1969, P.A. 768, S. 131; P.A. 75-425, S. 49, 57; P.A. 03-115, S. 40.)
History: 1963 act restated previous provisions: See title history; 1969 act replaced highway department with department of transportation; P.A. 75-425 removed commissioner's power to construct permanent buildings; P.A. 03-115 made a technical change.
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Sec. 13a-250. Use of labor of correctional institution inmates. The warden of the Connecticut Correctional Institution, Somers, the warden of the John R. Manson Youth Institution, Cheshire or the Community Correctional Center Administrator, upon the requisition of the commissioner, may permit any inmate of any institution under said warden's or administrator's charge, other than a person serving a life sentence, to be employed in the construction of any highway or bridge, under the direction of said commissioner. Said warden or Community Correctional Center Administrator shall furnish necessary guards over prisoners while out of the custody of any such institution.
(1949 Rev., S. 2184; 1958 Rev., S. 13-71; 1963, P.A. 226, S. 250; 642, S. 11; 1969, P.A. 297; P.A. 86-186, S. 5; P.A. 87-282, S. 5; P.A. 03-115, S. 41.)
History: 1963 acts substituted state jail administrator for obsolete reference to county sheriff and restated previous provisions: See title history; 1969 act substituted “community correctional center” for “jail”; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; P.A. 87-282 substituted “warden” for “superintendent” of the John R. Manson Youth Institution, Cheshire; P.A. 03-115 made a technical change for the purpose of gender neutrality.
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Sec. 13a-251. Maintenance of James H. MacDonald Memorial Park. The commissioner may maintain, from funds available to the Department of Transportation, the James H. MacDonald Memorial Park in the town of Avon.
(1949 Rev., S. 2235; 1958 Rev., S. 13-102; 1963, P.A. 226, S. 251; 1969, P.A. 768, S. 132; P.A. 03-115, S. 42.)
History: 1963 act restated previous provisions: See title history; 1969 act replaced highway department with department of transportation; P.A. 03-115 made a technical change.
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Sec. 13a-252. Certain ferries to be operated by state. Fees. Rocky Hill ferry deemed a state historic structure. (a) The ferries crossing the Connecticut River, known as the Rocky Hill ferry and the Chester and Hadlyme ferry, shall be maintained and operated by the Commissioner of Transportation at the expense of the state. The rates of toll or the charges to be made for travel upon said ferries shall be fixed by the commissioner with the approval of the Secretary of the Office of Policy and Management. The commissioner may establish a discounted commuter rate for travel upon said ferries.
(b) All expense of maintenance, repairs and operation of said ferries shall be paid by the Comptroller on vouchers of the commissioner. The commissioner shall include in his report to the General Assembly a report of the receipts and expenditures incidental to the control and maintenance of said ferries. Said Rocky Hill ferry shall be maintained as a state historic structure and shall be so marked with an appropriate plaque by the commissioner in cooperation with the Department of Economic and Community Development.
(1949 Rev., S. 2349; 1951, S. 1277d; 1958 Rev., S. 13-99; 1963, P.A. 226, S. 252; 1969, P.A. 768, S. 133; P.A. 73-441; 73-675, S. 39; P.A. 74-342, S. 34, 43; P.A. 75-568, S. 32, 45; P.A. 77-614, S. 19, 610; June 30 Sp. Sess. P.A. 03-3, S. 40; June 30 Sp. Sess. P.A. 03-6, S. 210(e); Sept. 8 Sp. Sess. P.A. 03-1, S. 8; P.A. 04-20, S. 3; 04-143, S. 7; 04-205, S. 5; May Sp. Sess. P.A. 04-1, S. 30; P.A. 11-48, S. 164.)
History: 1963 act replaced previous provisions: See title history; 1969 act replaced highway commissioner with commissioner of transportation; P.A. 73-441 added provision re Rocky Hill Ferry's status as state historic structure; P.A. 73-675 replaced highway fund with transportation fund; P.A. 74-342 replaced reference to Sec. 4-32 with reference to Sec. 13b-61; P.A. 75-568 deleted reference to deposits of receipts in transportation fund in accordance with Sec. 13b-61; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; June 30 Sp. Sess. P.A. 03-3 added provisions re rates of tolls or charges, effective August 20, 2003; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced Connecticut Historical Commission with Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; Sept. 8 Sp. Sess. P.A. 03-1 divided existing provisions into Subsecs. (a) and (b) and amended Subsec. (a) to authorize a discounted commuter rate, effective September 10, 2003; P.A. 04-143 amended Subsec. (a) to eliminate rate increases effective after August 20, 2003, effective May 21, 2004; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism; P.A. 11-48 amended Subsec. (b) to replace “Connecticut Commission on Culture and Tourism” with “Department of Economic and Community Development”, effective July 1, 2011.
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Sec. 13a-253. State dock at East Haddam. (a) The commissioner may repair, maintain and operate the dock on the east bank of the Connecticut River, known as the “Opera House Dock”, in the town of East Haddam, as a public convenience. The commissioner may make regulations, consistent with the welfare, safety and convenience of the public, for the use of said dock and may establish and from time to time revise rates for dockage fees and collect such fees.
(b) Any person who violates any regulation established as provided in this section shall be fined not more than fifty dollars.
(1949 Rev., S. 2214; 1949, S.A. 246; 1958 Rev., S. 13-98; 1963, P.A. 226, S. 253; 1971, P.A. 664; P.A. 73-675, S. 40, 44; P.A. 75-568, S. 33, 45; P.A. 76-435, S. 51, 82.)
History: 1963 act replaced previous provisions: See title history; 1971 act deleted Subsec. (a) re state dock at Guilford and incorporated its provisions in Subsec. (b) redesignated as (a), redesignated Subsec. (c) as Subsec. (b), increasing fine from $10 to $50; P.A. 73-675 replaced highway fund with transportation fund; P.A. 75-568 deleted references to Guilford dock and to deposit of dockage fees in transportation fund; P.A. 76-435 made technical corrections.
Cited. 124 C. 35.
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Sec. 13a-254. Renaming of memorial highways. When a state highway which has been given a name by act of the General Assembly has been reconstructed, relocated or renumbered, the commissioner may apply such name to such reconstructed, relocated or renumbered section except when the commissioner determines that such name applies exclusively, because of personal or historical association, to the highway as originally constructed.
(1949 Rev., S. 2211; 1958 Rev., S. 13-95; 1963, P.A. 226, S. 254; P.A. 03-115, S. 43.)
History: 1963 act replaced previous provisions: See title history; P.A. 03-115 made a technical change for the purpose of gender neutrality.
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Sec. 13a-254a. Ella T. Grasso Turnpike named. The portion of the state highway designated as Connecticut Route 75 running from the southern border of the Windsor Locks town line to the northern border of the Windsor Locks town line shall be named the Ella T. Grasso Turnpike.
(P.A. 81-463, S. 5, 10.)
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Sec. 13a-255. Establishment of a Connecticut coordinate system. (a) Designation of systems. Publication of descriptions. The systems of plane coordinates which have been established by the National Geodetic Survey created by the National Ocean Service, formerly the United States Coast and Geodetic Survey, or its successors, or the Connecticut Geodetic Survey for purposes of defining and stating the geographic positions or locations of points on the surface of the earth within the state of Connecticut shall hereafter be known and designated as the Connecticut Coordinate System of 1927 and the Connecticut Coordinate System of 1983. In any land description in which such system is used, it shall be designated the “Connecticut Coordinate System of 1927” or the “Connecticut Coordinate System of 1983”, whichever is applicable. A detailed description of each system shall be published by the Commissioner of Transportation.
(b) Maintenance. Said systems shall be designated as the Connecticut coordinate systems, and said commissioner shall be responsible for their extension, revision and maintenance.
(c) Definitions. The following definition by the National Ocean Service is adopted: The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point, shall consist of two distances expressed in U.S. survey feet and decimals of a foot. One of these distances, to be known as the “N-coordinate”, shall give the position in a north and south direction; the other, to be known as the “E-coordinate”, shall give the position in an east and west direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Geodetic Survey created by the National Ocean Service, formerly the United States Coast and Geodetic Survey, or its successors, and whose plane coordinates have been computed on the systems defined in this section.
(1) “The Connecticut Coordinate System of 1927” is defined as follows: A Lambert conformal conic projection of the Clarke spheroid of 1866, having standard parallels at north latitudes 41 degrees 52 minutes and 41 degrees 12 minutes along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 72 degrees 45 minutes west of Greenwich and the parallel 40 degrees 50 minutes north latitude. This origin is given the coordinates: X=600,000 and Y=0 feet.
(2) “The Connecticut Coordinate System of 1983” is defined as follows: A Lambert conformal conic projection of the North American datum of 1983, having standard parallels at north latitudes 41 degrees 52 minutes and 41 degrees 12 minutes along which parallels the scale shall be exact. The origin of coordinates is at the intersection of the meridian 72 degrees 45 minutes west of Greenwich and the parallel 40 degrees 50 minutes north latitude. This origin is given the coordinates: N=500,000 feet and E=1,000,000 feet.
(d) Use of names. The use of the term “Connecticut Coordinate System of 1927” or “the Connecticut Coordinate System of 1983” on any map, report of survey or other document shall be limited to coordinates based on the Connecticut coordinate systems, as defined in subsection (c).
(e) Description. For the purposes of describing the location of any survey station or land boundary corner in the state of Connecticut, it shall be considered a complete, legal and satisfactory description of such location to give the position of said survey station or land boundary corner on the system of plane coordinates, as defined in this section.
(f) Interpretation. Nothing contained in this section shall require descriptions of real estate to be based only on either of the Connecticut coordinate systems.
(g) Entry upon private property. Said commissioner or his agent or agents may enter upon private property for the purpose of surveying, establishing or maintaining the survey. He shall use care so that no unnecessary damage shall result to any private property and the state shall be liable to the owner of such property for any damage so caused.
(h) Final date for use of 1927 system. The Connecticut Coordinating System of 1927 shall not be used for new mapping after December 31, 1996; the Connecticut Coordinate System of 1983 shall be the sole system for new mapping after said date.
(1949 Rev., S. 2212; 1958 Rev., S. 13-97; 1963, P.A. 226, S. 255; 1969, P.A. 768, S. 134; P.A. 86-68; P.A. 91-53; P.A. 03-115, S. 44.)
History: 1963 act replaced previous provisions: See title history; 1969 act replaced highway commissioner with commissioner of transportation; P.A. 86-68 amended Subsec. (c) by changing the X coordinate from 600,000 feet to 1,000,000 feet and by changing the Y coordinate from 0 feet to 500,000 feet; P.A. 91-53 redefined the Connecticut coordinate system by establishing a coordinate system of 1927 and a coordinate system of 1983 and added a new Subsec. (h) re date by which the coordinate system of 1983 shall be the sole system for mapping; P.A. 03-115 amended Subsec. (a) to include the systems of plane coordinates established by the Connecticut Geodetic Survey in the Connecticut Coordinate System, effective June 18, 2003.
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Sec. 13a-256. Highway research program. For each fiscal year, there may be allocated two hundred fifty thousand dollars out of funds available to the commissioner not otherwise specifically allocated, to be used for a continuing joint highway research program. The commissioner and the president of The University of Connecticut may make agreements to establish such controls as may be mutually agreeable for the determination of the research to be undertaken in accordance with such program and to determine their respective responsibilities relative to administration, financing and the publication of findings. If suitable agreements can be entered into prior to the time that allocation of funds for any fiscal year is made, said commissioner may furnish the funds to continue such program from funds next to be allocated. Funds remaining unexpended at the end of each fiscal year shall revert to the unappropriated funds available to the commissioner.
(1961, P.A. 495; 1963, P.A. 226, S. 256; P.A. 86-300, S. 1, 3; P.A. 03-115, S. 45.)
History: 1963 act replaced previous provisions: See title history; P.A. 86-300 increased allocation for research program from $50,000 to $250,000; P.A. 03-115 made technical changes.
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Sec. 13a-257. Contractor not immune from liability. The immunity of the state from liability for damage or injuries incurred on a highway or bridge closed under the provisions of sections 13a-115 and 13a-145 shall not extend to any contractor performing work for the state on such highway or bridge.
(1963, P.A. 144.)
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Sec. 13a-258. Maintenance of sidewalks pending completion of highway project. The Commissioner of Transportation shall maintain any sidewalk, including the removal of snow and ice, abutting property acquired for highway purposes, from the date of acquisition until the section of highway for which the property was acquired is completed. The commissioner may agree with the municipality in which such sidewalk is located that it perform such maintenance of, and removal of snow and ice from, such sidewalk as the commissioner deems necessary and reimburse the municipality for the expense thereof; provided such agreement shall not, for the purposes of section 13a-144, release the commissioner from the duty to maintain such sidewalk. Any person using such sidewalk shall do so at such person's own risk when such sidewalk is posted in accordance with section 13a-115.
(1963, P.A. 537; 1969, P.A. 768, S. 135; P.A. 03-115, S. 46.)
History: 1969 act replaced highway commissioner with commissioner of transportation; P.A. 03-115 made technical changes for the purpose of gender neutrality.
Cited. 44 CA 651.
Cited. 44 CS 389.
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Sec. 13a-259. Permits for filming on highways and property of the Department of Transportation. Liability. The Commissioner of Transportation, following the presentment of a state film permit by a person pursuant to subsection (c) of section 32-1u, may issue a filming permit, on a form required by the commissioner, to such person seeking to create photographs, moving images, footage and sound recordings for commercial, entertainment or advertising purposes upon any state highway right-of-way or state real property under the custody and control of the Department of Transportation. No liability shall accrue to the state or any agency or employee of the state for any injuries or damages to any person or property that may result, either directly or indirectly, from the filming activities of the permittee on state real property or state highway right-of-way. The commissioner shall develop any such permit in consultation with the Commissioner of Economic and Community Development.
(P.A. 13-277, S. 4; P.A. 16-200, S. 2.)
History: P.A. 16-200 added “, following the presentment of a state film permit by a person pursuant to subsection (c) of section 32-1u,”, deleted provision re insurance coverage and made a conforming change.
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Sec. 13a-260. Pilot program to test fully autonomous vehicles. (a) For the purposes of this section:
(1) “Fully autonomous vehicle” means a motor vehicle that is equipped with an automated driving system, designed to function without an operator and classified as level four or level five by SAE J3016;
(2) “Automated driving system” means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the automated driving system is limited to a specific operational design domain;
(3) “Dynamic driving task” means the real-time operational and tactical functions required to operate a motor vehicle on highways, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints;
(4) “Operational design domain” means a description of the operating domains in which an automated driving system is designed to function, including, but not limited to, geographic, roadway, environmental and speed limitations;
(5) “SAE J3016” means the “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles” published by SAE International in September 2016;
(6) “Operator” means the person who causes the automated driving system to engage while physically inside the fully autonomous vehicle;
(7) “Autonomous vehicle tester” means an autonomous vehicle manufacturer, institution of higher education, fleet service provider or automotive equipment or technology provider;
(8) “Fleet service provider” means a person or entity that owns or leases a fully autonomous vehicle and operates such fully autonomous vehicle for commercial or public use;
(9) “Autonomous vehicle manufacturer” means: (A) A person or entity that builds or sells fully autonomous vehicles; (B) a person or entity that installs automated driving systems in motor vehicles that are not originally built as fully autonomous vehicles; or (C) a person or entity that develops automated driving systems in fully autonomous vehicles or motor vehicles that are not originally built as fully autonomous vehicles;
(10) “Secretary” means the Secretary of the Office of Policy and Management; and
(11) “Highway”, “limited access highway” and “operator's license” have the same meanings as defined in section 14-1.
(b) The Office of Policy and Management, in consultation with the Departments of Motor Vehicles, Transportation and Emergency Services and Public Protection, shall establish a pilot program for not more than four municipalities to allow autonomous vehicle testers to test fully autonomous vehicles on the highways of such municipalities. Municipalities shall apply to the Secretary of the Office of Policy Management in the manner and form directed by the secretary for inclusion in the pilot program. The secretary shall select at least one municipality with a population of at least one hundred twenty thousand, but not more than one hundred twenty-four thousand, and one municipality with a population of at least one hundred thousand, as enumerated in the 2010 federal decennial census.
(c) The chief elected official or chief executive officer of a municipality selected by the secretary shall select and enter into a written agreement with an autonomous vehicle tester or autonomous vehicle testers to test fully autonomous vehicles on the highways of the municipality. Such agreement shall, at a minimum: (1) Specify the locations and routes where such fully autonomous vehicles may operate; (2) prohibit the operation of such fully autonomous vehicles outside such locations and routes except in the case of an emergency; (3) identify each fully autonomous vehicle to be tested by vehicle identification number, make, year and model; and (4) specify the hours of operation of such fully autonomous vehicles.
(d) An autonomous vehicle tester shall not test a fully autonomous vehicle in a municipality unless:
(1) The operator is: (A) Physically inside the fully autonomous vehicle; (B) monitoring the operation of such fully autonomous vehicle; (C) capable of taking immediate manual control of such fully autonomous vehicle; (D) an employee, independent contractor or other person designated and trained by the autonomous vehicle tester concerning the capabilities and limitations of such fully autonomous vehicle; and (E) a holder of an operator's license;
(2) The autonomous vehicle tester: (A) Registers each fully autonomous vehicle to be tested with the Commissioner of Motor Vehicles pursuant to section 14-12; and (B) submits to the commissioner, in a manner and form directed by the commissioner, proof of liability insurance, self-insurance or a surety bond of at least five million dollars for damages by reason of bodily injury, death or property damage caused by a fully autonomous vehicle; and
(3) The operator and autonomous vehicle tester: (A) Comply with any provision of the general statutes or any ordinance of a municipality concerning the operation of motor vehicles; (B) comply with standards established by the National Highway Traffic Safety Administration regarding fully autonomous vehicles; and (C) satisfy any other requirement as determined by the secretary, in consultation with the Commissioners of Motor Vehicles, Transportation and Emergency Services and Public Protection, as necessary to ensure the safe operation of such fully autonomous vehicle.
(e) No autonomous vehicle tester shall test a fully autonomous vehicle on any limited access highway.
(f) The secretary may immediately prohibit an operator or autonomous vehicle tester from testing a fully autonomous vehicle if the secretary, in consultation with the Commissioners of Motor Vehicles, Transportation and Emergency Services and Public Protection, determines that such testing poses a risk to public safety or that such operator or autonomous vehicle tester fails to comply with the provisions of this section or with the requirements of the pilot program.
(g) An autonomous vehicle tester that participates in the pilot program shall provide information to the secretary and the task force established pursuant to section 2 of public act 17-69* that the secretary and task force deem to be appropriate for measuring the performance of the pilot program. The autonomous vehicle tester may withhold any commercially valuable, confidential or proprietary information.
(h) Not later than July 1, 2020, and annually thereafter, the secretary shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with section 11-4a, concerning the implementation and progress of the pilot program.
(P.A. 17-69, S. 1; P.A. 19-119, S. 17.)
*Note: Section 2 of public act 17-69 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.
History: P.A. 17-69 effective June 27, 2017; P.A. 19-119 amended Subsec. (a)(6) to redefine “operator”, amended Subsec. (d)(1)(A) to replace “Seated in the driver's seat of” with “Physically inside” and amended Subsec. (h) to replace “January 1, 2019” with “July 1, 2020”, effective July 12, 2019.
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Sec. 13a-261. Definitions. For the purposes of this section and sections 13a-262 to 13a-268, inclusive:
(1) “Department” means the Department of Transportation.
(2) “Limited access state highway” means any state highway so designated under the provisions of section 13b-27.
(3) “Owner” means a person in whose name a motor vehicle is registered under the provisions of chapter 246 or law of another jurisdiction.
(4) “Personally identifiable information” means information created or maintained by the department or a vendor that identifies or describes an owner and includes, but need not be limited to, the owner's address, telephone number, number plate, photograph, bank account information, credit card number, debit card number or the date, time, location or direction of travel on a limited access highway.
(5) “Vendor” means a person selected by the department (A) to provide services to the department described in sections 13a-262 to 13a-268, inclusive; (B) who operates, maintains, leases or licenses a work zone speed control system; or (C) is authorized to review and assemble the recorded images captured by the work zone speed control system.
(6) “Highway work zone” has the same meaning as provided in section 14-212d.
(7) “Work zone speed control system” means a device having one or more motor vehicle sensors connected to a camera system capable of producing recorded images that indicate the date, time and location of the image of each motor vehicle allegedly operating in violation of the provisions of section 13a-263.
(8) “Work zone speed control system operator” means a person who is trained and certified to operate a work zone speed control system.
(9) “Driver” and “number plate” have the same meanings as provided in section 14-1.
(June Sp. Sess. P.A. 21-2, S. 296; P.A. 22-40, S. 18.)
History: P.A. 22-40 amended Subdiv. (3) to make a technical change, effective July 1, 2022.
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Sec. 13a-262. Pilot program re work zone speed control systems in highway work zone. (a) The department may establish a pilot program to operate work zone speed control systems in a highway work zone. The pilot program shall provide for such systems at not more than three locations in the state at any one time. A work zone speed control system may be used to record the images of motor vehicles traveling on a limited access highway (1) within a highway work zone, and (2) on which the speed limit, established using generally accepted traffic engineering practices, is forty-five miles per hour or greater. The pilot program shall commence on or before January 1, 2022, and terminate on December 31, 2023.
(b) A work zone speed control system may be used provided (1) such system is operated by a work zone speed control system operator, (2) if, in accordance with the manual of uniform traffic control devices as approved and revised by the Office of State Traffic Administration, at least two conspicuous road signs are placed at a reasonable distance in advance of a highway work zone notifying drivers that a work zone speed control system may be in operation, (3) at least one of the signs described in subdivision (2) of this subsection indicates that the work zone speed control system is operational or is not operational, (4) an appropriate sign is conspicuously placed at the end of a highway work zone with a work zone speed control system that is operational, and (5) a notice identifying the location of a work zone speed control system is available on the Internet web site of the department.
(c) A work zone speed control system shall be used in a manner to only record images of motor vehicles that are exceeding the posted highway work zone speed limit by fifteen miles per hour or more in violation of the provisions of section 13a-263. Any recorded images collected as part of a work zone speed control system shall not be used for any surveillance purpose. The department or work zone speed control system operator shall certify to the Division of State Police when a work zone speed control system is operational.
(d) The Commissioner of Transportation may (1) enter into agreements with vendors for the design, operation or maintenance, or any combination thereof, of work zone speed control systems, and (2) retain and employ consultants and assistants on a contract or other basis for rendering legal, financial, professional, technical or other assistance and advice necessary for the design, operation and maintenance of work zone speed control systems. If a vendor provides, deploys or operates a work zone control system, the vendor's fee may not be contingent on the number of violations issued or fines paid pursuant to the provisions of section 13a-263.
(June Sp. Sess. P.A. 21-2, S. 297.)
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Sec. 13a-263. Exceeding speed limit in highway work zone detected by work zone speed control system. Penalty. (a) No person operating a motor vehicle shall exceed the posted speed limit by fifteen or more miles per hour, as detected by a work zone speed control system, within a highway work zone where a work zone speed control system is operational.
(b) The owner of a motor vehicle identified by a work zone speed camera control system as violating the provisions of subsection (a) of this section shall, (1) for a first violation, receive a written warning, (2) for a second violation, be fined seventy-five dollars, (3) for a subsequent violation, be fined one hundred fifty dollars. The owner shall be liable for any such fine imposed unless the driver of the motor vehicle received a citation from a law enforcement officer at the time of the violation.
(c) All amounts received in respect to the violation of subsection (a) of this section shall be deposited into the Special Transportation Fund, established pursuant to section 13b-68 and maintained pursuant to article thirty-second of the amendments to the Constitution of the state.
(June Sp. Sess. P.A. 21-2, S. 298.)
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Sec. 13a-264. Review of recorded images. Notice of violation. Defenses. (a)(1) Whenever a work zone speed control system detects and produces recorded images of a motor vehicle allegedly committing a violation of section 13a-263, a sworn member or authorized member of the Division of State Police within the Department of Emergency Services and Public Protection shall review the recorded images provided by such system. If, after such review, such member determines that there are reasonable grounds to believe that a violation has occurred, such member may issue a notice of violation for the alleged violation. Such notice of violation shall be sworn or affirmed by such member and shall be prima facie evidence of the facts contained in the notice. Such notice of violation shall include written verification that the work zone speed control system was operating correctly at the time of the alleged violation and specify the date of the most recent inspection that confirms the work zone speed control system to be operating properly.
(2) A work zone speed control system operator shall complete training offered by the manufacturer of such system, including training on any devices critical to the operation of such system or the manufacturer's representative in the procedures for setting up, testing and operating such system. Upon completion of the training, the manufacturer or manufacturer's representative shall issue a signed certificate to the work zone speed control system operator. Such signed certificate shall be admitted as evidence in any court proceeding for an alleged violation of section 13a-263.
(3) A work zone speed control system operator shall complete and sign a daily log for a work zone control system. Such daily log shall (A) state the date, time and location of such system's set-up, (B) state that the work zone speed control system operator successfully performed, and the work zone speed control system passed, the testing specified by the manufacturer of the work zone speed control system, (C) be kept on file at the principle office of the operator, and (D) be admitted in any court proceeding for an alleged violation of section 13a-263.
(b) A work zone speed control system shall undergo an annual calibration check performed at a calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check. Such signed certificate of calibration shall be kept on file and admitted as evidence in any court proceeding for an alleged violation of section 13a-263.
(c) The notice of violation for the alleged violation of section 13a-263 shall include (1) a copy of the recorded image showing the vehicle with its number plate visible, (2) the registration number and state of issuance of the vehicle registration, (3) verification that the work zone speed control system was operating correctly at the time of the alleged violation and the date of the most recent calibration check, and (4) the date, time and location of the alleged violation.
(d) In the case of an alleged violation of section 13a-263 involving a motor vehicle registered in the state, the notice of violation shall be mailed not later than thirty days after the commission of the alleged violation or after the identity of the owner is ascertained, whichever is later, to the address of the owner that is in the records of the Department of Motor Vehicles.
(e) In the case of an alleged violation of section 13a-263 involving a motor vehicle registered in another jurisdiction, the notice of the violation shall be mailed not later than thirty days after the identity of the owner is ascertained to the address of the owner that is in the records of the official in the other jurisdiction issuing such registration.
(f) A notice of violation shall be invalid unless mailed to an owner not later than ninety days after the alleged violation of section 13a-263.
(g) The notice of violation shall be sent by first class mail. A manual or automatic record of mailing prepared by the work zone speed control system operator in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in any court proceeding as to the facts contained in the notice.
(h) A violation of section 13a-263 shall not (1) be included in the operating record of the driver maintained pursuant to section 14-137a, (2) be the subject to merit rating for insurance purposes, or (3) authorize the imposition of surcharge points in the provision of motor vehicle insurance coverage.
(i) The following defenses shall be available to the owner of a motor vehicle identified by a work zone speed camera control system as allegedly violating section 13a-263: (1) The violation took place during a period of time in which the motor vehicle had been reported as being stolen to a law enforcement unit, as defined in section 7-294a, and had not been recovered prior to the time of the violation, and (2) the work zone speed control system used to determine speed was not in compliance with the provisions of this section relating to tests for accuracy, certification or calibration.
(j) An owner who receives a notice of violation pursuant to the provisions of this section shall follow the procedures set forth in section 51-164n.
(June Sp. Sess. P.A. 21-2, S. 299; P.A. 22-40, S. 19.)
History: P.A. 22-40 amended Subsec. (a)(3) to replace references to work zone speed system with references to work zone speed control system, effective July 1, 2022.
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Sec. 13a-265. Information to Department of Transportation and vendor. The Department of Motor Vehicles shall provide the Department of Transportation and any vendor with information regarding the owner of a motor vehicle identified by a work zone speed camera control system as allegedly violating the provisions of section 13a-263. Such information shall include, but need not be limited to, the make and number plate of such motor vehicle and the name and address of the owner of such motor vehicle.
(June Sp. Sess. P.A. 21-2, S. 300.)
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Sec. 13a-266. Motor vehicle registration where penalty for exceeding speed limit in highway work zone detected by work zone speed control system is unpaid. If an owner does not pay the fine imposed for a violation of section 13a-263 or after being found guilty at a trial for the commission of such violation, the Commissioner of Motor Vehicles may refuse to register or suspend the registration of the motor vehicle operated at the time of such violation.
(June Sp. Sess. P.A. 21-2, S. 301.)
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Sec. 13a-267. Personally identifiable information. (a) No personally identifiable information shall be sold or disclosed by the department or a vendor to any person or entity except where the disclosure is made (1) in connection with the charging, collection and enforcement of the fines imposed pursuant to section 13a-263, (2) pursuant to a judicial order, including a search warrant or subpoena, in a criminal proceeding, or (3) to comply with federal or state laws or regulations.
(b) No personally identifiable information shall be stored or retained by the department or a vendor unless such information is necessary for the collection and enforcement of the fines imposed pursuant to section 13a-263.
(c) The department or a vendor may disclose aggregate information and other data gathered from work zone speed control systems that does not directly or indirectly identify an owner or a motor vehicle for research purposes authorized by the Commissioner of Transportation.
(d) Except as otherwise provided by law or in connection with an administrative summons or judicial order, including a search warrant or subpoena, in a criminal proceeding, the department or a vendor shall destroy personally identifiable information and other data that specifically identifies a motor vehicle and relates to a violation of section 13a-263 not later than one year after any fine is imposed or the resolution of a trial conducted for the alleged commission of such violation.
(e) Personally identifiable information shall not be deemed a public record, for purposes of the Freedom of Information Act, as defined in section 1-200.
(June Sp. Sess. P.A. 21-2, S. 302; P.A. 22-44, S. 35.)
History: P.A. 22-44 amended Subsec. (e) to delete “customer”, effective July 1, 2022.
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Sec. 13a-268. Regulations. The Commissioner of Transportation may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 13a-262 to 13a-267, inclusive, and establish standards and procedures for work zone speed control systems.
(June Sp. Sess. P.A. 21-2, S. 303.)
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