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| 3 | 3 | | LCO No. 789 1 of 7 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 152 |
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| 6 | 6 | | February Session, 2020 |
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| 7 | 7 | | LCO No. 789 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on TRANSPORTATION |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (TRA) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING TH E NONEMERGENCY TRANS PORTATION |
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| 20 | 20 | | OF PERSONS WHO ARE E LDERLY AND PERSONS WITH |
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| 21 | 21 | | DISABILITIES CONFINED TO A STRETCHER. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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| 23 | 23 | | Assembly convened: |
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| 24 | 24 | | |
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| 25 | 25 | | Section 1. Section 13b-105 of the general statutes is repealed and the 1 |
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| 26 | 26 | | following is substituted in lieu thereof (Effective October 1, 2020): 2 |
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| 27 | 27 | | The Department of Transportation may, with or without hearing, 3 |
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| 28 | 28 | | issue temporary and permanent livery permits to applicants for the 4 |
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| 29 | 29 | | express purpose of providing reasonable livery service to persons who 5 |
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| 30 | 30 | | are elderly and persons with disabilities on regular or irregular routes 6 |
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| 31 | 31 | | where the department finds no existing service or that the existing 7 |
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| 32 | 32 | | service is not adequate to properly serve the special needs of persons 8 |
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| 33 | 33 | | who are elderly and persons with disabilities. Temporary authority 9 |
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| 34 | 34 | | shall not extend over a period of more than sixty days. In determining 10 |
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| 35 | 35 | | the special needs of persons who are elderly and persons with 11 |
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| 36 | 36 | | disabilities, the department may take into consideration the 12 |
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| 37 | 37 | | convenience and the physical and mental frailties of, and the care, safety 13 |
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| 38 | 38 | | and protection necessary for the best interest of, persons who are 14 Raised Bill No. 152 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 789 2 of 7 |
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| 43 | 43 | | |
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| 44 | 44 | | elderly, persons with disabilities and the general public. No applicant 15 |
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| 45 | 45 | | shall be issued a temporary or permanent permit unless such applicant's 16 |
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| 46 | 46 | | motor vehicle meets the requirements of subsection (e) of section 14-17 |
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| 47 | 47 | | 100a, as amended by this act, [. Applicants who were issued a temporary 18 |
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| 48 | 48 | | or permanent permit prior to October 1, 2007, shall comply with the 19 |
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| 49 | 49 | | requirements of subsection (e) of section 14-100a not later than October 20 |
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| 50 | 50 | | 1, 2007] or such applicant's stretcher van meets the requirements of 21 |
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| 51 | 51 | | subsection (f) of section 14-100a, as amended by this act. A temporary 22 |
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| 52 | 52 | | or permanent livery permit holder may use a stretcher van to transport 23 |
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| 53 | 53 | | a person who is elderly or a person with disabilities who requires 24 |
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| 54 | 54 | | nonemergency transportation on a stretcher but who does not require 25 |
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| 55 | 55 | | medical services during transport, in accordance with subsection (f) of 26 |
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| 56 | 56 | | section 14-100a, as amended by this act, provided (1) such person 27 |
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| 57 | 57 | | obtains and provides to the operator of the stretcher van, prior to such 28 |
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| 58 | 58 | | transport, a written statement from such person's primary care 29 |
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| 59 | 59 | | provider, as defined in section 19a-7o, that such person may be 30 |
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| 60 | 60 | | transported in a stretcher van, and (2) the operator of the stretcher van 31 |
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| 61 | 61 | | has received training in the lifting, moving and transport of a person on 32 |
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| 62 | 62 | | a stretcher that is equivalent to the training provided to emergency 33 |
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| 63 | 63 | | medical services personnel, as defined in section 19a-180b. For the 34 |
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| 64 | 64 | | purposes of this section, "stretcher van" means a van designed and 35 |
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| 65 | 65 | | equipped to provide the nonemergency transportation of persons on a 36 |
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| 66 | 66 | | stretcher. 37 |
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| 67 | 67 | | Sec. 2. Section 14-100a of the general statutes is repealed and the 38 |
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| 68 | 68 | | following is substituted in lieu thereof (Effective October 1, 2020): 39 |
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| 69 | 69 | | (a) No new passenger motor vehicle may be sold or registered in this 40 |
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| 70 | 70 | | state unless equipped with at least two sets of seat safety belts for the 41 |
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| 71 | 71 | | front and rear seats of the motor vehicle, which belts comply with the 42 |
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| 72 | 72 | | requirements of subsection (b) of this section. The anchorage unit at the 43 |
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| 73 | 73 | | attachment point shall be of such construction, design and strength as 44 |
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| 74 | 74 | | to support a loop load strength of not less than four thousand pounds 45 |
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| 75 | 75 | | for each belt. 46 |
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| 76 | 76 | | (b) No seat safety belt may be sold for use in connection with the 47 Raised Bill No. 152 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LCO No. 789 3 of 7 |
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| 81 | 81 | | |
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| 82 | 82 | | operation of a motor vehicle on any highway of this state unless it is so 48 |
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| 83 | 83 | | constructed and installed as to have a loop strength through the 49 |
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| 84 | 84 | | complete attachment of not less than four thousand pounds, and the 50 |
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| 85 | 85 | | buckle or closing device shall be of such construction and design that 51 |
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| 86 | 86 | | after it has received the aforesaid loop belt load it can be released with 52 |
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| 87 | 87 | | one hand with a pull of less than forty-five pounds. 53 |
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| 88 | 88 | | (c) (1) The operator of and any front seat passenger in any motor 54 |
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| 89 | 89 | | vehicle or fire fighting apparatus originally equipped with seat safety 55 |
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| 90 | 90 | | belts complying with the provisions of 49 CFR 571.209, as amended 56 |
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| 91 | 91 | | from time to time, shall wear such seat safety belt while the vehicle is 57 |
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| 92 | 92 | | being operated on any highway, except as follows: 58 |
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| 93 | 93 | | (A) A child under eight years of age shall be restrained as provided 59 |
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| 94 | 94 | | in subsection (d) of this section; 60 |
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| 95 | 95 | | (B) The operator of such vehicle shall secure or cause to be secured in 61 |
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| 96 | 96 | | a seat safety belt any passenger eight years of age or older and under 62 |
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| 97 | 97 | | sixteen years of age; and 63 |
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| 98 | 98 | | (C) If the operator of such vehicle is under eighteen years of age, such 64 |
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| 99 | 99 | | operator and each passenger in such vehicle shall wear such seat safety 65 |
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| 100 | 100 | | belt while the vehicle is being operated on any highway. 66 |
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| 101 | 101 | | (2) The provisions of subdivision (1) of this subsection shall not apply 67 |
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| 102 | 102 | | to (A) any person whose physical disability or impairment would 68 |
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| 103 | 103 | | prevent restraint in such safety belt, provided such person obtains a 69 |
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| 104 | 104 | | written statement from a licensed physician or a licensed advanced 70 |
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| 105 | 105 | | practice registered nurse containing reasons for such person's inability 71 |
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| 106 | 106 | | to wear such safety belt and including information concerning the 72 |
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| 107 | 107 | | nature and extent of such condition. Such person shall carry the 73 |
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| 108 | 108 | | statement on his or her person or in the motor vehicle at all times when 74 |
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| 109 | 109 | | it is being operated, or (B) an authorized emergency vehicle, other than 75 |
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| 110 | 110 | | fire fighting apparatus, responding to an emergency call or a motor 76 |
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| 111 | 111 | | vehicle operated by a rural letter carrier of the United States postal 77 |
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| 112 | 112 | | service while performing his or her official duties or by a person 78 |
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| 113 | 113 | | engaged in the delivery of newspapers. 79 Raised Bill No. 152 |
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| 114 | 114 | | |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LCO No. 789 4 of 7 |
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| 118 | 118 | | |
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| 119 | 119 | | (3) Failure to wear a seat safety belt shall not be considered as 80 |
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| 120 | 120 | | contributory negligence nor shall such failure be admissible evidence in 81 |
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| 121 | 121 | | any civil action. 82 |
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| 122 | 122 | | (4) Any operator of a motor vehicle, who is eighteen years of age or 83 |
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| 123 | 123 | | older, and any passenger in such motor vehicle, who violates any 84 |
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| 124 | 124 | | provision of this subsection shall have committed an infraction and shall 85 |
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| 125 | 125 | | be fined fifty dollars. Any operator of a motor vehicle who is under 86 |
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| 126 | 126 | | eighteen years of age and any passenger in such motor vehicle who 87 |
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| 127 | 127 | | violates any provision of this subsection shall have committed an 88 |
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| 128 | 128 | | infraction and shall be fined seventy-five dollars. Points may not be 89 |
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| 129 | 129 | | assessed against the operator's license of any person convicted of such 90 |
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| 130 | 130 | | violation. 91 |
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| 131 | 131 | | (d) (1) (A) Any person who transports a child under two years of age 92 |
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| 132 | 132 | | or weighing less than thirty pounds in a motor vehicle on the highways 93 |
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| 133 | 133 | | of this state shall provide and require the child to ride rear-facing in a 94 |
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| 134 | 134 | | child restraint system equipped with a five-point harness approved 95 |
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| 135 | 135 | | pursuant to regulations that the Department of Motor Vehicles shall 96 |
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| 136 | 136 | | adopt in accordance with the provisions of chapter 54. 97 |
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| 137 | 137 | | (B) Any person who transports a child under five years of age, but 98 |
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| 138 | 138 | | not under two years of age, or weighing less than forty pounds, but not 99 |
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| 139 | 139 | | less than thirty pounds, in a motor vehicle on the highways of this state 100 |
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| 140 | 140 | | shall provide and require the child to ride rear-facing or forward-facing 101 |
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| 141 | 141 | | in a child restraint system equipped with a five-point harness approved 102 |
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| 142 | 142 | | pursuant to such regulations. 103 |
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| 143 | 143 | | (C) Any person who transports a child under eight years of age, but 104 |
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| 144 | 144 | | not under five years of age, or weighing less than sixty pounds, but not 105 |
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| 145 | 145 | | less than forty pounds, in a motor vehicle on the highways of this state 106 |
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| 146 | 146 | | shall provide and require the child to ride rear-facing or forward-facing 107 |
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| 147 | 147 | | in a child restraint system equipped with a five-point harness or a 108 |
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| 148 | 148 | | booster seat secured by a seat safety belt approved pursuant to such 109 |
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| 149 | 149 | | regulations. 110 |
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| 150 | 150 | | (D) No person shall transport a child in a motor vehicle on the 111 Raised Bill No. 152 |
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| 151 | 151 | | |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LCO No. 789 5 of 7 |
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| 155 | 155 | | |
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| 156 | 156 | | highways of this state in a rear-facing child restraint system in the front 112 |
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| 157 | 157 | | seat of any motor vehicle that is equipped with a functional air bag on 113 |
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| 158 | 158 | | the passenger side of such motor vehicle. 114 |
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| 159 | 159 | | (2) Any person who transports a child eight years of age or older and 115 |
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| 160 | 160 | | weighing sixty or more pounds in a motor vehicle on the highways of 116 |
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| 161 | 161 | | this state shall either provide and require the child to use an approved 117 |
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| 162 | 162 | | child restraint system or require the child to use a seat safety belt. Failure 118 |
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| 163 | 163 | | to use a child restraint system shall not be considered as contributory 119 |
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| 164 | 164 | | negligence nor shall such failure be admissible evidence in any civil 120 |
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| 165 | 165 | | action. As used in this subsection, "motor vehicle" does not mean a bus 121 |
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| 166 | 166 | | having a tonnage rating of one ton or more. 122 |
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| 167 | 167 | | (3) Notwithstanding the provisions of subdivision (1) of this 123 |
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| 168 | 168 | | subsection, any person who transports a child four years of age or older 124 |
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| 169 | 169 | | in a student transportation vehicle, as defined in section 14-212, on the 125 |
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| 170 | 170 | | highways of this state shall either provide and require the child to use 126 |
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| 171 | 171 | | an approved child restraint system or require the child to use a seat 127 |
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| 172 | 172 | | safety belt. Any person who transports a child under four years of age 128 |
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| 173 | 173 | | weighing less than forty pounds in a student transportation vehicle on 129 |
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| 174 | 174 | | the highways of this state shall provide and require the child to use a 130 |
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| 175 | 175 | | child restraint system approved pursuant to such regulations. 131 |
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| 176 | 176 | | (4) No person shall restrain a child in a booster seat unless the motor 132 |
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| 177 | 177 | | vehicle is equipped with a safety seat belt that includes a shoulder belt 133 |
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| 178 | 178 | | and otherwise meets the requirement of subsection (b) of this section. 134 |
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| 179 | 179 | | (5) Any person who violates the provisions of subdivision (1), (2), (3) 135 |
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| 180 | 180 | | or (4) of this subsection shall, for a first violation, have committed an 136 |
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| 181 | 181 | | infraction; for a second violation, be fined not more than one hundred 137 |
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| 182 | 182 | | ninety-nine dollars; and, for a third or subsequent violation, be guilty of 138 |
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| 183 | 183 | | a class A misdemeanor. The commissioner shall require any person who 139 |
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| 184 | 184 | | has committed a first or second violation of the provisions of this 140 |
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| 185 | 185 | | subsection to attend a child car seat safety course offered or approved 141 |
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| 186 | 186 | | by the Department of Motor Vehicles. The commissioner may, after 142 |
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| 187 | 187 | | notice and an opportunity for a hearing, suspend for a period of not 143 Raised Bill No. 152 |
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| 188 | 188 | | |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LCO No. 789 6 of 7 |
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| 192 | 192 | | |
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| 193 | 193 | | more than two months the motor vehicle operator's license of any 144 |
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| 194 | 194 | | person who fails to attend or successfully complete the course. 145 |
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| 195 | 195 | | (e) (1) Any person who transports an individual who remains in a 146 |
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| 196 | 196 | | wheelchair while being transferred into and out of a vehicle, in any 147 |
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| 197 | 197 | | motor vehicle on the highways of this state, shall provide and require 148 |
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| 198 | 198 | | the use of a device designed to secure individuals in wheelchairs while 149 |
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| 199 | 199 | | transferring such individuals from the ground to the vehicle and from 150 |
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| 200 | 200 | | the time the motor vehicle is brought to a stop until such individuals are 151 |
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| 201 | 201 | | transferred from the vehicle to the ground. Such device shall be located 152 |
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| 202 | 202 | | in the motor vehicle at all times. The Commissioner of Motor Vehicles 153 |
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| 203 | 203 | | may, after consultation with the [Departments] Commissioners of 154 |
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| 204 | 204 | | Transportation and Public Health, establish regulations to implement 155 |
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| 205 | 205 | | the provisions of this section and sections 13b-105, as amended by this 156 |
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| 206 | 206 | | act, and 14-102a, subsection (d) of section 14-103, subsection (a) of 157 |
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| 207 | 207 | | section 14-275 and subsection (a) of section 19a-180. 158 |
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| 208 | 208 | | (2) The following motor vehicles registered in this state for the first 159 |
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| 209 | 209 | | time on or after October 1, 2007, that transport individuals who remain 160 |
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| 210 | 210 | | in wheelchairs while being transported, shall, in addition to the 161 |
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| 211 | 211 | | requirements of subdivision (1) of this subsection, install or provide and 162 |
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| 212 | 212 | | require the use of a device that secures the wheelchair to the motor 163 |
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| 213 | 213 | | vehicle's mechanical lift or otherwise prevents or seeks to prevent an 164 |
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| 214 | 214 | | individual in a wheelchair from falling from such mechanical lift or 165 |
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| 215 | 215 | | motor vehicle: (A) Motor vehicles in livery service, as defined in section 166 |
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| 216 | 216 | | 13b-101, (B) service buses, [as defined in section 14-1,] (C) invalid 167 |
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| 217 | 217 | | coaches, as defined in subdivision (11) of section 19a-175, (D) vanpool 168 |
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| 218 | 218 | | vehicles, [as defined in section 14-1,] (E) school buses, [as defined in 169 |
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| 219 | 219 | | section 14-1,] (F) motor buses, [as defined in section 14-1,] (G) student 170 |
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| 220 | 220 | | transportation vehicles, as defined in section 14-212, and (H) camp 171 |
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| 221 | 221 | | vehicles. [, as defined in section 14-1.] The provisions of this subsection 172 |
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| 222 | 222 | | shall also apply to all motor vehicles used by municipal, volunteer and 173 |
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| 223 | 223 | | commercial ambulance services and rescue services, as defined in 174 |
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| 224 | 224 | | section 19a-175. 175 |
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| 225 | 225 | | (3) Violation of any provision of this subsection is an infraction. 176 Raised Bill No. 152 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LCO No. 789 7 of 7 |
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| 230 | 230 | | |
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| 231 | 231 | | (f) (1) Any person who transports an individual who remains on a 177 |
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| 232 | 232 | | stretcher while being transferred into and out of a stretcher van, 178 |
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| 233 | 233 | | pursuant to section 13b-105, as amended by this act, shall provide and 179 |
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| 234 | 234 | | require the use of a device designed to secure such individual in the 180 |
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| 235 | 235 | | stretcher while transferring such individual from the ground to the 181 |
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| 236 | 236 | | stretcher van and from the time the stretcher van is brought to a stop 182 |
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| 237 | 237 | | until such individual is transferred from the stretcher van to the ground. 183 |
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| 238 | 238 | | Such device shall be located in the stretcher van at all times. 184 |
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| 239 | 239 | | (2) Any livery permit holder who transports an individual who 185 |
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| 240 | 240 | | remains on a stretcher while being transported in a stretcher van shall 186 |
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| 241 | 241 | | ensure that an attendant, in addition to the operator of the stretcher van, 187 |
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| 242 | 242 | | accompany such individual during transport. For the purposes of this 188 |
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| 243 | 243 | | subdivision, "attendant" means a person trained in the lifting, moving 189 |
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| 244 | 244 | | and transport of a person on a stretcher that is equivalent to the training 190 |
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| 245 | 245 | | provided to emergency medical services personnel, as defined in section 191 |
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| 246 | 246 | | 19a-180b. 192 |
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| 247 | 247 | | (3) Violation of any provision of this subsection is an infraction. 193 |
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| 248 | 248 | | [(f)] (g) The commissioner shall administer the provisions of this 194 |
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| 249 | 249 | | section. 195 |
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| 250 | 250 | | This act shall take effect as follows and shall amend the following |
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| 251 | 251 | | sections: |
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| 252 | 252 | | |
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| 253 | 253 | | Section 1 October 1, 2020 13b-105 |
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| 254 | 254 | | Sec. 2 October 1, 2020 14-100a |
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| 255 | 255 | | |
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| 256 | 256 | | Statement of Purpose: |
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| 257 | 257 | | To allow temporary and permanent livery permit holders to transport |
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| 258 | 258 | | in a stretcher van certain elderly persons and persons with disabilities. |
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| 259 | 259 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 260 | 260 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 261 | 261 | | underlined.] |
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| 262 | 262 | | |
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