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OLR Bill Analysis
sSB 261 (File 89, as amended by Senate “A”)*
AN ACT CONCERNING RECOMMENDATIONS BY THE
DEPARTMENT OF MOTOR VEHICLES.
TABLE OF CONTENTS:
SUMMARY
§§ 1 & 2 — IDENTITY CARDS
Establishes grounds for revoking identity cards and establishes a restoration fee for a
revoked identity card
§ 4 — LIEN OR TITLE SERVICE FILING FEE
Imposes a fee on a lien or title service that files seven or more registration or title
applications per month and fails to do so electronically
§ 5 — “SAVE OUR LAKES” PLATES
Establishes fees for Save Our Lakes commemorative plates and allows DMV to retain a
portion to defray production and issuance costs
§ 7 — STUDENT TRANSPORTATI ON VEHICLE REGISTRATION
Increases the registration fees for student transportation vehicles designed as passenger
vehicles to reflect current DMV practice
§ 8 — COMMERCIAL PASSENGER VEHICLE INSURANCE
Principally increases the minimum insurance coverage requirements for non-livery
service vehicles (e.g., buses) that transport eight or more passengers
§§ 9 & 41 — DRIVER’S LICENSE AND PERMIT CHANGES
Increases the time period by which individuals must obtain a Connecticut driver’s license
after establishing residency in the state; modifies driver testing requirements for
applicants with expired licenses; and adds a vision exam option towards satisfying license
and permit requirements
§ 9 — COMMERCIAL DRIVER’S LICENSE KNOWLEDGE TE STS FOR
ELIGIBLE VETERANS AND SERVICE MEMBERS
Allows for the waiver of commercial driver’s license knowledge tests for qualifying
veterans and service members
§ 10 — ISSUING CREDENTIALS WITHOUT APPLICANT’S PERSONAL
APPEARANCE
Expands the circumstances under which DMV can renew and duplicate credentials
without an applicant’s personal appearance
§§ 11, 12, 22 & 51 — ONLINE DRIVER EDUCAT ION
Allows driver’s education courses to be provided fully or partially through interactive
distance learning 2021SB-00261-R01-BA.DOCX
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§ 13 — DMV CONTRACTORS
Eliminates a restriction requiring DMV contractors to process license and registration
transactions at their own facilities
§ 14 — COMMERCIAL DRIVER’S LICENSE VALIDATION
Requires DMV to check the federal Drug and Alcohol Clearinghouse before validating a
commercial driver’s license, in accordance with federal regulations
§§ 15 & 16 — COMMERCIAL DRIVER’S LICENSE LEARNER’S
PERMITS
Extends the duration of commercial driver’s license learner’s permits
§ 17 — COMMERCIAL DRIVER’S LICENSE DISQUALIFICATIONS
Adds certain human trafficking felonies to the list of offenses resulting in a lifetime
disqualification for a commercial driver’s license
§ 18 — ONE-YEAR REGISTRATIONS FOR SENIORS
Allows seniors to renew combination registrations for a one-year period
§§ 19 & 21 — LICENSE DEPOSITS
Eliminates the cash deposit option for repairer, dealer, leasing or rental, and drivers’
school licenses
§ 20 — DEALER AND REPAIRER LICENSES
Allows (1) the DMV commissioner to consider certain civil judgments against dealer and
repairer license applicants and (2) new car dealer, repairer, and limited repairer license
applicants to be licensed even if they owe sales tax
§§ 23, 27 & 28 — OPERATOR RETRAINING AND SCHOOL BUS AND
STUDENT TRANSPORTATI ON VEHICLE SAFETY TRAINING
Allows operator retraining programs and school bus and student transportation vehicle
safety training to be provided through interactive distance learning
§ 25 — EMISSION TESTING DEADLINES
Permits extending the emissions testing deadline after vehicle purchases when DMV or
testing stations are closed or have limited operations
§ 26 — SNOWMOBILE AND ALL -TERRAIN VEHICLE (ATV)
OPERATORS
Specifically adds snowmobiles and ATVs to the implied consent testing law
§ 29 — BOAT REGISTRATIONS AND DECALS
Allows marine dealers to issue permanent boat registrations and decals
§ 30 — DEALER REGISTRATIONS
Allows DMV to appoint dealers to issue additional registrations beyond the vehicles they
sell
§ 30 — OUT-OF-STATE MOTOR VEHICLE REGISTRATIONS
Extends the grace period during which a resident may drive a vehicle registered out-of-
state without penalty and lowers the fine for residents who drive a vehicle registered out-
of-state after the grace period
§ 31 — MOTOR VEHICLE REGISTRATION TASK FORCE 2021SB-00261-R01-BA.DOCX
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Restarts the motor vehicle registration task force and changes the appointing authorities
for task force members
§ 32 — MUNICIPAL FINE FOR UNREGISTERED VEHICLES
Allows municipalities to impose, by ordinance, a fine of up to $250 on owners of motor
vehicles that are subject to local property tax but not registered with DMV
§§ 34 & 35 — EMERGENCY VEHICLE DE FINITIONS
Makes several changes to emergency vehicle definitions, including adding certain DEEP
vehicles
§ 36 — ACCESSIBLE PARKING PLACARDS
Enables a parent or guardian of a child of any age with a disability to obtain an
accessible parking placard on the child’s behalf
§ 37 — RIGHT-OF-WAY AND BUSES
Requires drivers to yield the right-of-way to a bus traveling in the same direction when the
bus appropriately signals
§ 38 — SCHOOL BUS EQUIPMENT
Allows school buses to be equipped with an extended stop arm
§ 39 — INSURANCE COMPANY PO SSESSION OF VEHICLES
Makes changes related to salvage titles and powers of attorney needed to transfer vehicles
that are total losses
§ 40 — REPLACEMENT VETERANS ’ PLATES
Establishes a specific fee of $15 for replacing veterans’ plates that become mutilated or
illegible
§ 42 — SCHOOL BUS PASSING VIOLATIONS
Makes changes affecting school bus passing violations based on stop arm camera videos
§ 43 — FIRE APPARATUS SALE AND REPAIR
Requires DMV to create a report on compliance with the laws regarding the sale and
repair of fire apparatus
§ 44 — COMMERCIAL DRIVER’S LICENSE TESTING
Requires the DMV commissioner to verify that certain CDL applicants have undergone
specific entry level training before administering particular tests
§ 45 — ORGAN AND TISSUE DON ORS INFORMATION
Requires DMV and DAS to provide certain organ and tissue procurement organizations
with information on individuals holding instruction permits who wish to be donors
§ 46 — CATALYTIC CONVERTER SALES
Prohibits motor vehicle recyclers from receiving a vehicle’s catalytic converter without
proof of ownership
§ 47 — DRIVE ONLY LICENSES
Allows drive only license applicants to use photocopies and other noncertified documents
as proof of residency and modifies the fees for drive only licenses
§ 48 — DMV WAIT TIME REPORT 2021SB-00261-R01-BA.DOCX
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Modifies DMV’s reporting centered on wait times at department offices to align with the
department’s shift to online services and an appointment system
§ 49 — LICENSE PLATES FOR VETERANS AND ARMED FO RCES
MEMBERS WITH WARTIME SERVICE
Requires DMV to issue special license plates indicating service during a “period of war”
to any veteran or armed forces member who requests them and received a campaign
medal
§ 50 — FEE WAIVER FOR VETERANS
Allows the DMV commissioner to waive driver’s license or identity card renewal or
duplicate fees for certain veterans attending specific events
§§ 52-65 — PEER-TO-PEER (P2P) CAR SHARING
Imposes regulatory requirements on P2P car sharing, principally concerning insurance,
and requires DRS to issue guidance on the sales and use tax treatment of P2P car sharing
§ 66 — STATE AND MUNICIPAL CONTRACT ELIGIBILITY
Repeals a provision that required a specific number of inspections of certain trucking
companies and commercial motor vehicle drivers in order to make them ineligible for
state or municipal contracts
BACKGROUND
SUMMARY
This bill makes numerous unrelated changes in motor vehicle laws.
Among other things, the bill:
1. expands the circumstances under which the Department of
Motor Vehicles (DMV) may renew and duplicate credentials
without an applicant’s personal appearance (§ 10);
2. eliminates a restriction requiring DMV contractors to process
license and registration transactions at their own facilities (§ 13);
3. imposes regulatory requirements on peer-to-peer (P2P) car
sharing and requires the Department of Revenue Services to
issue sales and use tax guidance for P2P car sharing (§§ 51-65);
4. modifies the state’s motor vehicle registration requirements and
penalties for driving with out-of-state plates, reconstitutes the
motor vehicle registration task force, and allows municipalities
to impose fines on taxable vehicles that are not registered under
certain conditions (§§ 30-32); 2021SB-00261-R01-BA.DOCX
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5. allows for driver education courses, operator retraining
programs, and school bus and student transportation vehicle
safety training to be provided fully or partially online (§§ 11, 12,
22, 23, 27, 28 & 51); and
6. increases the minimum insurance coverage requirements for
non-livery service vehicles (e.g., buses) that transport eight or
more passengers (§ 8).
Lastly, the bill makes numerous technical and conforming changes.
*Senate Amendment “A” among other things, (1) adds (a)
provisions on drive-only licenses, DMV wait time reporting, new
veterans’ plates, and a veterans’ fee waiver and (b) numerous other
provisions that are the same or substantially similar to those in related
bills (see BACKGROUND); (2) modifies the underlying bill by (a)
specifying required interactive components of distance learning
associated with driver trainings and (b) limiting the scope of its
authorization for the DMV commissioner to consider civil judgements
against dealer and repairer license applicants; and (3) removes
provisions from the underlying bill (a) extending the timeframe to
transfer a vehicle to a beneficiary after the owner's death and (b)
establishing conditions for a vehicle purchaser's deposit to be refunded
when financing through the seller.
EFFECTIVE DATE: July 1, 2021, unless otherwise noted below.
§§ 1 & 2 — IDENTITY CARDS
Establishes grounds for revoking identity cards and establishes a restoration fee for a
revoked identity card
The bill requires the DMV commissioner to revoke an identity (ID)
card if (1) the owner misrepresents his or her age or otherwise deceives
to get the ID card or (2) it is used or exhibited by someone other than
the owner. Under existing law, these actions are class D
misdemeanors, punishable by a fine of up to $250, up to 30 days
imprisonment, or both.
The bill also requires owners of a revoked ID card to pay a $175 2021SB-00261-R01-BA.DOCX
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restoration fee in order to obtain a new ID card, which is the same
amount to restore a suspended or revoked driver’s license. By law, a
restoration fee must be paid in addition to other applicable fees.
§ 4 — LIEN OR TITLE SERVICE FILING FEE
Imposes a fee on a lien or title service that files seven or more registration or title
applications per month and fails to do so electronically
The bill imposes a $25 fee on applications submitted by a lien or title
service that files seven or more motor vehicle registration or title
applications per month and fails or refuses to do so electronically
when requested by the DMV commissioner.
§ 5 — “SAVE OUR LAKES” PLA TES
Establishes fees for Save Our Lakes commemorative plates and allows DMV to retain a
portion to defray production and issuance costs
The bill (1) establishes fees of $60 and $80 for Save Our Lakes
commemorative plates and (2) allows DMV to keep a part of the fees
($15) to defray plate production and issuance costs. Under the bill, the
lower $60 fee is charged if the DMV commissioner selects the plate’s
letters and numbers. The bill’s higher $80 fee is for (1) plates with a
combination of letters or numbers requested by the registrant or (2)
low number plates. The remainder of each plate fee, after DMV’s costs,
must be deposited into the Connecticut Lakes, Rivers, and Ponds
Preservation account. By law, plate fees are in addition to other vehicle
registration fees.
Correspondingly, the bill eliminates the current requirement that
the DMV commissioner establish the Save Our Lakes plate fees by
regulation. It also deletes a requirement that the DMV commissioner
adopt specific regulations on the plates’ issuance, renewal, and
replacement.
Additionally, the bill extends by 18 months the date by which the
DMV commissioner must begin issuing Save Our Lakes plates, from
January 1, 2020, to July 1, 2021.
§ 7 — STUDENT TRANSPORTATI ON VEHICLE REGISTRAT ION 2021SB-00261-R01-BA.DOCX
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Increases the registration fees for student transportation vehicles designed as passenger
vehicles to reflect current DMV practice
The bill increases the annual registration fee for student
transportation vehicles (STVs) designed as passenger vehicles from $40
to $44 to reflect DMV’s current practice of issuing these vehicles
combination plates rather than passenger plates due to their mixed-use
nature.
§ 8 — COMMERCIAL PASSENGER VEHICLE INSURANCE
Principally increases the minimum insurance coverage requirements for non-livery
service vehicles (e.g., buses) that transport eight or more passengers
The bill makes several modifications to the requirements on
insurance policies and indemnity bonds for buses, taxis, livery service
vehicles, and STVs. It eliminates the option for these vehicles to select
double or split limit of liability policies or bonds and instead requires
them to have single limit of liability providing coverage against claims
for personal injury or death and property damage for any one
accident.
Under the bill, non-livery service vehicles designed or used to
transport eight to 14 passengers without compensation must have at
least $750,000 in coverage. Currently, the minimum coverage
requirements for those vehicles range from $150,000 to $200,000.
For non-livery service vehicles designed or used to transport (1)
eight or more passengers for compensation or (2) 15 or more
passengers without compensation, the bill requires at least the
amounts established under federal law, which are currently $1.5
million for vehicles with a seating capacity of 15 passengers or fewer,
including the driver, and $5 million for vehicles with a seating capacity
of 16 passengers or more, including the driver (49 C.F.R. § 387.33).
Under current law, the minimum coverage requirements for those
vehicles ranged from $150,000 to $300,000 and $200,000 to $300,000
respectively.
Under existing law, unchanged by the bill, the minimum coverage
requirement is (1) $100,000 for non-livery service vehicles that
transport seven or fewer passengers (e.g., taxis); (2) $1.5 million for 2021SB-00261-R01-BA.DOCX
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livery service vehicles that transport 14 or fewer passengers; and (3) $5
million for livery service vehicles that transport 15 or more passengers.
EFFECTIVE DATE: October 1, 2021
§§ 9 & 41 — DRIVER’S LICENSE AND PERMIT CHANGES
Increases the time period by which individuals must obtain a Connecticut driver’s license
after establishing residency in the state; modifies driver testing requirements for
applicants with expired licenses; and adds a vision exam option towards satisfying license
and permit requirements
The bill lengthens, from 30 to 60 days, the time period within which
a person with an out-of-state driver’s license must obtain a
Connecticut license after establishing residency here.
Under current law, driver’s license applicants who have not
operated a motor vehicle in the preceding two years must take a
driver’s test and may be required to pass a vision screening. The bill
instead applies these provisions to applicants whose Connecticut
licenses expired more than two years prior.
Under current law, before issuing a (1) driver’s license to someone
who has not been issued a Connecticut license before or operated a
motor vehicle within the last two years or (2) youth instruction permit
to a 16- or 17-year old, the DMV commissioner may require that
person to pass a vision screening to determine if he or she satisfies the
state’s vision standards. The bill specifies that this screening must be
conducted by DMV or, alternatively, the person may submit the results
of a vision exam by a licensed medical professional that certifies he or
she satisfies the standards. The bill also imposes this vision testing as a
requirement for obtaining an adult instruction permit. By law and
under the bill, a “medical professional” is a licensed physician,
physician assistant, advanced practice registered nurse, or optometrist
(CGS § 14-46b).
Additionally, the bill authorizes the DMV commissioner to direct
how driver’s license applicants must submit supporting documents.
§ 9 — COMMERCIAL DRIVER’S LICENSE KNOWLEDGE TE STS
FOR ELIGIBLE VETERAN S AND SERVICE MEMBER S 2021SB-00261-R01-BA.DOCX
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Allows for the waiver of commercial driver’s license knowledge tests for qualifying
veterans and service members
The bill authorizes the DMV commissioner, in her discretion, to
waive commercial driver’s license (CDL) knowledge tests for eligible
veterans and active duty service members who meet conditions set by
federal regulation. By law, unchanged by the bill, the commissioner
must waive the CDL driving skills test for such applicants who meet
similar conditions.
The bill specifically applies to:
1. armed forces and National Guard members who currently hold
a military operator’s license of the same class as the CDL they
are applying for and
2. veterans who (a) apply within two years after their military
discharge and (b) before their discharge, held a military
operator’s license to drive the same class of vehicles allowed
under their prospective CDL.
By law, a “veteran” is anyone discharged or released under
conditions other than dishonorable from active service in the armed
forces (i.e., the U.S. Army, Navy, Marine Corps, Coast Guard, and Air
Force and any of their reserve components, including the Connecticut
National Guard performing duty under Title 32 of federal law).
For purposes of the knowledge test waiver, u nder federal
regulations an applicant must certify and provide evidence that during
the one-year period prior to applying for the CDL, he or she has not
had:
1. more than one license (except for a military license);
2. any license suspended, revoked, or cancelled;
3. any type of motor vehicle conviction that would disqualify an
applicant from getting a commercial license (e.g., driving under
the influence); 2021SB-00261-R01-BA.DOCX
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4. more than one conviction for a serious traffic violation (e.g.,
driving recklessly); or
5. any conviction for violating any military, state, or local law
relating to motor vehicle traffic control (other than a parking
violation) in connection with any traffic accident or any record
of an accident where he or she was at fault.
The applicant must also provide evidence and certify that he or she:
1. is or was regularly employed and designated as an operator of
one of eight specific vehicles (e.g., Air Force 2T1 vehicle
operator) and
2. is or was operating a vehicle that is representative of the type he
or she expects to operate (49 C.F.R. § 383.77).
§ 10 — ISSUING CREDENTIALS WITHOUT APPLICANT’S
PERSONAL APPEARANCE
Expands the circumstances under which DMV can renew and duplicate credentials
without an applicant’s personal appearance
The bill expands the circumstances under which DMV can renew
and duplicate credentials without an applicant’s personal appearance.
Under the bill, the DMV commissioner may renew or duplicate a
driver’s license, CDL, or an ID card without the applicant’s personal
appearance if:
1. the commissioner has on file the applicant’s photo or digital
image that (a) meets the standards and specifications the
commissioner prescribes (see below) and (b) may be used on a
license or ID card;
2. the commissioner has satisfactory evidence of the applicant’s
identity;
3. the commissioner is satisfied that the applicant is a legal
resident of this state;
4. in the case of renewal, the applicant has personally appeared to 2021SB-00261-R01-BA.DOCX
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renew the license or ID card within the time limitations
specified in state or federal law; and
5. the applicant meets all other requirements for a renewal or
duplicate license.
Under current law, the commissioner may renew these credentials
without the applicant’s personal appearance only (1) if the applicant is
an armed forces member, (2) if the applicant is temporarily residing
out-of-state for business or educational purposes, or (3) in other
circumstances where, in the commissioner’s judgement, personal
appearance would be impractical or impose significant hardship.
Current law does not allow the commissioner to issue duplicate
credentials without personal appearance.
The bill specifies that temporary licenses, instruction permits, and
ID cards are not required to contain an applicant’s photo. Current law
requires that all licenses and ID cards contain the holder’s photo or
digital image.
The bill also repeals the commissioner’s authority to adopt
regulations on renewing licenses and ID cards by mail or electronic
communications with DMV. Instead, if the commissioner elects to
renew or issue duplicate credentials without the applicant’s personal
appearance, she must establish procedures to renew or issue them by
mail or electronic communication with DMV.
EFFECTIVE DATE: Upon passage
§§ 11, 12, 22 & 51 — ONLINE DRIVER EDUCAT ION
Allows driver’s education courses to be provided fully or partially through interactive
distance learning
Under current law, driver’s education provided by commercial
driving schools and secondary schools must be provided through
classroom instruction, which is generally defined as group instruction
of students in a classroom or a similar group situation by qualified
instructors (Conn. Agencies Regs. §§ 14-36f-1(2) & 14-78-20(2)). 2021SB-00261-R01-BA.DOCX
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The bill allows these courses to be provided fully or partially
through distance learning, provided the distance learning has
interactive components (e.g., mandatory interactions, participation, or
testing). However, it specifies that if the eight-hour safe driving
practices course is provided through distance learning, it must be
conducted in real-time by an instructor.
For the purposes of courses provided by secondary schools, it
defines “classroom instruction” to include instruction provided
through distance learning or through a combination of in-person and
real-time, interactive distance learning. It also requires that the
regulations for commercial and secondary school driver’s education
permit classes to be offered fully or partially through distance learning.
The law authorizes DMV to adopt regulations about commercial
driving schools, including establishing instructional standards and
recordkeeping requirements for them. The bill requires DMV to
update its commercial driving school regulations to include (1)
requirements as to the administration of a test at the conclusion of each
class and (2) the form in which required student records must be
transmitted to the commissioner, when required.
EFFECTIVE DATE: Upon passage
§ 13 — DMV CONTRACTORS
Eliminates a restriction requiring DMV contractors to process license and registration
transactions at their own facilities
By law, the DMV commissioner may contract with other entities,
including automobile clubs and municipalities, to conduct various
license and registration transactions.
Under current law, she may authorize a contractor or municipality
to conduct these transactions only at their own office or facilities. The
bill eliminates this restriction.
EFFECTIVE DATE: Upon passage
§ 14 — COMMERCIAL DRIVER’S LICENSE VALIDATION 2021SB-00261-R01-BA.DOCX
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Requires DMV to check the federal Drug and Alcohol Clearinghouse before validating a
commercial driver’s license, in accordance with federal regulations
The bill conforms state law to federal regulations by requiring the
DMV commissioner, beginning January 6, 2023, to request a CDL
applicant’s record from the federal Drug and Alcohol Clearinghouse to
determine whether he or she is qualified to renew, transfer, or upgrade
a CDL (49 C.F.R. § 383.725). The clearinghouse is an online database
that gives employers and government agencies access to information
about CDL and commercial learner’s permit holders’ drug and alcohol
program violations (e.g., positive drug or alcohol test results and test
refusals).
In accordance with the federal regulations, the bill also prohibits the
commissioner from disclosing the information in the applicant’s
clearinghouse record to any person or entity not directly involved in
evaluating the applicant’s CDL qualifications (49 C.F.R. § 383.725(c)).
§§ 15 & 16 — COMMERCIAL DRIVER’S LICENSE LEARNER’S
PERMITS
Extends the duration of commercial driver’s license learner’s permits
This bill modifies the duration of a CDL learner’s permit from 180
days with an option to have it reissued or renewed for an additional
180 days within a two-year period, to a single, one-year period.
Relatedly, it adjusts the fee for the permit from $10 to $20.
§ 17 — COMMERCIAL DRIVER’S LICENSE DISQUALIFICATIONS
Adds certain human trafficking felonies to the list of offenses resulting in a lifetime
disqualification for a commercial driver’s license
The bill conforms state law to federal regulation by requiring a
lifetime CDL disqualification without the possibility of reinstatement
for any person who commits certain human trafficking felonies, as
defined under federal law, while using a commercial motor vehicle.
Specifically, this provision applies to the following felonies:
1. sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to
perform the act is under age 18; or 2021SB-00261-R01-BA.DOCX
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2. the recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services through the use of
force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery (49
C.F.R. § 383.51 & 22 U.S.C. § 7201(11)).
By law, unchanged by the bill, CDL holders are disqualified for life
and ineligible for reinstatement if they commit a felony involving the
manufacture, distribution, or dispensing of a controlled substance
while using any motor vehicle.
EFFECTIVE DATE: October 1, 2021
§ 18 — ONE-YEAR REGISTRATIONS F OR SENIORS
Allows seniors to renew combination registrations for a one-year period
Existing law allows registrants age 65 or older to opt to renew their
passenger motor vehicle registrations for a one-year period instead of a
two- or three-year registration period (CGS § 14-49(a)). The bill
additionally allows them to opt to renew combination registrations for
a one-year period.
EFFECTIVE DATE: October 1, 2021
§§ 19 & 21 — LICENSE DEPOSITS
Eliminates the cash deposit option for repairer, dealer, leasing or rental, and drivers’
school licenses
The bill eliminates the option to deposit cash with DMV as a
condition of obtaining the following licenses: (1) repairer, (2) limited
repairer, (3) new car dealer, (4) used car dealer, (5) leasing or rental, or
(6) drivers’ school. In doing so, it requires those license applicants to
submit surety bonds, which is an option under current law.
EFFECTIVE DATE: October 1, 2021, except the change affecting
drivers’ school licenses is effective July 1, 2021.
§ 20 — DEALER AND REPAIRER LICENSES
Allows (1) the DMV commissioner to consider certain civil judgments against dealer and
repairer license applicants and (2) new car dealer, repairer, and limited repairer license
applicants to be licensed even if they owe sales tax 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 15 6/4/21
This bill authorizes the DMV commissioner to consider certain civil
judgments against dealer and repairer license applicants when
deciding whether to grant or renew those licenses. Specifically, she
may consider judgements involving odometer fraud or operating a
dealer, repairer, or motor vehicle recycler business without a license.
The bill makes a conforming change by requiring licensees to disclose
these civil judgements under penalty of false statement when
renewing their license. Existing law already allows the commissioner
to consider certain criminal convictions against these applicants.
The bill also requires applicants for dealer and repairer licenses to
submit to a national criminal history record check, in addition to the
existing requirement to submit to a state criminal history record check.
It additionally allows the commissioner to require that applications for
these licenses be submitted electronically.
The bill also allows the commissioner to require those license
applications be submitted electronically. Under the bill, license
applicants must submit to a national criminal history record check,
which will be in addition to the existing requirement to submit to a
state criminal history record check. It additionally allows the
commissioner to require those license applications be submitted
electronically.
The bill also eliminates current law’s prohibition on new car dealers,
repairers, and limited repairers from receiving initial or renewed
licenses if they owe sales tax. It maintains the prohibition for used car
dealer licenses.
§§ 23, 27 & 28 — OPERATOR RETRAINING AND SCHOOL BUS
AND STUDENT TRANSPOR TATION VEHICLE SAFETY TRAINING
Allows operator retraining programs and school bus and student transportation vehicle
safety training to be provided through interactive distance learning
The bill specifically allows certain training programs to be offered
fully or partially through distance learning, provided the distance
learning has interactive components such as mandatory interactions,
participation, or testing. It specifically applies to (1) operator retraining
programs conducted by DMV or DMV -certified organizations, (2) 2021SB-00261-R01-BA.DOCX
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school bus and STV operator safety training administered by DMV,
and (3) school bus operator safety training required by a town or
regional school district.
EFFECTIVE DATE: Upon passage
§ 25 — EMISSION TESTING DEADLINES
Permits extending the emissions testing deadline after vehicle purchases when DMV or
testing stations are closed or have limited operations
By law, whenever a vehicle’s ownership is transferred, the new
owner must present the vehicle for an emissions inspection within 30
days after registering the vehicle. The bill authorizes the DMV
commissioner to extend that deadline for the new owner to comply if
circumstances require DMV or emissions inspection stations to close or
have limited operations.
§ 26 — SNOWMOBILE AND ALL -TERRAIN VEHICLE (ATV )
OPERATORS
Specifically adds snowmobiles and ATVs to the implied consent testing law
By law, motor vehicle operators implicitly consent to chemical
analyses of their blood, breath, or urine; and if the operator is a minor,
his or her parents or guardians have implicitly consented for him or
her. Current law applies this requirement to all vehicles used on public
roads. The bill also applies it to snowmobiles and ATVs.
By law, a snowmobile is any self-propelled vehicle designed for
travel on snow or ice, except for ones propelled by sail. An ATV is a
self-propelled vehicle designed to travel over unimproved terrain, has
been determined by the DMV commissioner to be unsuitable for
operation on public roads, and is ineligible for registration (CGS § 14-
379).
The implied consent law establishes administrative license
suspension procedures for operators who refuse to submit to a test or
whose test results indicate an elevated blood alcohol content.
Relatedly, the bill’s specific inclusion of snowmobiles and ATVs align
the implied consent law with the state’s criminal DUI laws (CGS §§ 14-
227a and 14-227m). 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 17 6/4/21
§ 29 — BOAT REGISTRATIONS AND DECALS
Allows marine dealers to issue permanent boat registrations and decals
The bill permits the DMV commissioner to allow marine dealers to
issue boat registration and decal certificates without a limitation on the
type of those certificates, thus allowing them to issue permanent
certificates. Under current law, authorized marine dealers may only
issue temporary boat registrations and decals.
Additionally, the bill eliminates a requirement that the DMV
commissioner adopt regulations about these transactions and instead
grants her the discretion to adopt them.
EFFECTIVE DATE: Upon passage
§ 30 — DEALER REGISTRATIONS
Allows DMV to appoint dealers to issue additional registrations beyond the vehicles they
sell
The bill permits the DMV commissioner to appoint certain qualified
and licensed dealers to issue original and renewal registrations for
passenger motor vehicles, motorcycles, campers, camp trailers,
commercial trailers, service buses, school buses, trucks, and other
vehicle types determined by the commissioner, regardless of whether
the dealers sold the vehicles to the registrants. Under current law, the
commissioner may appoint dealers to issue registrations only on the
vehicles that the dealers sold.
By law, registration applicants must pay to the dealer the
registration fee for their vehicles as well as any other applicable fees.
The bill allows the DMV commissioner to authorize dealers, as part of
their registration transactions, to charge and retain a service fee. The
commissioner must establish the maximum service fee that these
dealers may charge. The bill also eliminates a requirement that the
DMV commissioner impose a $10 fee for each new dealer issue form
furnished to dealers.
Additionally, the bill requires the commissioner to allow these
appointed dealers to electronically register vehicles with a gross
vehicle weight rating exceeding 26,000 pounds that are used or 2021SB-00261-R01-BA.DOCX
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operated in intrastate commerce. Under the bill, these dealers must
pay all applicable registration and title fees for the registrations.
EFFECTIVE DATE: October 1, 2021
§ 30 — OUT-OF-STATE MOTOR VEHICLE REGISTRATIONS
Extends the grace period during which a resident may drive a vehicle registered out-of-
state without penalty and lowers the fine for residents who drive a vehicle registered out-
of-state after the grace period
The bill extends, from 60 to 90 days after establishing residency, the
grace period during which a resident may drive a vehicle registered
out-of-state without penalty.
It also lowers the fine, from $1,000 to $250, for residents who drive a
vehicle registered out-of-state after the grace period and requires that
the fine be suspended for first-time violators who provide proof that
they registered their vehicle after the violation but before the fine is
imposed.
EFFECTIVE DATE: October 1, 2021
§ 31 — MOTOR VEHICLE REGIST RATION TASK FORCE
Restarts the motor vehicle registration task force and changes the appointing authorities
for task force members
The bill reconstitutes and modifies the motor vehicle registration
task force, which never met. The motor vehicle registration task force
is charged with studying compliance with motor vehicle registration
laws and making recommendations to prevent Connecticut residents
from registering motor vehicles out-of-state.
The bill modifies the appointing authorities for the task force’s
appointed members, generally changing them from the legislative
leaders to the Transportation Committee leaders, as shown in Table 1.
As under current law, the task force also includes two gubernatorial
appointees and the DMV and emergency services and public
protection commissioners, or their designees.
Table 1: Appointment Authority Changes 2021SB-00261-R01-BA.DOCX
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Number and Qualifications Appointing Authority
Current Law Bill
Two members, one of whom is
a municipal tax assessor
association member
House speaker Transportation
Committee House
chairperson
Two members, one of whom is
a municipal police chief
Senate president pro
tempore
Transportation
Committee Senate
chairperson
One member who is a municipal
tax assessor serving a
municipality with at least 75,000
residents
House majority leader Transportation
Committee House vice-
chairperson
One member who is a member
of a police department serving a
municipality with at least 75,000
residents
Senate majority
leader
Transportation
Committee Senate vice-
chairperson
One member who is a member
of a police department serving a
municipality with less than
75,000 residents
House minority leader Transportation
Committee House
ranking member
One member who is a municipal
tax assessor serving a
municipality with less than
75,000 residents
Senate minority
leader
Transportation
Committee Senate
ranking member
Under the bill, appointing authorities must make appointments to
the task force by September 1, 2021. The bill requires the
Transportation Committee chairpersons, rather than the House
Speaker and Senate President Pro Tempore, to jointly select the task
force’s chairpersons from among its members. The selected
chairpersons must schedule the first meeting and hold it by October 1,
2021.
The bill requires that the task force (1) submit a report on its
findings to the Transportation Committee by January 1, 2022, and (2)
terminate on the date it submits the report or January 1, 2022, 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 20 6/4/21
whichever is later.
EFFECTIVE DATE: Upon passage
§ 32 — MUNICIPAL FINE FOR UNREGISTERED VEHICLES
Allows municipalities to impose, by ordinance, a fine of up to $250 on owners of motor
vehicles that are subject to local property tax but not registered with DMV
The bill allows municipalities to impose, by ordinance, a fine of up
to $250 on owners of motor vehicles that are subject to local property
tax in the municipality but are not registered with DMV.
Municipalities may only impose this fine on vehicles eligible for
registration and required to be registered under the state’s motor
vehicle laws.
Under the bill, police officers or anyone authorized by the
municipality’s chief executive officer may issue a citation to any person
who fails to register a motor vehicle. Municipalities imposing the $250
fine must (1) adopt a citation hearing procedure, in accordance with
state law, through which the fine must be imposed and (2) suspend
fines for first-time violators who provide proof that they registered
their vehicle with DMV after the violation but before the fine is
imposed. The bill prohibits municipalities from imposing a penalty for
failing to pay the fine that is more than 25% of the fine.
The bill’s authorization to impose a fee by ordinance applies
regardless of any provisions of the general statutes or a special act,
municipal charter, or ordinance.
§§ 34 & 35 — EMERGENCY VEHICLE DE FINITIONS
Makes several changes to emergency vehicle definitions, including adding certain DEEP
vehicles
The bill modifies the statutory definitions of the terms “emergency
vehicle” and “authorized emergency vehicle” as used in the laws
establishing those vehicles’ rights and motorists’ responsibilities with
respect to them.
Specifically, the bill expands the definition of “emergency vehicle”
to include (1) any ambulance or vehicle operated by an emergency 2021SB-00261-R01-BA.DOCX
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medical service organization member taking a patient to a hospital and
(2) any Department of Energy and Environmental Protection (DEEP)
vehicle operated by an authorized DEEP employee while in the course
of his or her employment and while en route to a fire or responding to
an emergency call, but not returning from a fire or an emergency call.
The bill also removes a public service company or municipal
department ambulance or emergency vehicle designated or authorized
by the DMV commissioner from the definition of “authorized
emergency vehicle” and instead simply specifies that an ambulance is
an authorized emergency vehicle.
EFFECTIVE DATE: Upon passage
§ 36 — ACCESSIBLE PARKING P LACARDS
Enables a parent or guardian of a child of any age with a disability to obtain an accessible
parking placard on the child’s behalf
Current law allows a parent or guardian of a child younger than age
18 with a disability to apply for an accessible parking windshield
placard on the child’s behalf and specifies that DMV must issue a
placard to each parent or guardian who applies up to two placards per
eligible child. The bill eliminates the limitation that the child must be
under age 18.
EFFECTIVE DATE: October 1, 2021
§ 37 — RIGHT-OF-WAY AND BUSES
Requires drivers to yield the right-of-way to a bus traveling in the same direction when
the bus appropriately signals
The bill requires drivers to yield the right-of-way to a bus traveling
in the same direction when the bus appropriately signals (i.e., by using
a hand and arm, signal lamp, or mechanical signal device) to reenter
the flow of traffic. A violation is an infraction.
EFFECTIVE DATE: October 1, 2021
§ 38 — SCHOOL BUS EQUIPMENT
Allows school buses to be equipped with an extended stop arm 2021SB-00261-R01-BA.DOCX
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The bill allows school buses to be equipped with an extended stop
arm. Under the bill, an “extended stop arm” is a device attached to a
stop semaphore that when activated displays a stop sign and extends
between three and six feet from the left side of a school bus.
EFFECTIVE DATE: October 1, 2021
§ 39 — INSURANCE COMPANY PO SSESSION OF VEHICLES
Makes changes related to salvage titles and powers of attorney needed to transfer vehicles
that are total losses
The bill creates a process for insurance companies that take
possession of a vehicle as a result of a damage or theft claim settlement
to apply to DMV for certain title documents if they are unable to
obtain them from the insured or lienholder. The companies may
specifically apply for regular, SALVAGE, or SALVAGE-PARTS ONLY
title certificates. (By law, if a vehicle has been declared a total loss and
offered for sale by certain insurance entities, the title certificates must
be stamped with (1) “SALVAGE” or (2) “SALVAGE-PARTS ONLY” if
the company determines the vehicle has at least 10 major component
parts that are damaged beyond repair and must be replaced.)
Under the bill, applications must be on a DMV commissioner-
prescribed form and include documents the commissioner requires.
They must also include evidence satisfactory to the commissioner that
the company (1) provided at least two notices by certified mail, return
receipt requested, to the insured and any lienholder of record for the
vehicle indicating the company’s intention to apply for a title
certificate as the owner of the vehicle and (2) made payment to the
insured or lienholders in full settlement of the claim involving the
vehicle. The bill prohibits the commissioner from issuing these title
certificates until at least 30 days after the settlement payment is made.
The bill also makes changes to powers of attorney used to support
an insurance company’s application for or transfer of title certificates.
Under existing law, the Connecticut Uniform Power of Attorney Act
generally, with certain exceptions, applies to all powers of attorney
and requires, among other things, a principal’s signature be witnessed 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 23 6/4/21
by two people and acknowledged before a notary, Connecticut-
licensed attorney, or other person authorized to take
acknowledgements (CGS §§ 1-350b & 1-350d). Notwithstanding that
law, the bill requires that a power of attorney used to support an
insurance company’s application for or transfer of title certificate only
needs a signature or electronic signature of the insured who has
received or will receive a total loss settlement from the company.
Additionally, the bill authorizes, rather than requires as under
current law, the DMV commissioner to adopt regulations about these
applications and related law.
EFFECTIVE DATE: October 1, 2021
§ 40 — REPLACEMENT VET ERANS’ PLATES
Establishes a specific fee of $15 for replacing veterans’ plates that become mutilated or
illegible
Under existing law, the DMV commissioner generally must charge a
fee of $20 to replace vehicle plates (CGS § 14-50a(a)). The bill
establishes a specific fee of $15 for replacing veterans’ plates that
become mutilated or illegible.
§ 42 — SCHOOL BUS PASSING V IOLATIONS
Makes changes affecting school bus passing violations based on stop arm camera videos
The bill makes modifications affecting the issuance of school bus
passing violation tickets based on evidence from a school bus violation
detection video monitoring system (i.e., stop arm cameras).
Specifically, it (1) extends, from 10 to 30 days, the deadline for law
enforcement to issue a ticket after a violation is recorded and (2)
removes the requirement for a signed affidavit from the person who
witnessed the violation live.
EFFECTIVE DATE: October 1, 2021
§ 43 — FIRE APPARATUS SALE AND REPAIR
Requires DMV to create a report on compliance with the laws regarding the sale and
repair of fire apparatus
The bill requires the DMV commissioner to study compliance with 2021SB-00261-R01-BA.DOCX
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the laws regarding the sale and repair of fire apparatus in Connecticut
and submit a report with her findings and recommendations to the
Transportation Committee by February 1, 2022. Under the bill, the
study must include:
1. the number of times in the last five years the commissioner
imposed a civil penalty under CGS § 14-51a for violating related
laws or conducted investigations and held hearings under CGS
§ 14-65k on the sale or repair of fire apparatus,
2. the number of times in the last five years the commissioner
requested the attorney general to apply to the Superior Court
for a temporary or permanent restraining order enjoining a
person or entity selling or repairing fire apparatus from
violating related laws (CGS §§ 14-51 to 14-65j),
3. a summary of all complaints received regarding the sale or
repair of fire apparatus, and
4. any recommendations for legislation to ensure fire apparatus
sellers and repairers are properly licensed by DMV.
EFFECTIVE DATE: Upon passage
§ 44 — COMMERCIAL DRIVER’S LICENSE TESTING
Requires the DMV commissioner to verify that certain CDL applicants have undergone
specific entry level training before administering particular tests
Under current law, the DMV commissioner must not issue a
commercial driver’s license (CDL) unless the person has, among other
things, passed a knowledge and skills test that complies with specific
minimum federal standards. Beginning February 7, 2022, the bill
requires the commissioner to not administer a (1) CDL skills test to a
person who is applying for or upgrading to a class A or class B CDL or
applying for a “P” or “S” endorsement or (2) CDL knowledge test to a
person who is applying for an “H” endorsement, until the
commissioner has verified with the Federal Motor Carrier Safety
Administration that the person has undergone the entry level driver
training required under federal regulations. The bill provides that 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 25 6/4/21
these requirements do not apply to anyone exempt under federal
regulations.
EFFECTIVE DATE: October 1, 2021
§ 45 — ORGAN AND TISSUE DON ORS INFORMATION
Requires DMV and DAS to provide certain organ and tissue procurement organizations
with information on individuals holding instruction permits who wish to be donors
By law, the DMV and Department of Administrative Services
commissioners must enter into an agreement with at least one organ
and tissue procurement organization to provide the organization
access to information on driver’s license and identity card holders who
intend to be donors. The bill requires the departments to also provide
the procurement organization with information on individuals holding
instruction permits who wish to be donors.
EFFECTIVE DATE: October 1, 2021
§ 46 — CATALYTIC CONVERTER SALES
Prohibits motor vehicle recyclers from receiving a vehicle’s catalytic converter without
proof of ownership
The bill prohibits motor vehicle recyclers from receiving a vehicle’s
catalytic converter unless the seller provides proof that he or she owns
the vehicle or is an authorized agent of the vehicle’s owner. The bill
also requires motor vehicle recyclers to maintain copies of the proof
with their records. By law, their records must be available for
inspection by the DMV, State Police, and any organized local police
department.
EFFECTIVE DATE: October 1, 2021
§ 47 — DRIVE ONLY LICENSES
Allows drive only license applicants to use photocopies and other noncertified documents
as proof of residency and modifies the fees for drive only licenses
By law, applicants for any driver’s license must, among other
things, submit proof of residency in the state. The bill allows drive
only license applicants to use photocopies, notarized photocopies, or
noncertified documents as proof of residency, conforming to current 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 26 6/4/21
department practice for other types of licenses.
The bill also specifies the fees for these licenses. By law, original
drive only licenses must expire three to six years after the date of
issuance and may be renewed every three years afterwards. In
practice, DMV currently charges $72 for both original and renewal
licenses. The bill specifies that the fee for (1) an original drive only
license is $72 for a six-year period, or a prorated amount for shorter
periods and (2) a renewal license is $36 dollars. These fees are
proportional to existing driver’s license fees.
§ 48 — DMV WAIT TIME REPORT
Modifies DMV’s reporting centered on wait times at department offices to align with the
department’s shift to online services and an appointment system
Under current law, DMV must submit monthly and annual reports
to the Transportation Committee on wait times at department offices.
The bill eliminates the monthly reporting requirement and modifies
the content that must be included in its annual report, aligning the
report with the department’s shift to online services and an
appointment system for in-person services.
Under current law, DMV must report annually to the
Transportation committee, (1) identifying specific goals for acceptable
wait times at its offices, (2) summarizing steps it took in the previous
year to achieve those goals, and (3) including a strategy to achieve or
exceed those goals in the coming year. Under the bill, DMV must
instead, by February 1, 2022, and annually thereafter, submit a report
that includes the following from the preceding year:
1. the average number of days between the date a person
scheduled an appointment on DMV’s website and the date of
the scheduled appointment,
2. a list of the transactions that were available to be conducted by
scheduling an appointment on DMV’s website,
3. a list of the transactions that were available to be conducted on
the DMV’s website, 2021SB-00261-R01-BA.DOCX
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4. the number of transactions conducted on DMV’s website, and
5. a summary of DMV’s efforts to increase the types of
transactions available to be conducted on its website.
The bill also eliminates the specific authorization for the committee to
hold a public hearing within 30 days of receiving the annual report,
and a requirement that the DMV commissioner, or her designee, testify
at the hearing.
§ 49 — LICENSE PLATES FOR V ETERANS AND ARMED FO RCES
MEMBERS WITH WARTIME SERVICE
Requires DMV to issue special license plates indicating service during a “period of war”
to any veteran or armed forces member who requests them and received a campaign medal
The bill requires DMV to issue special license plates indicating
service during certain statutorily-defined periods of war (see below) at
the request of any veteran or armed forces member who received a
campaign medal. The request must be accompanied by proof from the
Department of Veterans Affairs (DVA) that the requestor served in the
armed forces during a qualifying period of war.
The plates must be designed in consultation with the veterans
affairs commissioner and bear the words “(Name of War) Veteran.”
They may not be used for any purpose other than official license
plates. The DMV commissioner must charge an additional fee for the
plates that covers the plate’s entire production costs. The plates expire
and must be renewed in the same manner as other existing license
plates.
Under the bill, a veteran’s or armed forces member’s surviving
spouse may retain the plates for his or her lifetime or until her or she
remarries. If an armed forces member is dishonorably discharged, he
or she must return the plates to DMV within 30 days after his or her
discharge date. The bill prohibits DMV from renewing plates for
vehicles owned or leased by armed forces members who are
dishonorably discharged.
Definitions 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 28 6/4/21
Under the bill, a “veteran” is anyone who was (1) honorably
discharged or released from active service in the armed forces or (2)
discharged under conditions other than dishonorable or for bad
conduct and has a qualifying condition (i.e., a diagnosis of post-
traumatic stress disorder or traumatic brain injury or a disclosed
military sexual trauma) (CGS § 27-103).
The table below shows the qualifying periods of war for which
DMV must issue special license plates.
Table 2: Periods of War
Operation Dates
World War II 12/07/41-12/31/46
Korean War 06/27/50-01/31/55
Lebanon Conflict 07/01/58-11/01/58 or
09/29/82-03/30/84
Vietnam Era 02/28/61-07/01/75
Grenada Invasion 10/25/83-12/15/83
Operation Earnest Will (escort of
Kuwaiti tankers flying U.S. flag in
Persian Gulf)
07/24/87-08/01/90
Panama Invasion 12/20/89-01/31/90
Persian Gulf War 08/02/90 until a date prescribed by
the President or law
EFFECTIVE DATE: January 1, 2022
§ 50 — FEE WAIVER FOR VETER ANS
Allows the DMV commissioner to waive driver’s license or identity card renewal or
duplicate fees for certain veterans attending specific events
The bill authorizes the DMV commissioner to waive driver’s license
and identity card renewal or duplication fees for certain veterans while
attending a one-day event that offers services, supplies, or assistance to
veterans and is hosted by the DVA.
Under the bill, a “veteran” is (1) anyone honorably discharged or
released from active service in the U.S. Armed Forces or their reserve 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 29 6/4/21
components, including the Connecticut National Guard performing
duty under Title 32 of the U.S. Code (e.g., certain Homeland Security
missions); (2) any former service member entitled to military
retirement pay under federal law, regardless of age (10 U.S.C. ch.
1223); or (3) anyone discharged under conditions other than
dishonorable or for bad conduct that has a qualifying condition (i.e., a
diagnosis of post-traumatic stress disorder or traumatic brain injury or
a disclosed military sexual trauma). Additionally, to qualify for a
waiver under the bill, the person or member must have verification
from the DVA that he or she is a veteran.
§§ 52-65 — PEER-TO-PEER (P2P) CAR SHARING
Imposes regulatory requirements on P2P car sharing, principally concerning insurance,
and requires DRS to issue guidance on the sales and use tax treatment of P2P car sharing
The bill imposes regulatory requirements on peer-to-peer (P2P) car
sharing companies (e.g., Turo and Getaround) and on individuals who
share their vehicles through the companies’ car sharing platforms (i.e.,
P2P car sharing).
The bill establishes insurance requirements for P2P car sharing,
including requiring P2P car sharing companies to:
1. ensure that vehicle owners and drivers participating in P2P car
sharing are covered under a primary insurance policy that
meets minimum requirements and recognizes that the vehicle is
available on a car sharing platform and
2. provide coverage for claims if a vehicle owner’s or driver’s
policy has lapsed.
The bill establishes certain consumer protections, including (1)
requiring shared vehicle owners to repair their vehicles when they
receive safety recall notices and (2) requiring P2P companies to
disclose certain information to shared vehicle owners and drivers. It
also addresses liens, vicarious liability, driver’s license verification,
and responsibility for equipment.
The bill also requires the Department of Revenue Services to issue 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 30 6/4/21
guidance on the applicability of the sales and use tax to P2P car
sharing by December 1, 2021 (§ 65).
Under the bill, a P2P car sharing company is prohibited from
allowing P2P car sharing at Bradley International Airport unless it
enters into an agreement with the Connecticut Airport Authority
(CAA). CAA may charge and collect reasonable fees from a P2P
company for the privilege of operating P2P car sharing at the airport (§
64).
EFFECTIVE DATE: January 1, 2022, except that the provision on
DRS guidance is effective upon passage.
P2P Car Sharing Definitions (§ 52)
Car Sharing Agreements. The bill defines P2P car sharing as the
authorized use of a “shared vehicle” for consideration by a person
other than the “shared vehicle owner” through a car sharing platform.
A “car sharing platform” is a physical or electronic place that allows
a shared vehicle owner to make a shared vehicle available for P2P car
sharing and connect a shared vehicle owner with a shared vehicle
driver. It includes a store, booth, catalog, website, or dedicated
software application.
A “P2P car sharing company” is any person, corporation, limited
partnership, or other legal entity that operates a car sharing platform
to enable P2P car sharing in Connecticut. P2P car sharing companies
exclude motor vehicle rental or leasing companies.
Shared Vehicles. Under the bill, a “shared vehicle” is a vehicle that
is available for sharing on a car sharing platform. It excludes passenger
motor vehicles used by licensed rental companies for rental purposes.
A “shared vehicle owner” is the shared vehicle’s registered owner
or a person or entity the registered owner designates. A “shared
vehicle driver” is a person authorized by the shared vehicle owner to
drive the shared vehicle under a car sharing agreement. 2021SB-00261-R01-BA.DOCX
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Car Sharing Agreements. The bill defines “car sharing agreement”
as the terms and conditions applicable to a shared vehicle owner and a
shared vehicle driver governing a shared vehicle’s use. The bill also
defines the following, which are related to terms and conditions
included in agreements:
1. “car sharing period,” which is the time period that begins at the
“car sharing delivery period” or, if there is no such period, at
the “car sharing start time” and ends at the “car sharing
termination time”;
2. “car sharing delivery period,” which is the time period during
which a shared vehicle is being delivered to the location of the
“car sharing start time,” if applicable, as documented by the car
sharing agreement; and
3. “car sharing start time” which is the time when a shared vehicle
driver takes possession and control of the shared vehicle at or
after the time the shared vehicle reservation is scheduled to
begin under a car sharing agreement.
Under the bill, the “car sharing termination time” is whenever one
of the following events occurs:
1. the time period established under a car sharing agreement for
using a shared vehicle expires, if the shared vehicle is delivered
to the location agreed upon in the agreement;
2. the shared vehicle is returned to a location the shared vehicle
owner and shared vehicle driver alternatively agree on as
communicated through a car sharing platform and incorporated
into the car sharing agreement; or
3. the shared vehicle owner or the shared vehicle owner's
authorized designee takes possession and control of the shared
vehicle.
Insurance Provisions (§§ 53, 55, 56, 58 & 59) 2021SB-00261-R01-BA.DOCX
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Assumption of Liability (§ 53(a) & (b)). The bill requires P2P car
sharing companies to assume a shared vehicle owner’s liability for
bodily injury or property damage to third parties, or uninsured or
underinsured motorist or personal injury protection losses, during the
car sharing period in the amount stated in the car sharing agreement. It
must be for at least as much as the state’s minimum auto insurance
coverage amounts (see BACKGROUND).
However, the bill exempts P2P car sharing companies from
assuming this liability when a shared vehicle owner (1) makes an
intentional or fraudulent material misrepresentation or omission to the
company or on the car sharing platform before the car sharing period
in which the liability arose or (2) acts in concert with a shared vehicle
driver who fails to return the shared vehicle pursuant to the car
sharing agreement.
Required Coverage (§ 53 (c), (d), (f) & (h)). The bill requires P2P
car sharing companies to ensure that, during each car sharing period,
the shared vehicle owner and the shared vehicle driver are insured
under an auto insurance policy that:
1. provides insurance coverage in at least the minimum amounts
required by law for auto insurance policies and
2. either (a) recognizes that the shared vehicle insured under the
policy is made available and used through a car sharing
platform or (b) does not exclude the use of a shared vehicle by a
shared vehicle driver.
The required insurance coverage may be maintained by a shared
vehicle owner, a shared vehicle driver, a P2P car sharing company, or
all three.
If a claim occurs in another state that requires higher minimum auto
insurance coverage than Connecticut does, then the insurance policy
must provide coverage to satisfy the minimum amounts required by
the other state up to the applicable policy limits. 2021SB-00261-R01-BA.DOCX
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The bill prohibits coverage under the P2P car sharing company’s
auto insurance policy from being contingent on another auto insurance
company first denying a claim or requiring an initial claim denial.
Primary Liability (§ 53(e)). The insurance required under the bill
must assume primary liability for a claim:
1. during each car sharing period;
2. when there is a dispute over who controlled the shared vehicle
at the time of loss and the P2P car sharing company did not
retain or fails to provide records on the vehicle’s use (see
below); or
3. when there is a dispute over whether the shared vehicle was
returned to the alternatively agreed upon location, as
communicated through the car sharing platform and
incorporated into the car sharing agreement.
Lapsed Policies (§ 53(g)). If a shared vehicle owner’s or shared
vehicle driver’s auto insurance policy has lapsed or does not provide
the required coverage, the bill requires that the P2P car sharing
company’s policy provide the coverage from the first dollar of the
claim. The insurance company issuing the P2P car sharing company’s
policy has the duty to defend a claim, except under certain
circumstances (see “assumption of liability,” above).
Other Provisions (§ 53(i)). The bill provides that nothing in its
insurance provisions limits the P2P car sharing company’s:
1. liability for any act or omission that results in bodily injury to
any person as a result of using a shared vehicle through a car
sharing platform or
2. ability to contract for indemnification from the shared vehicle
owner or the shared vehicle driver for economic loss the
company sustains due to a breach of the car sharing
agreement’s terms and conditions. 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 34 6/4/21
Insurable Interest (§ 59). Under the bill, a P2P car sharing
company has an insurable interest in the shared vehicle during the car
sharing period. However, the bill specifies that this provision does not
make the P2P car sharing company liable for failure to maintain the
bill’s required coverage.
A P2P car sharing company may own and maintain, as the named
insured, one or more automobile liability insurance policies that covers
(1) liability assumed by the P2P car sharing company under a car
sharing agreement, (2) any liability of the shared vehicle owner, (3)
damage or loss to the shared vehicle, or (4) any liability of the shared
vehicle driver.
Exclusions of P2P Car Sharing in Auto Policies (§ 55). The bill
explicitly allows insurance companies offering auto insurance policies
in the state to offer policies that exclude any or all coverage and the
duty to defend or indemnify any claim afforded under a shared
vehicle owner’s liability insurance policy. The exclusions may include
(1) liability coverage for bodily injury and property damage, (2)
personal injury protection coverage, (3) uninsured and underinsured
motorist coverage, (4) medical payments coverage, (5) comprehensive
physical damage coverage, or (6) collision physical damage coverage.
The bill specifies that nothing in the provision allowing these
exclusions (1) invalidates or limits an exclusion in an auto liability
insurance policy, including any policy that excludes coverage for
motor vehicles made available for rent, sharing, hire or business use or
(2) invalidates, limits, or restricts an insurance company that offers
automobile liability insurance coverage to underwrite, cancel, or not
renew an insurance policy.
Right to Seek Recovery (§ 58). Under the bill, an insurance
company that defends or indemnifies a claim against a shared vehicle
owner that is excluded under the terms of its auto insurance policy has
the right to seek recovery against the P2P car sharing company’s
insurance company if the claim is (1) made against the shared vehicle
owner or shared vehicle driver for loss or injury that occurs during the 2021SB-00261-R01-BA.DOCX
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car sharing period and (2) excluded under the policy’s terms.
Records (§ 56). The bill requires P2P car sharing companies to
collect and verify records pertaining to a shared vehicle’s use,
including (1) the times used, (2) location of the car sharing start time
and car sharing termination time, (3) car sharing period fees paid by
the shared vehicle driver, and (4) revenue received by the shared
vehicle owner. The company must retain the records for a time period
not less than the applicable personal injury statute of limitations (i.e.,
two years from the date when the injury is first sustained or
discovered or in the exercise of reasonable care should have been
discovered (CGS § 52-584)).
P2P car sharing companies must provide these records at the
following times:
1. upon request to the shared vehicle owner, the shared vehicle
owner’s insurance company, or the shared vehicle driver’s
insurance company to facilitate a claim coverage investigation,
settlement, negotiation, or litigation or
2. as required under an agreement with the CAA for airport
access.
Notice Regarding Liens (§ 54)
The bill requires P2P car sharing companies to notify shared vehicle
owners that, if the shared vehicle has a lien against it, the use of a
shared vehicle through a car sharing platform (including without
physical damage coverage) may violate the terms of a contract with the
lien holder. The company must provide this notice when the vehicle
owner registers with the P2P car sharing company as a shared vehicle
owner but before the shared vehicle is made available on the car
sharing platform.
Vicarious Liability (§ 57)
The bill exempts P2P car sharing companies and shared vehicle
owners from vicarious liability, in accordance with the federal Graves
Amendment (see BACKGROUND) , under any state law or municipal 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 36 6/4/21
ordinance that imposes liability solely based on vehicle ownership.
Required Disclosures (§ 60)
The bill requires that car sharing agreements, at a minimum,
disclose the following to a shared vehicle owner and shared vehicle
driver:
1. the P2P car sharing company’s right to seek indemnification
from the shared vehicle owner or the shared vehicle driver for
any economic loss it sustains from a breach of the car sharing
agreement’s terms and conditions;
2. that the shared vehicle owner’s auto insurance policy for the
shared vehicle or the shared vehicle driver’s auto policy does
not provide a defense or indemnification for any claim asserted
by the P2P car sharing company;
3. that the P2P car sharing company’s insurance coverage on the
shared vehicle owner and the shared vehicle driver is in effect
only during the car sharing period and that, if the shared
vehicle driver uses the shared vehicle after the car sharing
termination time, the shared vehicle driver and the shared
vehicle owner may not have insurance coverage;
4. the daily rate, fees and, if applicable, any insurance or
protection package costs that are charged to the shared vehicle
owner or the shared vehicle driver;
5. that the shared vehicle owner’s auto insurance may not provide
coverage for a shared vehicle;
6. an emergency telephone number to personnel capable of
answering calls for roadside assistance and other customer
service inquiries; and
7. if there are conditions under which a shared vehicle driver must
maintain an auto insurance policy with certain applicable
coverage limits on a primary basis to book a shared vehicle. 2021SB-00261-R01-BA.DOCX
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Driver’s License Verification (§ 61)
The bill prohibits P2P car sharing companies from entering into a
car sharing agreement with a shared vehicle driver unless the driver
holds a driver’s license authorizing him or her to operate a vehicle of
the same class as the shared vehicle. P2P companies must keep a
record of the shared vehicle driver’s name, address, and driver’s
license number and place of issuance.
Responsibility for Equipment (§ 62)
Under the bill, a P2P car sharing company is responsible for any
equipment (e.g., GPS systems) that is put in or on the shared vehicle to
monitor or facilitate the car sharing transaction. The company must
indemnify and hold harmless shared vehicle owners for any
equipment damage or theft during the car sharing period unless the
owner caused it. The P2P company has the right to seek
indemnification from the shared vehicle driver for any equipment loss
or damage that occurs during the car sharing period.
Recalls (§ 63)
The bill requires shared vehicle owners, when they receive notice of
a safety recall for their shared vehicle, to get the required repairs made
before making the vehicle available on a P2P car sharing platform. If
the shared vehicle is already available on a car sharing platform when
a shared vehicle owner receives a recall notice, he or she must remove
the vehicle as soon as possible and keep it off until repairs are made. It
the shared vehicle owner receives a recall notice during the car sharing
period, the owner must notify both the P2P car sharing company and
the shared vehicle driver.
The bill requires P2P car sharing companies to (1) verify that a
shared vehicle is not subject to a safety recall for which repairs have
not been made and (2) notify shared vehicle owners of their
obligations related to recalls. The company must do this when the
shared vehicle owner registers a shared vehicle with the company but
before the shared vehicle is available on the car sharing platform.
§ 66 — STATE AND MUNICIPAL CONTRACT ELIGIBILITY 2021SB-00261-R01-BA.DOCX
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Repeals a provision that required a specific number of inspections of certain trucking
companies and commercial motor vehicle drivers in order to make them ineligible for state
or municipal contracts
The bill repeals a statute that prohibited certain trucking companies
and commercial motor vehicle drivers from being found ineligible for
state or municipal contracts based on the results of safety inspections,
unless at least 10 safety inspections of the company’s or driver’s
vehicle had been conducted during the 24 months before the contract’s
starting date.
EFFECTIVE DATE: Upon passage
BACKGROUND
Minimum Auto Insurance Requirements
Connecticut law requires a driver to maintain a minimum amount
of auto insurance, including liability and uninsured and underinsured
motorist (UI/UM) coverage. The law requires minimum coverage of
$25,000 per person and $50,000 per accident for bodily injury and
$25,000 per accident for property damage (CGS §§ 38a-335 and 14-
112(a)). UI/UM coverage covers bodily injury to the vehicle owner,
relatives living with the owner, and passengers injured in an accident
caused by (1) an uninsured driver, (2) a driver whose bodily injury
liability limits are insufficient, or (3) a hit-and-run driver. The law
requires at least $25,000 per person and $50,000 per accident (CGS §
38a-336).
Federal Graves Amendment
The Graves Amendment (49 U.S.C. § 30106) protects car rental
companies from vicarious liability claims by providing that a rental
company cannot be held liable under state law for damages or injuries
that occur during the rental period simply because the company owns
the vehicle. The amendment does not protect companies from
negligence or criminal wrongdoing. (A Connecticut law making
companies liable for such damages (CGS § 14-154a) is preempted by
the Graves Amendment.)
Related Bills 2021SB-00261-R01-BA.DOCX
Researcher: GM Page 39 6/4/21
sHB 6569, reported favorably by the Transportation Committee,
contains substantially similar provisions on the motor vehicle
registration task force and municipal fines for unregistered vehicles.
sSB 982, reported favorably by the Transportation Committee,
contains similar provisions on accessible parking placards, right-of-
way and buses, school bus equipment, insurance company possession
of vehicles, replacement veterans’ plates, school bus passing violations,
fire apparatus sale and repair, CDL testing, organ and tissue donors
information, and catalytic converter sales.
sHB 6568, reported favorably by the Transportation Committee and
passed by the House as amended by House Amendment “A,” contains
nearly identical provisions on the regulation of P2P car sharing.
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea 34 Nay 0 (03/03/2021)