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General Assembly Raised Bill No. 152
February Session, 2020
LCO No. 789
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
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 Section 13b-105 of the general statutes is repealed and the 1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, 2020): 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, safety 13
and protection necessary for the best interest of, persons who are 14 Raised Bill No. 152
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elderly, persons with disabilities and the general public. No applicant 15
shall be issued a temporary or permanent permit unless such applicant's 16
motor vehicle meets the requirements of subsection (e) of section 14-17
100a, as amended by this act, [. Applicants who were issued a temporary 18
or permanent permit prior to October 1, 2007, shall comply with the 19
requirements of subsection (e) of section 14-100a not later than October 20
1, 2007] or such applicant's stretcher van meets the requirements of 21
subsection (f) of section 14-100a, as amended by this act. A temporary 22
or permanent livery permit holder may use a stretcher van to transport 23
a person who is elderly or a person with disabilities who requires 24
nonemergency transportation on a stretcher but who does not require 25
medical services during transport, in accordance with subsection (f) of 26
section 14-100a, as amended by this act, provided (1) such person 27
obtains and provides to the operator of the stretcher van, prior to such 28
transport, a written statement from such person's primary care 29
provider, as defined in section 19a-7o, that such person may be 30
transported in a stretcher van, and (2) the operator of the stretcher van 31
has received training in the lifting, moving and transport of a person on 32
a stretcher that is equivalent to the training provided to emergency 33
medical services personnel, as defined in section 19a-180b. For the 34
purposes of this section, "stretcher van" means a van designed and 35
equipped to provide the nonemergency transportation of persons on a 36
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, 2020): 39
(a) No new passenger motor vehicle may be sold or registered in this 40
state unless equipped with at least two sets of seat safety belts for the 41
front and rear seats of the motor vehicle, which belts comply with the 42
requirements of subsection (b) of this section. The anchorage unit at the 43
attachment point shall be of such construction, design and strength as 44
to support a loop load strength of not less than four thousand pounds 45
for each belt. 46
(b) No seat safety belt may be sold for use in connection with the 47 Raised Bill No. 152
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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
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 in 61
a seat safety belt any passenger eight years of age or older and under 62
sixteen years of age; and 63
(C) If the operator of such vehicle is under eighteen years of age, such 64
operator and each passenger in such vehicle shall wear such seat safety 65
belt while the vehicle is being operated on any highway. 66
(2) The provisions of subdivision (1) of this subsection shall not apply 67
to (A) any person whose physical disability or impairment would 68
prevent restraint in such safety belt, provided such person obtains a 69
written statement from a licensed physician or a licensed advanced 70
practice registered nurse containing reasons for such person's inability 71
to wear such safety belt and including information concerning the 72
nature and extent of such condition. Such person shall carry the 73
statement on his or her person or in the motor vehicle at all times when 74
it is being operated, or (B) an authorized emergency vehicle, other than 75
fire fighting apparatus, responding to an emergency call or a motor 76
vehicle operated by a rural letter carrier of the United States postal 77
service while performing his or her official duties or by a person 78
engaged in the delivery of newspapers. 79 Raised Bill No. 152
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(3) Failure to wear a seat safety belt shall not be considered as 80
contributory negligence nor shall such failure be admissible evidence in 81
any civil action. 82
(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 shall 85
be fined fifty dollars. Any operator of a motor vehicle who is under 86
eighteen years of age and any passenger in such motor vehicle who 87
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 age 92
or weighing less than thirty pounds in a motor vehicle on the highways 93
of this state shall provide and require the child to ride rear-facing in a 94
child restraint system equipped with a five-point harness approved 95
pursuant to regulations that the Department of Motor Vehicles shall 96
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 not 99
less than thirty pounds, in a motor vehicle on the highways of this state 100
shall provide and require the child to ride rear-facing or forward-facing 101
in a child restraint system equipped with a five-point harness approved 102
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-facing 107
in a child restraint system equipped with a five-point harness or a 108
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 Raised Bill No. 152
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highways of this state in a rear-facing child restraint system in the front 112
seat of any motor vehicle that is equipped with a functional air bag on 113
the passenger side of such motor vehicle. 114
(2) Any person who transports a child eight years of age or older and 115
weighing sixty or more pounds in a motor vehicle on the highways of 116
this state shall either provide and require the child to use an approved 117
child restraint system or require the child to use a seat safety belt. Failure 118
to use a child restraint system shall not be considered as contributory 119
negligence nor shall such failure be admissible evidence in any civil 120
action. As used in this subsection, "motor vehicle" does not mean a bus 121
having a tonnage rating of one ton or more. 122
(3) Notwithstanding the provisions of subdivision (1) of this 123
subsection, any person who transports a child four years of age or older 124
in a student transportation vehicle, as defined in section 14-212, on the 125
highways of this state shall either provide and require the child to use 126
an approved child restraint system or require the child to use a seat 127
safety belt. Any person who transports a child under four years of age 128
weighing less than forty pounds in a student transportation vehicle on 129
the highways of this state shall provide and require the child to use a 130
child restraint system approved pursuant to such regulations. 131
(4) No person shall restrain a child in a booster seat unless the motor 132
vehicle is equipped with a safety seat belt that includes a shoulder belt 133
and otherwise meets the requirement of subsection (b) of this section. 134
(5) Any person who violates the provisions of subdivision (1), (2), (3) 135
or (4) of this subsection shall, for a first violation, have committed an 136
infraction; for a second violation, be fined not more than one hundred 137
ninety-nine dollars; and, for a third or subsequent violation, be guilty of 138
a class A misdemeanor. The commissioner shall require any person who 139
has committed a first or second violation of the provisions of this 140
subsection to attend a child car seat safety course offered or approved 141
by the Department of Motor Vehicles. The commissioner may, after 142
notice and an opportunity for a hearing, suspend for a period of not 143 Raised Bill No. 152
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more than two months the motor vehicle operator's license of any 144
person who fails to attend or successfully complete the course. 145
(e) (1) Any person who transports an individual who remains in a 146
wheelchair while being transferred into and out of a vehicle, in any 147
motor vehicle on the highways of this state, shall provide and require 148
the use of a device designed to secure individuals in wheelchairs while 149
transferring such individuals from the ground to the vehicle and from 150
the time the motor vehicle is brought to a stop until such individuals are 151
transferred from the vehicle to the ground. Such device shall be located 152
in the motor vehicle at all times. The Commissioner of Motor Vehicles 153
may, after consultation with the [Departments] Commissioners of 154
Transportation and Public Health, establish regulations to implement 155
the provisions of this section and sections 13b-105, as amended by this 156
act, and 14-102a, subsection (d) of section 14-103, subsection (a) of 157
section 14-275 and subsection (a) of section 19a-180. 158
(2) The following motor vehicles registered in this state for the first 159
time on or after October 1, 2007, that transport individuals who remain 160
in wheelchairs while being transported, shall, in addition to the 161
requirements of subdivision (1) of this subsection, install or provide and 162
require the use of a device that secures the wheelchair to the motor 163
vehicle's mechanical lift or otherwise prevents or seeks to prevent an 164
individual in a wheelchair from falling from such mechanical lift or 165
motor vehicle: (A) Motor vehicles in livery service, as defined in section 166
13b-101, (B) service buses, [as defined in section 14-1,] (C) invalid 167
coaches, as defined in subdivision (11) of section 19a-175, (D) vanpool 168
vehicles, [as defined in section 14-1,] (E) school buses, [as defined in 169
section 14-1,] (F) motor buses, [as defined in section 14-1,] (G) student 170
transportation vehicles, as defined in section 14-212, and (H) camp 171
vehicles. [, as defined in section 14-1.] The provisions of this subsection 172
shall also apply to all motor vehicles used by municipal, volunteer and 173
commercial ambulance services and rescue services, as defined in 174
section 19a-175. 175
(3) Violation of any provision of this subsection is an infraction. 176 Raised Bill No. 152
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(f) (1) Any person who transports an individual who remains on a 177
stretcher while being transferred into and out of a stretcher van, 178
pursuant to section 13b-105, as amended by this act, shall provide and 179
require the use of a device designed to secure such individual in the 180
stretcher while transferring such individual from the ground to the 181
stretcher van and from the time the stretcher van is brought to a stop 182
until such individual is transferred from the stretcher van to the ground. 183
Such device shall be located in the stretcher van at all times. 184
(2) Any livery permit holder who transports an individual who 185
remains on a stretcher while being transported in a stretcher van shall 186
ensure that an attendant, in addition to the operator of the stretcher van, 187
accompany such individual during transport. For the purposes of this 188
subdivision, "attendant" means a person trained in the lifting, moving 189
and transport of a person on a stretcher that is equivalent to the training 190
provided to emergency medical services personnel, as defined in section 191
19a-180b. 192
(3) Violation of any provision of this subsection is an infraction. 193
[(f)] (g) The commissioner shall administer the provisions of this 194
section. 195
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 13b-105
Sec. 2 October 1, 2020 14-100a
Statement of Purpose:
To allow temporary and permanent livery permit holders to transport
in a stretcher van certain elderly persons and persons with disabilities.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]