O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-20—sSB 608
Transportation Committee
AN ACT CONCERNING TH E SAFETY OF CHILDREN WHEN BUYING
ICE CREAM FROM A FRO ZEN DESSERT TRUCK
SUMMARY: This act 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 where a vendor may operate a truck
and the conditions under which he or she may do so.
The act 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 act requires the Department of Motor Vehicles (DMV) to post on its
website information about the act’s equipment requirements and truck operating
rules and requires that a link to the site be included on applications for certain
permits that ice cream trucks may need to obtain.
It also requires drivers, when approaching or overtaking an ice cream truck
displaying flashing lights and extending its stop signal and crossing arms, 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.
A first violation of the act’s safety equipment or operating requirements,
including those for drivers passing ice cream trucks, is an infraction (see Table on
Penalties). The act 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 police officers to
issue only warnings for ice cream truck operating rule violations or ice cream
truck passing violations.
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 act requires ice cream trucks to have (1) signal
lamps, (2) a stop signal arm, (3) a front crossing arm, and (4) a convex mirror. It O L R P U B L I C A C T S U M M A R Y
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also establishes specifications for the required equipment and requires ice cream
truck drivers to use the equipment as the act prescribes.
Under the act, a first violation of the act’s equipment or equipment use
requirements is an infraction. Subsequent violations are punishable by a fine of
$100 to $500.
The act also makes a conforming change (§ 9).
Signal Lamps
Under the act, ice cream trucks must have signal lamps mounted at the same
level and as high and 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 act 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 truck’s side. The side farthest from the truck
must be 18 inches long and parallel to the truck’s nearest side. 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 on 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.
Front Crossing Arm
Under the act, 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 covered with a yellow or
white reflective material.
The front crossing arm must (1) extend between four and six feet parallel to O L R P U B L I C A C T S U M M A R Y
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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 act 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 act’s equipment requirements apply beginning May 1, 2022. However, it
also applies an additional safety requirement from September 1, 2021, through
April 30, 2022, to trucks that operate without this safety equipment.
Specifically, the act 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 need to cross the road in order to approach the truck. This restriction does
not apply if an adult physically escorts the child to the truck. Violations of this
operating rule are infractions.
Use of Equipment
The act 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, or once the ice cream truck is equipped
as the act requires, whichever is earlier.
The act 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 act requires people vending from ice cream trucks to do so (1) when the
truck is lawfully parked or stopped, (2) from the side of the truck that is facing
away from moving vehicular traffic, and (3) as close as practical to the curb or
edge of the road.
The act 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 faster than 25 mph or (b) that are less than
100 feet from an intersection with a road with a speed limit faster than 25
mph, unless otherwise authorized by a local traffic authority (LTA, see O L R P U B L I C A C T S U M M A R Y
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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 act 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 act allows LTAs to authorize ice cream truck vending on highways with
speed limits up to 35 mph or within 100 feet from an 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 warnings 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 REQUIREMENTS
The act requires DMV, by July 1, 2021, to post on its website information
about the act’s equipment requirements and truck operating rules. Beginning July
15, 2021, the act requires:
1. the Department of Consumer Protection to include a link to this
information 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 to include the
link on their permit applications and on their websites.
§ 1 — FROZEN DESSERTS DEFINED
“Frozen desserts” are ice cream; French or French custard ice cream; frozen
custard; ice milk; frozen dietary dairy dessert, including special dietary dairy
desserts containing nutritive sweeteners; fruit sherbet; water ices; quiescently
frozen, dairy, or whipped cream confection; frozen whipped cream; freezer made
milk shakes; 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 these 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
products.