Connecticut 2022 2022 Regular Session

Connecticut Senate Bill SB00333 Comm Sub / Analysis

Filed 07/27/2022

                    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 22-44—sSB 333 
Transportation Committee 
 
AN ACT CONCERNING RE COMMENDATIONS BY THE DEPARTMENT 
OF MOTOR VEHICLES AN D VARIOUS REVISIONS TO THE MOTOR 
VEHICLE STATUTES 
 
SUMMARY: This act makes numerous unrelated changes in motor vehicle laws. 
Among other things, the act increases surety bond requirements for dealer and 
repairer licenses and strengthens licensing and enforcement requirements related to 
driving schools and their instructors.  
By February 1, 2023, the act requires the Department of Motor Vehicles (DMV) 
commissioner to report to the Transportation Committee on the following topics: 
1. the preceding fiscal year’s number of department-administered road skills 
tests for a driver’s license at DMV offices and off-site locations and the 
passage rates for those tests (§ 16); 
2. the results of her review of other states’ laws and regulations, and any 
legislative or regulatory recommendations, on applying for, issuing, and 
using removeable windshield placards for people with disabilities or 
blindness (§ 17); and 
3. for the previous year, and annually afterwards, the average amount of time 
a person spends at the DMV for an appointment scheduled on its website 
(rather than the average number of days between scheduling an appointment 
online and the appointment date, as prior law required) (§ 36). 
It also eliminates a redundant safety inspection requirement for retired school 
buses (§ 9) and makes numerous technical and conforming changes (§§ 20-35). 
EFFECTIVE DATE: July 1, 2022, unless otherwise noted below, with certain 
technical changes effective October 1, 2022. 
 
§ 1 — LICENSE RESTORATION AFTER MEDICAL WITHDRAWAL  
 
Under existing law, the DMV commissioner may allow a person whose license 
was medically withdrawn to drive on a limited basis (i.e., with a licensed driving 
instructor or testing agent) if she (1) determines that the driver does not have a 
health problem affecting his or her ability to drive safely and (2) requires the driver 
to pass a road skills test for license reinstatement (CGS § 14-46e(b)).  
The act requires the commissioner to make her determination after consulting 
with the Motor Vehicle Operator’s License Medical Advisory Board, rather than 
through a hearing as prior law required. Under existing law, unchanged by the act, 
a person whose driver’s license has been suspended, restricted, or revoked, or 
whose license application has been denied due to health problems, has the right to 
appeal under the Uniform Administrative Procedure Act (UAPA) (CGS § 14-46g).  O L R P U B L I C A C T S U M M A R Y 
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§§ 2 & 3 — DEALER & REPAIRER SURETY BOND S & BACKGROUND 
CHECKS  
 
Surety Bonds (§ 2) 
 
The act increases the surety bond amounts for applicants of certain business 
licenses as follows: (1) repairer’s licenses, from $5,000 to $25,000; (2) limited 
repairer’s licenses, from $5,000 to $10,000; (3) new or used car dealer’s licenses, 
from $50,000 to $60,000; and (4) leasing or rental licenses, from $10,000 to 
$15,000.  
 
Background Checks (§ 3) 
 
By law, applicants for a dealer or repairer license must submit to state and 
national criminal history records checks. The act requires that each applicant be 
fingerprinted and their background checks be based upon this fingerprint data 
instead of the applicant’s name and date of birth, as prior law required. 
 
§§ 4-7 — DRIVING INSTRUCTION  
 
The act makes several changes in the statutes governing driving schools. It 
specifically prohibits driving schools with expired licenses from conducting 
business until the DMV commissioner grants a license renewal. However, it also 
prohibits the commissioner from renewing a driving school license that has been 
expired for more than 60 days.   
Under existing law, the commissioner generally may suspend or revoke the 
license of a school or instructor after she has provided the licensee with notice and 
an opportunity for a hearing, in accordance with the UAPA. Under the act, the 
commissioner may order restitution to aggrieved customers if a licensed driving 
school or instructor violates any statute and regulation governing them, in addition 
to, or instead of, a civil penalty as allowed under existing law. 
 
Driving Instructor and Master Driving Instructor Licenses 
 
The act increases, from four to five years, the driving history review period for 
instructor and master instructor licenses. It also specifies that applicants must 
provide a physical examination that has been performed within 90 days from the 
application date, rather than a recent exam as prior law required. The act also 
prohibits the commissioner from renewing an instructor or master instructor’s 
license that has been expired for more than 60 days.   
The act requires the DMV commissioner to summarily suspend an instructor’s 
or master instructor’s license if she determines that continued possession of the 
license poses an imminent threat to public safety or welfare. She must schedule a 
hearing within 20 days after taking this action. It also adds references to master 
driving instructors to license requirements for driving instructors, which already 
apply under existing law and regulations.   O L R P U B L I C A C T S U M M A R Y 
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Minor and Technical Changes 
 
The act specifies that boards of education, public, private, and parochial schools 
(which do not need to be licensed as driving schools under existing law) are not 
required to provide a surety bond to provide a driver’s education course. 
 
§§ 8 & 10 — ADMINISTRATIVE PER SE STATUTES 
 
By law, motorists implicitly consent to be tested for drugs or alcohol and submit 
to the nontestimonial portion of a drug influence evaluation when they drive a 
vehicle. The law establishes administrative license suspension procedures, 
including a hearing, for drivers who refuse to submit to a test or evaluation or whose 
test results indicate an elevated blood alcohol content. 
The act expands the types of “motor vehicles” covered by the administrative 
per se statute to include a snowmobile or all-terrain vehicle, consistent with the 
criminal laws governing driving under the influence. It also allows DMV to send, 
with the driver’s written consent, notice of an administrative hearing decision by 
personal delivery (e.g., e-mail) rather than by certified mail.  
 
§ 11 — DRIVERS WEARING GLAS SES WITH BIOPTIC LENSES 
 
The act requires the DMV commissioner to issue driver’s licenses to people 
wearing glasses with bioptic lenses if the applicant otherwise meets regulatory 
vision standards and license requirements. (By law, the commissioner must adopt 
regulations specifying vision standards that are necessary to safely operate a motor 
vehicle.) Generally, bioptic lenses consist of miniature telescopic lenses mounted 
on top of eyeglasses.  
EFFECTIVE DATE: October 1, 2022 
 
§ 12 — LIGHTS ON WRECKERS  
 
The act eliminates prior law’s requirements that wreckers be equipped with two 
flashing yellow lights installed and mounted on the truck that span its full width 
and were at least eight feet above the road surface. It instead requires that wreckers 
be equipped with an unspecified number of flashing yellow lights. As under 
existing law, the lights must (1) continuously show in all directions, (2) be as close 
to the back of the cab as practicable, and (3) be used when the wrecker is towing a 
vehicle and at the scene of an accident or a disabled vehicle.  
EFFECTIVE DATE: October 1, 2022  
 
§ 13 — AUTOCYCLES  
 
Existing law allows drivers to operate autocycles with a standard “class D” 
license (i.e., without needing a motorcycle license endorsement) (CGS § 14-36a). 
The law defines “autocycle,” in part, as a motorcycle with up to three wheels that 
has seat belts and partially or fully enclosed seats in which occupants sit with their  O L R P U B L I C A C T S U M M A R Y 
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legs forward. Prior law additionally provided that an autocycle was designed to be 
controlled with a steering wheel and foot pedals. The act instead provides that it is 
designed to be controlled with a steering mechanism, rather than a steering wheel.  
EFFECTIVE DATE: October 1, 2022 
 
§ 14 — VIN ETCHING  
 
Prior law required new and used car dealers and lessors to offer the purchaser 
or lessee of a new or used motor vehicle the optional service of etching the complete 
VIN on the lower corner of the vehicle’s windshield and on each of its side and rear 
windows so long as the service was separately charged on the vehicle’s sale order. 
Beginning July 1, 2022, the act allows, rather than requires, these dealers and 
lessors to offer this option. It also sunsets the requirement that the service charge 
be provided for etching done prior to sale or lease, and instead prohibits them from 
etching the VIN on any vehicle in their inventory prior to its sale or lease without 
the written consent of the vehicle’s purchaser or lessee.  
Prior law authorized the DMV commissioner to adopt regulations to implement 
the VIN etching provisions, including standards for (1) secure marking of 
component parts, including using a covert application (only visible under 
ultraviolet light); (2) telephone or online access to a secure database of vehicles, 
including motorcycles and parts that have been marked and registered in the 
database; and (3) the marking of parts used to replace parts that have been marked 
by licensed repairers.  
The act (1) requires, rather than allows, the commissioner to adopt 
implementing regulations, which may provide these standards; (2) eliminates the 
specific references to addressing marking component parts using a covert 
application; and (3) repeals prior law’s definition of “component parts.” 
 
§ 15 — ORGAN DONOR CONSENT 
 
Under existing law, the DMV commissioner must require any person applying 
for a driver’s license or identity card to indicate whether they consent to or decline 
organ donation through inclusion on the state donor registry. The act also requires 
this upon renewal. 
EFFECTIVE DATE: October 1, 2022  
 
§§ 18 & 19 — VEHICLE NOISE 
 
The act requires the DMV commissioner, by January 1, 2023, to submit to the 
Transportation, Appropriations, and Finance, Revenue, and Bonding committees 
(1) an implementation plan for a statewide decibel level testing program at official 
emissions inspection stations for motor vehicles and motorcycles and (2) any 
recommendations for legislation and funding necessary for implementation.  
By January 1, 2024, it requires the commissioner to amend current regulations 
setting maximum vehicle decibel levels and related testing procedures, with the 
advice of the energy and environmental protection commissioner, to reflect  O L R P U B L I C A C T S U M M A R Y 
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industry standards and technology advancements and submit them to the 
Regulation Review Committee. The act correspondingly eliminates from prior law 
the testing procedure requirements that are repeated under existing regulations 
(Conn. Agencies Regs. § 14-80a-8a). 
 
§ 37 — EMISSIONS RE-TESTING EXTENSION FOR SUPPL Y CHAIN 
ISSUES 
 
For FYs 23 and 24, the act requires the DMV commissioner to grant an 
extension of time for vehicles to obtain needed repairs after failing an emissions 
inspection, so long as a licensed new or used car dealer or licensed repairer or 
limited repairer certifies, in writing, that the part needed to repair the associated 
problem is delayed due to market conditions. If granted, it must be valid for 180 
days after the certification date.