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OLR Bill Analysis
sHB 5429 (as amended by House "A")*
AN ACT CONCERNING PEDESTRIAN SAFETY, VISION ZERO
COUNCIL, SPEED LIMITS IN MUNICIPALITIES, FINES AND
CHARGES FOR CERTAIN VIOLATIONS, THE GREENWAYS
COMMEMORATIVE ACCOUNT AND MAINTENANCE WORK ZONE
AND SCHOOL ZONE SAFETY ENFORCEMENT.
SUMMARY
§ 1 — YIELDING TO PEDESTRIANS AT CROSSWALKS
Expands the circumstances under which drivers must yield to pedestrians at uncontrolled
crosswalks
§ 2 — VISION ZERO
Establishes a Vision Zero Council and charges it with developing a statewide policy to
eliminate all transportation-related fatalities and severe injuries
§ 3 — CERTIFICATE OF OPERATION FOR MAJOR TRAFFIC
GENERATORS
Requires OSTA to consider major traffic generators’ impact on bicycle and pedestrian
access and safety when awarding certificates of operation
§ 4 — DOORING
Prohibits causing physical contact with moving traffic by (1) opening a vehicle door or (2)
leaving it open longer than necessary to load or unload passengers
§ 5 — MUNICIPAL SURCHARGE
Increases, from $20 to $25, the surcharge on certain moving violations that is remitted to
municipalities and subjects dooring violations to the surcharge
§§ 6-12 — LOCAL ROAD SPEED LIMITS AND PEDESTRIAN SAFETY
ZONES
Allows municipalities to establish speed limits on local roads without OSTA approval and
allows for the establishment of pedestrian safety zones with speed limits as low as 20 mph
in downtown districts, community centers, and areas around hospitals
§ 13 — DISTRACTED DRIVING FINES
Increases the fines for distracted driving
§ 14 — GREENWAYS COMMEMORAT IVE PLATES
Requires that greenways commemorative plate fees be deposited into a dedicated account
and used to fund grant programs for greenways and other bicycle and pedestrian trails
BACKGROUND
2021HB-05429-R010710-BA.DOCX
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SUMMARY
This bill allows for local control of speed limits on local roads and
the establishment of pedestrian safety zones. It makes changes related
to bicycle and pedestrian access and safety, such as:
1. expanding the circumstances under which drivers must yield to
pedestrians at uncontrolled crosswalks,
2. establishing a Vision Zero Council with the goal of eliminating
transportation-related deaths and serious injuries,
3. establishing an infraction for “dooring” moving traffic,
4. increasing distracted driving fines, and
5. dedicating revenue from greenways commemorative license
plates to fund greenways-related grant programs.
It also makes a number of technical and conforming changes.
*House Amendment “A” (1) eliminates the underlying bill’s
provisions on speed cameras, hospital zones, and the work zone safety
account; (2) changes the Vision Zero Council’s membership, allows the
council to establish advisory committees, and requires it to assist with
DOT’s public awareness campaigns; (3) limits the dooring infraction to
only situations in which the moving traffic is traveling at a reasonable
speed and with due regard for the safety of all persons and property;
(4) requires local traffic authorities to receive permission from local
legislative bodies before assuming control for speed limits and under
certain other conditions; (5) increases the lowest speed limit an LTA
may set; (6) applies restrictions to speed limit reductions of more than
10 mph, including requiring approval from or notice to adjoining
municipalities on certain reductions near their borders; (7) allows a
pedestrian safety zone to be established on roads adjacent or
sufficiently close to hospital property; (8) delays the effective date of
the local speed limits and pedestrian safety zones provisions (§§ 6 & 7);
and (9) makes other minor and technical changes. 2021HB-05429-R010710-BA.DOCX
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EFFECTIVE DATE: October 1, 2021, except the Vision Zero Council
provisions are effective upon passage.
§ 1 — YIELDING TO PEDESTRIANS AT CROSSWALKS
Expands the circumstances under which drivers must yield to pedestrians at uncontrolled
crosswalks
The bill expands the circumstances under which drivers must yield
the right-of-way to pedestrians at marked and unmarked crosswalks
that are not controlled by traffic signals or police officers (i.e.,
uncontrolled crosswalks).
Under current law, a driver must yield to a pedestrian, slowing or
stopping as necessary, if the pedestrian has stepped off the curb or into
the crosswalk at the entrance. Under the bill, a driver must do so if the
pedestrian:
1. is within any portion of the crosswalk;
2. steps to the curb at a crosswalk’s entrance and indicates intent
to cross the road by raising his or her hand and arm toward
oncoming traffic; or
3. indicates intent to cross the road by moving into the crosswalk’s
entrance any body part or any extension of a body part,
including a wheelchair, cane, walking stick, crutch, bicycle,
electric bicycle, stroller, carriage, cart, or leashed or harnessed
dog.
As under existing law, drivers who fail to yield at a crosswalk when
required are subject to a $500 fine.
By law, pedestrians crossing at crosswalks controlled by traffic
signals or police officers may cross only as indicated by the signal or
officer. Pedestrians must also yield the right of way to emergency
vehicles.
§ 2 — VISION ZERO
Establishes a Vision Zero Council and charges it with developing a statewide policy to
eliminate all transportation-related fatalities and severe injuries 2021HB-05429-R010710-BA.DOCX
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The bill establishes a Vision Zero Council and charges it with
developing a statewide policy and interagency approach to eliminate
all transportation-related fatalities and severe injuries to pedestrians,
bicyclists, transit users, drivers, and passengers. It must consider ways
to improve safety in all transportation modes using data, new
partnerships, safe planning, and community-based solutions to
achieve the goal of zero transportation-related fatalities.
The council is composed of the Department of Transportation
(DOT), Department of Public Health, and Department of Emergency
Services and Public Protection commissioners and any other agency
commissioners they invite. Any commissioner may instead send a
designee. The DOT commissioner, or his designee, serves as the
council’s chairperson and must schedule its first meeting by September
1, 2021. DOT serves as the council’s administrative staff, and the
council may establish committees at any time to advise it in carrying
out its duties.
Under the bill, the council must assist in developing any DOT
public awareness campaign to educate the public on ways to (1) reduce
transportation-related fatalities and severe injuries to pedestrians,
bicyclists, transit users, drivers, and passengers and (2) increase
awareness and improve road users’ behavior.
Starting by February 1, 2022, the council must annually submit the
statewide policy and interagency approach, along with any other
recommendations, to the Transportation Committee.
§ 3 — CERTIFICATE OF OPERA TION FOR MAJOR TRAFFIC
GENERATORS
Requires OSTA to consider major traffic generators’ impact on bicycle and pedestrian
access and safety when awarding certificates of operation
The law generally requires an entity that is building, expanding,
establishing, or operating an open air theatre, shopping center, or any
other development generating large volumes of traffic that
substantially affect highway traffic (i.e., “major traffic generators”) to
obtain the Office of the State Traffic Administration’s (OSTA)
certification that the operation will not endanger public safety. State 2021HB-05429-R010710-BA.DOCX
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regulations specify that a development qualifies as a major traffic
generator if it has (1) 200 or more parking spaces or (2) a gross floor
area of at least 100,000 square feet (Conn. Agencies Regs. § 14-312-1).
Existing law (1) establishes a number of factors that OSTA must
include in its consideration of highway safety (e.g., traffic density and
highway width and character) and (2) allows OSTA to require
applicants to make certain improvements t o address the
development’s highway safety impact. The bill adds bicycle and
pedestrian access and safety to the factors OSTA must consider and
allows it to require improvements that address impacts to bicycle and
pedestrian access and safety, conforming to current OSTA practice.
§ 4 — DOORING
Prohibits causing physical contact with moving traffic by (1) opening a vehicle door or (2)
leaving it open longer than necessary to load or unload passengers
The bill prohibits a person from causing physical contact between a
vehicle door and moving traffic by (1) opening the door, if the moving
traffic is traveling at a reasonable speed with due regard for the safety
of people and property, or (2) leaving it open longer than needed to
load or unload passengers. Violations of this provision are infractions
(see BACKGROUND).
Under the bill, “moving traffic” includes (1) motor vehicles,
bicycles, electric bicycles, and electric foot scooters traveling on the
highway and (2) pedestrians and people riding bicycles, electric
bicycles, or electric foot scooters on sidewalks, shoulders, or bikeways.
§ 5 — MUNICIPAL SURCHARGE
Increases, from $20 to $25, the surcharge on certain moving violations that is remitted to
municipalities and subjects dooring violations to the surcharge
The act increases, from $20 to $25, the surcharge paid, in addition to
a fine, by people who violate specified motor vehicle laws, regulations,
and ordinances, such as speeding and reckless driving. It also adds
dooring to the list of violations to which the surcharge applies.
By law, the state must remit this fee to the municipality in which a
violation occurs. 2021HB-05429-R010710-BA.DOCX
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§§ 6-12 — LOCAL ROAD SPEED LIM ITS AND PEDESTRIAN
SAFETY ZONES
Allows municipalities to establish speed limits on local roads without OSTA approval and
allows for the establishment of pedestrian safety zones with speed limits as low as 20 mph
in downtown districts, community centers, and areas around hospitals
By law, a municipality’s local traffic authority (LTA) is responsible
for setting speed limits on streets, highways, or bridges or parking
areas for 10 or more cars within the town’s jurisdiction (i.e., local
roads). But under current law, the LTA must obtain approval from
OSTA before the limits can take effect.
Under certain conditions, the bill allows LTAs to establish, modify,
and maintain speed limits on local roads without OSTA approval and
establish pedestrian safety zones on those roads. It also allows OSTA
to establish pedestrian safety zones on state roads at an LTA’s or
DOT’s request.
By law, the entity designated as the LTA varies by town, but may be
the police commission, board of selectman, mayor, town manager,
police chief, or traffic authority (CGS § 14-297(6)).
The bill also makes numerous technical and conforming changes.
Speed Limits on Local Roads
The bill allows LTAs to establish, modify, and maintain speed limits
on local roads without OSTA approval, as long as the LTA:
1. receives permission to assume responsibility for local speed
limits from the municipality by vote of its legislative body, or
the board of selectman if the legislative body is a town meeting
(this permission is not required if the municipality’s legislative
body is also the LTA);
2. establishes, modifies, and maintains speed limits on all roads,
bridges, and parking areas under its jurisdiction;
3. notifies OSTA in writing that it has received permission, if
required, from the municipality’s legislative body and intends
to assume responsibility and authority for establishing speed 2021HB-05429-R010710-BA.DOCX
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limits within its jurisdiction;
4. conducts an engineering study (see below); and
5. notifies OSTA of each speed limit change so the department can
maintain a statewide inventory of speed limits.
Under the bill, LTAs may not set a speed limit lower than 25 mph
unless (1) the speed limit is part of a pedestrian safety zone (see below)
or (2) the engineering study indicates a speed limit lower than 25 mph
is reasonable. Under existing law and the bill, LTAs may establish
speed limits on private roads wholly within the municipality under its
jurisdiction without OSTA approval.
The bill also (1) specifies that any speed limit established with OSTA
approval remains in effect until the LTA modifies it and (2) makes
conforming changes to specify that exceeding a speed limit established
by an LTA without OSTA approval is prima facie evidence that a
driver is traveling unreasonably fast.
Reductions of More Than 10 MPH
The bill applies certain restrictions to speed limit reductions of more
than 10 mph. Before an LTA may reduce a speed limit by more than 10
mph, it must receive permission from the municipality by vote of its
legislative body or the board of selectman (as applicable). (This
permission is not required if the legislative body is also the LTA.) It
must also post reduced speed limit ahead signs in accordance with the
Federal Highway Administration’s (FHWA) Manual on Uniform
Traffic Control Devices (MUTCD).
Reductions Near Town Boundaries. The bill imposes additional
requirements on speed limit reductions of more than 10 mph on roads
that run into adjoining towns.
Within 1,000 feet of the municipality’s boundary, an LTA may not
reduce the speed limit by more than 10 mph from the road’s speed
limit in the adjoining municipality without also getting approval from
the adjoining municipality’s legislative body or board of selectman (as 2021HB-05429-R010710-BA.DOCX
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applicable). Additionally, an LTA must notify the adjoining
municipality if it lowers the speed limit for a road located between
1,000 feet and one mile of the boundary by more than 10 mph from the
road’s speed limit in the adjoining town.
Pedestrian Safety Zones
The bill authorizes LTAs, in the case of local roads, or OSTA, in the
case of state roads, to establish pedestrian safety zones with speed
limits as low as 20 mph on roads (1) in clearly defined downtown
districts and community centers frequented by pedestrians or (2)
adjacent to hospital property or sufficiently close as to constitute a
public safety risk. LTAs do not need permission from OSTA to
establish pedestrian safety zones.
Under the bill, LTAs may establish a zone on local roads if they (1)
receive general authority to establish zones from the municipality by
vote of its legislative body or board of selectman, as applicable, (this
permission is not required if the municipality’s legislative body is also
the LTA) and (2) conduct an engineering study as the bill requires. If
the LTA reduces the speed limit by more than 10 mph, it must erect
reduced speed limit ahead signs and, if applicable, receive permission
or notify the adjoining municipality, as outlined above.
In municipalities where OSTA approves speed limits, LTAs must
notify OSTA in writing that it is establishing a pedestrian safety zone
and confirm that the bill’s applicable requirements have been satisfied.
If an LTA or DOT seeks to establish a pedestrian safety zone on a
state highway that passes through a downtown district or community
center, it must submit a written request for approval to OSTA that
includes the required engineering study and speed management plan.
If OSTA denies the request, it must provide a written explanation of
the reasons for doing so.
Engineering Studies and Speed Management Plans
Under the bill, before an LTA establishes or modifies a speed limit
or establishes a pedestrian safety zone, the LTA must conduct an 2021HB-05429-R010710-BA.DOCX
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engineering study in accordance with the MUTCD and other generally
accepted engineering principles and guidance. (A study must also be
conducted in order for OSTA to approve an LTA’s or DOT’s request
for a pedestrian safety zone on a state highway.)
The study must be completed by a professional engineer licensed in
the state and consider factors including pedestrian activity, land use
and development, parking, and traffic accident records in the LTA’s
jurisdiction or area under consideration for a pedestrian safety zone.
If an engineering study on establishing a pedestrian safety zone
recommends doing so, the study must also include a speed
management plan and recommended actions to achieve lower motor
vehicle speeds.
Regulations
The bill authorizes OSTA to adopt regulations on (1) setting local
speed limits without OSTA approval and (2) establishing pedestrian
safety zones.
§ 13 — DISTRACTED DRIVING FINES
Increases the fines for distracted driving
The bill increases the fines for violating the state’s distracted driving
law from (1) $150 to $200 for a first violation, (2) $300 to $375 for a
second violation, and (3) $500 to $625 for a third or subsequent
violation.
The distracted driving law generally prohibits a person, while
driving, from using a handheld mobile telephone to engage in a call,
using a mobile electronic device (e.g., texting), and engaging in any
activity unrelated to driving in a manner that interferes with safely
operating the vehicle, among other things.
§ 14 — GREENWAYS COMMEMORAT IVE PLATES
Requires that greenways commemorative plate fees be deposited into a dedicated account
and used to fund grant programs for greenways and other bicycle and pedestrian trails
Under current law, the purpose of greenways commemorative
plates is to enhance public awareness of state and local efforts to 2021HB-05429-R010710-BA.DOCX
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preserve, restore, and protect greenways. The money collected from
the special fee for greenways plates, less a $15 administrative fee, goes
to the General Fund.
The bill expands the purpose of the plate to include providing
funding for greenways and requires that the money collected be
deposited in the “greenways commemorative account,” which the bill
establishes as a separate, nonlapsing account within the General Fund.
Account funds must be spent by the Department of Energy and
Environmental Protection (DEEP) for the greenways capital grant
program and the bikeway, pedestrian walkway, recreation trail, and
greenways grant program.
The bill also (1) codifies regulations regarding greenways plate fees,
(2) allows, rather than requires, the Department of Motor Vehicles
commissioner to establish regulations on the plates, and (3) eliminates
the requirement that any regulations be developed in consultation
with DEEP.
BACKGROUND
Infractions
Infractions are punishable by fines, usually set by Superior Court
judges, of between $35 and $90, plus a $20 or $35 surcharge and an
additional fee based on the fine’s amount. There may also be other
applicable charges depending on the type of infraction. For example,
certain motor vehicle infractions trigger a Special Transportation Fund
surcharge of 50% of the fine. With the various additional charges, the
total amount due can be over $300 but often is less than $100. An
infraction is not a crime, and violators can pay the fine by mail without
making a court appearance.
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea 30 Nay 4 (03/03/2021)
Judiciary Committee 2021HB-05429-R010710-BA.DOCX
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Joint Favorable
Yea 26 Nay 11 (04/20/2021)
Finance, Revenue and Bonding Committee
Joint Favorable
Yea 41 Nay 8 (05/03/2021)