| 24 | | - | Section 1. Section 13b-105 of the general statutes is repealed and the 1 |
|---|
| 25 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 2 |
|---|
| 26 | | - | The Department of Transportation may, with or without hearing, 3 |
|---|
| 27 | | - | issue temporary and permanent livery permits to applicants for the 4 |
|---|
| 28 | | - | express purpose of providing reasonable livery service to persons who 5 |
|---|
| 29 | | - | are elderly and persons with disabilities on regular or irregular routes 6 |
|---|
| 30 | | - | where the department finds no existing service or that the existing 7 |
|---|
| 31 | | - | service is not adequate to properly serve the special needs of persons 8 |
|---|
| 32 | | - | who are elderly and persons with disabilities. Temporary authority 9 |
|---|
| 33 | | - | shall not extend over a period of more than sixty days. In determining 10 |
|---|
| 34 | | - | the special needs of persons who are elderly and persons with 11 |
|---|
| 35 | | - | disabilities, the department may take into consideration the 12 |
|---|
| 36 | | - | convenience and the physical and mental frailties of, and the care, safety 13 |
|---|
| 37 | | - | and protection necessary for the best interest of, persons who are 14 |
|---|
| 38 | | - | elderly, persons with disabilities and the general public. No applicant 15 |
|---|
| 39 | | - | Committee Bill No. 628 |
|---|
| 40 | | - | |
|---|
| 41 | | - | |
|---|
| 42 | | - | LCO No. 3852 2 of 8 |
|---|
| 43 | | - | |
|---|
| 44 | | - | shall be issued a temporary or permanent permit unless such applicant's 16 |
|---|
| 45 | | - | motor vehicle meets the requirements of subsection (e) of section 14-17 |
|---|
| 46 | | - | 100a, as amended by this act, [. Applicants who were issued a temporary 18 |
|---|
| 47 | | - | or permanent permit prior to October 1, 2007, shall comply with the 19 |
|---|
| 48 | | - | requirements of subsection (e) of section 14-100a not later than October 20 |
|---|
| 49 | | - | 1, 2007] or such applicant's stretcher van meets the requirements of 21 |
|---|
| 50 | | - | subsection (f) of section 14-100a, as amended by this act. A temporary 22 |
|---|
| 51 | | - | or permanent livery permit holder may use a stretcher van to transport 23 |
|---|
| 52 | | - | a person who is elderly or a person with disabilities who requires 24 |
|---|
| 53 | | - | nonemergency transportation on a stretcher but who does not require 25 |
|---|
| 54 | | - | medical services during transport, in accordance with subsection (f) of 26 |
|---|
| 55 | | - | section 14-100a, as amended by this act, provided (1) such person 27 |
|---|
| 56 | | - | obtains and provides to the operator of the stretcher van, prior to such 28 |
|---|
| 57 | | - | transport, a written statement from such person's primary care 29 |
|---|
| 58 | | - | provider, as defined in section 19a-7o, that such person may be 30 |
|---|
| 59 | | - | transported in a stretcher van, and (2) the operator of the stretcher van 31 |
|---|
| 60 | | - | has received training in the lifting, moving and transport of a person on 32 |
|---|
| 61 | | - | a stretcher that is equivalent to the training provided to emergency 33 |
|---|
| 62 | | - | medical services personnel, as defined in section 19a-180b. For the 34 |
|---|
| 63 | | - | purposes of this section, "stretcher van" means a van designed and 35 |
|---|
| 64 | | - | equipped to provide the nonemergency transportation of persons on a 36 |
|---|
| 65 | | - | stretcher. 37 |
|---|
| 66 | | - | Sec. 2. Section 14-100a of the general statutes is repealed and the 38 |
|---|
| 67 | | - | following is substituted in lieu thereof (Effective October 1, 2023): 39 |
|---|
| 68 | | - | (a) No new passenger motor vehicle may be sold or registered in this 40 |
|---|
| 69 | | - | state unless equipped with at least two sets of seat safety belts for the 41 |
|---|
| 70 | | - | front and rear seats of the motor vehicle, which belts comply with the 42 |
|---|
| 71 | | - | requirements of subsection (b) of this section. The anchorage unit at the 43 |
|---|
| 72 | | - | attachment point shall be of such construction, design and strength as 44 |
|---|
| 73 | | - | to support a loop load strength of not less than four thousand pounds 45 |
|---|
| 74 | | - | for each belt. 46 |
|---|
| 75 | | - | (b) No seat safety belt may be sold for use in connection with the 47 |
|---|
| 76 | | - | Committee Bill No. 628 |
|---|
| 77 | | - | |
|---|
| 78 | | - | |
|---|
| 79 | | - | LCO No. 3852 3 of 8 |
|---|
| 80 | | - | |
|---|
| 81 | | - | operation of a motor vehicle on any highway of this state unless it is so 48 |
|---|
| 82 | | - | constructed and installed as to have a loop strength through the 49 |
|---|
| 83 | | - | complete attachment of not less than four thousand pounds, and the 50 |
|---|
| 84 | | - | buckle or closing device shall be of such construction and design that 51 |
|---|
| 85 | | - | after it has received the aforesaid loop belt load it can be released with 52 |
|---|
| 86 | | - | one hand with a pull of less than forty-five pounds. 53 |
|---|
| 87 | | - | (c) (1) The operator of and any passenger in any motor vehicle or fire 54 |
|---|
| 88 | | - | fighting apparatus originally equipped with seat safety belts complying 55 |
|---|
| 89 | | - | with the provisions of 49 CFR 571.209, as amended from time to time, 56 |
|---|
| 90 | | - | shall wear such seat safety belt while the vehicle or fire fighting 57 |
|---|
| 91 | | - | apparatus is being operated on any highway, except as follows: 58 |
|---|
| 92 | | - | (A) A child under eight years of age shall be restrained as provided 59 |
|---|
| 93 | | - | in subsection (d) of this section; and 60 |
|---|
| 94 | | - | (B) The operator of such vehicle shall secure or cause to be secured in 61 |
|---|
| 95 | | - | a seat safety belt any passenger eight years of age or older and under 62 |
|---|
| 96 | | - | sixteen years of age. 63 |
|---|
| 97 | | - | (2) The provisions of subdivision (1) of this subsection shall not apply 64 |
|---|
| 98 | | - | to: (A) Any person whose physical disability or impairment would 65 |
|---|
| 99 | | - | prevent restraint in such safety belt, provided such person obtains a 66 |
|---|
| 100 | | - | written statement from a licensed physician, a licensed physician 67 |
|---|
| 101 | | - | assistant or a licensed advanced practice registered nurse containing 68 |
|---|
| 102 | | - | reasons for such person's inability to wear such safety belt and including 69 |
|---|
| 103 | | - | information concerning the nature and extent of such condition. Such 70 |
|---|
| 104 | | - | person shall carry the statement on his or her person or in the motor 71 |
|---|
| 105 | | - | vehicle at all times when it is being operated, (B) an authorized 72 |
|---|
| 106 | | - | emergency vehicle, other than fire fighting apparatus, responding to an 73 |
|---|
| 107 | | - | emergency call or a motor vehicle operated by a rural letter carrier of 74 |
|---|
| 108 | | - | the United States postal service while performing his or her official 75 |
|---|
| 109 | | - | duties or by a person engaged in the delivery of newspapers, or (C) any 76 |
|---|
| 110 | | - | passenger on a bus, as defined in 49 USC 30127, as amended from time 77 |
|---|
| 111 | | - | to time. 78 |
|---|
| 112 | | - | Committee Bill No. 628 |
|---|
| 113 | | - | |
|---|
| 114 | | - | |
|---|
| 115 | | - | LCO No. 3852 4 of 8 |
|---|
| 116 | | - | |
|---|
| 117 | | - | (3) Failure to wear a seat safety belt shall not be considered as 79 |
|---|
| 118 | | - | contributory negligence nor shall such failure be admissible evidence in 80 |
|---|
| 119 | | - | any civil action. 81 |
|---|
| 120 | | - | (4) No law enforcement official may stop a motor vehicle solely for 82 |
|---|
| 121 | | - | the apparent or actual failure of a back seat passenger who is sixteen 83 |
|---|
| 122 | | - | years of age or older to wear a seat safety belt. 84 |
|---|
| 123 | | - | (5) Any operator of a motor vehicle, who is eighteen years of age or 85 |
|---|
| 124 | | - | older, and any passenger in such motor vehicle, who violates any 86 |
|---|
| 125 | | - | provision of this subsection shall have committed an infraction and shall 87 |
|---|
| 126 | | - | be fined fifty dollars. Any operator of a motor vehicle who is under 88 |
|---|
| 127 | | - | eighteen years of age and any passenger in such motor vehicle who 89 |
|---|
| 128 | | - | violates any provision of this subsection shall have committed an 90 |
|---|
| 129 | | - | infraction and shall be fined seventy-five dollars. Points may not be 91 |
|---|
| 130 | | - | assessed against the operator's license of any person convicted of such 92 |
|---|
| 131 | | - | violation. 93 |
|---|
| 132 | | - | (d) (1) (A) Any person who transports a child under two years of age 94 |
|---|
| 133 | | - | or weighing less than thirty pounds in a motor vehicle on the highways 95 |
|---|
| 134 | | - | of this state shall provide and require the child to ride rear-facing in a 96 |
|---|
| 135 | | - | child restraint system equipped with a five-point harness approved 97 |
|---|
| 136 | | - | pursuant to regulations that the Department of Motor Vehicles shall 98 |
|---|
| 137 | | - | adopt in accordance with the provisions of chapter 54. 99 |
|---|
| 138 | | - | (B) Any person who transports a child under five years of age, but 100 |
|---|
| 139 | | - | not under two years of age, or weighing less than forty pounds, but not 101 |
|---|
| 140 | | - | less than thirty pounds, in a motor vehicle on the highways of this state 102 |
|---|
| 141 | | - | shall provide and require the child to ride rear-facing or forward-facing 103 |
|---|
| 142 | | - | in a child restraint system equipped with a five-point harness approved 104 |
|---|
| 143 | | - | pursuant to such regulations. 105 |
|---|
| 144 | | - | (C) Any person who transports a child under eight years of age, but 106 |
|---|
| 145 | | - | not under five years of age, or weighing less than sixty pounds, but not 107 |
|---|
| 146 | | - | less than forty pounds, in a motor vehicle on the highways of this state 108 |
|---|
| 147 | | - | shall provide and require the child to ride rear-facing or forward-facing 109 |
|---|
| 148 | | - | Committee Bill No. 628 |
|---|
| 149 | | - | |
|---|
| 150 | | - | |
|---|
| 151 | | - | LCO No. 3852 5 of 8 |
|---|
| 152 | | - | |
|---|
| 153 | | - | in a child restraint system equipped with a five-point harness or a 110 |
|---|
| 154 | | - | booster seat secured by a seat safety belt approved pursuant to such 111 |
|---|
| 155 | | - | regulations. 112 |
|---|
| 156 | | - | (D) No person shall transport a child in a motor vehicle on the 113 |
|---|
| 157 | | - | highways of this state in a rear-facing child restraint system in the front 114 |
|---|
| 158 | | - | seat of any motor vehicle that is equipped with a functional air bag on 115 |
|---|
| 159 | | - | the passenger side of such motor vehicle. 116 |
|---|
| 160 | | - | (2) Any person who transports a child eight years of age or older and 117 |
|---|
| 161 | | - | weighing sixty or more pounds in a motor vehicle on the highways of 118 |
|---|
| 162 | | - | this state shall either provide and require the child to use an approved 119 |
|---|
| 163 | | - | child restraint system or require the child to use a seat safety belt. Failure 120 |
|---|
| 164 | | - | to use a child restraint system shall not be considered as contributory 121 |
|---|
| 165 | | - | negligence nor shall such failure be admissible evidence in any civil 122 |
|---|
| 166 | | - | action. As used in this subsection, "motor vehicle" does not mean a bus 123 |
|---|
| 167 | | - | having a tonnage rating of one ton or more. 124 |
|---|
| 168 | | - | (3) Notwithstanding the provisions of subdivision (1) of this 125 |
|---|
| 169 | | - | subsection, any person who transports a child four years of age or older 126 |
|---|
| 170 | | - | in a student transportation vehicle, as defined in section 14-212, on the 127 |
|---|
| 171 | | - | highways of this state shall either provide and require the child to use 128 |
|---|
| 172 | | - | an approved child restraint system or require the child to use a seat 129 |
|---|
| 173 | | - | safety belt. Any person who transports a child under four years of age 130 |
|---|
| 174 | | - | weighing less than forty pounds in a student transportation vehicle on 131 |
|---|
| 175 | | - | the highways of this state shall provide and require the child to use a 132 |
|---|
| 176 | | - | child restraint system approved pursuant to such regulations. 133 |
|---|
| 177 | | - | (4) No person shall restrain a child in a booster seat unless the motor 134 |
|---|
| 178 | | - | vehicle is equipped with a safety seat belt that includes a shoulder belt 135 |
|---|
| 179 | | - | and otherwise meets the requirement of subsection (b) of this section. 136 |
|---|
| 180 | | - | (5) Any person who violates the provisions of subdivision (1), (2), (3) 137 |
|---|
| 181 | | - | or (4) of this subsection shall, for a first violation, have committed an 138 |
|---|
| 182 | | - | infraction; for a second violation, be fined not more than one hundred 139 |
|---|
| 183 | | - | ninety-nine dollars; and, for a third or subsequent violation, be guilty of 140 |
|---|
| 184 | | - | Committee Bill No. 628 |
|---|
| 185 | | - | |
|---|
| 186 | | - | |
|---|
| 187 | | - | LCO No. 3852 6 of 8 |
|---|
| 188 | | - | |
|---|
| 189 | | - | a class A misdemeanor. The commissioner shall require any person who 141 |
|---|
| 190 | | - | has committed a first or second violation of the provisions of this 142 |
|---|
| 191 | | - | subsection to attend a child car seat safety course offered or approved 143 |
|---|
| 192 | | - | by the Department of Motor Vehicles. The commissioner may, after 144 |
|---|
| 193 | | - | notice and an opportunity for a hearing, suspend for a period of not 145 |
|---|
| 194 | | - | more than two months the motor vehicle operator's license of any 146 |
|---|
| 195 | | - | person who fails to attend or successfully complete the course. 147 |
|---|
| 196 | | - | (e) (1) Any person who transports an individual who remains in a 148 |
|---|
| 197 | | - | wheelchair while being transferred into and out of a vehicle, in any 149 |
|---|
| 198 | | - | motor vehicle on the highways of this state, shall provide and require 150 |
|---|
| 199 | | - | the use of a device designed to secure individuals in wheelchairs while 151 |
|---|
| 200 | | - | transferring such individuals from the ground to the vehicle and from 152 |
|---|
| 201 | | - | the time the motor vehicle is brought to a stop until such individuals are 153 |
|---|
| 202 | | - | transferred from the vehicle to the ground. Such device shall be located 154 |
|---|
| 203 | | - | in the motor vehicle at all times. The Commissioner of Motor Vehicles 155 |
|---|
| 204 | | - | may, after consultation with the [Departments] Commissioners of 156 |
|---|
| 205 | | - | Transportation and Public Health, establish regulations to implement 157 |
|---|
| 206 | | - | the provisions of this section and sections 13b-105, as amended by this 158 |
|---|
| 207 | | - | act, and 14-102a, subsection (d) of section 14-103, subsection (a) of 159 |
|---|
| 208 | | - | section 14-275 and subsection (a) of section 19a-180. 160 |
|---|
| 209 | | - | (2) The following motor vehicles registered in this state for the first 161 |
|---|
| 210 | | - | time on or after October 1, 2007, that transport individuals who remain 162 |
|---|
| 211 | | - | in wheelchairs while being transported, shall, in addition to the 163 |
|---|
| 212 | | - | requirements of subdivision (1) of this subsection, install or provide and 164 |
|---|
| 213 | | - | require the use of a device that secures the wheelchair to the motor 165 |
|---|
| 214 | | - | vehicle's mechanical lift or otherwise prevents or seeks to prevent an 166 |
|---|
| 215 | | - | individual in a wheelchair from falling from such mechanical lift or 167 |
|---|
| 216 | | - | motor vehicle: (A) Motor vehicles in livery service, as defined in section 168 |
|---|
| 217 | | - | 13b-101, (B) service buses, [as defined in section 14-1,] (C) invalid 169 |
|---|
| 218 | | - | coaches, as defined in section 19a-175, (D) vanpool vehicles, [as defined 170 |
|---|
| 219 | | - | in section 14-1,] (E) school buses, [as defined in section 14-1,] (F) motor 171 |
|---|
| 220 | | - | buses, [as defined in section 14-1,] (G) student transportation vehicles, 172 |
|---|
| 221 | | - | as defined in section 14-212, and (H) camp vehicles. [, as defined in 173 |
|---|
| 222 | | - | Committee Bill No. 628 |
|---|
| 223 | | - | |
|---|
| 224 | | - | |
|---|
| 225 | | - | LCO No. 3852 7 of 8 |
|---|
| 226 | | - | |
|---|
| 227 | | - | section 14-1.] The provisions of this subsection shall also apply to all 174 |
|---|
| 228 | | - | motor vehicles used by municipal, volunteer and commercial 175 |
|---|
| 229 | | - | ambulance services and rescue services, as defined in section 19a-175. 176 |
|---|
| 230 | | - | (3) Violation of any provision of this subsection is an infraction. 177 |
|---|
| 231 | | - | (f) (1) Any livery permit holder who transports an individual who 178 |
|---|
| 232 | | - | remains on a stretcher while being transferred into and out of a stretcher 179 |
|---|
| 233 | | - | van, pursuant to section 13b-105, as amended by this act, shall provide 180 |
|---|
| 234 | | - | and require the use of a device designed to secure such individual in the 181 |
|---|
| 235 | | - | stretcher while transferring such individual from the ground to the 182 |
|---|
| 236 | | - | stretcher van and from the time the stretcher van is brought to a stop 183 |
|---|
| 237 | | - | until such individual is transferred from the stretcher van to the ground. 184 |
|---|
| 238 | | - | Such device shall be located in the stretcher van at all times. 185 |
|---|
| 239 | | - | (2) Any livery permit holder who transports an individual who 186 |
|---|
| 240 | | - | remains on a stretcher while being transported in a stretcher van shall 187 |
|---|
| 241 | | - | ensure that an attendant, in addition to the operator of the stretcher van, 188 |
|---|
| 242 | | - | accompany such individual during transport. For the purposes of this 189 |
|---|
| 243 | | - | subdivision, "attendant" means a person trained in the lifting, moving 190 |
|---|
| 244 | | - | and transport of a person on a stretcher that is equivalent to the training 191 |
|---|
| 245 | | - | provided to emergency medical services personnel, as defined in section 192 |
|---|
| 246 | | - | 19a-180b. 193 |
|---|
| 247 | | - | (3) Violation of any provision of this subsection is an infraction. 194 |
|---|
| 248 | | - | [(f)] (g) The commissioner shall administer the provisions of this 195 |
|---|
| 249 | | - | section. 196 |
|---|
| 250 | | - | This act shall take effect as follows and shall amend the following |
|---|
| 251 | | - | sections: |
|---|
| 252 | | - | |
|---|
| 253 | | - | Section 1 October 1, 2023 13b-105 |
|---|
| 254 | | - | Sec. 2 October 1, 2023 14-100a |
|---|
| 255 | | - | |
|---|
| 256 | | - | Committee Bill No. 628 |
|---|
| 257 | | - | |
|---|
| 258 | | - | |
|---|
| 259 | | - | LCO No. 3852 8 of 8 |
|---|
| 260 | | - | |
|---|
| 24 | + | That sections 13b-105 and 14-100a of the general statutes be amended 1 |
|---|
| 25 | + | to allow a temporary or permanent livery permit holder to use a 2 |
|---|
| 26 | + | stretcher van to transport a person who is elderly or a person with 3 |
|---|
| 27 | + | disabilities and who requires nonemergency transportation on a 4 |
|---|
| 28 | + | stretcher. 5 |
|---|