Researcher: HP Page 1 4/11/22
OLR Bill Analysis
sHB 5255
AN ACT CONCERNING RECOMMENDATIONS BY THE
DEPARTMENT OF TRANSPORTATION.
TABLE OF CONTENTS:
SUMMARY
§§ 1 & 2 — OPEN CONTAINERS
Generally prohibits possessing an open alcoholic beverage container in the passenger area of
a motor vehicle, providing exceptions for for-hire transportation and RVs
§ 3 — CROSSWALKS
Prohibits drivers from parking within 25 feet of a mid-block crosswalk, but grandfathers in
existing parking spaces and broadens an exception for crosswalks and intersections with curb
extensions
§§ 4 & 5 — SPEED LIMITS DURING WEATHER EVENTS OR
EMERGENCIES
Allows the DOT commissioner to modify speed limits during weather events or emergencies, so
long as the limit is posted on electronic signs
§ 6 — INDEMNIFICATION FOR RAILBANKING ARRANGEMENTS
Allows the DOT commissioner to indemnify a railroad company in connection with a
railbanking agreement
§§ 7-10 — CONTRACTING CHANGES
Makes changes to related to representations required in certain contracts
§§ 11 & 12 — ENTERING PRIVATE PROPERTY DURING
EMERGENCIES
Allows DOT to enter and use private property during commissioner-declared emergencies to
restore service or correct unsafe conditions, subject to certain requirements
§ 13 — OVERSIZE/OVERWEIGHT PERMIT FEES
Increases the fee for electronically transmitted oversize/overweight permits and imposes an
engineering analysis fee on superloads
§§ 14-16 — DUI-RELATED CHANGES
Makes changes related to (1) tests for impairment based on cannabis odor, (2) impaired boating
and diversionary programs, and (3) drug influence evaluation administration
§ 17 — LAND ACQUISITION FOR BIKE LANES AND TRAILS
Expands the DOT commissioner’s eminent domain power to allow him to take land for bicycle
lanes and multi-use trails
§ 18 — TRUCK PLATOONING 2022HB-05255-R000380-BA.DOCX
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Establishes conditions under which certain vehicles may operate in a “platoon”(i.e.,
electronically coordinate speed and following distances)
§§ 19 & 20 — ILLEGAL ENCROACHMENTS IN RIGHT -OF-WAY
Modifies laws pertaining to illegal encroachments on state highway property, including by
allowing DOT to take immediate corrective action when necessary and to bill violators for the
costs; increases the penalties for illegal encroachment
§§ 21-23 — TECHNICAL CHANGES
Makes several technical changes in laws on work zone speed cameras and pedestrian safety
zones
BACKGROUND
SUMMARY
This bill makes various changes in the transportation statutes,
including the following:
1. generally prohibits possessing an open alcoholic beverage
container in the passenger area of a motor vehicle, with
exceptions for for-hire transportation and RVs;
2. modifies laws pertaining to illegal encroachments on state
highway property and increases the penalties for illegal
encroachment;
3. allows the Department of Transportation (DOT) to enter and use
private property during commissioner-declared emergencies to
restore service or correct unsafe conditions;
4. expands the DOT commissioner’s eminent domain power to
allow him to take land for bicycle lanes and multi-use trails; and
5. establishes conditions under which certain vehicles may operate
in a “platoon.”
EFFECTIVE DATE: July 1, 2022, unless otherwise noted below.
§§ 1 & 2 — OPEN CONTAINER S
Generally prohibits possessing an open alcoholic beverage container in the passenger area
of a motor vehicle, providing exceptions for for-hire transportation and RVs
This bill prohibits possessing an open alcoholic beverage container in
a motor vehicle’s “passenger area” while the vehicle is on a public road. 2022HB-05255-R000380-BA.DOCX
Researcher: HP Page 3 4/11/22
An open alcoholic beverage container is a bottle, can, or other receptacle
that contains an alcoholic beverage and is either (1) open or has a broken
seal or (2) partially empty. Under federal law, states are required to
adopt an open container prohibition or face fiscal penalties (see
BACKGROUND).
The prohibition does not apply to passengers in (1) vehicles designed,
maintained, and used primarily for for-hire transportation, including
taxis, motor buses, and livery vehicles; (2) transportation network
company (e.g., Uber and Lyft) vehicles; or (3) a recreational vehicle’s
living quarters.
People who violate the bill’s provisions face a fine of up to $500.
Under existing law, drivers who drink an alcoholic beverage while
driving are guilty of a class C misdemeanor (punishable by up to three
months imprisonment and a fine of up to $500, CGS § 53a-213).
Passenger Area
The bill’s open container prohibition applies to occupants of a
vehicle’s passenger area, which means (1) the area designed to seat the
driver and any passenger while the vehicle is moving and (2) any area
that is readily accessible to the driver or a passenger while they are in
seating position. In motor vehicles without trunks, “passenger area”
does not include locked glove compartments, the area behind the last
upright seat, or an area not normally occupied by a driver or passenger.
Reporting (§ 2)
Existing law requires police departments to collect and report data to
the Office of Policy and Management (OPM) on (1) traffic stops
(including the characteristics of the person stopped and the alleged
violation) and (2) complaints of discriminatory stops. It also requires
OPM to annually report on the prevalence and disposition of these stops
and complaints. The bill specifically requires that this report review
stops for open container violations.
EFFECTIVE DATE: October 1, 2022, for the open container
prohibition. 2022HB-05255-R000380-BA.DOCX
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§ 3 — CROSSWALKS
Prohibits drivers from parking within 25 feet of a mid-block crosswalk, but grandfathers
in existing parking spaces and broadens an exception for crosswalks and intersections
with curb extensions
Under current law, drivers are prohibited from parking within 25 feet
of an intersection or a crosswalk located at an intersection. The bill
generally broadens this prohibition to include crosswalks not located at
intersections (i.e., mid-block crosswalks).
However, the bill adds another exception to this prohibition,
grandfathering in any parking space established on or before October 1,
2022. It also expands an existing exemption allowing parking within 10
feet of an intersection that has a curb extension treatment that is as wide
or wider than the parking lane. Currently, this exception applies only to
intersections located in and comprised entirely of highways under New
Haven’s jurisdiction. Under the bill, this exception applies to any
intersection or marked crosswalk with such a curb extension treatment.
EFFECTIVE DATE: October 1, 2022
§§ 4 & 5 — SPEED LIMITS DURING WEATHER EVENTS OR
EMERGENCIES
Allows the DOT commissioner to modify speed limits during weather events or
emergencies, so long as the limit is posted on electronic signs
The bill allows the DOT commissioner to modify speed limits during
weather events or emergencies, so long as there are electronic signs
indicating the speed limit. The bill makes a conforming change to make
exceeding the commissioner-established speed limit subject to existing
speeding penalties.
EFFECTIVE DATE: October 1, 2022
§ 6 — INDEMNIFICATION FOR RAILBANKING ARRANGEMENTS
Allows the DOT commissioner to indemnify a railroad company in connection with a
railbanking agreement
The bill allows the DOT commissioner, if he deems it in the state’s
best interest, to indemnify and hold harmless any railroad company in
connection with an interim trail use and rail banking arrangement
executed according to federal law. “Railbanking” is a voluntary 2022HB-05255-R000380-BA.DOCX
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arrangement between a railroad company and another entity to use an
out-of-service rail corridor as a trail until a railroad might need the
corridor again for rail service.
§§ 7-10 — CONTRACTING CHANGES
Makes changes to related to representations required in certain contracts
Nondiscrimination Provisions (§ 7)
Existing law generally requires that state contracts, municipal public
works contracts, and a quasi-public agency contracts contain a
nondiscrimination affirmation provision to certify that the contractor (1)
understands the law’s nondiscrimination and affirmative action
obligations and (2) will maintain a nondiscrimination policy for the
contract’s duration.
Under current law, the authorized signatory of the contract must
demonstrate his or her understanding of this obligation by either (1)
providing an affirmative response in the required online bid or request
for proposals or (2) initialing the affirmation provision in the contract.
Under the bill, the signatory may also do so by signing the contract.
Consulting Agreements (§ 8)
By law, goods and services contracts with a total value of $50,000 or
more in a calendar or fiscal year have to include a representation as to
whether a consulting agreement had been entered into in connection
with the contract. The bill eliminates the requirement that it be “sworn
as true” to the signatory’s best knowledge and belief, instead requiring
it be made to his or her best knowledge and belief. As under existing
law, the representation is subject to the penalty of false statement.
The bill also makes technical changes related to the information
included in applicable consulting agreement representations.
Minor and Conforming Changes (§§ 9 & 10)
The bill eliminates a reference to “most qualified or highest ranked”
person in a provision about certification requirements for large state
contracts. 2022HB-05255-R000380-BA.DOCX
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The bill also makes a conforming change related to PA 21-76, which
eliminated the false penalty statement for certifications related to
contractor investments in Iran.
§§ 11 & 12 — ENTERING PRIVATE PROPERTY DURING
EMERGENCIES
Allows DOT to enter and use private property during commissioner-declared emergencies
to restore service or correct unsafe conditions, subject to certain requirements
The bill gives DOT the right to enter and use private property during
commissioner-declared emergencies to, as applicable, (1) correct unsafe
or emergency conditions or (2) restore the highway system or
interrupted essential rail or transit services. Under current law, DOT
must follow existing laws governing property rights acquisition
procedures before entering private property (CGS § 13a-73).
Under the bill, DOT must (1) make a reasonable effort to notify a
private property owner before entering the property and (2) compensate
the property owner for the property use in accordance with state law
pertaining to real property acquisition.
By law, the DOT commissioner may declare an emergency when any
of the following circumstances occur:
1. a public railroad or its facilities are deemed to be in unsafe
condition or there is an interruption of essential rail services;
2. a public transit facility or airport, or its equipment, is damaged
due to natural disaster or incurs substantial casualty loss that
results in an unsafe condition or interruption of essential
services; or
3. an emergency condition exists on a public road that demands
immediate attention to ensure public safety.
§ 13 — OVERSIZE/OVERWEIGHT PERMIT FEES
Increases the fee for electronically transmitted oversize/overweight permits and imposes an
engineering analysis fee on superloads
The bill increases the fee for electronically transmitted
oversize/overweight permits from $5 to $12. It also imposes an 2022HB-05255-R000380-BA.DOCX
Researcher: HP Page 7 4/11/22
additional engineering analysis fee on vehicles and trailers or
commercial combination vehicles that exceed a permit weight of 200,000
pounds (known as superloads). The fee amount is $2 per thousand
pounds, or fraction thereof, over 200,000 pounds.
§§ 14-16 — DUI-RELATED CHANGES
Makes changes related to (1) tests for impairment based on cannabis odor, (2) impaired
boating and diversionary programs, and (3) drug influence evaluation administration
Testing Based on Cannabis Odor (§ 14)
Existing law provides that the odor of cannabis or burnt cannabis
does not constitute probable cause or reasonable suspicion and cannot
be used to justify a stop or search of a person or vehicle. But current law
allows law enforcement officers to test for impairment based on this
odor if the officer reasonably suspects that a motor vehicle’s driver or
passenger is violating the DUI laws. Under the bill, the officer may only
test the driver based on this suspicion.
The bill also deletes an obsolete reference.
Diversionary Programs and Impaired Boating (§ 15)
The bill adds impaired boating to the list of offenses excluded from
participation in the accelerated rehabilitation diversionary program.
Under existing law, people charged with a first violation of an
impaired boating offense are already eligible for the pretrial impaired
driving intervention program (CGS § 54-56r(a)(1)). By excluding
impaired boating offenses from the accelerated rehabilitation program,
impaired boaters may be convicted upon their second offense, as is
currently the case with impaired drivers.
Drug Influence Evaluations (§ 16)
PA 21-1, June Special Session, authorized the use of drug influence
evaluations in investigations of impaired driving. The bill specifies that
these evaluations do not need to start within two hours after the suspect
was driving. By law, chemical tests of blood, breath, and or urine for
alcohol or drugs generally must be started within the two-hour
timeframe. 2022HB-05255-R000380-BA.DOCX
Researcher: HP Page 8 4/11/22
§ 17 — LAND ACQUISITION FOR BIKE LANES AND TRAILS
Expands the DOT commissioner’s eminent domain power to allow him to take land for
bicycle lanes and multi-use trails
Under existing law, the DOT commissioner has the power to take any
land he finds necessary for the layout, alteration, construction,
extension, widening, change of grade, repair, maintenance, or other
improvement of any state highway. The bill expands this eminent
domain power to allow him to take property necessary for bicycle lanes
and multiuse trails. Under the bill, existing eminent domain provisions
and restrictions apply, including requirements for notice and payment
to property owners.
§ 18 — TRUCK PLATOONING
Establishes conditions under which certain vehicles may operate in a “platoon”(i.e.,
electronically coordinate speed and following distances)
This bill establishes conditions under which certain vehicles may
operate in a “platoon” and exempts them from the law’s prohibition on
following too closely. Under the bill, a platoon means two or three
commercial motor vehicles or buses (other than school buses) traveling
in a unified manner at electronically coordinated speeds at following
distances closer than would be reasonable and prudent without the
coordination.
Platoon Plan
Under the bill, a person may operate a platoon on public roads in the
state if the person (1) files with the DOT commissioner a general plan
for platoon operations and (2) the commissioner approves the plan.
When the commissioner receives a platoon operations plan, he must
approve or reject it within 15 days. If he rejects the plan, he must provide
a written explanation as to why it was rejected and guidance for
resubmission.
Platoon Operation
The bill requires vehicles in a platoon to obtain a DOT-issued mark
indicating that the vehicle is part of a platoon and display it, as DOT
prescribes, at all times while platooning. Each person operating a
vehicle in a platoon must be seated in the driver’s seat and hold a license 2022HB-05255-R000380-BA.DOCX
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of the appropriate class for the vehicle being driven. The bill also
prohibits vehicles in a platoon from pulling or dragging another vehicle
in the platoon.
Penalty
Anyone who violates the bill’s platooning provisions faces a fine of
$100 to $150.
§§ 19 & 20 — ILLEGAL ENCROACHMENTS IN RIGHT -OF-WAY
Modifies laws about illegal encroachments on state highway property, including by
allowing DOT to take immediate corrective action when necessary and to bill violators for
the costs; increases the penalties for illegal encroachment
Existing law prohibits any person, firm, or corporation from doing
the following to a state highway (including appurtenances to the
highway) without a permit: (1) excavating within or under it; (2) placing
obstructions or substructions within, under, upon, or over it; or (3)
interfering with construction or maintenance of, or drainage from it. The
bill specifically adds utility companies to the list of people to whom this
prohibition applies.
By law, anyone who does these things without a permit, or who
violates the conditions of the permit, must remove or alter the
obstruction, substruction, or excavation within 30 days after the
commissioner sends a notice requiring them to do so. The bill
additionally allows the commissioner, upon someone’s failure to
comply with the requirements in the notice within 30 days, to (1) fill in
or close any excavation or remove or alter any excavation, obstruction,
or substruction and (2) bill them for the expenses the commissioner
incurs.
If the DOT commissioner determines that an unsafe condition exists
within, under, upon, or over the state highway that requires immediate
corrective action, the bill allows the DOT commissioner to authorize this
action and bill the violator for the costs.
Under the bill, the state is not liable for any damage to private
property placed in state highways without a permit. 2022HB-05255-R000380-BA.DOCX
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The bill increases the penalty for violations of these encroachment
provisions. Under current law, the penalty is up to $100 for a first
offense and between $100 and $500 for a subsequent offense. Under the
bill, the penalty is between $2,000 and $5,000 for each offense. The bill
also makes each violation a separate and distinct offense and makes
each day the violation continues a separate and distinct offense. Lastly,
the bill makes a conforming change to eliminate these violations from
processing through the centralized infractions bureau.
§§ 21-23 — TECHNICAL CHANGES
Makes several technical changes in laws on work zone speed cameras and pedestrian safety
zones
The bill makes several technical changes in laws on work zone speed
cameras and pedestrian safety zones.
BACKGROUND
Federal Open Container Law Requirement
Federal law requires states to adopt an open container law that meets
federal compliance criteria (23 U.S.C. § 154). To comply, state law must
apply to (1) possession and consumption, (2) the entire passenger area,
(3) all alcoholic beverages, (4) all occupants, and (5) all motor vehicles.
It must also provide for primary enforcement (i.e., law enforcement may
issue a citation upon observing someone violating the law) (23 C.F.R. §
1270.4).
States that do not have a compliant law must transfer 2.5% of their
annual apportionment under specified highway construction programs
(i.e., National Highway Performance Program and the Su rface
Transportation Block Grant Program) to specified traffic safety
programs (i.e., 402 Highway Safety DUI Countermeasures Program or
the Hazard Elimination Program).
COMMITTEE ACTION
Transportation Committee
Joint Favorable Substitute
Yea 23 Nay 12 (03/24/2022)