LCO No. 2731 1 of 5
General Assembly Raised Bill No. 445
February Session, 2020
LCO No. 2731
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT INCREASING PENALTIES FOR OFFENSES ARISING FROM
MISUSE OF SNOWMOBILE S AND ALL-TERRAIN VEHICLES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 14-386 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2020): 2
(a) Any law enforcement officer of the Department of Energy and 3
Environmental Protection, motor vehicle inspector, state police officer, 4
uniformed municipal police officer, constable, state park policeman, 5
state forest policeman or forest ranger may enforce the provisions of 6
sections 14-379 to 14-390, inclusive, as amended by this act. 7
(b) No person operating a snowmobile or all-terrain vehicle shall 8
refuse to stop his or her snowmobile or all-terrain vehicle after being 9
requested or signaled to do so by an authorized law enforcement officer, 10
or the owner or the agent of the owner of the property upon which such 11
snowmobile or all-terrain vehicle is being operated. Any person 12
operating a snowmobile or all-terrain vehicle who refuses to stop his or 13
her snowmobile or all-terrain vehicle upon such request or such signal 14
by an authorized law enforcement officer shall have committed [an 15 Raised Bill No. 445
LCO No. 2731 2 of 5
infraction] a class A misdemeanor, except that, if such violation causes 16
the death or serious physical injury of another person, such person shall 17
be guilty of a class D felony. 18
Sec. 2. Section 14-386a of the general statutes is repealed and the 19
following is substituted in lieu thereof (Effective October 1, 2020): 20
(a) No person shall operate a snowmobile or all-terrain vehicle in the 21
following manner: (1) At an unreasonable or imprudent rate of speed 22
for existing conditions; (2) in a negligent manner so as to endanger any 23
person or property; or (3) while under the influence of intoxicating 24
liquor or any drug, or both, as provided in subsection (a) of section 14-25
227a. 26
(b) Any person who violates the provisions of subdivision (1) or (2) 27
of subsection (a) of this section, or any regulation relating [thereto] to 28
said subdivisions, shall be fined not more than [two hundred fifty] one 29
thousand dollars for [each] the first offense, not more than two thousand 30
five hundred dollars for the second offense and not more than three 31
thousand five hundred dollars for a third or subsequent offense. Any 32
person who violates the provisions of subdivision (3) of this section shall 33
be subject to the penalties set forth in section 14-227a. In addition 34
[thereto] to such penalties, the operator or owner, or both, of a 35
snowmobile or all-terrain vehicle, shall be responsible and held 36
accountable to the owner of any land where trees, shrubs, crops, fences 37
or other property have been damaged as a result of travel of such 38
snowmobiles or all-terrain vehicles over such land, or where 39
consequential damage has resulted from such travel. Proof of the 40
registration number of the snowmobile or all-terrain vehicle shall be 41
prima facie evidence in any prosecution or action for damages that the 42
owner was the operator. 43
Sec. 3. Section 14-387 of the general statutes is repealed and the 44
following is substituted in lieu thereof (Effective October 1, 2020): 45
No person shall operate a snowmobile or all-terrain vehicle in the 46
following manner: (1) On any public highway, except such snowmobile 47 Raised Bill No. 445
LCO No. 2731 3 of 5
or all-terrain vehicle, if operated by a licensed motor vehicle operator, 48
may cross a public highway if the crossing is made at an angle of 49
approximately ninety degrees to the direction of the highway and at a 50
location where no obstruction prevents a quick and safe crossing, the 51
snowmobile or all-terrain vehicle is completely stopped before entering 52
the traveled portion of the highway and the driver yields the right-of-53
way to motor vehicles using the highway, provided nothing in this 54
subsection shall be construed to permit the operation of a snowmobile 55
or all-terrain vehicle on a limited access highway, as defined in 56
subsection (a) of section 13a-1; (2) in such a manner that the exhaust of 57
the snowmobile or all-terrain vehicle makes an excessive or unusual 58
noise; (3) without a functioning muffler, subject to the provisions of 59
section 14-80, properly operating brakes, sufficient and adequate front 60
and rear lighting and reflecting devices, except an all-terrain vehicle 61
with an engine size of ninety cubic centimeters or less shall not be 62
required to be equipped with front and rear lighting and shall not be 63
operated after dark; (4) in any manner which would cause harassment 64
of any game or domestic animal; (5) on any land without the written 65
permission of the owner, or the agent of the owner, or in the case of 66
state-owned land, without the written permission of the state agency or 67
institution under whose control such land is, or in the case of land under 68
the jurisdiction of a local municipality without the written permission 69
of such municipality, which written permission shall be carried on the 70
person operating the all-terrain vehicle while on such land; and (6) on 71
any railroad right-of-way. Nothing in sections 14-379 to 14-390, 72
inclusive, as amended by this act, shall preclude the operation of a 73
snowmobile or all-terrain vehicle (A) on the frozen surface of any public 74
body of water, provided any municipality may by ordinance regulate 75
the hours of operation of snowmobiles and all-terrain vehicles on public 76
waters within such municipality and provided the operation of a 77
snowmobile or all-terrain vehicle shall be subject to the provisions of 78
section 25-43c; or (B) on any abandoned or disused railroad right-of-way 79
or in any place or upon any land specifically designated for the 80
operation of snowmobiles and all-terrain vehicles by statute, regulation 81
or local ordinance. Any person who violates any provision of this 82 Raised Bill No. 445
LCO No. 2731 4 of 5
section shall have committed a [separate infraction for each such 83
violation] class D misdemeanor for a first offense and a class C 84
misdemeanor for a second or subsequent offense. For a second or 85
subsequent offense, if such person has a motor vehicle operator's license 86
or nonresident operating privilege, such license or privilege shall be 87
suspended for thirty days. 88
Sec. 4. Section 14-388 of the general statutes is repealed and the 89
following is substituted in lieu thereof (Effective October 1, 2020): 90
Except as otherwise provided, any person who violates any of 91
sections 14-379 to 14-390, inclusive, as amended by this act, or any 92
regulation relating [thereto] to said sections shall have committed [an 93
infraction for each such offense] a class D misdemeanor for a first 94
offense and a class C misdemeanor for a second or subsequent 95
commission of any such same offense. For any second or subsequent 96
commission of any same such offense, if such person has a motor vehicle 97
operator's license or nonresident operating privilege, such license or 98
privilege shall be suspended for thirty days. In addition [thereto] to such 99
penalties, the operator or owner, or both, of a snowmobile or all-terrain 100
vehicle, shall be [responsible and held accountable] liable for treble 101
damages to the owner of any land where trees, shrubs, crops, fences or 102
other property have been damaged as a result of travel of such 103
snowmobiles or all-terrain vehicles over such land, or where 104
consequential damage has resulted from such travel. Proof of the 105
registration number of the snowmobile or all-terrain vehicle shall be 106
prima facie evidence in any prosecution or action for damages that the 107
owner was the operator. 108
Sec. 5. Subsection (a) of section 14-390 of the general statutes is 109
repealed and the following is substituted in lieu thereof (Effective October 110
1, 2020): 111
(a) Any municipality may, by ordinance, regulate the operation and 112
use, including hours and zones of use, of snowmobiles and all-terrain 113
vehicles in a manner not inconsistent with the provisions of this section 114 Raised Bill No. 445
LCO No. 2731 5 of 5
and sections 14-379 to 14-389, inclusive, or any regulations adopted 115
pursuant thereto, and may prescribe a penalty for violation of such 116
ordinance (1) in an amount not to exceed one thousand dollars for a first 117
violation, in an amount not to exceed [one] two thousand five hundred 118
dollars for a second violation and in an amount not to exceed [two] three 119
thousand five hundred dollars for a third or subsequent violation, and 120
(2) in the case of a municipality with a population of twenty thousand 121
or more, to provide for the seizure and forfeiture to the municipality of 122
such all-terrain vehicle for a violation of such ordinance, subject to any 123
bona fide lien, lease or security interest in the all-terrain vehicle, 124
including, but not limited to, a lien under section 14-66c. 125
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 14-386
Sec. 2 October 1, 2020 14-386a
Sec. 3 October 1, 2020 14-387
Sec. 4 October 1, 2020 14-388
Sec. 5 October 1, 2020 14-390(a)
Statement of Purpose:
To change the penalties and liabilities for violations of title 14 of the
general statutes concerning misuse of snowmobiles and all-terrain
vehicles.
[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.]