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OLR Bill Analysis
sSB 183 (File 310, as amended by Senate "A")*
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
DEPARTMENT OF MOTOR VEHICLES.
TABLE OF CONTENTS:
SUMMARY
§§ 1-3 — ELECTRONIC ISSUANCE LICENSES
Requires registration and title companies that file applications electronically to get an
electronic issuance license from DMV and establishes a licensing process and licensee
operating requirements; lowers the threshold at which these companies may be required to
file electronically; increases the total amount of surety bonds these companies must
provide
§ 4 — MOTOR VEHICLE TRANSPORTER REGISTRATION
Imposes a late fee for failing to timely renew a transporter registration and prohibits
DMV from renewing one 45 days after expiration
§ 5 — DEALER AND REPAIRER BACKGROUND CHECKS
Modifies the requirements for fingerprinting and background checks for applicants for a
new or renewed motor vehicle dealer’s or repairer’s license
§ 6 — MOTOR VEHICLE RECYCLERS SURETY BONDS
Requires motor vehicle recyclers to furnish a $25,000 surety bond
§§ 7-9 — COMMERCIAL DRIVING SCHOOLS AND INSTRUCTORS
Increases the surety bond amount for driving schools to $50,000 per location, requires
driving instructors to wear ID badges while providing instruction, and makes other
changes related to driving school and instructor licensees
§ 10 — ALTERED, COMPOSITE, GREY-MARKET, AND SALVAGE
VEHICLES
Requires that salvage vehicles be inspected by DMV-authorized repairers rather than
DMV and defines the different categories of altered vehicles that must be inspected before
titling and registering them
§§ 11-32 & 39 — MINOR AND TECHNICAL CHANGES
Makes numerous minor and technical changes, principally to change references to
“commercial driver’s instruction permit” to “commercial learner’s permit,” conforming to
the term used in federal law
§§ 33-36 — LOW-SPEED VEHICLES
Generally allows the operation of “low-speed vehicles” on roads with speed limits up to 25
mph and makes them “motor vehicles” under state motor vehicle laws (i.e., Title 14),
generally subjecting them to the same requirements as other vehicles under these laws
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§ 37 — TOWING OCCUPIED VEHICLES
Prohibits a licensed wrecker from knowingly allowing any person to occupy a vehicle
while it is being towed
§ 38 — SCHOOL BUS IDLING
Requires the DMV commissioner, by September 1, 2024, to review, and amend or revise if
needed, any regulations or policies on inspecting school buses to ensure they promote
adherence to idling laws
§ 40 — SCHOOL BUS SEAT BELTS
Reestablishes and makes permanent a DMV school bus seat belt pilot program to provide
50% sales tax refunds for purchases of buses equipped with three-point seat belts
§ 41 — WEIGHT TOLERANCE EXEMPTION FOR ELECTRIC
COMMERCIAL VEHICLES
Grants a weight tolerance exemption to primarily electric commercial motor vehicles
driving on any road in the state, allowing them to exceed the state’s various vehicle weight
limits by up to 2,000 pounds; under federal law, the state must already provide this
exemption when these vehicles are on the interstates and certain roads near them
§ 42 — PICK-UP TRUCK PASSENGER REGISTRATION
Makes pick-up trucks with a gross vehicle weight rating of 8,501 to 8,550 pounds eligible
for a passenger registration if they are not used commercially (currently, they must be
registered as combination vehicles); potentially allows them to access roads or other places
that limit access by commercial traffic (e.g., state parkways)
§§ 43-45 — ACCESSIBLE PARKING
Modifies the conditions under which a health care professional may certify an applicant
for an accessible parking windshield placard; prohibits health care professionals from
making fees they charge to applicants seeking certification contingent on whether or not
they certify the applicants’ eligibility; eliminates the requirement that the Transportation
Committee House chairperson’s appointment to the Accessible Parking Advisory Council
be a municipal planner
SUMMARY
This bill makes changes in laws affecting the Department of Motor
Vehicles (DMV), DMV-licensed businesses, vehicle registration and
operation, vehicle weight limits, school buses, towing, and accessible
parking. It also makes technical and conforming changes.
*Senate Amendment “A” modifies the circumstances under which
DMV may grant an electronic issuance license and adds provisions on
(1) low-speed vehicles, (2) towing occupied vehicles, (3) school bus
idling, (4) school bus seat belts, (5) a weight exemption for primarily
electric commercial vehicles, (6) passenger registration for pick-up
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trucks, and (7) accessible parking.
EFFECTIVE DATE: October 1, 2024, unless otherwise noted below.
§§ 1-3 — ELECTRONIC ISSUANCE LICENSES
Requires registration and title companies that file applications electronically to get an
electronic issuance license from DMV and establishes a licensing process and licensee
operating requirements; lowers the threshold at which these companies may be required to
file electronically; increases the total amount of surety bonds these companies must
provide
The bill modifies the regulatory treatment of people and entities that
are engaged in the business of electronically filing, on behalf of their
customers, registration or title applications with DMV (i.e., registration
and title companies).
Current law and department regulations authorize the DMV
commissioner to permit or require a registration and title company to
file these applications electronically if, among other things, he
determines that the company is qualified based on the conditions set in
statute and department regulations.
The bill replaces this authorization with a statutory licensing
structure for registration and title companies. The bill prohibits
registration and title companies from filing registration and title
applications electronically without an “electronic issuance license.” But
it allows currently authorized registration and title companies to
continue filing applications electronically until January 1, 2025. After
this date, these companies are no longer allowed to use the electronic
system without an electronic issuance license.
The bill specifically excludes the following entities from the electronic
issuance license requirement: licensed motor vehicle dealers, licensed
leasing or rental companies, and DMV contractors.
EFFECTIVE DATE: October 1, 2024, except for the provision allowing
currently authorized companies to operate until January 1, 2025, which
takes effect upon passage.
Threshold for Filing Electronically
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The bill lowers the threshold at which a registration and title
company may be required to file applications online. Current law allows
the DMV commissioner to require a registration and title company to
file applications electronically if he determines that the company files an
average of seven or more applications per month. The bill lowers this
threshold to five. It also specifies that companies DMV requires to file
electronically must apply for an electronic issuance license.
Under the bill, as under existing law, any company that fails or
refuses to file applications electronically upon the commissioner’s
request must pay a $25 fee for each application it submits.
License Application and Renewal Process
The bill requires electronic issuance license applicants to submit an
application with the information DMV requires and pay a $250 license
fee. Applicants for an initial license or a renewal must be fingerprinted
and undergo a state and national criminal records check. If the applicant
is a firm or corporation, each officer or major stockholder must be
fingerprinted and undergo the check.
Under the bill, the DMV commissioner may issue or renew a license
only if he determines the (1) issuance or renewal to the applicant is likely
to improve access to DMV services or manage the number of
transactions conducted in person at DMV and (2) applicant is capable of
ensuring control of and proper use of license plates and other materials
the department provides for registration and title transactions. The
DMV commissioner may refuse to grant or renew a license for any
reason he reasonably deems necessary. It specifically authorizes him to
refuse a license if the applicant or holder (or officer or major
stockholder) has been found liable in a civil action or convicted of a
violation of laws (1) related to the business of filing registration or title
applications or (2) involving fraud, larceny, stalking, embezzlement,
bribery, or deprivation or misappropriation of property.
Before refusing to grant or renew a license for any of the above
reasons, DMV must notify the applicant or licensee and give them an
opportunity for a hearing. Under current regulations, DMV can remove
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a company’s authorization for the electronic system under generally the
same circumstances, but is not required to provide opportunity for a
hearing (Conn. Agencies Regs., § 14-15d-4).
Under the bill, licenses are generally renewed biennially, but DMV
must adopt an initial renewal schedule so that license renewals happen
on a staggered basis. If the schedule causes a license to expire more or
less than two years from its initial issuance, DMV may charge a prorated
license fee. In addition to the required background check, licensees must
also fully disclose any civil judgement or conviction described above
under penalty of false statement.
At least 45 days before a company’s license expires, DMV must send
the company a renewal application in the way the commissioner
determines. Licensees who do not file the renewal application with the
$250 license fee before their license expires are prohibited from using
DMV’s electronic system. Applications filed after the license expires are
subject to a $100 late fee. DMV may not renew an electronic issuance
license that has been expired more than 45 days.
Surety Bonds
Under current regulations and the bill, registration and title
companies that are authorized (or, under the bill, licensed) to file
applications electronically must provide surety bonds. The bill
increases, from $25,000 to $45,000, the total amount of surety bonds they
must provide.
Current regulations require registration and title companies to
provide surety bonds in the following amounts: (1) $20,000 as security
for monetary loss that DMV suffers as a result of the licensee’s loss,
destruction, or misuse of the license plates the department assigned the
licensee and (2) $5,000 as security for monetary loss DMV suffers
because the licensee failed to remit registration and title fees (Conn.
Agencies Regs., § 14-15d-3(b) & (c)).
In addition to the bonds described above, the bill requires licensees
to furnish another $20,000 bond conditioned on the licensee complying
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with applicable state and federal laws and regulations and provided as
indemnity for any losses a customer sustains because the licensee did
not comply with these laws or regulations. This bond must be executed
in the name of the state for the benefit of any aggrieved customer, but
the penalty of the bond may only be imposed on the DMV
commissioner’s order after a hearing.
The bill requires DMV to assess a $200 administrative fee against any
electronic issuance licensee that fails to show proof of bond renewal or
replacement before an existing bond expires.
License Plate Inventory
Under the bill, as under current regulations, DMV must issue to each
licensee an inventory of license plates and other materials related to
registration and title transactions. The company is responsible for all the
license plates DMV assigns to it. The bill specifies that licensees may use
the plates and materials only for registration and title transactions.
The bill specifically requires electronic issuance licensees who stop
conducting business to return license plates, title and registration
materials, and any applications that it did not act on or complete. The
licensee must do so within five business days of the license becoming
invalid or the business terminating. Violations are infractions.
Submission of Applications to DMV
As under existing law for registration and title companies, electronic
issuance licensees must submit registration and title applications, along
with necessary documents, within 10 days after electronically issuing a
registration or title. The bill specifies that if the licensee fails to provide
DMV with the necessary documents, the department may not process
the received documents and must inform the licensee that it failed to
submit a completed application.
Consumer Protections and Required Disclosures
The bill establishes various consumer protections for customers of
electronic issuance licensees. It caps the fee that licensees may charge
their customers at $25 for each registration or title application.
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Under the bill, a licensee may not (1) include the words “Department
of Motor Vehicles” or “DMV” or another indication of the department
in their business name or (2) act in any way that misleads customers to
believe that the licensee represents or otherwise is affiliated with the
department.
The bill also requires electronic issuance licensees to give customers
a disclosure form as the commissioner prescribes. The form must state
(1) the fee that the licensee charges for filing registration and title
applications, (2) that the licensee is not affiliated with the department,
(3) information on how the customer may file complaints about the
licensee with DMV, and (4) any other information DMV requires.
Licensees must require customers to acknowledge the information by
signing the form.
Penalty
The bill allows DMV, after notice and opportunity for a hearing, to
impose a civil penalty of up to $2,000 for violations of the electronic
issuance license laws, except for violations of the laws on (1) returning
license plates and other materials, (2) timely submitting registration and
title applications, (3) disclosure forms, and (4) the application fee cap.
§ 4 — MOTOR VEHICLE TRANSPORTER REGISTRATION
Imposes a late fee for failing to timely renew a transporter registration and prohibits
DMV from renewing one 45 days after expiration
By law, motor vehicle transporters must annually renew their
registrations by the last day of March. The bill imposes a $100 late fee
for motor vehicle transporters who fail to renew their registration before
expiration. It also prohibits the commissioner from renewing any
transporter’s registration once it has been expired for more than 45 days.
After that timeframe, a person or entity would have to file an application
for a new license.
§ 5 — DEALER AND REPAIRER BACKGROUND CHECKS
Modifies the requirements for fingerprinting and background checks for applicants for a
new or renewed motor vehicle dealer’s or repairer’s license
The bill modifies the requirements for fingerprinting and
background checks for applicants for a new or renewed motor vehicle
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dealer’s or repairer’s license. Under current law, applicants must be
fingerprinted and undergo a state and national criminal history records
check no more than 30 days before submitting the application and
submit the results of the check to DMV. The bill eliminates the specified
timeframe and no longer requires the applicant to submit the results of
the check to DMV.
§ 6 — MOTOR VEHICLE RECYCLERS SURETY BONDS
Requires motor vehicle recyclers to furnish a $25,000 surety bond
The bill imposes a surety bond requirement on motor vehicle
recyclers, as is the case under existing law for other DMV-licensed
businesses (e.g., dealers and repairers). Applicants seeking a new license
or renewing one must furnish a $25,000 surety bond, conditioned on the
applicant or licensee complying with any state or federal law or
regulation relating to the business of operating a motor vehicle
recycler’s yard and provided as indemnity for customers’ losses due to
licensee actions that constitute grounds for license suspension or
revocation or the licensee going out of business. This bond must be
executed in the name of the state for the benefit of any aggrieved
customer, but the penalty of the bond may only be imposed on the DMV
commissioner’s order after a hearing.
The bill requires DMV to assess a $200 administrative fee against any
electronic issuance licensee that fails to show proof of bond renewal or
replacement before an existing bond expires.
§§ 7-9 — COMMERCIAL DRIVING SCHOOLS AND INSTRUCTORS
Increases the surety bond amount for driving schools to $50,000 per location, requires
driving instructors to wear ID badges while providing instruction, and makes other
changes related to driving school and instructor licensees
Surety Bond Increase
Under current DMV regulations, driving schools must provide a
surety bond in the amount of $15,000 per location, up to $100,000 (Conn.
Agencies Regs., § 14-78-22). The bill increases the required surety bond
amount for commercial driving schools to $50,000 per location with no
cap.
By law, these bonds are conditioned on the licensee’s faithful
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performance of any contract to provide instruction and held by DMV to
satisfy any execution issued against a school due to the school’s failure
to adhere to the contract.
School License Requirements
The bill explicitly allows a driving school licensee to operate a school
at an additional place of business, as long as they hold a license to
operate at that location and comply with the state driving school laws.
(Existing law implies this requirement by setting license fees for
additional locations, and the department requires each location to be
licensed in practice.)
Instructor ID Badges and Background Checks
The bill requires licensed driving instructors or master instructors to
wear an ID badge at all times when providing classroom or behind-the-
wheel instruction. The employing driving school must issue the badge,
which must contain the (1) licensee’s name, photo, and license number;
(2) license expiration date; and (3) driving school’s name.
The bill also requires instructor and master instructor licensees to be
fingerprinted and undergo a state and national criminal history records
check before their license is renewed. Under current regulations,
applicants for renewal only have to undergo a state criminal records
check (Conn. Agencies Regs., § 14-78-51). Under existing regulations
and the bill, applicants must also undergo a child abuse and neglect
registry check.
The bill also requires licensees renewing their license to provide the
same evidence they had to when applying initially, such as evidence
that they held a driver’s license for the past five years, passed a physical
exam, and completed the required instructor training.
School’s Responsibility for Instructors
The bill also specifies that a school employing a licensed instructor or
master instructor is responsible for ensuring the instructor or master
instructor complies with driving school and driving instructor statutes
and regulations.
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Expired Licenses
By law, DMV may not renew a driving school license, a driving
instructor license, or a master instructor license if it has been expired for
more than 60 days. The bill explicitly allows the holder of one of these
expired licenses to apply for a new license.
Penalties
By law, the DMV commissioner may suspend or revoke a license or
impose a civil penalty (up to $1,000) on any person or firm that violates
the driving school or instructor laws after notice and an opportunity for
a hearing. The bill explicitly allows him to impose these penalties for
violations of the associated regulations.
The bill also expands the commissioner’s authority to require that
restitution be made to a customer. Under current law, he may require a
licensee to do so; under the bill, he may also require this of unlicensed
people or firms.
§ 10 — ALTERED, COMPOSITE, GREY-MARKET, AND SALVAGE
VEHICLES
Requires that salvage vehicles be inspected by DMV-authorized repairers rather than
DMV and defines the different categories of altered vehicles that must be inspected before
titling and registering them
Current law establishes inspection requirements for vehicles that (1)
have been reconstructed (i.e., materially altered from the original by
removing, adding, or substituting essential parts); (2) are composed
from several parts of other vehicles; (3) have been altered enough that
the vehicle no longer bears the characteristics of a specific make of motor
vehicle; or (4) have been declared a total loss by an insurance carrier and
subsequently reconstructed.
The bill instead breaks these vehicles out into four defined categories
and indicates the inspection requirements for each. Principally, it
changes who must inspect vehicles reconstructed after being declared a
total loss by an insurer.
Categories
The bill defines four types of vehicles: altered vehicles, composite
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vehicles, grey-market vehicles, and salvage vehicles.
An “altered vehicle” is one that has been materially modified from its
original construction by removing, adding, or substituting essential
parts with new or used parts.
A “composite vehicle” is one that (1) is composed or assembled from
several parts of other vehicles; (2) is assembled from a motor vehicle kit;
or (3) has been altered, assembled, or modified from the original
manufacturer’s specifications.
A “grey-market vehicle” is one that is manufactured for use outside
of the United States, imported into it, and not certified to meet federal
safety or emissions standards at the time the vehicle was manufactured.
A “salvage vehicle” is one that was declared a total loss by an
insurance carrier and subsequently reconstructed.
Inspection Requirements
Existing law requires the vehicles falling under the four defined
categories to be inspected to determine whether they are properly
equipped and in good mechanical condition before they can be titled
and registered. Under current law, DMV must conduct all of the
inspections. The bill instead requires that inspections of (1) altered,
composite, and grey-market vehicles be performed at DMV (at an office
the commissioner designates) and (2) salvage vehicles be performed by
DMV-authorized licensed repairers.
The bill also eliminates a requirement that DMV determine whether
vehicles presented for inspection are in the possession of their lawful
owner. But it retains a provision authorizing the commissioner to
require someone presenting an altered, composite, grey-market, or
salvage vehicle for inspection to show proof of lawful purchase of any
major component parts that were not part of the vehicle when sold by
the manufacturer.
EFFECTIVE DATE: July 1, 2024
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§§ 11-32 & 39 — MINOR AND TECHNICAL CHANGES
Makes numerous minor and technical changes, principally to change references to
“commercial driver’s instruction permit” to “commercial learner’s permit,” conforming to
the term used in federal law
The bill makes numerous minor and technical changes. It updates
school bus terms to eliminate references to Type I and Type II school
buses and instead refer to them by gross vehicle weight rating. It also
updates an obsolete reference to the former Department of Public Safety.
The bill also changes references to “commercial driver’s instruction
permit” to “commercial learner’s permit,” conforming to the term used
in federal law. It specifies that commercial driver’s instruction permits
DMV issued before October 1, 2024, remain valid until they expire.
EFFECTIVE DATE: October 1, 2024, except for the provisions
updating school bus terms and replacing an obsolete reference, which
take effect July 1, 2024.
§§ 33-36 — LOW-SPEED VEHICLES
Generally allows the operation of “low-speed vehicles” on roads with speed limits up to 25
mph and makes them “motor vehicles” under state motor vehicle laws (i.e., Title 14),
generally subjecting them to the same requirements as other vehicles under these laws
This bill generally allows the operation of “low-speed vehicles” (LSV)
on highways (i.e., public roads) in the state with speed limits of 25 mph
or less. Under the bill and federal regulations, an LSV is a four-wheeled
motor vehicle that has a (1) speed attainable in one mile of more than 20
mph but not more than 25 mph on a paved, level surface and (2) gross
vehicle weight rating of 3,000 pounds or less.
Under the bill, LSVs are “motor vehicles” under state motor vehicle
laws (i.e., Title 14 of the General Statutes). This means, among other
things, that LSVs must be registered, titled, and insured; their drivers
must hold a valid driver’s license; and businesses selling or repairing
them must hold dealer or repairer licenses, respectively. Currently,
DMV does not register LSVs, and they may not be driven on public
roads. The bill prohibits DMV from issuing a title for a homemade LSV
or a golf cart that has been retrofitted from the original manufacturer’s
specifications in an attempt to qualify as an LSV.
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The bill allows the Office of the State Traffic Administration and local
traffic authorities to prohibit or limit LSV use on roads under their
jurisdictions. It also requires that LSVs meet state motor vehicle
equipment standards except for those that are inapplicable to or
inconsistent with the federal motor vehicle safety standards for LSVs.
Violations of the road restrictions or equipment requirements are
infractions (see Background — Federal Motor Vehicle Safety Standards for
LSVs).
Lastly, the bill makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2024
Background — Federal Motor Vehicle Safety Standards for LSVs
Under federal regulations, LSVs must satisfy certain requirements
under specified testing conditions and be equipped with the following:
1. headlights, turn signals, tail lights, and brake lights;
2. reflex reflectors;
3. an exterior mirror on the driver’s side and either an exterior
mirror on the passenger’s side or an interior mirror (in addition
to meeting other specified rear visibility requirements);
4. a parking brake;
5. a windshield meeting federal standards on glazing materials;
6. a vehicle identification number (VIN) meeting federal
requirements;
7. a seatbelt assembly meeting federal requirements; and
8. a pedestrian alert sound (i.e., noise that certain electric and
hybrid vehicles must make at speeds less than 18.6 mph that
pedestrians can hear over background noises) (49 C.F.R. §
571.500).
Background — Related Bill
sHB 5204 (File 324), favorably reported by the Transportation
Committee, contains identical provisions authorizing the operation of
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LSVs.
§ 37 — TOWING OCCUPIED VEHICLES
Prohibits a licensed wrecker from knowingly allowing any person to occupy a vehicle
while it is being towed
The bill prohibits a licensed wrecker from knowingly allowing any
person to occupy a vehicle while it is being towed. As is the case under
existing law for other provisions related to wreckers’ towing and
transporting of motor vehicles, a violation of this provision is (1) an
infraction for a first offense and (2) a class D misdemeanor for
subsequent offenses (punishable by a fine of up to $250, up to 30 days
in prison, or both).
Background — Related Bill
sHB 5327 (File 625), favorably reported by the Transportation and
Judiciary committees, contains an identical provision on towing
occupied vehicles.
§ 38 — SCHOOL BUS IDLING
Requires the DMV commissioner, by September 1, 2024, to review, and amend or revise if
needed, any regulations or policies on inspecting school buses to ensure they promote
adherence to idling laws
The bill requires the DMV commissioner, by September 1, 2024, to
review, and amend or revise if needed, any regulation, internal
procedure or policy, or other guidance provided to school bus owners
and operators on operating and inspecting school buses. Specifically, he
must do so to ensure that these policies and procedures (1) promote
adherence to the state’s anti-idling law for school buses and the
Department of Energy and Environmental Protection’s (DEEP) air
quality regulations related to idling and (2) do not explicitly or
implicitly require a school bus to idle for more than three minutes
during its daily vehicle inspection. (The anti-idling law generally
prohibits school bus operators from idling their buses for more than
three consecutive minutes and DEEP regulations similarly prohibit this
for all vehicles; however, both allow certain exceptions.)
The bill additionally requires the commissioner, by September 1,
2024, to (1) provide guidance to school bus owners and operators on
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which aspects of a daily vehicle inspection can be performed with the
engine off and (2) post the guidance on DMV’s website.
EFFECTIVE DATE: Upon passage
Background — Related Bill
sHB 5327 (File 625), favorably reported by the Transportation and
Judiciary committees, contains an identical provision on school bus
idling in section 2.
§ 40 — SCHOOL BUS SEAT BELTS
Reestablishes and makes permanent a DMV school bus seat belt pilot program to provide
50% sales tax refunds for purchases of buses equipped with three-point seat belts
Starting July 1, 2025, this bill reestablishes and makes permanent a
DMV school bus seat belt pilot program that ended on December 31,
2017. The program helps pay for school buses with three-point lap and
shoulder seat belts by refunding school bus companies (i.e., “carriers”)
half the sales tax they pay for buses on which these seat belts were
installed during manufacture. Program funding comes from the existing
school bus seat belt account, which is a non-lapsing General Fund
account funded by a portion ($50) of each DMV fee collected for
restoring suspended licenses and registrations (CGS § 14-50b).
The bill allows (1) school districts to apply to DMV, on a form the
department provides, beginning October 1, 2025, and (2) bus companies
to receive sales tax reimbursements for buses they purchase on or after
this date, depending on the department’s approval of the application
and funding from the account. Under the bill, the restarted program is
generally unchanged, except for a new requirement that DMV, in
collaboration with the Department of Education, annually inform school
districts about the program and how to apply.
The bill also (1) requires the Transportation and Education
committees to hold a public hearing on program participation and
effectiveness during the 2030 legislative session (a public hearing was
similarly required for the pilot program) and (2) eliminates an obsolete
provision requiring these committees to recommend whether to
continue the program.
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Lastly, the bill makes technical and conforming changes.
EFFECTIVE DATE: January 1, 2025
School Bus Seat Belt Program and Account
The school bus seat belt pilot program was active from July 1, 2011,
to December 31, 2017. The bill reestablishes the program and makes it
permanent.
Under the program, school districts’ applications to DMV must
include a proposed agreement between the district and the school bus
company that transports the district’s students. The agreement must (1)
require that the carrier provide the school district with between one and
50 school buses, each equipped with three-point lap and shoulder seat
belts, and (2) include a request by the carrier for funding (i.e., half the
sales tax for purchasing these buses).
Participating school districts must (1) give the parents or legal
guardians of each student who uses a school bus written notice about
the availability and proper use of the seat belts and (2) teach students
how to properly use the seat belts, including fastening and unfastening
them. Participating school districts, the school bus companies with
which they contract, and school bus operators are exempt from liability
for injuries caused solely by a student’s use, misuse, or failure to use a
seat belt installed under the program.
The program is funded by the school bus seat belt account, which has
remained funded since its creation in 2010, even after the pilot program
ended in 2017. The legislature transferred school bus seat belt account
funds to the General Fund in several budget and deficit mitigation bills
between 2012 and 2017.
Background — Related Bill
sSB 185 (File 202), favorably reported by the Transportation
Committee, contains substantially similar provisions reestablishing the
school bus seat belt sales tax refund program.
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§ 41 — WEIGHT TOLERANCE EXEMPTION FOR ELECTRIC
COMMERCIAL VEHICLES
Grants a weight tolerance exemption to primarily electric commercial motor vehicles
driving on any road in the state, allowing them to exceed the state’s various vehicle weight
limits by up to 2,000 pounds; under federal law, the state must already provide this
exemption when these vehicles are on the interstates and certain roads near them
The bill grants a weight tolerance exemption to primarily electric
commercial motor vehicles driving on any road in the state, allowing
them to exceed the state’s various vehicle weight limits by up to 2,000
pounds. Among other things, this increases the general maximum gross
weight for electric commercial vehicles from 80,000 pounds to 82,000
pounds. This exemption already applies to these vehicles when
traveling on interstate highways and certain roads near them (see
Background — Federal Weight Exemption for Electric Commercial Vehicles).
The bill requires officials and law enforcement officers who are
authorized to enforce the state’s vehicle weight limit restrictions to grant
a weight tolerance exemption of 2,000 pounds to any commercial motor
vehicle powered primarily by electric battery. The exemption applies to
the gross, total axle, total tandem, and bridge formula weight limits.
Under existing law, the maximum gross vehicle weight allowed on
Connecticut roads without an overweight permit is generally 80,000
pounds (subject to the requirements of the federal bridge formula
weight limit). Thus, the bill increases the maximum gross weight for
electric commercial vehicles to 82,000 pounds.
The bill’s exemption mirrors a federal exemption that the state must
already comply with for vehicles on interstate highways. (Electric-
powered units (i.e., truck tractors) on commercial vehicles are heavier
than diesel-powered units because of the weight of the battery. Subject
to the same weight limits, electric-powered tractor-trailers cannot carry
as much cargo.)
EFFECTIVE DATE: July 1, 2024
Background — Gross Vehicle Weight and Gross Vehicle Weight
Rating
By law, gross vehicle weight rating (GVWR) is the manufacturer-
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specified maximum loaded weight of a single or combination
(articulated) vehicle. The GVWR of a combination vehicle is the GVWR
of the power unit plus the GVWR of the towed units. “Gross weight” is
a vehicle’s light weight (unloaded weight) plus the weight of its load.
For tractor-trailers, gross weight is the light weight of the tractor and the
trailer plus the weight of its load (CGS § 14-1(41) & (42)).
Background — Federal Weight Exemption for Electric Commercial
Vehicles
Federal law allows vehicles powered primarily by electric battery to
exceed the weight limit on the power unit by up to 2,000 pounds, up to
a maximum gross vehicle weight of 82,000 pounds (23 U.S.C. § 127(s)).
Federal Highway Administration guidance specifies that, in addition to
the gross weight limit, these vehicles may also exceed the limits on the
power unit for the single axle, tandem axle, and federal bridge formula
maximum weights, as long as the total gross vehicle weight is not over
82,000 pounds. The guidance further confirms that states must allow
this additional weight for electric-powered vehicles on the interstates
and on roads that provide reasonable access from the interstates to food,
fuel, repairs, and rest.
Background — Related Bill
sSB 186 (File 245), favorably reported by the Transportation
Committee, contains an identical provision on weight tolerance
exemptions for electric commercial vehicles.
§ 42 — PICK-UP TRUCK PASSENGER REGISTRATION
Makes pick-up trucks with a gross vehicle weight rating of 8,501 to 8,550 pounds eligible
for a passenger registration if they are not used commercially (currently, they must be
registered as combination vehicles); potentially allows them to access roads or other places
that limit access by commercial traffic (e.g., state parkways)
The bill makes pick-up trucks with a GVWR of 8,501 to 8,550 pounds
eligible for a passenger registration if they are not used commercially
(see Background — Gross Vehicle Weight and Gross Vehicle Weight Rating
above).
By law, pick-up trucks with a GVWR of 12,500 pounds or less that are
not used for commercial purposes must be registered as combination
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vehicles, unless they fall at or under the GVWR threshold for pick-up
truck passenger registration. (A combination registration is the type
issued to vehicles that are used for both private passenger and
commercial purposes.) The bill increases this threshold by 50 pounds,
from 8,500 to 8,550 pounds. It also requires, rather than allows, the
motor vehicles commissioner to issue a passenger registration to
qualifying pick-up trucks. As under existing law, pick-up trucks pay the
same weight-based fee that applies to commercial vehicles, regardless
of whether they are registered as passenger, combination, or commercial
vehicles.
By requiring noncommercial pick-up trucks with a GVWR of 8,501 to
8,550 pounds to be registered as passenger vehicles, the bill potentially
allows them to access roads or other places that limit access by
commercial traffic. For example, vehicles with passenger registrations
are generally permitted on state parkways (i.e., the Merritt, Wilbur
Cross, and Milford parkways), but state regulations prohibit vehicles
with combination registrations and a gross weight above 7,500 pounds
from using state parkways (Conn. Agencies Regs., § 14-298-249(f)).
Under the bill, these pick-up trucks may use the parkways regardless of
the vehicle’s gross weight because they have passenger registrations.
Background — Related Bill
sSB 186 (File 245), favorably reported by the Transportation
Committee, contains an identical provision on pick-up truck passenger
registration.
§§ 43-45 — ACCESSIBLE PARKING
Modifies the conditions under which a health care professional may certify an applicant
for an accessible parking windshield placard; prohibits health care professionals from
making fees they charge to applicants seeking certification contingent on whether or not
they certify the applicants’ eligibility; eliminates the requirement that the Transportation
Committee House chairperson’s appointment to the Accessible Parking Advisory Council
be a municipal planner
This bill makes changes to laws related to health care professionals’
certification of eligibility for an accessible parking removable
windshield placard. By law, applicants for windshield placards must
submit a certification from specified health care professionals (or certain
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government officials), signed under penalty of false statement, stating
that the applicant has a disability which limits or impairs the ability to
walk, as defined under federal regulations, or is blind.
The bill requires health care professionals who certify placard
applicants’ eligibility to do so based on their professional opinion after
completing a medically reasonable assessment of the applicant’s
medical history and current medical condition made in the course of a
bona fide health care professional-patient relationship. It also prohibits
health care professionals from making fees they charge to placard
applicants contingent on certifying the applicant’s eligibility and
imposes a civil penalty of up to $1,000 for violations.
Under the bill, a “health care professional” is a licensed physician,
physician assistant, advanced practice registered nurse, psychiatrist
employed by or under contract with the Department of Veterans Affairs,
ophthalmologist, or optometrist. This definition corresponds to the
health care professionals who are already authorized to certify
eligibility for placards under existing law.
The bill also eliminates the requirement that the Transportation
Committee House chairperson’s appointment to the Accessible Parking
Advisory Council be a municipal planner.
Lastly, the bill makes technical changes.
EFFECTIVE DATE: October 1, 2024, except that the advisory council
provision is effective upon passage.
Penalty for Contingent Fees
The bill prohibits health care professionals from charging a fee for
services provided to a placard applicant that is contingent on the
professional certifying the applicant as eligible for a placard. It also
prohibits healthcare professionals from entering into a written or oral
agreement or understanding with a person or entity using their services
that makes or effectively makes the professional’s commissions, fees, or
charges contingent on certifying the applicant’s eligibility.
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Under the bill, violators face a civil penalty of up to $1,000, and the
attorney general, after receiving a complaint from the DMV
commissioner, must institute a civil action to recover the penalty in the
Superior Court for the Hartford judicial district.
Background — Related Bill
sSB 279 (File 295), favorably reported by the Transportation
Committee, contains substantially similar provisions on health
professionals certifying windshield placards and the House
chairperson’s appointment to the advisory council.
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea
35
Nay
0