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General Assembly Substitute Bill No. 66
January Session, 2019
AN ACT CONCERNING TH E NONEMERGENCY TRANS PORTATION
OF PERSONS WHO ARE E LDERLY AND PERSONS WITH
DISABILITIES CONFINED TO A STRETCHER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 13b-105 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
The Department of Transportation may, with or without hearing, 3
issue temporary and permanent livery permits to applicants for the 4
express purpose of providing reasonable livery service to persons who 5
are elderly and persons with disabilities on regular or irregular routes 6
where the department finds no existing service or that the existing 7
service is not adequate to properly serve the special needs of persons 8
who are elderly and persons with disabilities. Temporary authority 9
shall not extend over a period of more than sixty days. In determining 10
the special needs of persons who are elderly and persons with 11
disabilities, the department may take into consideration the 12
convenience and the physical and mental frailties of, and the care, 13
safety and protection necessary for the best interest of, persons who 14
are elderly, persons with disabilities and the general public. No 15
applicant shall be issued a temporary or permanent permit unless such 16
applicant's motor vehicle meets the requirements of subsection (e) of 17
section 14-100a, as amended by this act, [. Applicants who were issued 18 Substitute Bill No. 66
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a temporary or permanent permit prior to October 1, 2007, shall 19
comply with the requirements of subsection (e) of section 14-100a not 20
later than October 1, 2007.] or such applicant's stretcher van meets the 21
requirements of subsection (f) of section 14-100a, as amended by this 22
act. A temporary or permanent livery permit holder may use a 23
stretcher van to transport a person who is elderly or a person with 24
disabilities who requires nonemergency transportation on a stretcher 25
but who does not require medical services during transport, in 26
accordance with subsection (f) of section 14-100a, as amended by this 27
act, provided (1) such person obtains and provides to the operator of 28
the stretcher van, prior to such transport, a written statement from 29
such person's primary care provider, as defined in section 19a-7o, that 30
such person may be transported in a stretcher van, and (2) the operator 31
of the stretcher van has received training in the lifting, moving and 32
transport of a person on a stretcher that is equivalent to the training 33
provided to emergency medical services personnel, as defined in 34
section 19a-180b. For the purposes of this section, "stretcher van" 35
means a van designed and equipped to provide the nonemergency 36
transportation of persons on a stretcher. 37
Sec. 2. Section 14-100a of the general statutes is repealed and the 38
following is substituted in lieu thereof (Effective October 1, 2019): 39
(a) No new passenger motor vehicle may be sold or registered in 40
this state unless equipped with at least two sets of seat safety belts for 41
the front and rear seats of the motor vehicle, which belts comply with 42
the requirements of subsection (b) of this section. The anchorage unit 43
at the attachment point shall be of such construction, design and 44
strength as to support a loop load strength of not less than four 45
thousand pounds for each belt. 46
(b) No seat safety belt may be sold for use in connection with the 47
operation of a motor vehicle on any highway of this state unless it is so 48
constructed and installed as to have a loop strength through the 49
complete attachment of not less than four thousand pounds, and the 50
buckle or closing device shall be of such construction and design that 51 Substitute Bill No. 66
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after it has received the aforesaid loop belt load it can be released with 52
one hand with a pull of less than forty-five pounds. 53
(c) (1) The operator of and any front seat passenger in any motor 54
vehicle or fire fighting apparatus originally equipped with seat safety 55
belts complying with the provisions of 49 CFR 571.209, as amended 56
from time to time, shall wear such seat safety belt while the vehicle is 57
being operated on any highway, except as follows: 58
(A) A child under eight years of age shall be restrained as provided 59
in subsection (d) of this section; 60
(B) The operator of such vehicle shall secure or cause to be secured 61
in a seat safety belt any passenger eight years of age or older and 62
under sixteen years of age; and 63
(C) If the operator of such vehicle is under eighteen years of age, 64
such operator and each passenger in such vehicle shall wear such seat 65
safety belt while the vehicle is being operated on any highway. 66
(2) The provisions of subdivision (1) of this subsection shall not 67
apply to (A) any person whose physical disability or impairment 68
would prevent restraint in such safety belt, provided such person 69
obtains a written statement from a licensed physician or a licensed 70
advanced practice registered nurse containing reasons for such 71
person's inability to wear such safety belt and including information 72
concerning the nature and extent of such condition. Such person shall 73
carry the statement on his or her person or in the motor vehicle at all 74
times when it is being operated, or (B) an authorized emergency 75
vehicle, other than fire fighting apparatus, responding to an 76
emergency call or a motor vehicle operated by a rural letter carrier of 77
the United States postal service while performing his or her official 78
duties or by a person engaged in the delivery of newspapers. 79
(3) Failure to wear a seat safety belt shall not be considered as 80
contributory negligence nor shall such failure be admissible evidence 81
in any civil action. 82 Substitute Bill No. 66
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(4) Any operator of a motor vehicle, who is eighteen years of age or 83
older, and any passenger in such motor vehicle, who violates any 84
provision of this subsection shall have committed an infraction and 85
shall be fined fifty dollars. Any operator of a motor vehicle who is 86
under eighteen years of age and any passenger in such motor vehicle 87
who violates any provision of this subsection shall have committed an 88
infraction and shall be fined seventy-five dollars. Points may not be 89
assessed against the operator's license of any person convicted of such 90
violation. 91
(d) (1) (A) Any person who transports a child under two years of 92
age or weighing less than thirty pounds in a motor vehicle on the 93
highways of this state shall provide and require the child to ride rear-94
facing in a child restraint system equipped with a five-point harness 95
approved pursuant to regulations that the Department of Motor 96
Vehicles shall adopt in accordance with the provisions of chapter 54. 97
(B) Any person who transports a child under five years of age, but 98
not under two years of age, or weighing less than forty pounds, but 99
not less than thirty pounds, in a motor vehicle on the highways of this 100
state shall provide and require the child to ride rear-facing or forward-101
facing in a child restraint system equipped with a five-point harness 102
approved pursuant to such regulations. 103
(C) Any person who transports a child under eight years of age, but 104
not under five years of age, or weighing less than sixty pounds, but not 105
less than forty pounds, in a motor vehicle on the highways of this state 106
shall provide and require the child to ride rear-facing or forward-107
facing in a child restraint system equipped with a five-point harness or 108
a booster seat secured by a seat safety belt approved pursuant to such 109
regulations. 110
(D) No person shall transport a child in a motor vehicle on the 111
highways of this state in a rear-facing child restraint system in the 112
front seat of any motor vehicle that is equipped with a functional air 113
bag on the passenger side of such motor vehicle. 114 Substitute Bill No. 66
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(2) Any person who transports a child eight years of age or older 115
and weighing sixty or more pounds in a motor vehicle on the 116
highways of this state shall either provide and require the child to use 117
an approved child restraint system or require the child to use a seat 118
safety belt. Failure to use a child restraint system shall not be 119
considered as contributory negligence nor shall such failure be 120
admissible evidence in any civil action. As used in this subsection, 121
"motor vehicle" does not mean a bus having a tonnage rating of one 122
ton or more. 123
(3) Notwithstanding the provisions of subdivision (1) of this 124
subsection, any person who transports a child four years of age or 125
older in a student transportation vehicle, as defined in section 14-212, 126
on the highways of this state shall either provide and require the child 127
to use an approved child restraint system or require the child to use a 128
seat safety belt. Any person who transports a child under four years of 129
age weighing less than forty pounds in a student transportation 130
vehicle on the highways of this state shall provide and require the 131
child to use a child restraint system approved pursuant to such 132
regulations. 133
(4) No person shall restrain a child in a booster seat unless the motor 134
vehicle is equipped with a safety seat belt that includes a shoulder belt 135
and otherwise meets the requirement of subsection (b) of this section. 136
(5) Any person who violates the provisions of subdivision (1), (2), 137
(3) or (4) of this subsection shall, for a first violation, have committed 138
an infraction; for a second violation, be fined not more than one 139
hundred ninety-nine dollars; and, for a third or subsequent violation, 140
be guilty of a class A misdemeanor. The commissioner shall require 141
any person who has committed a first or second violation of the 142
provisions of this subsection to attend a child car seat safety course 143
offered or approved by the Department of Motor Vehicles. The 144
commissioner may, after notice and an opportunity for a hearing, 145
suspend for a period of not more than two months the motor vehicle 146
operator's license of any person who fails to attend or successfully 147 Substitute Bill No. 66
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complete the course. 148
(e) (1) Any person who transports an individual who remains in a 149
wheelchair while being transferred into and out of a vehicle, in any 150
motor vehicle on the highways of this state, shall provide and require 151
the use of a device designed to secure individuals in wheelchairs while 152
transferring such individuals from the ground to the vehicle and from 153
the time the motor vehicle is brought to a stop until such individuals 154
are transferred from the vehicle to the ground. Such device shall be 155
located in the motor vehicle at all times. The Commissioner of Motor 156
Vehicles may, after consultation with the [Departments] 157
Commissioners of Transportation and Public Health, establish 158
regulations to implement the provisions of this section and sections 159
13b-105, as amended by this act, and 14-102a, subsection (d) of section 160
14-103, subsection (a) of section 14-275 and subsection (a) of section 161
19a-180. 162
(2) The following motor vehicles registered in this state for the first 163
time on or after October 1, 2007, that transport individuals who remain 164
in wheelchairs while being transported, shall, in addition to the 165
requirements of subdivision (1) of this subsection, install or provide 166
and require the use of a device that secures the wheelchair to the motor 167
vehicle's mechanical lift or otherwise prevents or seeks to prevent an 168
individual in a wheelchair from falling from such mechanical lift or 169
motor vehicle: (A) Motor vehicles in livery service, as defined in 170
section 13b-101, (B) service buses, [as defined in section 14-1,] (C) 171
invalid coaches, as defined in subdivision (11) of section 19a-175, (D) 172
vanpool vehicles, [as defined in section 14-1,] (E) school buses, [as 173
defined in section 14-1,] (F) motor buses, [as defined in section 14-1,] 174
(G) student transportation vehicles, as defined in section 14-212, and 175
(H) camp vehicles. [, as defined in section 14-1.] The provisions of this 176
subsection shall also apply to all motor vehicles used by municipal, 177
volunteer and commercial ambulance services and rescue services, as 178
defined in section 19a-175. 179
(3) Violation of any provision of this subsection is an infraction. 180 Substitute Bill No. 66
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(f) (1) Any person who transports an individual who remains on a 181
stretcher while being transferred into and out of a stretcher van, 182
pursuant to section 13b-105, as amended by this act, shall provide and 183
require the use of a device designed to secure such individual in the 184
stretcher while transferring such individual from the ground to the 185
stretcher van and from the time the stretcher van is brought to a stop 186
until such individual is transferred from the stretcher van to the 187
ground. Such device shall be located in the stretcher van at all times. 188
(2) Any livery permit holder who transports an individual who 189
remains on a stretcher while being transported in a stretcher van shall 190
ensure that an attendant, in addition to the operator of the stretcher 191
van, accompany such individual during transport. For the purposes of 192
this subdivision, "attendant" means a person trained in the lifting, 193
moving and transport of a person on a stretcher that is equivalent to 194
the training provided to emergency medical services personnel, as 195
defined in section 19a-180b. 196
(3) Violation of any provision of this subsection is an infraction. 197
[(f)] (g) The commissioner shall administer the provisions of this 198
section. 199
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 13b-105
Sec. 2 October 1, 2019 14-100a
Statement of Legislative Commissioners:
In Section 1, ", or such applicant's stretcher van meets the requirements
of subsection (f) of section 14-100a, as amended by this act" was
inserted after "as amended by this act" for accuracy and "subsection
(e)" was changed to "subsection (f)" for internal consistency; and
Section 2 was rewritten for clarity and accuracy.
TRA Joint Favorable Subst.