Connecticut 2021 Regular Session

Connecticut House Bill HB05429 Compare Versions

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7+General Assembly Substitute Bill No. 5429
8+January Session, 2021
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6-Public Act No. 21-28
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9-AN ACT CONCERNING PEDESTRIAN SAFETY, THE VISION ZERO
10-COUNCIL, SPEED LIMITS IN MUNICIPALITIES, FINES AND
11-CHARGES FOR CERTAIN VIOLATIONS AND THE GREENWAYS
12-COMMEMORATIVE ACCOUNT.
14+AN ACT CONCERNING PE DESTRIAN SAFETY, VISION ZERO
15+COUNCIL, SPEED LIMITS IN MUNICIPALITIES, FINES AND CHARGES
16+FOR CERTAIN VIOLATIONS, THE GREENWAYS COMMEMORATIVE
17+ACCOUNT AND MAINTENA NCE WORK ZONE AND SC HOOL ZONE
18+SAFETY ENFORCEMENT.
1319 Be it enacted by the Senate and House of Representatives in General
1420 Assembly convened:
1521
16-Section 1. Subsection (c) of section 14-300 of the general statutes is
17-repealed and the following is substituted in lieu thereof (Effective October
18-1, 2021):
19-(c) Except as provided in subsection (c) of section 14-300c, at any
20-crosswalk marked as provided in subsection (a) of this section or any
21-unmarked crosswalk, provided such crosswalks are not controlled by
22-police officers or traffic control signals, each operator of a vehicle shall
23-grant the right-of-way, and slow or stop such vehicle if necessary to so
24-grant the right-of-way, to any pedestrian crossing the roadway within
25-such crosswalk. [, provided such pedestrian steps off the curb or into the
26-crosswalk at the entrance to a crosswalk or is within that half of the
27-roadway upon which such operator of a vehicle is traveling, or such
28-pedestrian steps off the curb or into the crosswalk at the entrance to a
29-crosswalk or is crossing the roadway within such crosswalk from that
30-half of the roadway upon which such operator is not traveling.] For the
31-purposes of this subsection, a pedestrian is "crossing the roadway Substitute House Bill No. 5429
22+Section 1. Subsection (c) of section 14-300 of the general statutes is 1
23+repealed and the following is substituted in lieu thereof (Effective October 2
24+1, 2021): 3
25+(c) Except as provided in subsection (c) of section 14-300c, at any 4
26+crosswalk marked as provided in subsection (a) of this section or any 5
27+unmarked crosswalk, provided such crosswalks are not controlled by 6
28+police officers or traffic control signals, each operator of a vehicle shall 7
29+grant the right-of-way, and slow or stop such vehicle if necessary to so 8
30+grant the right-of-way, to any pedestrian crossing the roadway within 9
31+such crosswalk. [, provided such pedestrian steps off the curb or into the 10
32+crosswalk at the entrance to a crosswalk or is within that half of the 11
33+roadway upon which such operator of a vehicle is traveling, or such 12
34+pedestrian steps off the curb or into the crosswalk at the entrance to a 13
35+crosswalk or is crossing the roadway within such crosswalk from that 14
36+half of the roadway upon which such operator is not traveling.] For the 15
37+purposes of this subsection, a pedestrian is "crossing the roadway 16 Substitute Bill No. 5429
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35-within such crosswalk" when the pedestrian (1) is within any portion of
36-the crosswalk, (2) steps to the curb at the entrance to the crosswalk and
37-indicates his or her intent to cross the roadway by raising his or her hand
38-and arm toward oncoming traffic, or (3) indicates his or her intent to
39-cross the roadway by moving any part of his or her body or an extension
40-thereof, including, but not limited to, a wheelchair, cane, walking stick,
41-crutch, bicycle, electric bicycle, stroller, carriage, cart or leashed or
42-harnessed dog, into the crosswalk at the entrance to the crosswalk. No
43-operator of a vehicle approaching from the rear shall overtake and pass
44-any vehicle, the operator of which has stopped at any crosswalk marked
45-as provided in subsection (a) of this section or any unmarked crosswalk
46-to permit a pedestrian to cross the roadway. The operator of any vehicle
47-crossing a sidewalk shall yield the right-of-way to each pedestrian and
48-all other traffic upon such sidewalk.
49-Sec. 2. (Effective from passage) (a) There is established a Vision Zero
50-Council to develop a state-wide policy and interagency approach to
51-eliminate all transportation-related fatalities and severe injuries to
52-pedestrians, bicyclists, transit users, motorists and passengers. The
53-council shall consider ways to improve safety across all modes of
54-transportation by using data, new partnerships, safe planning and
55-community-based solutions to achieve the goal of zero transportation-
56-related fatalities.
57-(b) The council shall consist of the Commissioners of Transportation,
58-Public Health and Emergency Services and Public Protection, or their
59-designees, and any other commissioner of a state agency, or such
60-commissioner's designee, invited to participate by the Commissioners
61-of Transportation, Public Health and Emergency Services and Public
62-Protection. The Commissioner of Transportation or the commissioner's
63-designee shall serve as chairperson of the council and shall schedule the
64-first meeting of the council not later than September 1, 2021. The
65-Department of Transportation shall serve as administrative staff of the Substitute House Bill No. 5429
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44+within such crosswalk" when the pedestrian (1) is within any portion of 17
45+the crosswalk, (2) steps to the curb at the entrance to the crosswalk and 18
46+indicates his or her intent to cross the roadway by raising his or her hand 19
47+and arm toward oncoming traffic, or (3) indicates his or her intent to 20
48+cross the roadway by moving any part of his or her body or an extension 21
49+thereof, including, but not limited to, a wheelchair, cane, walking stick, 22
50+crutch, bicycle, electric bicycle, stroller, carriage, cart or leashed or 23
51+harnessed dog, into the crosswalk at the entrance to the crosswalk. No 24
52+operator of a vehicle approaching from the rear shall overtake and pass 25
53+any vehicle, the operator of which has stopped at any crosswalk marked 26
54+as provided in subsection (a) of this section or any unmarked crosswalk 27
55+to permit a pedestrian to cross the roadway. The operator of any vehicle 28
56+crossing a sidewalk shall yield the right-of-way to each pedestrian and 29
57+all other traffic upon such sidewalk. 30
58+Sec. 2. (Effective from passage) (a) There is established a Vision Zero 31
59+Council to develop a state-wide policy and interagency approach to 32
60+eliminate all transportation-related fatalities and severe injuries to 33
61+pedestrians, bicyclists, transit users, motorists and passengers. The 34
62+council shall consider ways to improve safety across all modes of 35
63+transportation by using data, new partnerships, safe planning and 36
64+community-based solutions to achieve the goal of zero transportation-37
65+related fatalities. 38
66+(b) The council shall consist of the Commissioners of Transportation, 39
67+Motor Vehicles and Energy and Environmental Protection, or their 40
68+designees, and any other commissioner of a state agency, or such 41
69+commissioner's designee, invited to participate by the Commissioners 42
70+of Transportation, Motor Vehicles and Energy and Environmental 43
71+Protection. The Commissioner of Transportation or the commissioner's 44
72+designee shall serve as chairperson of the council and shall schedule the 45
73+first meeting of the council not later than September 1, 2021. The 46
74+Department of Transportation shall serve as administrative staff of the 47
75+council. 48
76+(c) On or before February 1, 2022, and annually thereafter, the council 49 Substitute Bill No. 5429
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69-council.
70-(c) The council may establish committees at any time to advise the
71-council in carrying out its duties.
72-(d) The council shall assist in the development of any public
73-awareness campaign undertaken by the Department of Transportation
74-to educate the public concerning ways to reduce transportation-related
75-fatalities and severe injuries to pedestrians, bicyclists, transit users,
76-motorists and passengers, and to increase awareness and improve
77-behaviors of all users of the highways of this state.
78-(e) On or before February 1, 2022, and annually thereafter, the council
79-shall submit the state-wide policy and interagency approach and any
80-other recommendations to the joint standing committee of the General
81-Assembly having cognizance of matters relating to transportation, in
82-accordance with the provisions of section 11-4a of the general statutes.
83-Sec. 3. Subsection (d) of section 14-311 of the general statutes is
84-repealed and the following is substituted in lieu thereof (Effective October
85-1, 2021):
86-(d) In determining the advisability of such certification, the Office of
87-the State Traffic Administration shall include, in its consideration,
88-highway safety, bicycle and pedestrian access and safety, the width and
89-character of the highways affected, the density of traffic thereon, the
90-character of such traffic and the opinion and findings of the traffic
91-authority of the municipality wherein the development is located. The
92-[Office of the State Traffic Administration] office may require
93-improvements to be made by the applicant to the extent that such
94-improvements address impacts to highway safety or bicycle and
95-pedestrian access and safety created by the addition of the applicant's
96-proposed development or activity. If the [Office of the State Traffic
97-Administration] office determines that such improvements, including Substitute House Bill No. 5429
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101-traffic signals, pavement markings, channelization, pavement widening
102-or other changes or traffic control devices, are required to handle traffic
103-safely and efficiently, one hundred per cent of the cost thereof shall be
104-borne by the person building, establishing or operating such open air
105-theater, shopping center or other development generating large
106-volumes of traffic, except that such cost shall not be borne by any
107-municipal agency. The Commissioner of Transportation may issue a
108-permit to said person to construct or install the changes required by the
109-[Office of the State Traffic Administration] office.
110-Sec. 4. (NEW) (Effective October 1, 2021) (a) For the purposes of this
111-section, "moving traffic" includes, but is not limited to, a motor vehicle,
112-bicycle, electric bicycle or electric foot scooter using a highway for the
113-purpose of travel and a pedestrian or a person riding a bicycle, electric
114-bicycle or electric foot scooter on a sidewalk, shoulder or bikeway for
115-the purpose of travel, and "bikeway" has the same meaning as provided
116-in subsection (a) of section 13a-153f of the general statutes.
117-(b) No person shall open the door of a motor vehicle in such a manner
118-as to cause physical contact with moving traffic with such door,
119-provided moving traffic is traveling at a reasonable rate of speed and
120-with due regard for the safety of all persons and property.
121-(c) No person shall leave the door of a motor vehicle open for a period
122-of time longer than necessary to load or unload passengers and in such
123-a manner as to cause physical contact with moving traffic with such
124-door.
125-(d) Any person who violates any provision of this section shall have
126-committed an infraction.
127-Sec. 5. Subsection (d) of section 51-56a of the general statutes is
128-repealed and the following is substituted in lieu thereof (Effective October
129-1, 2021): Substitute House Bill No. 5429
83+shall submit the state-wide policy and interagency approach and any 50
84+other recommendations to the joint standing committee of the General 51
85+Assembly having cognizance of matters relating to transportation, in 52
86+accordance with the provisions of section 11-4a of the general statutes. 53
87+Sec. 3. Subsection (d) of section 14-311 of the general statutes is 54
88+repealed and the following is substituted in lieu thereof (Effective October 55
89+1, 2021): 56
90+(d) In determining the advisability of such certification, the Office of 57
91+the State Traffic Administration shall include, in its consideration, 58
92+highway safety, bicycle and pedestrian access and safety, the width and 59
93+character of the highways affected, the density of traffic thereon, the 60
94+character of such traffic and the opinion and findings of the traffic 61
95+authority of the municipality wherein the development is located. The 62
96+Office of the State Traffic Administration may require improvements to 63
97+be made by the applicant to the extent that such improvements address 64
98+impacts to highway safety or bicycle and pedestrian access and safety 65
99+created by the addition of the applicant's proposed development or 66
100+activity. If the Office of the State Traffic Administration determines that 67
101+such improvements, including traffic signals, pavement markings, 68
102+channelization, pavement widening or other changes or traffic control 69
103+devices, are required to handle traffic safely and efficiently, one 70
104+hundred per cent of the cost thereof shall be borne by the person 71
105+building, establishing or operating such open air theater, shopping 72
106+center or other development generating large volumes of traffic, except 73
107+that such cost shall not be borne by any municipal agency. The 74
108+Commissioner of Transportation may issue a permit to said person to 75
109+construct or install the changes required by the Office of the State Traffic 76
110+Administration. 77
111+Sec. 4. (NEW) (Effective October 1, 2021) (a) For the purposes of this 78
112+section, "moving traffic" includes, but is not limited to, a motor vehicle, 79
113+bicycle, electric bicycle or electric foot scooter using a highway for the 80
114+purpose of travel and a pedestrian or a person riding a bicycle, electric 81
115+bicycle or electric foot scooter on a sidewalk, shoulder or bikeway for 82 Substitute Bill No. 5429
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133-(d) Each person who pays in any sum as a fine or forfeiture for any
134-violation of sections 14-218a, as amended by this act, 14-219, as amended
135-by this act, 14-222, as amended by this act, 14-223, 14-227a, 14-227m, 14-
136-227n, sections 14-230 to 14-240, inclusive, sections 14-241 to 14-249,
137-inclusive, section 14-279 for the first offense, sections 14-289b, 14-299,
138-14-300, as amended by this act, 14-300d, sections 14-301 to 14-303,
139-inclusive, section 4 of this act, or any regulation adopted under said
140-sections or ordinance enacted in accordance with said sections shall pay
141-an additional fee of [twenty] twenty-five dollars. The state shall remit to
142-the municipalities in which the violations occurred the amounts paid
143-under this subsection. Each clerk of the Superior Court or the Chief
144-Court Administrator, or any other official of the Superior Court
145-designated by the Chief Court Administrator, on or before the thirtieth
146-day of January, April, July and October in each year, shall certify to the
147-Comptroller the amount due for the previous quarter under this
148-subsection to each municipality served by the office of the clerk or
149-official.
150-Sec. 6. Section 14-218a of the general statutes is repealed and the
151-following is substituted in lieu thereof (Effective October 1, 2021):
152-(a) (1) No person shall operate a motor vehicle upon any public
153-highway of the state, or road of any specially chartered municipal
154-association or any district organized under the provisions of chapter
155-105, a purpose of which is the construction and maintenance of roads
156-and sidewalks, or on any parking area as defined in section 14-212, or
157-upon a private road on which a speed limit has been established in
158-accordance with this subsection, or upon any school property, at a rate
159-of speed greater than is reasonable, having regard to the width, traffic
160-and use of highway, road or parking area, the intersection of streets and
161-weather conditions.
162-(2) The Office of the State Traffic Administration may determine
163-speed limits which are reasonable and safe on any state highway, bridge Substitute House Bill No. 5429
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122+the purpose of travel, and "bikeway" has the same meaning as provided 83
123+in subsection (a) of section 13a-153f of the general statutes. 84
124+(b) No person shall open the door of a motor vehicle in such a manner 85
125+as to cause physical contact with moving traffic with such door. 86
126+(c) No person shall leave the door of a motor vehicle open for a period 87
127+of time longer than necessary to load or unload passengers and in such 88
128+a manner as to cause physical contact with moving traffic with such 89
129+door. 90
130+(d) Any person who violates any provision of this section shall have 91
131+committed an infraction. 92
132+Sec. 5. Section 51-56a of the general statutes is repealed and the 93
133+following is substituted in lieu thereof (Effective October 1, 2021): 94
134+(a) Each clerk of the Supreme Court and Superior Court shall account 95
135+for and pay or deposit all fees, fines, forfeitures and contributions made 96
136+to the Criminal Injuries Compensation Fund and the proceeds of 97
137+judgments of such clerk's office in the manner provided by section 4-32. 98
138+If any such clerk fails to so account and pay or deposit, such failure shall 99
139+be reported by the Treasurer to the Chief Court Administrator who may 100
140+thereupon remove the clerk. When any such clerk dies before so 101
141+accounting and paying or depositing, the Treasurer shall require the 102
142+executor of such clerk's will or administrator of such clerk's estate to so 103
143+account. If any such clerk is removed from office, the Treasurer shall 104
144+require such clerk to account for any money of the state remaining in 105
145+such clerk's hands at the time of such removal and, if such clerk neglects 106
146+to so account, the Treasurer shall certify the neglect to the Chief Court 107
147+Administrator. 108
148+(b) (1) The state shall remit to the municipalities in which the 109
149+violations occurred all amounts received in respect to the violation of 110
150+subdivision (2) of subsection (a) of section 14-12, sections 14-251, 14-252, 111
151+14-253a and 14-305 to 14-308, inclusive, or any regulation adopted 112
152+thereunder or ordinance enacted in accordance therewith, and (2) in the 113 Substitute Bill No. 5429
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167-or parkway built or maintained by the state, and differing limits may be
168-established for different types of vehicles, and may erect or cause to be
169-erected signs indicating such speed limits. [The]
170-(3) Except as provided in subsection (c) of this section and section 7
171-of this act, the traffic authority of any town, city or borough may
172-establish speed limits on streets, highways and bridges or in any
173-parking area for ten cars or more or on any private road wholly within
174-the municipality under its jurisdiction; provided such limit on streets,
175-highways, bridges and parking areas for ten cars or more shall become
176-effective only after application for approval thereof has been submitted
177-in writing to the Office of the State Traffic Administration and a
178-certificate of such approval has been forwarded by the office to the
179-traffic authority; and provided such signs giving notice of such speed
180-limits shall have been erected as the [Office of the State Traffic
181-Administration] office directs, provided the erection of such signs on
182-any private road shall be at the expense of the owner of such road. The
183-presence of such signs adjacent to or on the highway or parking area for
184-ten cars or more shall be prima facie evidence that they have been so
185-placed under the direction of and with the approval of the [Office of the
186-State Traffic Administration] office. Approval of such speed limits may
187-be revoked by the [Office of the State Traffic Administration] office at
188-any time if said office deems such revocation to be in the interest of
189-public safety and welfare, and thereupon such speed limits shall cease
190-to be effective and any signs that have been erected shall be removed.
191-(4) Any speed in excess of [such limits] a speed limit established in
192-accordance with this section or section 7 of this act, other than speeding
193-as provided for in section 14-219, as amended by this act, shall be prima
194-facie evidence that such speed is not reasonable, but the fact that the
195-speed of a vehicle is lower than such [limits] speed limit shall not relieve
196-the operator from the duty to decrease speed when a special hazard
197-exists with respect to pedestrians or other traffic or by reason of weather Substitute House Bill No. 5429
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201-or highway conditions.
202-(b) The Office of the State Traffic Administration shall establish a
203-speed limit of sixty-five miles per hour on any multiple lane, limited
204-access highways that are suitable for a speed limit of sixty-five miles per
205-hour, taking into consideration relevant factors including design,
206-population of area and traffic flow.
207-(c) (1) The traffic authority of any town, city or borough may
208-establish, modify and maintain speed limits on streets, highways and
209-bridges or in any parking area for ten cars or more or on any private
210-road wholly within the municipality under its jurisdiction without
211-approval from the Office of the State Traffic Administration, provided:
212-(A) The municipality, by vote of its legislative body, or in the case of
213-a municipality in which the legislative body is a town meeting, its board
214-of selectmen, permits the traffic authority to assume responsibility and
215-authority for the establishment, modification and maintenance of the
216-speed limits on all streets, highways and bridges and in parking areas
217-for ten cars or more or on any private road wholly within the
218-municipality under its jurisdiction. Such permission is not required if
219-such legislative body or board of selectmen is also the traffic authority;
220-(B) The traffic authority notifies the office in writing that the traffic
221-authority is permitted under subparagraph (A) of this subdivision and
222-intends to assume such responsibility and authority;
223-(C) The traffic authority establishes, modifies and maintains the
224-speed limits on all streets, highways and bridges and in parking areas
225-for ten cars or more or on any private road wholly within the
226-municipality under its jurisdiction;
227-(D) The traffic authority conducts an engineering study described in
228-subdivision (3) of this subsection; and Substitute House Bill No. 5429
159+case of the municipalities ranked one to eight, inclusive, when all 114
160+municipalities are ranked from highest to lowest in population, based 115
161+on the most recent federal decennial census, the state shall remit to the 116
162+municipality in which the violations occurred fifty per cent of the fine 117
163+amounts received in respect to the violation of section 14-250b, or any 118
164+ordinance enacted in accordance therewith. Each clerk of the Superior 119
165+Court or the Chief Court Administrator, or any other official of the 120
166+Superior Court designated by the Chief Court Administrator, shall, on 121
167+or before the thirtieth day of January, April, July and October in each 122
168+year, certify to the Comptroller the amount due for the previous quarter 123
169+under this subsection to each municipality served by the office of the 124
170+clerk or official, provided prior to the institution of court proceedings, a 125
171+city, town or borough shall have the authority to collect and retain all 126
172+proceeds from parking violations committed within the jurisdiction of 127
173+such city, town or borough. 128
174+(c) For the purpose of providing additional funds for municipal and 129
175+state police training, each person who pays in any sum as (1) a fine or 130
176+forfeiture for any violation of section 14-12, 14-215, 14-219, as amended 131
177+by this act, 14-222, as amended by this act, 14-224, 14-225, 14-227a, 14-132
178+227m, 14-227n, 14-266, 14-267a, 14-269 or 14-283, as amended by this act, 133
179+or (2) a fine or forfeiture for any infraction, shall pay an additional fee 134
180+of one dollar for each eight dollars or fraction thereof of the amount such 135
181+person is required to pay, except if such payment is made for violation 136
182+of such a section which is deemed to be an infraction, such additional 137
183+fee shall be only on the first eighty-eight dollars of such fine or 138
184+forfeiture. Such additional fee charged shall be deposited in the General 139
185+Fund. 140
186+(d) Each person who pays in any sum as a fine or forfeiture for any 141
187+violation of sections 14-218a, as amended by this act, 14-219, as amended 142
188+by this act, 14-222, as amended by this act, 14-223, 14-227a, 14-227m, 14-143
189+227n, sections 14-230 to 14-240, inclusive, sections 14-241 to 14-249, 144
190+inclusive, section 14-279 for the first offense, sections 14-289b, 14-299, 145
191+14-300, as amended by this act, 14-300d, sections 14-301 to 14-303, 146 Substitute Bill No. 5429
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232-(E) The traffic authority notifies the office of each change to a speed
233-limit on such street, highway, bridge and parking area wholly within
234-the municipality under its jurisdiction so the office may maintain a state-
235-wide inventory of speed limits. Any speed limit approved by the office
236-pursuant to the provisions of subsection (a) of this section shall remain
237-in effect until modified by a traffic authority.
238-(2) (A) The traffic authority shall not establish or reduce a speed limit
239-lower than twenty-five miles per hour unless (i) the speed limit is in a
240-pedestrian safety zone pursuant to section 7 of this act, or (ii) the
241-engineering study described in subdivision (3) of this subsection finds
242-that a speed limit lower than twenty-five miles per hour is reasonable.
243-(B) The traffic authority shall not reduce a speed limit by more than
244-ten miles per hour without approval from the municipality, by vote of
245-its legislative body, or in the case of a municipality in which the
246-legislative body is a town meeting, its board of selectmen, if such
247-legislative body or board of selectmen is not also the traffic authority.
248-(C) If the traffic authority reduces a speed limit by more than ten
249-miles per hour, the traffic authority shall erect reduced speed limit
250-ahead signs in accordance with the standards contained in the Federal
251-Highway Administrations Manual on Uniform Traffic Control Devices
252-for Streets and Highways, as amended from time to time.
253-(D) On any street or highway that runs into an adjoining
254-municipality, a traffic authority shall not reduce the speed limit within
255-one thousand feet of the boundary of the adjoining municipality by
256-more than ten miles per hour from the speed limit on such road in the
257-adjoining municipality without (i) approval of the adjoining
258-municipality, by vote of its legislative body, or in the case of a
259-municipality in which the legislative body is a town meeting, its board
260-of selectmen, and (ii) the approval required under subparagraph (B) of
261-this subdivision. Substitute House Bill No. 5429
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198+inclusive, section 4 of this act or any regulation adopted under said 147
199+sections or ordinance enacted in accordance with said sections shall pay 148
200+an additional fee of [twenty] twenty-five dollars. The state shall remit to 149
201+the municipalities in which the violations occurred the amounts paid 150
202+under this subsection. Each clerk of the Superior Court or the Chief 151
203+Court Administrator, or any other official of the Superior Court 152
204+designated by the Chief Court Administrator, on or before the thirtieth 153
205+day of January, April, July and October in each year, shall certify to the 154
206+Comptroller the amount due for the previous quarter under this 155
207+subsection to each municipality served by the office of the clerk or 156
208+official. 157
209+(e) The state shall remit to the municipalities in which the violation 158
210+occurred all fine amounts received in respect to the violation of section 159
211+14-279 after crediting twelve per cent of such fine amounts to the Special 160
212+Transportation Fund established under section 13b-68 and crediting 161
213+eight per cent of such fine amounts to the General Fund. Each clerk of 162
214+the Superior Court or the Chief Court Administrator, or any other 163
215+official of the Superior Court designated by the Chief Court 164
216+Administrator, shall, on or before the thirtieth day of January, April, July 165
217+and October in each year, certify to the Comptroller the amount due for 166
218+the previous quarter under this subsection to each municipality served 167
219+by the office of the clerk or official. 168
220+(f) The state shall remit to the municipalities in which the violation 169
221+occurred all amounts received in respect to the violation of subdivisions 170
222+(2) and (3) of subsection (b) of section 22 of this act for the purpose of 171
223+improving traffic safety within such municipality, after depositing ten 172
224+dollars received from each such violation into an account controlled by 173
225+the Department of Transportation to be used for the cost of the public 174
226+awareness campaign implemented by the Commissioner of 175
227+Transportation pursuant to section 17 of this section. Each clerk of the 176
228+Superior Court or the Chief Court Administrator, or any other official of 177
229+the Superior Court designated by the Chief Court Administrator, shall, 178
230+on or before the thirtieth day of January, April, July and October in each 179 Substitute Bill No. 5429
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265-(E) If a traffic authority reduces the speed limit on any street or
266-highway that runs into an adjoining municipality between one
267-thousand feet and one mile of the boundary of the adjoining
268-municipality by more than ten miles per hour from the speed limit on
269-such road in the adjoining municipality, the traffic authority shall
270-provide written notice of the reduced speed limit to the adjoining
271-municipality.
272-(3) Prior to establishing or modifying a speed limit pursuant to the
273-provisions of subdivision (1) of this subsection, the traffic authority shall
274-conduct an engineering study in accordance with the Federal Highway
275-Administration's Manual on Uniform Traffic Control Devices for Streets
276-and Highways, as amended from time to time, and other generally
277-accepted engineering principles and guidance. The study shall be
278-completed by a professional engineer licensed to practice in this state
279-and shall consider factors, including, but not limited to, pedestrian
280-activity, type of land use and development, parking and the record of
281-traffic accidents in the jurisdiction of the traffic authority.
282-(4) The Office of the State Traffic Administration may adopt
283-regulations, in accordance with the provisions of chapter 54, to
284-implement the provisions of this subsection.
285-[(c)] (d) Any person who operates a motor vehicle at a greater rate of
286-speed than is reasonable, other than speeding, as provided for in section
287-14-219, as amended by this act, shall commit the infraction of traveling
288-unreasonably fast.
289-Sec. 7. (NEW) (Effective October 1, 2021) (a) The traffic authority of any
290-town, city or borough may establish a pedestrian safety zone on any
291-street, highway and bridge or in any parking area for ten cars or more
292-or on any private road wholly within the municipality under its
293-jurisdiction without approval from the Office of the State Traffic
294-Administration, provided: (1) The municipality, by vote of its legislative Substitute House Bill No. 5429
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298-body, or in the case of a municipality in which the legislative body is a
299-town meeting, its board of selectmen, grants general authority to the
300-traffic authority to establish pedestrian safety zones within the
301-municipality. Such general authority is not required if such legislative
302-body or board of selectmen is also the traffic authority; (2) the traffic
303-authority conducts an engineering study described in subsection (b) of
304-this section; (3) the posted speed limit for such zone is not less than
305-twenty miles per hour; (4) such zone encompasses a clearly defined
306-downtown district or community center frequented by pedestrians or is
307-adjacent to hospital property or, in the opinion of the traffic authority,
308-is sufficiently close to hospital property as to constitute a risk to the
309-public safety; and (5) the traffic authority satisfies the requirements of
310-subparagraphs (C) to (E), inclusive, of subdivision (2) of section 14-218a
311-of the general statutes, as amended by this act, if applicable.
312-(b) Prior to establishing a pedestrian safety zone, the traffic authority
313-shall conduct an engineering study in accordance with the Federal
314-Highway Administration's Manual on Uniform Traffic Control Devices
315-for Streets and Highways, as amended from time to time, and other
316-generally accepted engineering principles and guidance. The study shall
317-be completed by a professional engineer licensed to practice in this state
318-and shall consider factors, including, but not limited to, pedestrian
319-activity, type of land use and development, parking and the record of
320-traffic crashes in the area under consideration to be a pedestrian safety
321-zone. If the study recommends the establishment of a pedestrian safety
322-zone, the study shall also include a speed management plan and
323-recommend actions to achieve lower motor vehicle speeds.
324-(c) In a municipality where the Office of the State Traffic
325-Administration approves speed limits on the streets, highways and
326-bridges or in any parking area for ten cars or more or on any private
327-road wholly within the municipality in accordance with section 14-218a
328-of the general statutes, as amended by this act, the traffic authority shall Substitute House Bill No. 5429
237+year, certify to the Comptroller the amount due for the previous quarter 180
238+under this subsection to each municipality served by the office of the 181
239+clerk or official. 182
240+Sec. 6. Section 14-218a of the general statutes is repealed and the 183
241+following is substituted in lieu thereof (Effective July 1, 2021): 184
242+(a) No person shall operate a motor vehicle upon any public highway 185
243+of the state, or road of any specially chartered municipal association or 186
244+any district organized under the provisions of chapter 105, a purpose of 187
245+which is the construction and maintenance of roads and sidewalks, or 188
246+on any parking area as defined in section 14-212, or upon a private road 189
247+on which a speed limit has been established in accordance with this 190
248+subsection, or upon any school property, at a rate of speed greater than 191
249+is reasonable, having regard to the width, traffic and use of highway, 192
250+road or parking area, the intersection of streets and weather conditions. 193
251+The Office of the State Traffic Administration may determine speed 194
252+limits which are reasonable and safe on any state highway, bridge or 195
253+parkway built or maintained by the state, and differing limits may be 196
254+established for different types of vehicles, and may erect or cause to be 197
255+erected signs indicating such speed limits. [The] Except as provided in 198
256+subsection (c) of this section and section 7 of this act, the traffic authority 199
257+of any town, city or borough may establish speed limits on streets, 200
258+highways and bridges or in any parking area for ten cars or more or on 201
259+any private road wholly within the municipality under its jurisdiction; 202
260+provided such limit on streets, highways, bridges and parking areas for 203
261+ten cars or more shall become effective only after application for 204
262+approval thereof has been submitted in writing to the Office of the State 205
263+Traffic Administration and a certificate of such approval has been 206
264+forwarded by the office to the traffic authority; and provided such signs 207
265+giving notice of such speed limits shall have been erected as the Office 208
266+of the State Traffic Administration directs, provided the erection of such 209
267+signs on any private road shall be at the expense of the owner of such 210
268+road. The presence of such signs adjacent to or on the highway or 211
269+parking area for ten cars or more shall be prima facie evidence that they 212 Substitute Bill No. 5429
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332-notify the office in writing of the establishment of any pedestrian safety
333-zone and confirm that the requirements of this section have been
334-satisfied.
335-(d) If the Commissioner of Transportation or a traffic authority of any
336-town, city or borough seeks to establish a pedestrian safety zone on a
337-state highway that passes through a downtown or community center,
338-the commissioner or traffic authority shall submit a written request to
339-the Office of State Traffic Administration and include with such request
340-the engineering study and speed management plan conducted pursuant
341-to subsection (b) of this section. The office shall be the sole authority for
342-establishing a pedestrian safety zone on a state highway and shall
343-provide a written explanation of the reasons for denying any such
344-request.
345-(e) The Office of the State Traffic Administration may adopt
346-regulations, in accordance with the provisions of chapter 54 of the
347-general statutes, to implement the provisions of this section.
348-Sec. 8. Subsection (a) of section 14-36 of the general statutes is
349-repealed and the following is substituted in lieu thereof (Effective October
350-1, 2021):
351-(a) Except as otherwise provided by this section and section 14-40a,
352-no person shall operate a motor vehicle on any public highway of this
353-state or private road on which a speed limit has been established in
354-accordance with [subsection (a) of] section 14-218a, as amended by this
355-act, or section 7 of this act, until such person has obtained a motor
356-vehicle operator's license.
357-Sec. 9. Subsections (a) and (b) of section 14-219 of the general statutes
358-are repealed and the following is substituted in lieu thereof (Effective
359-October 1, 2021):
360-(a) No person shall operate any motor vehicle (1) upon any highway, Substitute House Bill No. 5429
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276+have been so placed under the direction of and with the approval of the 213
277+Office of the State Traffic Administration. Approval of such speed limits 214
278+may be revoked by the Office of the State Traffic Administration at any 215
279+time if said office deems such revocation to be in the interest of public 216
280+safety and welfare, and thereupon such speed limits shall cease to be 217
281+effective and any signs that have been erected shall be removed. Any 218
282+speed in excess of [such limits] a speed limit established in accordance 219
283+with this section or section 7 of this act, other than speeding as provided 220
284+for in section 14-219, as amended by this act, shall be prima facie 221
285+evidence that such speed is not reasonable, but the fact that the speed of 222
286+a vehicle is lower than such [limits] speed limit shall not relieve the 223
287+operator from the duty to decrease speed when a special hazard exists 224
288+with respect to pedestrians or other traffic or by reason of weather or 225
289+highway conditions. 226
290+(b) The Office of the State Traffic Administration shall establish a 227
291+speed limit of sixty-five miles per hour on any multiple lane, limited 228
292+access highways that are suitable for a speed limit of sixty-five miles per 229
293+hour, taking into consideration relevant factors including design, 230
294+population of area and traffic flow. 231
295+(c) (1) The traffic authority of any town, city or borough may establish 232
296+or modify speed limits on streets, highways and bridges or in any 233
297+parking area for ten cars or more or on any private road wholly within 234
298+the municipality under its jurisdiction without approval from the Office 235
299+of the State Traffic Administration, provided the traffic authority (A) 236
300+establishes, modifies and maintains the speed limits on all streets, 237
301+highways and bridges and in parking areas for ten cars or more or on 238
302+any private road wholly within the municipality under its jurisdiction, 239
303+(B) conducts an engineering study described in subdivision (2) of this 240
304+subsection, (C) notifies the office in writing of the intention of the traffic 241
305+authority to assume responsibility and authority for establishing speed 242
306+limits on all streets, highways and bridges and in parking areas for ten 243
307+cars or more or on any private road wholly within the municipality 244
308+under its jurisdiction, and (D) notifies the Department of Transportation 245 Substitute Bill No. 5429
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364-road or any parking area for ten cars or more, at such a rate of speed as
365-to endanger the life of any occupant of such motor vehicle, but not the
366-life of any other person than such an occupant; (2) at a rate of speed
367-greater than fifty-five miles per hour upon any highway other than a
368-highway specified in subsection (b) of section 14-218a, as amended by
369-this act, for which a speed limit has been established in accordance with
370-the provisions of said subsection; (3) at a rate of speed greater than sixty-
371-five miles per hour upon any highway specified in subsection (b) of
372-section 14-218a, as amended by this act, for which a speed limit has been
373-established in accordance with the provisions of said subsection; or (4)
374-if such person is under eighteen years of age, upon any highway or road
375-for which a speed limit of less than sixty-five miles per hour has been
376-established in accordance with [subsection (a) of] section 14-218a, as
377-amended by this act, or section 7 of this act, at a rate of speed more than
378-twenty miles per hour above such speed limit.
379-(b) Any person who operates a motor vehicle (1) on a multiple lane,
380-limited access highway other than a highway specified in subsection (b)
381-of section 14-218a, as amended by this act, for which a speed limit has
382-been established in accordance with the provisions of said subsection at
383-a rate of speed greater than fifty-five miles per hour but not greater than
384-seventy miles per hour, (2) on a multiple lane, limited access highway
385-specified in subsection (b) of section 14-218a, as amended by this act, for
386-which a speed limit has been established in accordance with the
387-provisions of said subsection at a rate of speed greater than sixty-five
388-miles per hour but not greater than seventy miles per hour, (3) on any
389-other highway at a rate of speed greater than fifty-five miles per hour
390-but not greater than sixty miles per hour, or (4) if such person is under
391-eighteen years of age, upon any highway or road for which a speed limit
392-of less than sixty-five miles per hour has been established in accordance
393-with [subsection (a) of] section 14-218a, as amended by this act, or
394-section 7 of this act, at a rate of speed more than twenty miles per hour
395-above such speed limit, shall commit an infraction, provided any such Substitute House Bill No. 5429
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399-person operating a truck, as defined in section 14-260n, shall have
400-committed a violation and shall be fined not less than one hundred
401-dollars nor more than one hundred fifty dollars.
402-Sec. 10. Subsection (a) of section 14-222 of the general statutes is
403-repealed and the following is substituted in lieu thereof (Effective October
404-1, 2021):
405-(a) No person shall operate any motor vehicle upon any public
406-highway of the state, or any road of any specially chartered municipal
407-association or of any district organized under the provisions of chapter
408-105, a purpose of which is the construction and maintenance of roads
409-and sidewalks, or in any parking area for ten cars or more or upon any
410-private road on which a speed limit has been established in accordance
411-with the provisions of section 14-218a, as amended by this act, or section
412-7 of this act or upon any school property recklessly, having regard to the
413-width, traffic and use of such highway, road, school property or parking
414-area, the intersection of streets and the weather conditions. The
415-operation of a motor vehicle upon any such highway, road or parking
416-area for ten cars or more at such a rate of speed as to endanger the life
417-of any person other than the operator of such motor vehicle, or the
418-operation, downgrade, upon any highway, of any motor vehicle with a
419-commercial registration with the clutch or gears disengaged, or the
420-operation knowingly of a motor vehicle with defective mechanism, shall
421-constitute a violation of the provisions of this section. The operation of
422-a motor vehicle upon any such highway, road or parking area for ten
423-cars or more at a rate of speed greater than eighty-five miles per hour
424-shall constitute a violation of the provisions of this section.
425-Sec. 11. Subdivision (1) of subsection (b) of section 14-283 of the
426-general statutes is repealed and the following is substituted in lieu
427-thereof (Effective October 1, 2021):
428-(b) (1) The operator of any emergency vehicle may (A) park or stand Substitute House Bill No. 5429
315+of each change to a speed limit on such street, highway, bridge and 246
316+parking area wholly within the municipality under its jurisdiction so the 247
317+department may maintain a state-wide inventory of speed limits. Any 248
318+speed limit approved by the office pursuant to the provisions of 249
319+subsection (a) of this section shall remain in effect until modified by such 250
320+traffic authority. The traffic authority shall not establish or modify a 251
321+speed limit lower than twenty miles per hour unless the speed limit is 252
322+established or modified in a pedestrian safety zone pursuant to section 253
323+7 of this act or the engineering study described in subdivision (2) of this 254
324+subsection indicates that a speed limit lower than twenty-five miles per 255
325+hour is reasonable. 256
326+(2) Prior to establishing or modifying a speed limit pursuant to the 257
327+provisions of subdivision (1) of this subsection, the traffic authority shall 258
328+conduct an engineering study in accordance with the Federal Highway 259
329+Administration's Manual on Uniform Traffic Control Devices for Streets 260
330+and Highways, as amended from time to time, and other generally 261
331+accepted engineering principles and guidance. The study shall be 262
332+completed by a professional engineer licensed to practice in this state 263
333+and shall consider factors, including, but not limited to, pedestrian 264
334+activity, type of land use and development, parking and the record of 265
335+traffic accidents in the jurisdiction of the traffic authority. 266
336+(3) The Office of the State Traffic Administration may adopt 267
337+regulations, in accordance with the provisions of chapter 54, to 268
338+implement the provisions of this subsection. 269
339+[(c)] (d) Any person who operates a motor vehicle at a greater rate of 270
340+speed than is reasonable, other than speeding, as provided for in section 271
341+14-219, as amended by this act, shall commit the infraction of traveling 272
342+unreasonably fast. 273
343+Sec. 7. (NEW) (Effective July 1, 2021) (a) The traffic authority of any 274
344+town, city or borough may establish a pedestrian safety zone on any 275
345+street, highway and bridge or in any parking area for ten cars or more 276
346+or on any private road wholly within the municipality under its 277 Substitute Bill No. 5429
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430-Public Act No. 21-28 14 of 17
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432-such vehicle, irrespective of the provisions of this chapter, (B) except as
433-provided in subdivision (2) of this subsection, proceed past any red light
434-or stop signal or stop sign, but only after slowing down or stopping to
435-the extent necessary for the safe operation of such vehicle, (C) exceed
436-the posted speed limits or other speed limits imposed by or pursuant to
437-section 14-218a, as amended by this act, [or] 14-219, as amended by this
438-act, or section 7 of this act as long as such operator does not endanger
439-life or property by so doing, and (D) disregard statutes, ordinances or
440-regulations governing direction of movement or turning in specific
441-directions.
442-Sec. 12. Section 53a-213 of the general statutes is repealed and the
443-following is substituted in lieu thereof (Effective October 1, 2021):
444-(a) A person is guilty of drinking while operating a motor vehicle
445-when [he] such person drinks any alcoholic liquor while operating a
446-motor vehicle upon a public highway of this state or upon any road of
447-any specially chartered municipal association or of any district
448-organized under the provisions of chapter 105, a purpose of which is the
449-construction and maintenance of roads and sidewalks, or in any parking
450-area for ten cars or more, or upon any private road on which a speed
451-limit has been established in accordance with the provisions of section
452-14-218a, as amended by this act, or section 7 of this act or upon any
453-school property. As used in this section, "alcoholic liquor" has the same
454-meaning as provided in section 30-1.
455-(b) Drinking while operating a motor vehicle is a class C
456-misdemeanor.
457-Sec. 13. Subsection (h) of section 14-296aa of the general statutes is
458-repealed and the following is substituted in lieu thereof (Effective October
459-1, 2021):
460-(h) Any person who violates this section shall be fined [one] two Substitute House Bill No. 5429
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353+jurisdiction, provided (1) the traffic authority conducts an engineering 278
354+study described in subsection (b) of this section, (2) the posted speed 279
355+limit for such zone is not less than fifteen miles per hour, and (3) such 280
356+zone encompasses a clearly defined downtown district or community 281
357+center frequented by pedestrians. 282
358+(b) Prior to establishing a pedestrian safety zone, the traffic authority 283
359+shall conduct an engineering study in accordance with the Federal 284
360+Highway Administration's Manual on Uniform Traffic Control Devices 285
361+for Streets and Highways, as amended from time to time, and other 286
362+generally accepted engineering principles and guidance. The study shall 287
363+be completed by a professional engineer licensed to practice in this state 288
364+and shall consider factors, including, but not limited to, pedestrian 289
365+activity, type of land use and development, parking and the record of 290
366+traffic crashes in the area under consideration to be a pedestrian safety 291
367+zone. If the study recommends the establishment of a pedestrian safety 292
368+zone, the study shall also include a speed management plan and 293
369+recommend actions to achieve lower motor vehicle speeds. 294
370+(c) In a municipality where the Office of the State Traffic 295
371+Administration approves speed limits on the streets, highways and 296
372+bridges or in any parking area for ten cars or more or on any private 297
373+road wholly within the municipality in accordance with section 14-218a 298
374+of the general statutes, as amended by this act, the traffic authority shall 299
375+notify the Office of the State Traffic Administration in writing of the 300
376+establishment of any pedestrian safety zone and confirm that the 301
377+requirements of this section have been satisfied. 302
378+(d) If the Commissioner of Transportation or a traffic authority of any 303
379+town, city or borough seeks to establish a pedestrian safety zone on a 304
380+state highway that passes through a downtown or community center, 305
381+the commissioner or traffic authority shall submit a written request to 306
382+the Office of State Traffic Administration and include with such request 307
383+the engineering study and speed management plan conducted pursuant 308
384+to subsection (b) of this section. The Office of the State Traffic 309
385+Administration shall be the sole authority for establishing a pedestrian 310 Substitute Bill No. 5429
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464-hundred [fifty] dollars for a first violation, three hundred seventy-five
465-dollars for a second violation and [five] six hundred twenty-five dollars
466-for a third or subsequent violation.
467-Sec. 14. Section 14-21i of the general statutes is repealed and the
468-following is substituted in lieu thereof (Effective October 1, 2021):
469-(a) [On and after January 1, 1998, the] The Commissioner of Motor
470-Vehicles shall issue greenways commemorative number plates of a
471-design to enhance public awareness of, [the] and provide funding for,
472-state and local efforts to preserve, restore and protect greenways. The
473-design shall be determined by agreement between the Commissioner of
474-Energy and Environmental Protection and the Commissioner of Motor
475-Vehicles. No use shall be made of such plates except as official
476-registration marker plates.
477-(b) (1) The Commissioner of Motor Vehicles shall [establish, by
478-regulations adopted in accordance with chapter 54, a fee to be charged]
479-charge a fee of fifty dollars for a greenways commemorative number
480-[plates] plate, with letters and numbers selected by the commissioner,
481-in addition to the regular fee or fees prescribed for the registration of a
482-motor vehicle. [The fee shall be for such number plates with letters and
483-numbers selected by the Commissioner of Motor Vehicles. The
484-Commissioner of Motor Vehicles may establish a higher fee for: (1) Such
485-number plates which contain letters in place of numbers as authorized
486-by section 14-49, in addition to the fee or fees prescribed for plates issued
487-under said section; and (2) such number plates which are low number
488-plates, in accordance with section 14-160, in addition to the fee or fees
489-prescribed for plates issued under said section.] The commissioner shall
490-deposit fifteen dollars of such fee into an account controlled by the
491-Department of Motor Vehicles to be used for the cost of producing,
492-issuing, renewing and replacing such commemorative number plates,
493-and thirty-five dollars of such fee into the greenways commemorative
494-account established pursuant to subsection (d) of this section. Substitute House Bill No. 5429
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498-(2) The commissioner shall charge a fee of seventy dollars for a
499-greenways commemorative number plate that (A) contains letters in
500-place of numbers as authorized by section 14-49, or (B) is a low number
501-plate in accordance with section 14-160, in addition to the fee or fees
502-prescribed for plates issued under said sections. The commissioner shall
503-deposit fifteen dollars of such fee into an account controlled by the
504-Department of Motor Vehicles to be used for the cost of producing,
505-issuing, renewing and replacing such commemorative number plates,
506-and fifty-five dollars of such fee into the greenways commemorative
507-account.
508-(c) No additional renewal fee shall be charged for renewal of
509-registration for any motor vehicle bearing greenways commemorative
510-number plates which contain letters in place of numbers, or low number
511-plates, in excess of the renewal fee for greenways commemorative
512-number plates with letters and numbers selected by the Commissioner
513-of Motor Vehicles. No transfer fee shall be charged for transfer of an
514-existing registration to or from a registration with greenways
515-commemorative number plates.
516-(d) There is established an account to be known as the "greenways
517-commemorative account" which shall be a separate, nonlapsing account
518-within the General Fund. The account shall contain any moneys
519-required by law to be deposited in the account. The funds in the account
520-shall be expended by the Commissioner of Energy and Environmental
521-Protection to fund the greenways capital grant program established
522-pursuant to section 23-101 and the bikeway, pedestrian walkway,
523-recreational trail and greenway grant program described in section 23-
524-103.
525-[(d)] (e) The Commissioner of Motor Vehicles [, in consultation with
526-the Commissioner of Energy and Environmental Protection, shall] may
527-adopt regulations, in accordance with the provisions of chapter 54, to
528-establish standards and procedures for the issuance, renewal and Substitute House Bill No. 5429
392+safety zone on a state highway and shall provide a written explanation 311
393+of the reasons for denying any such request. 312
394+(e) The Office of the State Traffic Administration may adopt 313
395+regulations, in accordance with the provisions of chapter 54 of the 314
396+general statutes, to implement the provisions of this section. 315
397+Sec. 8. Subsection (a) of section 14-36 of the general statutes is 316
398+repealed and the following is substituted in lieu thereof (Effective October 317
399+1, 2021): 318
400+(a) Except as otherwise provided by this section and section 14-40a, 319
401+no person shall operate a motor vehicle on any public highway of this 320
402+state or private road on which a speed limit has been established in 321
403+accordance with [subsection (a) of] section 14-218a, as amended by this 322
404+act, or section 7 of this act, until such person has obtained a motor 323
405+vehicle operator's license. 324
406+Sec. 9. Subsections (a) and (b) of section 14-219 of the general statutes 325
407+are repealed and the following is substituted in lieu thereof (Effective 326
408+October 1, 2021): 327
409+(a) No person shall operate any motor vehicle (1) upon any highway, 328
410+road or any parking area for ten cars or more, at such a rate of speed as 329
411+to endanger the life of any occupant of such motor vehicle, but not the 330
412+life of any other person than such an occupant; (2) at a rate of speed 331
413+greater than fifty-five miles per hour upon any highway other than a 332
414+highway specified in subsection (b) of section 14-218a, as amended by 333
415+this act, for which a speed limit has been established in accordance with 334
416+the provisions of said subsection; (3) at a rate of speed greater than sixty-335
417+five miles per hour upon any highway specified in subsection (b) of 336
418+section 14-218a, as amended by this act, for which a speed limit has been 337
419+established in accordance with the provisions of said subsection; or (4) 338
420+if such person is under eighteen years of age, upon any highway or road 339
421+for which a speed limit of less than sixty-five miles per hour has been 340
422+established in accordance with [subsection (a) of] section 14-218a, as 341 Substitute Bill No. 5429
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429+amended by this act, or section 7 of this act, at a rate of speed more than 342
430+twenty miles per hour above such speed limit. 343
431+(b) Any person who operates a motor vehicle (1) on a multiple lane, 344
432+limited access highway other than a highway specified in subsection (b) 345
433+of section 14-218a, as amended by this act, for which a speed limit has 346
434+been established in accordance with the provisions of said subsection at 347
435+a rate of speed greater than fifty-five miles per hour but not greater than 348
436+seventy miles per hour, (2) on a multiple lane, limited access highway 349
437+specified in subsection (b) of section 14-218a, as amended by this act, for 350
438+which a speed limit has been established in accordance with the 351
439+provisions of said subsection at a rate of speed greater than sixty-five 352
440+miles per hour but not greater than seventy miles per hour, (3) on any 353
441+other highway at a rate of speed greater than fifty-five miles per hour 354
442+but not greater than sixty miles per hour, or (4) if such person is under 355
443+eighteen years of age, upon any highway or road for which a speed limit 356
444+of less than sixty-five miles per hour has been established in accordance 357
445+with [subsection (a) of] section 14-218a, as amended by this act, or 358
446+section 7 of this act, at a rate of speed more than twenty miles per hour 359
447+above such speed limit, shall commit an infraction, provided any such 360
448+person operating a truck, as defined in section 14-260n, shall have 361
449+committed a violation and shall be fined not less than one hundred 362
450+dollars nor more than one hundred fifty dollars. 363
451+Sec. 10. Subsection (a) of section 14-222 of the general statutes is 364
452+repealed and the following is substituted in lieu thereof (Effective October 365
453+1, 2021): 366
454+(a) No person shall operate any motor vehicle upon any public 367
455+highway of the state, or any road of any specially chartered municipal 368
456+association or of any district organized under the provisions of chapter 369
457+105, a purpose of which is the construction and maintenance of roads 370
458+and sidewalks, or in any parking area for ten cars or more or upon any 371
459+private road on which a speed limit has been established in accordance 372
460+with the provisions of section 14-218a, as amended by this act, or section 373
461+7 of this act or upon any school property recklessly, having regard to the 374 Substitute Bill No. 5429
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466+13 of 31
467+
468+width, traffic and use of such highway, road, school property or parking 375
469+area, the intersection of streets and the weather conditions. The 376
470+operation of a motor vehicle upon any such highway, road or parking 377
471+area for ten cars or more at such a rate of speed as to endanger the life 378
472+of any person other than the operator of such motor vehicle, or the 379
473+operation, downgrade, upon any highway, of any motor vehicle with a 380
474+commercial registration with the clutch or gears disengaged, or the 381
475+operation knowingly of a motor vehicle with defective mechanism, shall 382
476+constitute a violation of the provisions of this section. The operation of 383
477+a motor vehicle upon any such highway, road or parking area for ten 384
478+cars or more at a rate of speed greater than eighty-five miles per hour 385
479+shall constitute a violation of the provisions of this section. 386
480+Sec. 11. Subdivision (1) of subsection (b) of section 14-283 of the 387
481+general statutes is repealed and the following is substituted in lieu 388
482+thereof (Effective October 1, 2021): 389
483+(b) (1) The operator of any emergency vehicle may (A) park or stand 390
484+such vehicle, irrespective of the provisions of this chapter, (B) except as 391
485+provided in subdivision (2) of this subsection, proceed past any red light 392
486+or stop signal or stop sign, but only after slowing down or stopping to 393
487+the extent necessary for the safe operation of such vehicle, (C) exceed 394
488+the posted speed limits or other speed limits imposed by or pursuant to 395
489+section 14-218a, as amended by this act, [or] 14-219, as amended by this 396
490+act, or section 7 of this act as long as such operator does not endanger 397
491+life or property by so doing, and (D) disregard statutes, ordinances or 398
492+regulations governing direction of movement or turning in specific 399
493+directions. 400
494+Sec. 12. Section 53a-213 of the general statutes is repealed and the 401
495+following is substituted in lieu thereof (Effective October 1, 2021): 402
496+(a) A person is guilty of drinking while operating a motor vehicle 403
497+when [he] such person drinks any alcoholic liquor while operating a 404
498+motor vehicle upon a public highway of this state or upon any road of 405
499+any specially chartered municipal association or of any district 406 Substitute Bill No. 5429
500+
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505+
506+organized under the provisions of chapter 105, a purpose of which is the 407
507+construction and maintenance of roads and sidewalks, or in any parking 408
508+area for ten cars or more, or upon any private road on which a speed 409
509+limit has been established in accordance with the provisions of section 410
510+14-218a, as amended by this act, or section 7 of this act or upon any 411
511+school property. As used in this section, "alcoholic liquor" has the same 412
512+meaning as provided in section 30-1. 413
513+(b) Drinking while operating a motor vehicle is a class C 414
514+misdemeanor. 415
515+Sec. 13. Subsection (h) of section 14-296aa of the general statutes is 416
516+repealed and the following is substituted in lieu thereof (Effective October 417
517+1, 2021): 418
518+(h) Any person who violates this section shall be fined [one] two 419
519+hundred [fifty] dollars for a first violation, three hundred seventy-five 420
520+dollars for a second violation and [five] six hundred twenty-five dollars 421
521+for a third or subsequent violation. 422
522+Sec. 14. Section 14-21i of the general statutes is repealed and the 423
523+following is substituted in lieu thereof (Effective October 1, 2021): 424
524+(a) [On and after January 1, 1998, the] The Commissioner of Motor 425
525+Vehicles shall issue greenways commemorative number plates of a 426
526+design to enhance public awareness of, [the] and provide funding for, 427
527+state and local efforts to preserve, restore and protect greenways. The 428
528+design shall be determined by agreement between the Commissioner of 429
529+Energy and Environmental Protection and the Commissioner of Motor 430
530+Vehicles. No use shall be made of such plates except as official 431
531+registration marker plates. 432
532+(b) (1) The Commissioner of Motor Vehicles shall [establish, by 433
533+regulations adopted in accordance with chapter 54, a fee to be charged] 434
534+charge a fee of fifty dollars for a greenways commemorative number 435
535+[plates] plate, with letters and numbers selected by the commissioner, 436
536+in addition to the regular fee or fees prescribed for the registration of a 437 Substitute Bill No. 5429
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542+
543+motor vehicle. [The fee shall be for such number plates with letters and 438
544+numbers selected by the Commissioner of Motor Vehicles. The 439
545+Commissioner of Motor Vehicles may establish a higher fee for: (1) Such 440
546+number plates which contain letters in place of numbers as authorized 441
547+by section 14-49, in addition to the fee or fees prescribed for plates issued 442
548+under said section; and (2) such number plates which are low number 443
549+plates, in accordance with section 14-160, in addition to the fee or fees 444
550+prescribed for plates issued under said section.] The commissioner shall 445
551+deposit fifteen dollars of such fee into an account controlled by the 446
552+Department of Motor Vehicles to be used for the cost of producing, 447
553+issuing, renewing and replacing such commemorative number plates, 448
554+and thirty-five dollars of such fee into the greenways commemorative 449
555+account established pursuant to subsection (d) of this section. 450
556+(2) The commissioner shall charge a fee of seventy dollars for a 451
557+greenways commemorative number plate that (A) contains letters in 452
558+place of numbers as authorized by section 14-49, or (B) is a low number 453
559+plate in accordance with section 14-160, in addition to the fee or fees 454
560+prescribed for plates issued under said sections. The commissioner shall 455
561+deposit fifteen dollars of such fee into an account controlled by the 456
562+Department of Motor Vehicles to be used for the cost of producing, 457
563+issuing, renewing and replacing such commemorative number plates, 458
564+and fifty-five dollars of such fee into the greenways commemorative 459
565+account. 460
566+(c) No additional renewal fee shall be charged for renewal of 461
567+registration for any motor vehicle bearing greenways commemorative 462
568+number plates which contain letters in place of numbers, or low number 463
569+plates, in excess of the renewal fee for greenways commemorative 464
570+number plates with letters and numbers selected by the Commissioner 465
571+of Motor Vehicles. No transfer fee shall be charged for transfer of an 466
572+existing registration to or from a registration with greenways 467
573+commemorative number plates. 468
574+(d) There is established an account to be known as the "greenways 469
575+commemorative account" which shall be a separate, nonlapsing account 470 Substitute Bill No. 5429
576+
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581+
582+within the General Fund. The account shall contain any moneys 471
583+required by law to be deposited in the account. The funds in the account 472
584+shall be expended by the Commissioner of Energy and Environmental 473
585+Protection to fund the greenways capital grant program established 474
586+pursuant to section 23-101 and the bikeway, pedestrian walkway, 475
587+recreational trail and greenway grant program described in section 23-476
588+103. 477
589+[(d)] (e) The Commissioner of Motor Vehicles [, in consultation with 478
590+the Commissioner of Energy and Environmental Protection, shall] may 479
591+adopt regulations, in accordance with the provisions of chapter 54, to 480
592+establish standards and procedures for the issuance, renewal and 481
593+replacement of greenways commemorative number plates. 482
594+Sec. 15. (NEW) (Effective October 1, 2021) (a) For the purposes of this 483
595+section and section 16 of this act: (1) "Automated traffic enforcement 484
596+safety device" means a photographic device, radar device, laser device 485
597+or other electrical or mechanical device that (A) records the speed of 486
598+motor vehicles, and (B) produces one or more recorded images that 487
599+indicate the date, time and location of the image of each motor vehicle 488
600+committing a violation of section 22 of this act; (2) "maintenance work 489
601+zone" means an area of any limited access highway where maintenance 490
602+work is being performed by the Department of Transportation; and (3) 491
603+"highway worker" has the same meaning as provided in section 14-212d 492
604+of the general statutes. 493
605+(b) (1) The Commissioner of Transportation may install, operate and 494
606+maintain automated traffic enforcement safety devices in a maintenance 495
607+work zone, provided sworn members of the Division of State Police 496
608+within the Department of Emergency Services and Public Protection are 497
609+not performing highway traffic enforcement or traffic control in such 498
610+maintenance work zone pursuant to a memorandum of understanding. 499
611+The commissioner may enter into an agreement with a contractor for 500
612+such installation, operation and maintenance. Such safety devices may 501
613+only be operational on or after January 1, 2023, provided the 502
614+commissioner has adopted regulations concerning such safety devices 503 Substitute Bill No. 5429
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620+
621+pursuant to section 16 of this act. 504
622+(2) The commissioner shall post signs that indicate the use of an 505
623+automated traffic enforcement safety device at a distance of not less than 506
624+five hundred feet in advance of a maintenance work zone in which such 507
625+safety device is installed and operational. Such safety device shall not 508
626+be operational unless one or more highway workers are in the 509
627+maintenance work zone. Such safety device shall be removed from the 510
628+maintenance work zone upon completion of the maintenance work. 511
629+(3) An automated traffic enforcement safety device shall be installed 512
630+in a manner to only record images of the number plate of a motor 513
631+vehicle, and shall not record images of the occupants of such motor 514
632+vehicle or of any other persons or vehicles in the vicinity at the time the 515
633+images are recorded. 516
634+(c) Whenever an automated traffic enforcement safety device detects 517
635+and produces one or more recorded images of the number plate of a 518
636+motor vehicle exceeding the posted speed limit by eleven miles per hour 519
637+or more in a maintenance work zone and allegedly committing a 520
638+violation of section 22 of this act, a sworn member of the Division of 521
639+State Police within the Department of Emergency Services and Public 522
640+Protection shall review the recorded images provided by such safety 523
641+device. If, after such review, such member determines that there are 524
642+reasonable grounds to believe that a violation has occurred, such 525
643+member may issue a citation for the alleged violation. If such member 526
644+authorizes the issuance of a citation for the alleged violation, the 527
645+Division of State Police shall, not later than ten days after the alleged 528
646+violation, mail the citation to the registered owner of the motor vehicle 529
647+together with a copy of the recorded images. Any person who receives 530
648+a citation pursuant to this subsection shall follow the procedures set 531
649+forth in section 51-164n of the general statutes, as amended by this act. 532
650+(d) As provided in subsection (b) of section 14-107 of the general 533
651+statutes, proof of the registration number of the motor vehicle therein 534
652+concerned shall be prima facie evidence that the owner was the operator 535 Substitute Bill No. 5429
653+
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657+18 of 31
658+
659+thereof, except that, in the case of a leased or rented motor vehicle, such 536
660+proof shall be prima facie evidence that the lessee was the operator 537
661+thereof. A recorded image that clearly shows the number plate of a 538
662+motor vehicle exceeding the posted speed limit by eleven miles per hour 539
663+or more in a maintenance work zone shall be sufficient proof of the 540
664+identity of the motor vehicle. 541
665+(e) A prima facie presumption of accuracy sufficient to support a 542
666+violation of section 22 of this act will be accorded to an automated traffic 543
667+enforcement safety device installed, operated and maintained pursuant 544
668+to this section only upon testimony by a Department of Transportation 545
669+employee or contractor involved in the installation, operation or 546
670+maintenance of such safety device that: (1) The employee or contractor 547
671+has adequate training and experience in the installation, operation and 548
672+maintenance of such safety device; (2) such safety device was in proper 549
673+working condition at the time such safety device detected and produced 550
674+one or more recorded images of the motor vehicle exceeding the posted 551
675+speed limit by eleven miles per hour or more in a maintenance work 552
676+zone, and established by proof that suggested methods of testing the 553
677+proper functioning of such safety device were followed; (3) such safety 554
678+device was used in an area where road conditions provide a minimum 555
679+possibility of distortion; and (4) such safety device was expertly tested 556
680+within a reasonable time following the date such safety device detected 557
681+and produced one or more recorded images of the motor vehicle 558
682+exceeding the posted speed limit by eleven miles per hour or more in a 559
683+maintenance work zone, and such testing was done by means which do 560
684+not rely on the internal calibrations of such safety device. 561
685+(f) All defenses shall be available to any person who is alleged to have 562
686+committed a violation of section 22 of this act, including, but not limited 563
687+to, that (1) the violation was necessary to allow the passage of an 564
688+authorized emergency vehicle, (2) the violation was necessary to avoid 565
689+injuring the person or property of another, (3) the violation took place 566
690+during a period of time in which the motor vehicle had been reported 567
691+as being stolen to a law enforcement unit, as defined in section 7-294a of 568 Substitute Bill No. 5429
692+
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697+
698+the general statutes, and had not been recovered prior to the time of the 569
699+violation, (4) the person was not operating the motor vehicle at the time 570
700+of the violation, or (5) the violation was necessary in order for the person 571
701+to comply with any other general statute or regulation concerning the 572
702+operation of a motor vehicle. 573
703+Sec. 16. (NEW) (Effective October 1, 2021) (a) Prior to the operation of 574
704+an automated traffic enforcement safety device in a maintenance work 575
705+zone pursuant to section 15 of this act or a school or hospital zone 576
706+pursuant to the pilot program established pursuant to section 21 of this 577
707+act, the Commissioner of Transportation, shall adopt regulations, in 578
708+accordance with the provisions of chapter 54 of the general statutes, 579
709+regarding the privacy, security, collection, use and disclosure of 580
710+recorded images and any other data produced by an automated traffic 581
711+enforcement safety device. Such regulations shall include, but need not 582
712+be limited to: (1) Procedures to ensure the privacy and security of 583
713+recorded images; (2) a description of any other data produced by an 584
714+automated traffic enforcement safety device and collected by the 585
715+department, municipality or a contractor; and (3) provisions to 586
716+appropriately limit access to recorded images and other such data. 587
717+(b) No recorded image or other such data produced by an automated 588
718+traffic enforcement safety device shall be sold or disclosed by the 589
719+Department of Transportation, municipality or a contractor to any 590
720+person or entity except where the disclosure is made: (1) Between the 591
721+department, the municipality, a contractor, the Division of State Police 592
722+within the Department of Emergency Services and Public Protection or 593
723+municipal police department pursuant to section 15 of this act or the 594
724+pilot program established pursuant to section 21 of this act; (2) pursuant 595
725+to a judicial order, including a search warrant or a subpoena, in a 596
726+criminal proceeding; or (3) to comply with federal or state law or 597
727+regulation. 598
728+(c) Not less than thirty days after a disclosure of a recorded image or 599
729+other such data is made pursuant to the provisions of subdivision (2) of 600
730+subsection (b) of this section, the Department of Transportation, the 601 Substitute Bill No. 5429
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736+
737+municipality or a contractor shall send or transmit, in a manner 602
738+determined by the department, municipality or contractor, a notification 603
739+to the person who was the subject of the judicial order regarding such 604
740+disclosure. The department, municipality or contractor shall not be 605
741+required to send such notice by mail if the United States Postal Service 606
742+has determined that mail is undeliverable to such person at the address 607
743+for such person that is in the records of the department, municipality or 608
744+contractor. 609
745+(d) A recorded image and any other data produced by an automated 610
746+traffic enforcement safety device shall be destroyed (1) sixty days after 611
747+the date of the alleged violation, if a citation is not issued for such 612
748+alleged violation pursuant to subsection (c) of section 15 of this act or 613
749+subsection (c) of section 21 of this act, or (2) upon final disposition of the 614
750+case to which it pertains, if a citation is issued for such alleged violation 615
751+pursuant to subsection (c) of section 15 of this act or subsection (c) of 616
752+section 21 of this act. 617
753+(e) The Department of Transportation, municipality or a contractor 618
754+may disclose aggregate information and other data collected from the 619
755+use of an automated traffic enforcement safety device that does not 620
756+directly or indirectly identify a motor vehicle for research purposes 621
757+authorized by the Commissioner of Transportation. 622
758+(f) (1) Commencing one year from the date an automated traffic 623
759+enforcement safety device is operational in a maintenance work zone in 624
760+this state, and every year thereafter, the Department of Transportation 625
761+or a contractor shall conduct an internal audit of the department's or 626
762+contractor's compliance with the regulations adopted pursuant to 627
763+subsection (a) of this section. 628
764+(2) Commencing one year from the date an automated traffic 629
765+enforcement safety device is operational in a school or hospital zone 630
766+pursuant to the pilot program established pursuant to section 21 of this 631
767+act, and each year of the pilot program, the municipality or a contractor 632
768+shall conduct an internal audit of the municipality's or contractor's 633 Substitute Bill No. 5429
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774+
775+compliance with the regulations adopted pursuant to subsection (a) of 634
776+this section. 635
777+(g) Commencing one year from the date an automated traffic 636
778+enforcement safety device is operational in a maintenance work zone in 637
779+this state, and every year thereafter, the Department of Transportation 638
780+shall submit a report, in accordance with the provisions of section 11-4a 639
781+of the general statutes, to the joint standing committee of the General 640
782+Assembly having cognizance of matters relating to transportation. Such 641
783+report shall include, but need not be limited to: (1) The number of times 642
784+number plates are recorded by an automated traffic enforcement safety 643
785+device; (2) the number of times the department or a contractor disclosed 644
786+recorded images or other data produced by an automated traffic 645
787+enforcement safety device pursuant to a search warrant in a criminal 646
788+proceeding; (3) the number of times the department or contractor 647
789+disclosed recorded images or other data pursuant to a subpoena in a 648
790+criminal proceeding; (4) the number of requests for recorded images or 649
791+other data received by the department or a contractor, including the 650
792+identity of the person or entity who made each such request and a copy 651
793+of each such request; and (5) the results of the internal audit conducted 652
794+pursuant to subsection (f) of this section. 653
795+(h) A recorded image or other data produced by an automated traffic 654
796+enforcement safety device shall not be deemed a public record, for 655
797+purposes of the Freedom of Information Act, as defined in section 1-200 656
798+of the general statutes. 657
799+Sec. 17. (NEW) (Effective October 1, 2021) The Commissioner of 658
800+Transportation, after consultation with pedestrian safety advocates, 659
801+shall develop and implement a public awareness campaign to educate 660
802+the public concerning (1) ways to reduce transportation-related fatalities 661
803+and severe injuries to pedestrians, bicyclists, transit users, motorists and 662
804+passengers, (2) the importance of obeying speed limits in a highway 663
805+work zone, as defined in section 14-212d of the general statutes, school 664
806+zone, established pursuant to section 14-212b of the general statutes, or 665
807+hospital zone, established pursuant to section 20 of this act, and (3) the 666 Substitute Bill No. 5429
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813+
814+possible use of an automated traffic enforcement safety device, as 667
815+defined in subsection (a) of section 15 of this act in such zones. 668
816+Sec. 18. Section 14-212g of the general statutes is repealed and the 669
817+following is substituted in lieu thereof (Effective January 1, 2022): 670
818+(a) There is established an account to be known as the "work zone 671
819+safety account" which shall be a separate, nonlapsing account within the 672
820+Special Transportation Fund. The account shall contain any moneys 673
821+required by law to be deposited in the account. Moneys in the account 674
822+shall be expended by the Department of Transportation to [protect the 675
823+safety of workers in highway work zones, as defined in section 14-212d, 676
824+through (1) highway traffic enforcement, including, but not limited to, 677
825+the expansion of the "Operation Big Orange" program, and (2) the 678
826+purchase and implementation of technology and equipment. Any use of 679
827+moneys in the work zone safety account by the department, other than 680
828+for the "Operation Big Orange" program or direct traffic enforcement in 681
829+work zones, shall be approved by the Highway Work Zone Safety 682
830+Advisory Council, as described in section 14-212e] pay the costs of 683
831+sworn members of the Division of State Police within the Department of 684
832+Emergency Services and Public Protection who are engaged in highway 685
833+traffic enforcement or traffic control in highway work zones, as defined 686
834+in section 14-212d. 687
835+(b) Upon receipt of the moneys paid pursuant to subdivisions (4) and 688
836+(5) of subsection (b) of section 13b-61, the State Treasurer shall transfer 689
837+nine thousand dollars of such moneys monthly to the work zone safety 690
838+account established in subsection (a) of this section. 691
839+Sec. 19. Section 14-219c of the general statutes is repealed and the 692
840+following is substituted in lieu thereof (Effective October 1, 2021): 693
841+[A] Except as provided in subsection (e) of section 15 of this act and 694
842+subsection (f) of section 21 of this act, a prima facie presumption of 695
843+accuracy sufficient to support a conviction under section 14-219, as 696
844+amended by this act, will be accorded to a radar, speed monitoring laser, 697 Substitute Bill No. 5429
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850+
851+vascar device or any other speed monitoring device approved by the 698
852+Commissioner of Emergency Services and Public Protection only upon 699
853+testimony by a competent police officer that: (1) The police officer 700
854+operating the radar, laser, vascar device or other device has adequate 701
855+training and experience in its operation; (2) the radar, laser, vascar 702
856+device or other device was in proper working condition at the time of 703
857+the arrest, established by proof that suggested methods of testing the 704
858+proper functioning of the device were followed; (3) the radar, laser, 705
859+vascar device or other device was used in an area where road conditions 706
860+provide a minimum possibility of distortion; (4) if moving radar was 707
861+used, the speed of the patrol car was verified; and (5) the radar, laser, 708
862+vascar device or other device was expertly tested within a reasonable 709
863+time following the arrest, and such testing was done by means which do 710
864+not rely on the internal calibrations of such radar, laser, vascar device or 711
865+other device. 712
866+Sec. 20. (NEW) (Effective October 1, 2021) (a) As used in this section, 713
867+"local highway" means a highway that is under the control of a town, 714
868+city or borough; and "local traffic authority" means the traffic authority 715
869+of a town, city or borough. 716
870+(b) (1) At the request of the legislative body of a town, city or borough, 717
871+the Office of the State Traffic Administration may designate as a hospital 718
872+zone any part of a state highway that is adjacent to hospital property or 719
873+is, in the opinion of said office, sufficiently close to hospital property as 720
874+to constitute a risk to the public safety under all the circumstances. At 721
875+the request of such legislative body, the commission may revoke any 722
876+such designation. (2) A local traffic authority may designate as a hospital 723
877+zone, and may revoke any such designation, any part of a local highway 724
878+that is adjacent to hospital property or is, in the opinion of the local 725
879+traffic authority, sufficiently close to hospital property as to constitute a 726
880+risk to the public safety under all the circumstances. 727
881+(c) The Office of the State Traffic Administration with regard to a state 728
882+highway or the local traffic authority with regard to a local highway 729
883+shall post a sign approved by the Office of the State Traffic 730 Substitute Bill No. 5429
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889+
890+Administration at the beginning and at the end of a hospital zone in each 731
891+direction that traffic is permitted to flow that indicates the designation 732
892+of such hospital zone. Such sign shall conform with the Federal 733
893+Highway Administration's Manual on Uniform Traffic Control Devices, 734
894+as amended from time to time. 735
895+Sec. 21. (NEW) (Effective October 1, 2021) (a) For the purposes of this 736
896+section: (1) "Automated traffic enforcement safety device" has the same 737
897+meaning as provided in subsection (a) of section 15 of this act, (2) "school 738
898+zone" means an area designated by the Office of the State Traffic 739
899+Administration or the traffic authority of a town, city or borough 740
900+pursuant to section 14-212b of the general statutes, and (3) "hospital 741
901+zone" means an area designated by the Office of the State Traffic 742
902+Administration or the traffic authority of a town, city or borough 743
903+pursuant to section 20 of this act. 744
904+(b) (1) The Secretary of the Office of Policy and Management, in 745
905+consultation with the Commissioner of Transportation, shall establish a 746
906+pilot program to allow not more than ten municipalities to install, 747
907+operate and maintain automated traffic enforcement safety devices in 748
908+not more than twelve school and hospital zones located in such 749
909+municipality for a period of five years from the date an automated traffic 750
910+enforcement safety device first becomes operational in such 751
911+municipality. A municipality participating in the pilot program may 752
912+enter into an agreement with a contractor for such installation, operation 753
913+and maintenance. Such safety devices may only be operational on or 754
914+after January 1, 2023, provided the commissioner has adopted 755
915+regulations concerning such safety devices pursuant to section 16 of this 756
916+act. 757
917+(2) When selecting school or hospital zones to install and operate an 758
918+automated traffic enforcement safety device, a participating 759
919+municipality shall consider factors, including, but not limited to, the 760
920+speed data, crash history and roadway geometry of such school or 761
921+hospital zone. 762 Substitute Bill No. 5429
922+
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926+25 of 31
927+
928+(3) At least thirty days before an automated traffic enforcement safety 763
929+device is installed and operational, a participating municipality shall 764
930+develop and implement a public awareness campaign to educate the 765
931+public concerning (A) the importance of obeying speed limits in a school 766
932+and hospital work zone, and (B) the use of an automated traffic 767
933+enforcement safety device in such zones. 768
934+(4) When an automated traffic enforcement safety device is installed 769
935+and operational, a participating municipality shall post signs that 770
936+indicate the use of such safety device proximate to any sign that 771
937+indicates the designation of a school zone, in accordance with subsection 772
938+(d) of section 14-212 of the general statutes, or a hospital zone, in 773
939+accordance with subsection (c) of section 20 of this act. 774
940+(5) An automated traffic enforcement safety device shall be installed 775
941+in a manner to only record images of the number plate of a motor 776
942+vehicle, and shall not record images of the occupants of such motor 777
943+vehicle or of any other persons or vehicles in the vicinity at the time the 778
944+images are recorded. 779
945+(c) Whenever an automated traffic enforcement safety device detects 780
946+and produces one or more recorded images of the number plate of a 781
947+motor vehicle exceeding the posted speed limit by eleven miles per hour 782
948+or more in a school or hospital zone and allegedly committing a 783
949+violation of section 22 of this act, a sworn member of the Division of 784
950+State Police within the Department of Emergency Services and Public 785
951+Protection or a municipal police department shall review the recorded 786
952+images provided by such safety device. If, after such review, such 787
953+member determines that there are reasonable grounds to believe that a 788
954+violation has occurred, such member may issue a citation for the alleged 789
955+violation, unless such alleged violation occurred during the first thirty 790
956+days that such safety device became operational, in which case such 791
957+member shall issue a warning. If such member authorizes the issuance 792
958+of a citation or warning for the alleged violation, the Division of State 793
959+Police or municipal police department shall, not later than thirty days 794
960+after the alleged violation, mail the citation or warning to the registered 795 Substitute Bill No. 5429
961+
962+
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965+26 of 31
966+
967+owner of the motor vehicle together with a copy of the recorded images. 796
968+Any person who receives a citation pursuant to this subsection shall 797
969+follow the procedures set forth in section 51-164n of the general statutes. 798
970+(d) As provided in subsection (b) of section 14-107 of the general 799
971+statutes, proof of the registration number of the motor vehicle shall be 800
972+prima facie evidence that the owner was the operator thereof, except 801
973+that, in the case of a leased or rented motor vehicle, such proof shall be 802
974+prima facie evidence that the lessee was the operator thereof. A recorded 803
975+image that clearly shows the number plate of a motor vehicle exceeding 804
976+the posted speed limit by eleven miles per hour or more in a school or 805
977+hospital zone shall be sufficient proof of the identity of the motor 806
978+vehicle. 807
979+(e) A prima facie presumption of accuracy sufficient to support a 808
980+violation under section 22 of this act will be accorded to an automated 809
981+traffic enforcement safety device installed, operated and maintained 810
982+pursuant to this section only upon testimony by a municipal employee 811
983+or contractor involved in the installation, operation or maintenance of 812
984+such safety device that: (1) The employee or contractor has adequate 813
985+training and experience in the installation, operation and maintenance 814
986+of such safety device; (2) such safety device was in proper working 815
987+condition at the time such safety device detected and produced one or 816
988+more recorded images of the motor vehicle exceeding the posted speed 817
989+limit by eleven miles per hour or more in a school or hospital zone, and 818
990+established by proof that suggested methods of testing the proper 819
991+functioning of such safety device were followed; (3) such safety device 820
992+was used in an area where road conditions provide a minimum 821
993+possibility of distortion; and (4) such safety device was expertly tested 822
994+within a reasonable time following the date such safety device detected 823
995+and produced one or more recorded images of the motor vehicle 824
996+exceeding the posted speed limit by eleven miles per hour or more in a 825
997+school or hospital zone, and such testing was done by means which do 826
998+not rely on the internal calibrations of such safety device. 827
999+(f) All defenses shall be available to any person who is alleged to have 828 Substitute Bill No. 5429
1000+
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1004+27 of 31
1005+
1006+committed a violation of section 22 of this act, including, but not limited 829
1007+to, that (1) the violation was necessary to allow the passage of an 830
1008+authorized emergency vehicle, (2) the violation was necessary to avoid 831
1009+injuring the person or property of another, (3) the violation took place 832
1010+during a period of time in which the motor vehicle had been reported 833
1011+as being stolen to a law enforcement unit, as defined in section 7-294a of 834
1012+the general statutes, and had not been recovered prior to the time of the 835
1013+violation, (4) the person was convicted of committing a violation 836
1014+specified in section 14-218a of the general statutes, as amended by this 837
1015+act, or section 14-219 of the general statutes, as amended by this act, 838
1016+while in a school or hospital zone for the same incident based upon a 839
1017+separate and distinct citation issued by an officer, (5) the person was not 840
1018+operating the motor vehicle at the time of the violation, or (6) the 841
1019+violation was necessary in order for the person to comply with any other 842
1020+general statute or regulation concerning the operation of a motor 843
1021+vehicle. 844
1022+(g) Commencing one year from the date an automated traffic 845
1023+enforcement safety device is operational in a school or hospital zone in 846
1024+this state, and every year thereafter, each participating municipality 847
1025+shall submit a report to the Secretary of the Office of Policy and 848
1026+Management. Such report shall include, but need not be limited to: (1) 849
1027+The number of times number plates are recorded by an automated 850
1028+traffic enforcement safety device; (2) the number of times the 851
1029+municipality or a contractor disclosed recorded images or other data 852
1030+produced by an automated traffic enforcement safety device pursuant 853
1031+to a search warrant in a criminal proceeding; (3) the number of times the 854
1032+municipality or contractor disclosed recorded images or other data 855
1033+pursuant to a subpoena in a criminal proceeding; (4) the number of 856
1034+requests for recorded images or other data received by the municipality 857
1035+or a contractor, including the identity of the person or entity who made 858
1036+each such request and a copy of each such request; and (5) the results of 859
1037+the internal audit conducted pursuant to subsection (f) of section 15 of 860
1038+this act. The secretary shall compile the reports and shall submit, in 861
1039+accordance with section 11-4a of the general statutes, on an annual basis, 862 Substitute Bill No. 5429
1040+
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1044+28 of 31
1045+
1046+a consolidated report and any recommendations regarding the pilot 863
1047+program to the joint standing committee of the General Assembly 864
1048+having cognizance of matters relating to transportation. 865
1049+Sec. 22. (NEW) (Effective October 1, 2021) (a) For the purposes of this 866
1050+section, (1) "automated traffic enforcement safety device" and 867
1051+"maintenance work zone" have the same meanings as provided in 868
1052+subsection (a) of section 15 of this act, (2) "school zone" and "hospital 869
1053+zone" have the same meanings as provided in section 21 of this act, and 870
1054+(3) "emergency vehicle" has the same meaning as provided in section 14-871
1055+283 of the general statutes, as amended by this act. 872
1056+(b) No person operating a motor vehicle, except an emergency 873
1057+vehicle, shall exceed the posted speed limit by eleven or more miles per 874
1058+hour, as detected by an automated traffic enforcement safety device, 875
1059+within a (1) maintenance work zone, (2) school zone, or (3) hospital 876
1060+zone. 877
1061+(c) No person shall be subject to prosecution for committing a 878
1062+violation of subsection (b) of this section and a violation of section 14-879
1063+212d of the general statutes, 14-218a of the general statutes, as amended 880
1064+by this act, 14-219 of the general statutes, as amended by this act, or 14-881
1065+222 of the general statutes, as amended by this act, because of the same 882
1066+offense. 883
1067+(d) Any person who violates the provisions of subsection (b) of this 884
1068+section shall, (1) for a first violation, be fined seventy-five dollars, and 885
1069+(2) for a subsequent violation, be fined ninety dollars. 886
1070+Sec. 23. Subsection (b) of section 51-164n of the general statutes is 887
1071+repealed and the following is substituted in lieu thereof (Effective October 888
1072+1, 2021): 889
1073+(b) Notwithstanding any provision of the general statutes, any person 890
1074+who is alleged to have committed (1) a violation under the provisions of 891
1075+section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-892
1076+393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-893 Substitute Bill No. 5429
1077+
1078+
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1081+29 of 31
1082+
1083+251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) 894
1084+of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-895
1085+435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 896
1086+13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-897
1087+253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 898
1088+13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection 899
1089+(a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 900
1090+14-12, section 14-20a or 14-27a, subsection (f) of section 14-34a, 901
1091+subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, 902
1092+subsection (b) of section 14-66, section 14-66a or 14-67a, subsection (g) 903
1093+of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 904
1094+14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first 905
1095+violation as specified in subsection (f) of section 14-164i, section 14-219 906
1096+as specified in subsection (e) of said section, subdivision (1) of section 907
1097+14-223a, section 14-240, 14-250 or 14-253a, subsection (a) of section 14-908
1098+261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 909
1099+14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-910
1100+296aa, as amended by this act, 14-300, as amended by this act, 14-300d, 911
1101+14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision 912
1102+(1), (2) or (3) of section 14-386a, section 15-25 or 15-33, subdivision (1) of 913
1103+section 15-97, subsection (a) of section 15-115, section 16-44, 16-256e, 914
1104+16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 915
1105+17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-131, 17b-137, 19a-30, 916
1106+19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-917
1107+91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 918
1108+19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 919
1109+19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20-920
1110+265, 20-324e, subsection (b) of section 20-334, 20-341l, 20-366, 20-597, 20-921
1111+608, 20-610, 21-1, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63 or 21-76a, 922
1112+subsection (c) of section 21a-2, subdivision (1) of section 21a-19, section 923
1113+21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 924
1114+or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 925
1115+or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, 926
1116+subdivision (1) of subsection (a) of section 21a-159, subsection (a) of 927
1117+section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 928 Substitute Bill No. 5429
1118+
1119+
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1122+30 of 31
1123+
1124+22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 929
1125+22-49 or 22-54, subsection (d) of section 22-84, section 22-89, 22-90, 22-930
1126+98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-931
1127+324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 932
1128+22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, 933
1129+subsection (a) of section 22a-250, subsection (e) of section 22a-256h, 934
1130+section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, 935
1131+section 22a-449, 22a-461, 23-38, 23-46 or 23-61b, subsection (a) or 936
1132+subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, 937
1133+subsection (a) of section 25-43, section 25-43d, 25-135, 26-18, 26-19, 26-938
1134+21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, 939
1135+subdivision (1) of subsection (d) of section 26-61, section 26-64, 940
1136+subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 941
1137+26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 942
1138+or 26-141, subdivision (1) of section 26-186, section 26-207, 26-215, 26-943
1139+217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-230, 944
1140+26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-945
1141+294, 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), 946
1142+(e) or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) 947
1143+of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of 948
1144+section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-949
1145+10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-950
1146+32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, 951
1147+subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 952
1148+31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, 953
1149+subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-954
1150+450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 955
1151+46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 956
1152+53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-957
1153+321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of section 53-344b, 958
1154+[or] section 53-450 or section 22 of this act, or (2) a violation under the 959
1155+provisions of chapter 268, or (3) a violation of any regulation adopted in 960
1156+accordance with the provisions of section 12-484, 12-487 or 13b-410, or 961
1157+(4) a violation of any ordinance, regulation or bylaw of any town, city or 962
1158+borough, except violations of building codes and the health code, for 963 Substitute Bill No. 5429
1159+
1160+
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1163+31 of 31
1164+
1165+which the penalty exceeds ninety dollars but does not exceed two 964
1166+hundred fifty dollars, unless such town, city or borough has established 965
1167+a payment and hearing procedure for such violation pursuant to section 966
1168+7-152c, shall follow the procedures set forth in this section. 967
1169+This act shall take effect as follows and shall amend the following
1170+sections:
1171+
1172+Section 1 October 1, 2021 14-300(c)
1173+Sec. 2 from passage New section
1174+Sec. 3 October 1, 2021 14-311(d)
1175+Sec. 4 October 1, 2021 New section
1176+Sec. 5 October 1, 2021 51-56a
1177+Sec. 6 July 1, 2021 14-218a
1178+Sec. 7 July 1, 2021 New section
1179+Sec. 8 October 1, 2021 14-36(a)
1180+Sec. 9 October 1, 2021 14-219(a) and (b)
1181+Sec. 10 October 1, 2021 14-222(a)
1182+Sec. 11 October 1, 2021 14-283(b)(1)
1183+Sec. 12 October 1, 2021 53a-213
1184+Sec. 13 October 1, 2021 14-296aa(h)
1185+Sec. 14 October 1, 2021 14-21i
1186+Sec. 15 October 1, 2021 New section
1187+Sec. 16 October 1, 2021 New section
1188+Sec. 17 October 1, 2021 New section
1189+Sec. 18 January 1, 2022 14-212g
1190+Sec. 19 October 1, 2021 14-219c
1191+Sec. 20 October 1, 2021 New section
1192+Sec. 21 October 1, 2021 New section
1193+Sec. 22 October 1, 2021 New section
1194+Sec. 23 October 1, 2021 51-164n(b)
1195+
1196+
1197+TRA Joint Favorable Subst.
1198+JUD Joint Favorable
1199+FIN Joint Favorable
5341200