Substitute Senate Bill No. 608
Public Act No. 21-20
AN ACT CONCERNING THE SAFETY OF CHILDREN WHEN BUYING
ICE CREAM FROM A FROZEN DESSERT TRUCK.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2021) For the purposes of this
section and sections 2 to 6, inclusive, of this act:
(1) "Frozen dessert truck" means a motor vehicle in which frozen
desserts are carried for purposes of retail sale on the highway;
(2) "Vend" means offering frozen desserts for sale from a frozen
dessert truck;
(3) "Frozen desserts" has the same meaning as provided in section
21a-48 of the general statutes; and
(4) "Highway" has the same meaning as provided in section 14-1 of
the general statutes.
Sec. 2. (NEW) (Effective July 1, 2021) (a) Except as provided in
subsection (b) of this section, the operator of a vehicle shall stop such
vehicle not less than ten feet from the front when approaching and not
less than ten feet from the rear when overtaking any frozen dessert truck
on a highway when the frozen dessert truck is displaying flashing red Substitute Senate Bill No. 608
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signal lights and extending the stop signal arm and the front crossing
arm. The operator may then proceed past the frozen dessert truck at a
reasonable and prudent speed, not exceeding five miles per hour, and
shall yield the right-of-way to any pedestrian who crosses the highway
to or from the frozen dessert truck.
(b) The operator of a vehicle on a highway with two or more lanes for
traffic separated by a safety island or physical barrier may proceed
without stopping upon approaching or overtaking a frozen dessert
truck on another lane.
(c) (1) On and after July 1, 2021, and until September 30, 2021, any
person who violates any provision of this section shall receive a
warning.
(2) On and after October 1, 2021, any person who violates any
provision of this section shall, for a first offense, be deemed to have
committed an infraction, and for a subsequent offense, shall be fined not
more than one hundred dollars.
Sec. 3. (NEW) (Effective July 1, 2021) (a) On and after May 1, 2022, each
frozen dessert truck shall be equipped in the following manner:
(1) Signal lamps mounted at the same level and as high and as widely
spaced laterally as practicable. The signal lamps shall be not less than
five and not more than seven inches in diameter and shall display two
alternately flashing red signal lights visible at a distance of not less than
five hundred feet to the front and rear in normal sunlight upon a straight
level highway.
(2) A stop signal arm that can be extended horizontally from the left
side of the frozen dessert truck. When such arm is extended, the side of
such arm nearest the truck shall be seven and one-quarter inches long
and parallel to the side of the truck. The side farthest from the truck shall
be eighteen inches long and parallel to the side nearest the truck. The Substitute Senate Bill No. 608
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two sides shall be eighteen inches apart creating a symmetrical,
trapezoidal shape. Two alternately flashing red lights shall be located in
the outside corners of the extended signal arm and such corners shall be
rounded to conform with the shape of the lights. Each red light shall be
not less than three and not more than five inches in diameter and visible
at a distance of not less than three hundred feet to the front and rear in
normal sunlight upon a straight level highway. Both sides of the signal
arm shall have a red reflectorized background and the following legend:
The word "STOP" shall appear in six-inch-high white letters not to
exceed four inches in length in the middle of the signal arm; above the
word "STOP", the phrase "IF SAFE" shall appear in two-inch-high white
letters not to exceed one and three-fourths inches in length; below the
word "STOP", the phrase "THEN GO" shall appear in two-inch-high
white letters not to exceed one and three-fourths inches in length. The
colors of the background and legend shall conform to the requirements
set forth in the Manual on Uniform Traffic Control Devices for Streets
and Highways published by the Federal Highway Administration, as
amended from time to time. The bottom of the extended signal arm shall
be approximately forty-two inches above the street.
(3) A convex mirror mounted on the front of the frozen dessert truck
so the operator in a normal seating position is capable of seeing the area
in front of the truck that is obscured by the hood.
(4) A front crossing arm attached to the front bumper of the frozen
dessert truck hinged from the truck's right side. The bottom of the front
crossing arm shall be not less than sixteen and not more than twenty
inches above the street. The front crossing arm shall be made of any
durable material covered with a yellow or white reflective material and
shall extend in conjunction with the stop signal arm described in
subdivision (2) of this subsection. When extended outward in front of
the truck, the front crossing arm shall extend not less than four and not
more than six feet parallel to the ground. When retracted against the Substitute Senate Bill No. 608
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front of the truck, the front crossing arm shall not extend past the width
of the truck on the operator's left side.
(b) Any person who operates a frozen dessert truck without
equipping such truck as required by subsection (a) of this section shall,
for a first offense, be deemed to have committed an infraction, and for a
subsequent offense, shall be fined not less than one hundred dollars and
not more than five hundred dollars.
(c) On and after September 1, 2021, and until April 30, 2022, a person
operating a frozen dessert truck shall not stop or park the truck to vend
to a child in any location where the child would be required to cross the
highway to approach the frozen dessert truck. The provisions of this
subsection shall not apply if (1) a child is physically escorted by an adult,
or (2) a frozen dessert truck is equipped as required by subsection (a) of
this section. Any person who operates a frozen dessert truck in violation
of the provisions of this subsection shall have committed an infraction.
Sec. 4. (NEW) (Effective July 1, 2021) (a) On and after May 1, 2022, or
when a frozen dessert truck is equipped as required by subsection (a) of
section 3 of this act, whichever is earlier, the operator of any frozen
dessert truck shall display flashing red signal lights and extend the stop
signal arm and the front crossing arm (1) for not less than fifty feet before
the operator brings the frozen dessert truck to a stop to vend, (2) while
vending, and (3) until all customers are safely off the highway.
(b) The operator of any frozen dessert truck shall not display the
flashing red signal lights or extend the stop signal arm and the front
crossing arm when the frozen dessert truck is in motion, except as
provided in subdivision (1) of subsection (a) of this section, or stopped
for a purpose other than vending.
(c) Violation of any provision of this section shall, for a first offense,
be deemed to have committed an infraction, and for a subsequent Substitute Senate Bill No. 608
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offense, shall be fined not less than one hundred dollars and not more
than five hundred dollars.
Sec. 5. (NEW) (Effective July 1, 2021) (a) Except as provided in
subsection (b) of this section, no person shall vend from a frozen dessert
truck that is stopped or parked on any highway:
(1) When the posted speed limit on such highway is greater than
twenty-five miles per hour;
(2) When such highway is less than one hundred feet from an
intersection with another highway that has a posted speed limit greater
than twenty-five miles per hour;
(3) Located less than five hundred feet from any property used as an
elementary or middle school, one hour before and one hour after the
regular school day, unless that day is not a school day and the local or
regional board of education approves such vending in writing;
(4) When such person does not have a free and unobstructed view for
at least two hundred feet in both directions of the highway where the
frozen dessert truck is stopped or parked; or
(5) To a person standing in the highway.
(b) A local traffic authority, as defined in section 14-297 of the general
statutes, may authorize vending from a frozen dessert truck that is
stopped or parked on a highway (1) that has a posted speed limit not
greater than thirty-five miles per hour, or (2) that is less than one
hundred feet from an intersection with another highway that has a
posted speed limit not greater than thirty-five miles per hour.
(c) No person shall (1) stop on the left side of a one-way highway to
vend, or (2) back up a frozen dessert truck to vend or attempt to vend.
(d) A person shall vend (1) when the frozen dessert truck is lawfully Substitute Senate Bill No. 608
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stopped or parked, and (2) from the side of the frozen dessert truck
facing away from moving vehicular traffic and as close as practicable to
the curb or edge of the highway.
(e) (1) On and after July 1, 2021, and until September 30, 2021, any
person who violates any provision of this section shall receive a
warning.
(2) On and after October 1, 2021, any person who violates any
provision of this section shall, for a first offense, be deemed to have
committed an infraction, and for a subsequent offense, shall be fined not
more than one hundred dollars.
Sec. 6. (NEW) (Effective from passage) Not later than July 1, 2021, the
Commissioner of Motor Vehicles shall publish on the Internet web site
of the Department of Motor Vehicles information concerning (1) the
equipment required of a frozen dessert truck pursuant to subsection (a)
of section 3 of this act, and (2) the operation of and vending from a
frozen dessert truck as specified in subsection (c) of section 3 of this act
and sections 4 and 5 of this act.
Sec. 7. Section 21a-51 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Each manufacturer of frozen desserts and frozen dessert mix for
sale in this state shall file with the Commissioner of Consumer
Protection an application for a license, upon a form prescribed by the
commissioner. The application shall show the location of each plant at
which frozen desserts and frozen dessert mix are to be manufactured
and the name of the brand or brands, if any, under which the same are
to be sold. The license period shall be for twelve months.
(b) On and after July 15, 2021, the commissioner shall include the link
to the Internet web site published by the Commissioner of Motor
Vehicles pursuant to section 6 of this act on (1) the application for a Substitute Senate Bill No. 608
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license for a retail manufacturer to vend from a frozen dessert truck, as
defined in section 1 of this act, and (2) the Internet web site of the
Department of Consumer Protection.
Sec. 8. Section 21-37 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2021):
(a) Any town may make reasonable ordinances with reference to the
vending or hawking upon its public streets or upon any state highway,
except limited access highways, within such town or any land abutting
such streets or highways of any goods, wares or other merchandise at
public or private sale or auction, or to the vending or peddling of such
articles from house to house within its limits, including the imposition
of a fee, not exceeding two hundred dollars a year, applicable with
respect to any person engaged in such vending, hawking or peddling,
for the privilege of so vending, hawking or peddling such merchandise.
Any ordinance adopted pursuant to this section which requires a permit
may require that no such permit shall be issued to any person who has
not obtained a permit to engage in or transact business as a seller within
the state in accordance with section 12-409 and shall require that any
permit issued pursuant to such ordinance shall be conspicuously
displayed at the place the activities are undertaken. Such ordinances
may provide that the authority issuing such permit may waive the
permit fee for a nonprofit organization exempt from federal taxation by
Section 501 of the Internal Revenue Code of 1986, or any subsequent
corresponding internal revenue code of the United States, as from time
to time amended, or a charitable organization. No town shall require a
permit fee from any resident of this state who has resided within the
state for a period of two years next preceding the date of application for
such permit, who is (1) a veteran who served in time of war, as defined
in section 27-103, (2) a hawker or peddler, [as defined in section 21-36,]
and (3) a principal pursuant to section 21-36.
(b) On and after July 15, 2021, any town that requires a person seeking Substitute Senate Bill No. 608
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to operate a frozen dessert truck within the limits of such municipality
to obtain a permit pursuant to subsection (a) of this section shall include
the link to the Internet web site published by the Commissioner of
Motor Vehicles pursuant to section 6 of this act on (1) the application for
such permit, and (2) the Internet web site of the municipality. For the
purposes of this subsection, "frozen dessert truck" has the same meaning
as provided in section 1 of this act.
(c) This section shall not apply to sales by farmers and gardeners of
the produce of their farms, gardens and greenhouses, including fruit,
vegetables and flowers, or to the sale, distribution and delivery of milk,
teas, coffees, spices, groceries, meats and bakery goods, to sales on
approval, to conditional sales of merchandise, or to the taking of orders
for merchandise for future delivery when full payment is not required
at the time of solicitation. Nothing in this section shall be construed to
limit in any manner the Commissioner of Transportation's statutory
authority concerning state highways. Nothing in this section shall be
construed as empowering any municipality to prohibit, regulate, control
or impose a fee on any person operating any business on any state
highway or land abutting any state highway pursuant to a contract with
the state.
Sec. 9. Subsection (b) of section 14-96p of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2021):
(b) Except as provided in section 14-96q, flashing lights are prohibited
on motor vehicles, except: (1) Red and yellow lights when used for the
purpose of receiving or discharging students on school buses; (2) white
lights that are located on the top rear of school buses; (3) when such
lights are used as a means for indicating a right or left turn; [or] (4) when
such lights are used in any manner to indicate (A) a disabled vehicle that
is stopped in a hazardous location on the highway, or in close proximity
thereto, (B) a motor vehicle that is unable to maintain the minimum Substitute Senate Bill No. 608
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speed of forty miles per hour on a limited access divided highway
because of the grade of such highway, (C) a motor vehicle that is
operating at such slow speed as to obstruct or endanger following traffic
on any highway, or (D) a student transportation vehicle, as defined in
section 14-212, accommodating fifteen or fewer students with
disabilities that is receiving or discharging such students; or (5) red
lights when used by a frozen dessert truck pursuant to section 4 of this
act. For the [purpose] purposes of this subsection, [the term] "students
with disabilities" means students who have intellectual disability,
autism spectrum disorder, mental disability, visual impairment,
blindness, deafness, speech impairment or orthopedic impairment, who
are hard of hearing or who have another health impairment who, by
reason thereof, require special education and related services, and
"frozen dessert truck" has the same meaning as provided in section 1 of
this act.