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OLR Bill Analysis
sSB 608 (File 125, as amended by Senate "A" and "B")*
AN ACT CONCERNING THE SAFETY OF CHILDREN WHEN
BUYING ICE CREAM FROM A FROZEN DESSERT TRUCK.
SUMMARY
This bill establishes safety equipment requirements and operating
rules for ice cream trucks (“frozen dessert trucks”), which are motor
vehicles in which “frozen desserts” are carried for retail sales on a
public road (i.e., highway). The operating rules generally limit the
locations where a vendor may operate a truck and the conditions
under which he or she may do so.
The bill allows a grace period (until May 1, 2022) for ice cream truck
vendors to comply with the equipment requirements, which include
stop signal arms, crossing arms, and signal lights, but imposes an
additional operating restriction during the grace period, starting on
September 1, 2021.
The bill requires the Department of Motor Vehicles (DMV) to post
on its website information about the bill’s equipment requirements
and truck operating rules and requires a link to the site to be included
on applications for certain permits that ice cream trucks may be
required to obtain.
It also requires drivers, when approaching or overtaking an ice
cream truck displaying flashing lights and extending its stop signal
arm and crossing arm, to stop their vehicles at least 10 feet from the
front or back of the truck. After stopping, the driver (1) may proceed
past the truck at a reasonable speed, up to 5 mph, and (2) must yield
the right-of-way to any pedestrian crossing the road to or from the
truck. However, drivers are not required to stop and proceed in this
manner when approaching or overtaking an ice cream truck that is in
another lane separated by a safety island or physical barrier. 2021SB-00608-R01-BA.DOCX
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A first violation of the bill’s safety equipment or operating
requirements, including those for drivers passing ice cream trucks, is
an infraction (see BACKGROUND) . The bill generally establishes
higher penalties for subsequent violations, including a fine of up to
$100 for subsequent ice cream truck passing violations. But from July 1
to September 30, 2021, it requires that police officers issue only
warnings for ice cream truck operating rule violations or ice cream
truck passing violations.
*Senate Amendment “A” (1) eliminates a provision prohibiting
DMV from registering a truck without equipment; (2) establishes
higher penalties for subsequent violations of most of the bill’s
provisions; (3) establishes a period during which only warnings are
issued for certain violations; and (4) requires DMV to post on its
website information about the bill’s equipment requirements and
operating rules.
*Senate Amendment “B” allows a local traffic authority to authorize
ice cream trucks to vend on roads with speed limits up to 35 mph or
within 100 feet from an intersection with a highway with a speed limit
up to 35 mph.
EFFECTIVE DATE: July 1, 2021, except the provision requiring
DMV to post information on its website is effective upon passage.
§§ 3, 4 & 9 — SAFETY EQUIPMENT REQ UIREMENTS
Overview
Beginning May 1, 2022, the bill requires ice cream trucks to be
equipped with (1) signal lamps, (2) a stop signal arm, (3) a front
crossing arm, and (4) a convex mirror. It also establishes specifications
for the required equipment and requires ice cream truck drivers to use
the equipment as the bill prescribes.
Under the bill, first violations of the bill’s equipment requirements
or the equipment use requirements are infractions. Subsequent
violations are punishable by a fine of $100-$500.
The bill also makes a conforming change (§ 9). 2021SB-00608-R01-BA.DOCX
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Signal Lamps
Under the bill, ice cream trucks must have signal lamps mounted at
the same level as high and as widely spaced laterally as is practical.
The signal lamps must (1) be between five and seven inches in
diameter and (2) display two alternately flashing red signal lights
visible at least 500 feet away from the front and rear in normal sunlight
on a straight level road.
Stop Signal Arm
The bill requires ice cream trucks to have a stop signal arm that can
be extended horizontally from the left side of the truck and sets
specifications for the sign.
Measurements. When the arm is extended, the side nearest the
truck must be 7.25 inches long and parallel to the side of the truck. The
side farthest from the truck must be 18 inches long and parallel to the
side nearest the truck. The two sides must be 18 inches apart, creating
a symmetrical, trapezoidal shape. The bottom of the extended arm
must be about 42 inches above the street.
Lights. The signal arm must have two alternately flashing red lights
in the outside corners, and the corners must be rounded to conform
with the shape of the lights. Each light must be between three and five
inches in diameter and visible from at least 300 feet away from the
front and rear in normal sunlight upon a straight level road.
Colors. The signal arm must have a red reflectorized background
with white letters. These colors must conform to the requirements of
the Federal Highway Administration’s Manual on Uniform Traffic
Control Devices.
Words. The sign must bear the words “STOP” “IF SAFE” “THEN
GO.” The word “STOP” must be in the middle of the sign in six-inch-
high letters that are up to four inches long. The phrase “IF SAFE” must
appear above the word “STOP,” and the phrase “THEN GO” must
appear below it. Both phrases must have letters that are two inches
high and up to 1.75 inches in length. 2021SB-00608-R01-BA.DOCX
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Front Crossing Arm
Under the bill, a front crossing arm must be attached to an ice cream
truck’s front bumper, hinged from the truck’s right side, and extend in
conjunction with the stop signal arm. It must be made of durable
material that is covered with a yellow or white reflective material.
The front crossing arm must (1) extend between four and six feet
parallel to the ground when extended outward in front of the truck
and (2) not extend past the width of the truck on the driver’s left side
when retracted against the front of the truck. The bottom of the arm
must be between 16 and 20 inches above the street.
Convex Mirror
The bill requires ice cream trucks to have a convex mirror mounted
on the front of the truck so that the driver can see the front of the truck
that is obscured by the hood from his or her normal seating position.
Grace Period and Additional Restriction
The bill gives ice cream trucks until May 1, 2022, to comply with the
bill’s equipment requirements but imposes an additional safety
requirement, starting September 1, 2021, on trucks that operate
without safety equipment during the grace period.
Specifically, it prohibits drivers of unequipped ice cream trucks
from stopping or parking the truck to vend to a child in any location
where the child would be required to cross the road in order to
approach the truck. However, this restriction does not apply if the
child is physically escorted by an adult.
Under the bill, first and subsequent violations of the bill’s grace
period operating rule are infractions.
Use of Equipment
The bill requires ice cream truck drivers to display signal lights and
extend the stop signal and front crossing arms (1) for at least 50 feet
before stopping to vend, (2) while vending, and (3) until all customers
are safely off the road. This requirement applies starting May 1, 2022, 2021SB-00608-R01-BA.DOCX
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or whenever the ice cream truck is equipped as the bill requires,
whichever is earlier.
The bill prohibits ice cream truck drivers from displaying the lights
or extending the crossing and stop signal arms when the truck is
moving (other than when in the process of stopping to vend) or
stopped for a reason other than vending.
§ 5 — OPERATING RULES FOR VENDORS
The bill requires people vending from ice cream trucks to do so
when the truck is lawfully parked or stopped, and from the side of the
truck that is facing away from moving vehicular traffic and as close as
practical to the curb or edge of the road.
The bill limits the locations where and circumstances under which
an ice cream truck may stop to vend. Specifically, it prohibits a person
from vending from an ice cream truck:
1. on roads (a) with speed limits higher than 25 mph or (b) that are
less than 100 feet from an intersection with a road with a speed
limit higher than 25 mph, unless otherwise authorized by a local
traffic authority (LTA, see below);
2. less than 500 feet from properties used as elementary or middle
schools one hour before and one hour after the regular school
day, unless it is not a school day and the board of education
approves in writing;
3. when he or she does not have a free, unobstructed view of the
road for least 200 feet in both directions from where the truck is
stopped or parked; or
4. to a person standing in the road.
The bill also prohibits (1) stopping on the left side of a one-way road
to vend and (2) backing up an ice cream truck in order to vend.
The bill allows LTAs to authorize ice cream truck vending on
highways with speed limits up to 35 mph or within 100 feet from an 2021SB-00608-R01-BA.DOCX
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intersection with another highway with a speed limit of up to 35 mph.
By law, the entity designated as the LTA varies by town, but may be
the police commission, board of selectman, mayor, town manager,
police chief, or traffic authority (CGS § 14-297(6)).
From July 1 to September 30, 2021, police officers must issue a
warning to operators who violate the above rules. Beginning October
1, 2021, first violations are infractions and subsequent violations are
punishable by a fine of up to $100.
§§ 6-8 — POSTING INFORMATION ON BILL’S REQUIREMENTS
The bill requires DMV, by July 1, 2021, to post on its website
information about the bill’s equipment requirements and truck
operating rules. Beginning July 15, 2021, the bill requires a link to this
information to be shared as follows:
1. the Department of Consumer Protection must include the link
on its website and on the application for a retail manufacturer’s
license to vend from a frozen dessert truck and
2. towns that require ice cream trucks to get peddlers permits
must include the link on their permit applications and on their
websites.
§ 1 — FROZEN DESSERTS DEFI NED
“Frozen desserts” are ice cream; French ice cream; frozen custard;
ice milk; frozen dietary dairy dessert, including special dietary dairy
desserts containing nutritive sweeteners; fruit sherbet; water ices;
quiescently frozen confection, dairy confection, or whipped cream
confection; frozen whipped cream; freezer made milk shakes; French
custard ice cream; nonfruit sherbet; nonfruit water ices; manufactured
dessert mix; frozen confection; mellorine frozen dessert; parevine;
frozen yogurt; freezer made shakes; lo-mel; and dietary frozen desserts
as all such products are commonly known. They also include any mix
used in frozen desserts and any products (1) similar in appearance,
odor, or taste to them, or (2) prepared or frozen as frozen desserts are
customarily prepared or frozen, whether made with dairy or nondairy 2021SB-00608-R01-BA.DOCX
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products.
BACKGROUND
Infractions
Infractions are punishable by fines, usually set by Superior Court
judges, of between $35 and $90, plus a $20 or $35 surcharge and an
additional fee based on the amount of the fine. There may be
additional charges depending on the type of infraction. For example,
certain motor vehicle infractions trigger a Transportation Fund
surcharge of 50% of the fine. With the various additional charges, the
total amount due can be over $300 but often is less than $100.
An infraction is not a crime, and violators can pay the fine by mail
without making a court appearance.
Related Bill
sHB 6566 (File 176), favorably reported by the Committee on
Children, contains substantially similar provisions on ice cream truck
equipment and operating rules and drivers’ responsibility around ice
cream trucks.
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea 35 Nay 0 (03/10/2021)