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7 | + | General Assembly Substitute Bill No. 5429 | |
8 | + | January Session, 2021 | |
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2 | 10 | ||
3 | 11 | ||
4 | - | Substitute House Bill No. 5429 | |
5 | - | ||
6 | - | Public Act No. 21-28 | |
7 | 12 | ||
8 | 13 | ||
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. | |
13 | 19 | Be it enacted by the Senate and House of Representatives in General | |
14 | 20 | Assembly convened: | |
15 | 21 | ||
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17 | - | repealed and the following is substituted in lieu thereof (Effective October | |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 | |
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23 | + | repealed and the following is substituted in lieu thereof (Effective October 2 | |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 | |
32 | 38 | ||
33 | - | Public Act No. 21-28 2 of 17 | |
34 | 39 | ||
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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67 | - | Public Act No. 21-28 3 of 17 | |
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 | |
68 | 77 | ||
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 | |
98 | 78 | ||
99 | - | Public Act No. 21-28 4 of 17 | |
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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 | |
130 | 116 | ||
131 | - | Public Act No. 21-28 5 of 17 | |
132 | 117 | ||
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 | |
166 | 153 | ||
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 | |
229 | 192 | ||
230 | - | Public Act No. 21-28 8 of 17 | |
231 | 193 | ||
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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262 | 197 | ||
263 | - | Public Act No. 21-28 9 of 17 | |
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 | |
264 | 231 | ||
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 | |
295 | 232 | ||
296 | - | Public Act No. 21-28 10 of 17 | |
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297 | 236 | ||
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 | |
329 | 270 | ||
330 | - | Public Act No. 21-28 11 of 17 | |
331 | 271 | ||
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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361 | 275 | ||
362 | - | Public Act No. 21-28 12 of 17 | |
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 | |
363 | 309 | ||
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 | |
396 | 310 | ||
397 | - | Public Act No. 21-28 13 of 17 | |
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398 | 314 | ||
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 | |
429 | 347 | ||
430 | - | Public Act No. 21-28 14 of 17 | |
431 | 348 | ||
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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461 | 352 | ||
462 | - | Public Act No. 21-28 15 of 17 | |
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 | |
463 | 386 | ||
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 | |
495 | 387 | ||
496 | - | Public Act No. 21-28 16 of 17 | |
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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 | |
529 | 423 | ||
530 | - | Public Act No. 21-28 17 of 17 | |
531 | 424 | ||
532 | - | replacement of greenways commemorative number plates. | |
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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 | |
462 | + | ||
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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 | |
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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 | |
537 | + | ||
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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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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 | |
615 | + | ||
616 | + | ||
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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 | |
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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 | + | ||
693 | + | ||
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696 | + | 19 of 31 | |
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 | |
731 | + | ||
732 | + | ||
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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 | |
769 | + | ||
770 | + | ||
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773 | + | 21 of 31 | |
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 | |
808 | + | ||
809 | + | ||
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812 | + | 22 of 31 | |
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 | |
845 | + | ||
846 | + | ||
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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 | |
884 | + | ||
885 | + | ||
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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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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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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 | + | ||
1001 | + | ||
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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 | + | ||
1041 | + | ||
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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 | + | ||
1079 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- | |
1080 | + | R03-HB.docx } | |
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 | + | ||
1120 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- | |
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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 | + | ||
1161 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05429- | |
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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 | |
534 | 1200 |