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3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05330-R01-HB.docx 1 of 22 | |
4 | + | ||
5 | + | General Assembly Substitute Bill No. 5330 | |
6 | + | February Session, 2024 | |
1 | 7 | ||
2 | 8 | ||
3 | 9 | ||
4 | - | Substitute House Bill No. 5330 | |
5 | - | ||
6 | - | Public Act No. 24-40 | |
7 | 10 | ||
8 | 11 | ||
9 | - | AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE | |
10 | - | DEPARTMENT OF TRANSPORTATION AND CONCERNING | |
11 | - | CAPITAL PROJECTS, NOTICE OF PROPOSED FAIR AND SERVICE | |
12 | - | CHANGES, THE CONNECTICUT AIRPORT AUTHORITY, | |
13 | - | AUTOMATED TRAFFIC SAFETY ENFORCEMENT, ROAD SAFETY | |
14 | - | AUDITS, PARKING AUTHORITIES, A SHORE LINE EAST REPORT | |
15 | - | AND THE SUBMISSION OF REPORTS AND TEST RESULTS | |
16 | - | REGARDING IMPAIRED DRIVING. | |
12 | + | AN ACT IMPLEMENTING RECOMMENDATIONS OF THE | |
13 | + | DEPARTMENT OF TRANSPORTATION. | |
17 | 14 | Be it enacted by the Senate and House of Representatives in General | |
18 | 15 | Assembly convened: | |
19 | 16 | ||
20 | - | Section 1. Section 14-314 of the general statutes is repealed and the | |
21 | - | following is substituted in lieu thereof (Effective October 1, 2024): | |
22 | - | Any person, firm or corporation failing to comply with any order | |
23 | - | made pursuant to any provision of this chapter shall be fined not more | |
24 | - | than [five] ten thousand dollars or imprisoned not more than thirty days | |
25 | - | or both, and shall be subject to the provisions of section 14-111. Any | |
26 | - | person, firm or corporation failing to comply with any traffic control | |
27 | - | signal, sign, marking or other device placed and maintained upon the | |
28 | - | highway, or with any regulation adopted pursuant to any provision of | |
29 | - | this chapter, by the Office of the State Traffic Administration or the | |
30 | - | traffic authority of any city, town or borough shall be deemed to have | |
31 | - | committed an infraction, if no other penalty is provided by law. | |
32 | - | Traveling at a greater rate of speed than is reasonable as provided in Substitute House Bill No. 5330 | |
17 | + | Section 1. Section 14-314 of the general statutes is repealed and the 1 | |
18 | + | following is substituted in lieu thereof (Effective October 1, 2024): 2 | |
19 | + | Any person, firm or corporation failing to comply with any order 3 | |
20 | + | made pursuant to any provision of this chapter shall be fined not more 4 | |
21 | + | than [five] ten thousand dollars or imprisoned not more than thirty days 5 | |
22 | + | or both, and shall be subject to the provisions of section 14-111. Any 6 | |
23 | + | person, firm or corporation failing to comply with any traffic control 7 | |
24 | + | signal, sign, marking or other device placed and maintained upon the 8 | |
25 | + | highway, or with any regulation adopted pursuant to any provision of 9 | |
26 | + | this chapter, by the Office of the State Traffic Administration or the 10 | |
27 | + | traffic authority of any city, town or borough shall be deemed to have 11 | |
28 | + | committed an infraction, if no other penalty is provided by law. 12 | |
29 | + | Traveling at a greater rate of speed than is reasonable as provided in 13 | |
30 | + | section 14-218a, as amended by this act, shall not be deemed to be a 14 | |
31 | + | failure to comply with the provisions of this section but shall be deemed 15 | |
32 | + | to be the commission of an infraction within the provisions of [said] 16 | |
33 | + | section 14-218a, as amended by this act. 17 | |
34 | + | Sec. 2. Subsection (b) of section 14-311 of the 2024 supplement to the 18 Substitute Bill No. 5330 | |
33 | 35 | ||
34 | - | Public Act No. 24-40 2 of 51 | |
35 | 36 | ||
36 | - | section 14-218a, as amended by this act, shall not be deemed to be a | |
37 | - | failure to comply with the provisions of this section but shall be deemed | |
38 | - | to be the commission of an infraction within the provisions of [said] | |
39 | - | section 14-218a, as amended by this act. | |
40 | - | Sec. 2. Subsection (b) of section 14-311 of the 2024 supplement to the | |
41 | - | general statutes is repealed and the following is substituted in lieu | |
42 | - | thereof (Effective July 1, 2024): | |
43 | - | (b) Except as otherwise provided in this subsection or permitted by | |
44 | - | the Office of the State Traffic Administration, no local building official | |
45 | - | shall issue a building or foundation permit to any person, firm, | |
46 | - | corporation, state agency or municipal agency to build, expand, | |
47 | - | establish or operate such a development until the person, firm, | |
48 | - | corporation or agency provides to such official a copy of the certificate | |
49 | - | issued under this section by the office. No local building official shall | |
50 | - | issue a certificate of occupancy to any such person, firm, corporation or | |
51 | - | agency for such development until the conditions of the certificate | |
52 | - | issued by the office under this section have been satisfied. If the office | |
53 | - | determines that a local building official issued a building or foundation | |
54 | - | permit to any such person, firm, corporation or agency without such | |
55 | - | person, firm, corporation or agency having a certificate from the office, | |
56 | - | the office shall order the building official to revoke such building or | |
57 | - | foundation permit. If the office determines that any person, firm, | |
58 | - | corporation or agency has (1) started building, expanding, establishing | |
59 | - | or operating such a development without first obtaining a certificate | |
60 | - | from said office, or (2) has failed to comply with the conditions of such | |
61 | - | a certificate, [it] the office shall order the person, firm, corporation or | |
62 | - | agency to (A) cease constructing, expanding, establishing or operating | |
63 | - | the development, or (B) comply with the conditions of the certificate | |
64 | - | within a reasonable period of time. If such person, firm, corporation or | |
65 | - | agency fails to (i) cease such work, or (ii) comply with an order of the | |
66 | - | office within such time as specified by the office, the office may apply to Substitute House Bill No. 5330 | |
37 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2024HB-05330-R01-HB.docx } 2 of 22 | |
67 | 38 | ||
68 | - | Public Act No. 24-40 3 of 51 | |
39 | + | general statutes is repealed and the following is substituted in lieu 19 | |
40 | + | thereof (Effective July 1, 2024): 20 | |
41 | + | (b) Except as otherwise provided in this subsection or permitted by 21 | |
42 | + | the Office of the State Traffic Administration, no local building official 22 | |
43 | + | shall issue a building or foundation permit to any person, firm, 23 | |
44 | + | corporation, state agency or municipal agency to build, expand, 24 | |
45 | + | establish or operate such a development until the person, firm, 25 | |
46 | + | corporation or agency provides to such official a copy of the certificate 26 | |
47 | + | issued under this section by the office. No local building official shall 27 | |
48 | + | issue a certificate of occupancy to any such person, firm, corporation or 28 | |
49 | + | agency for such development until the conditions of the certificate 29 | |
50 | + | issued by the office under this section have been satisfied. If the office 30 | |
51 | + | determines that a local building official issued a building or foundation 31 | |
52 | + | permit to any such person, firm, corporation or agency without such 32 | |
53 | + | person, firm, corporation or agency having a certificate from the office, 33 | |
54 | + | the office shall order the building official to revoke such building or 34 | |
55 | + | foundation permit. If the office determines that any person, firm, 35 | |
56 | + | corporation or agency has (1) started building, expanding, establishing 36 | |
57 | + | or operating such a development without first obtaining a certificate 37 | |
58 | + | from said office, or (2) has failed to comply with the conditions of such 38 | |
59 | + | a certificate, [it] the office shall order the person, firm, corporation or 39 | |
60 | + | agency to (A) cease constructing, expanding, establishing or operating 40 | |
61 | + | the development, or (B) comply with the conditions of the certificate 41 | |
62 | + | within a reasonable period of time. If such person, firm, corporation or 42 | |
63 | + | agency fails to (i) cease such work, or (ii) comply with an order of the 43 | |
64 | + | office within such time as specified by the office, the office may apply to 44 | |
65 | + | the superior court for the judicial district of Hartford or the judicial 45 | |
66 | + | district where the development is located enjoining the construction, 46 | |
67 | + | expansion, establishment or operation of such development. 47 | |
68 | + | Notwithstanding the provisions of this subsection, for single family 48 | |
69 | + | home building lots within a subdivision of land, for which a certificate 49 | |
70 | + | is required and which do not have a direct exit or entrance on, or directly 50 | |
71 | + | abut or adjoin any state highway, no local building official shall issue a 51 | |
72 | + | certificate of occupancy to any person, firm, corporation, state agency or 52 Substitute Bill No. 5330 | |
69 | 73 | ||
70 | - | the superior court for the judicial district of Hartford or the judicial | |
71 | - | district where the development is located enjoining the construction, | |
72 | - | expansion, establishment or operation of such development. | |
73 | - | Notwithstanding the provisions of this subsection, for single family | |
74 | - | home building lots within a subdivision of land, for which a certificate | |
75 | - | is required and which do not have a direct exit or entrance on, or directly | |
76 | - | abut or adjoin any state highway, no local building official shall issue a | |
77 | - | certificate of occupancy to any person, firm, corporation, state agency or | |
78 | - | municipal agency to occupy homes on such lots until the person, firm, | |
79 | - | corporation or agency provides to such official a copy of the certificate | |
80 | - | issued under this section by the office and such official confirms that the | |
81 | - | certificate conditions have been satisfied. | |
82 | - | Sec. 3. Subsection (f) of section 14-311 of the 2024 supplement to the | |
83 | - | general statutes is repealed and the following is substituted in lieu | |
84 | - | thereof (Effective July 1, 2024): | |
85 | - | (f) Before submitting an application for a certificate for any | |
86 | - | development generating large volumes of traffic pursuant to subsection | |
87 | - | (a) of this section to the Office of the State Traffic Administration, the | |
88 | - | person, firm, corporation or agency submitting such application shall | |
89 | - | attend a mandatory meeting with the Office of the State Traffic | |
90 | - | Administration and other staff from the Department of Transportation. | |
91 | - | At such meeting, such person, firm, corporation or agency shall present | |
92 | - | the applicant's proposed development and receive feedback, including, | |
93 | - | but not limited to, information as to what materials need to be submitted | |
94 | - | for an application to be considered complete. | |
95 | - | Sec. 4. Subsection (b) of section 14-311c of the 2024 supplement to the | |
96 | - | general statutes is repealed and the following is substituted in lieu | |
97 | - | thereof (Effective July 1, 2024): | |
98 | - | (b) Except as otherwise provided in this subsection or permitted by | |
99 | - | the Office of the State Traffic Administration, no local building official Substitute House Bill No. 5330 | |
100 | 74 | ||
101 | - | ||
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102 | 76 | ||
103 | - | shall issue a building or foundation permit to any such person, firm, | |
104 | - | corporation or agency to build, expand, establish or operate such a | |
105 | - | development until the person, firm, corporation or agency provides to | |
106 | - | such official a copy of the certificate issued under this section by the | |
107 | - | Office of the State Traffic Administration. No local building official shall | |
108 | - | issue a certificate of occupancy to any such person, firm, corporation or | |
109 | - | agency for such development until the conditions of the certificate | |
110 | - | issued by the office under this section have been satisfied. If the office | |
111 | - | determines that a local building official issued a building or foundation | |
112 | - | permit to any such person, firm, corporation or agency without such | |
113 | - | person, firm, corporation or agency having a certificate from the office, | |
114 | - | the office shall order the building official to revoke such building or | |
115 | - | foundation permit. If the Office of the State Traffic Administration | |
116 | - | determines that any person, firm, corporation or agency has (1) started | |
117 | - | building, expanding, establishing or operating such a development | |
118 | - | without first obtaining a certificate from said office, or (2) has failed to | |
119 | - | comply with the conditions of such a certificate, it shall order the person, | |
120 | - | firm, corporation or agency to (A) cease constructing, expanding, | |
121 | - | establishing or operating the development, or (B) to comply with the | |
122 | - | conditions of the certificate within a reasonable period of time. If such | |
123 | - | person, firm, corporation or agency fails to (i) cease such work, or (ii) | |
124 | - | comply with such order within such time as specified by the Office of | |
125 | - | the State Traffic Administration, said office or the traffic authority of the | |
126 | - | municipality wherein the development is located may apply to the | |
127 | - | superior court for the judicial district of Hartford or the judicial district | |
128 | - | where the development is located enjoining the construction, expansion, | |
129 | - | establishment or the operation of such development. Notwithstanding | |
130 | - | the provisions of this subsection, for single family home building lots | |
131 | - | within a subdivision of land, for which a certificate is required and | |
132 | - | which do not have a direct exit or entrance on, or directly abut or adjoin | |
133 | - | any state highway, no local building official shall issue a certificate of | |
134 | - | occupancy to any such person, firm, corporation or agency to occupy | |
135 | - | homes on such lots until such person, firm, corporation or agency Substitute House Bill No. 5330 | |
77 | + | municipal agency to occupy homes on such lots until the person, firm, 53 | |
78 | + | corporation or agency provides to such official a copy of the certificate 54 | |
79 | + | issued under this section by the office and such official confirms that the 55 | |
80 | + | certificate conditions have been satisfied. 56 | |
81 | + | Sec. 3. Subsection (f) of section 14-311 of the 2024 supplement to the 57 | |
82 | + | general statutes is repealed and the following is substituted in lieu 58 | |
83 | + | thereof (Effective July 1, 2024): 59 | |
84 | + | (f) Before submitting an application for a certificate for any 60 | |
85 | + | development generating large volumes of traffic pursuant to subsection 61 | |
86 | + | (a) of this section to the Office of the State Traffic Administration, the 62 | |
87 | + | person, firm, corporation or agency submitting such application shall 63 | |
88 | + | attend a mandatory meeting with the Office of the State Traffic 64 | |
89 | + | Administration and other staff from the Department of Transportation. 65 | |
90 | + | At such meeting, such person, firm, corporation or agency shall present 66 | |
91 | + | the applicant's proposed development and receive feedback, including, 67 | |
92 | + | but not limited to, information as to what materials need to be submitted 68 | |
93 | + | for an application to be considered complete. 69 | |
94 | + | Sec. 4. Subsection (b) of section 14-311c of the 2024 supplement to the 70 | |
95 | + | general statutes is repealed and the following is substituted in lieu 71 | |
96 | + | thereof (Effective July 1, 2024): 72 | |
97 | + | (b) Except as otherwise provided in this subsection or permitted by 73 | |
98 | + | the Office of the State Traffic Administration, no local building official 74 | |
99 | + | shall issue a building or foundation permit to any such person, firm, 75 | |
100 | + | corporation or agency to build, expand, establish or operate such a 76 | |
101 | + | development until the person, firm, corporation or agency provides to 77 | |
102 | + | such official a copy of the certificate issued under this section by the 78 | |
103 | + | Office of the State Traffic Administration. No local building official shall 79 | |
104 | + | issue a certificate of occupancy to any such person, firm, corporation or 80 | |
105 | + | agency for such development until the conditions of the certificate 81 | |
106 | + | issued by the office under this section have been satisfied. If the office 82 | |
107 | + | determines that a local building official issued a building or foundation 83 | |
108 | + | permit to any such person, firm, corporation or agency without such 84 Substitute Bill No. 5330 | |
136 | 109 | ||
137 | - | Public Act No. 24-40 5 of 51 | |
138 | 110 | ||
139 | - | provides to such official a copy of the certificate issued under this | |
140 | - | section by said office and such official confirms that the certificate | |
141 | - | conditions have been satisfied. | |
142 | - | Sec. 5. Subsection (f) of section 14-311c of the 2024 supplement to the | |
143 | - | general statutes is repealed and the following is substituted in lieu | |
144 | - | thereof (Effective July 1, 2024): | |
145 | - | (f) Before submitting an application for a certificate for any | |
146 | - | development generating large volumes of traffic pursuant to subsection | |
147 | - | (a) of this section to the Office of the State Traffic Administration, the | |
148 | - | person, firm, corporation or agency submitting such application shall | |
149 | - | attend a mandatory meeting with the Office of the State Traffic | |
150 | - | Administration and other staff from the Department of Transportation. | |
151 | - | At such meeting, such person, firm, corporation or agency shall present | |
152 | - | the applicant's proposed development and receive feedback, including, | |
153 | - | but not limited to, information as to what materials need to be submitted | |
154 | - | for an application to be considered complete. | |
155 | - | Sec. 6. Section 14-299 of the 2024 supplement to the general statutes | |
156 | - | is repealed and the following is substituted in lieu thereof (Effective July | |
157 | - | 1, 2024): | |
158 | - | (a) For the purpose of standardization and uniformity, no installation | |
159 | - | of or revision to any traffic control signal light shall be made by any | |
160 | - | town, city or borough until the same has been approved by the Office of | |
161 | - | the State Traffic Administration. Such approval shall be based on | |
162 | - | necessity for, location of and type of such signal light and shall be | |
163 | - | applied for on a form supplied by the Office of the State Traffic | |
164 | - | Administration and shall be submitted to said office by the traffic | |
165 | - | authority having jurisdiction. Approval of any such signal light may be | |
166 | - | revoked by the Office of the State Traffic Administration at any time if | |
167 | - | said office deems such revocation to be in the interest of public safety, | |
168 | - | and thereupon such signal lights shall be removed by the traffic Substitute House Bill No. 5330 | |
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169 | 112 | ||
170 | - | Public Act No. 24-40 6 of 51 | |
113 | + | person, firm, corporation or agency having a certificate from the office, 85 | |
114 | + | the office shall order the building official to revoke such building or 86 | |
115 | + | foundation permit. If the Office of the State Traffic Administration 87 | |
116 | + | determines that any person, firm, corporation or agency has (1) started 88 | |
117 | + | building, expanding, establishing or operating such a development 89 | |
118 | + | without first obtaining a certificate from said office, or (2) has failed to 90 | |
119 | + | comply with the conditions of such a certificate, it shall order the person, 91 | |
120 | + | firm, corporation or agency to (A) cease constructing, expanding, 92 | |
121 | + | establishing or operating the development, or (B) to comply with the 93 | |
122 | + | conditions of the certificate within a reasonable period of time. If such 94 | |
123 | + | person, firm, corporation or agency fails to (i) cease such work, or (ii) 95 | |
124 | + | comply with such order within such time as specified by the Office of 96 | |
125 | + | the State Traffic Administration, said office or the traffic authority of the 97 | |
126 | + | municipality wherein the development is located may apply to the 98 | |
127 | + | superior court for the judicial district of Hartford or the judicial district 99 | |
128 | + | where the development is located enjoining the construction, expansion, 100 | |
129 | + | establishment or the operation of such development. Notwithstanding 101 | |
130 | + | the provisions of this subsection, for single family home building lots 102 | |
131 | + | within a subdivision of land, for which a certificate is required and 103 | |
132 | + | which do not have a direct exit or entrance on, or directly abut or adjoin 104 | |
133 | + | any state highway, no local building official shall issue a certificate of 105 | |
134 | + | occupancy to any such person, firm, corporation or agency to occupy 106 | |
135 | + | homes on such lots until such person, firm, corporation or agency 107 | |
136 | + | provides to such official a copy of the certificate issued under this 108 | |
137 | + | section by said office and such official confirms that the certificate 109 | |
138 | + | conditions have been satisfied. 110 | |
139 | + | Sec. 5. Subsection (f) of section 14-311c of the 2024 supplement to the 111 | |
140 | + | general statutes is repealed and the following is substituted in lieu 112 | |
141 | + | thereof (Effective July 1, 2024): 113 | |
142 | + | (f) Before submitting an application for a certificate for any 114 | |
143 | + | development generating large volumes of traffic pursuant to subsection 115 | |
144 | + | (a) of this section to the Office of the State Traffic Administration, the 116 | |
145 | + | person, firm, corporation or agency submitting such application shall 117 | |
146 | + | attend a mandatory meeting with the Office of the State Traffic 118 Substitute Bill No. 5330 | |
171 | 147 | ||
172 | - | authority having jurisdiction. | |
173 | - | (b) When traffic at an intersection is alternately directed to proceed | |
174 | - | and to stop by the use of signals exhibiting colored lights or lighted | |
175 | - | arrows, successively one at a time or in combination, only the colors | |
176 | - | green, red and yellow shall be used, except for special pedestrian- | |
177 | - | control signals carrying word legends or symbols. Such lights or arrows | |
178 | - | shall apply to drivers of vehicles, [and] pedestrians and operators of | |
179 | - | bicycles, except when such pedestrians are directed by pedestrian- | |
180 | - | control signals pursuant to subsection (c) of this section and such | |
181 | - | operators are directed by bicycle-control signals pursuant to subsection | |
182 | - | (e) of this section. Such lights or arrows shall indicate the following: | |
183 | - | (1) Circular green alone: Vehicular traffic facing a green signal may | |
184 | - | proceed straight through or turn right or left unless a sign or marking at | |
185 | - | such place prohibits either such turn or straight through movement, | |
186 | - | except that such traffic shall yield the right-of-way to pedestrians and | |
187 | - | vehicles within a crosswalk or the intersection at the time such signal | |
188 | - | was exhibited; pedestrians facing the green signal, except when directed | |
189 | - | by separate pedestrian-control signals, may proceed across the highway | |
190 | - | within any marked or unmarked crosswalk. | |
191 | - | (2) Yellow: Vehicular traffic facing a steady yellow signal is thereby | |
192 | - | warned that the related green movement is being terminated or that a | |
193 | - | red indication will be exhibited immediately thereafter, when vehicular | |
194 | - | traffic shall stop before entering the intersection unless so close to the | |
195 | - | intersection that a stop cannot be made in safety; pedestrians facing a | |
196 | - | steady yellow signal, except when directed by separate pedestrian- | |
197 | - | control signals, are thereby advised that there is insufficient time to | |
198 | - | cross the roadway before a red indication is shown and no pedestrian | |
199 | - | shall then start to cross the roadway. | |
200 | - | (3) Red alone: Vehicular traffic facing a steady red signal alone shall | |
201 | - | stop before entering the crosswalk on the near side of the intersection Substitute House Bill No. 5330 | |
202 | 148 | ||
203 | - | ||
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204 | 150 | ||
205 | - | or, if none, then before entering the intersection and remain standing | |
206 | - | until the next indication is shown; provided, on or after July 1, 1979, | |
207 | - | vehicular traffic traveling in the travel lane nearest the right hand curb | |
208 | - | or other defined edge of the roadway, unless a sign approved by the | |
209 | - | Office of the State Traffic Administration has been erected in the | |
210 | - | appropriate place prohibiting this movement, may cautiously enter the | |
211 | - | intersection to make a right turn onto a two-way street or onto another | |
212 | - | one-way street on which all the traffic is moving to such vehicle's right | |
213 | - | after such vehicle has stopped as required in this subdivision and | |
214 | - | yielded the right-of-way to pedestrians within an adjacent crosswalk | |
215 | - | and to other traffic lawfully using the intersection. Pedestrians facing a | |
216 | - | steady red signal alone, except when directed by separate pedestrian- | |
217 | - | control signals, shall not enter the roadway. | |
218 | - | (4) Green arrow: Vehicular traffic facing a green arrow signal, shown | |
219 | - | alone or in combination with another indication, may cautiously enter | |
220 | - | the intersection only to make the movement indicated by such arrow, or | |
221 | - | such other movement as is permitted by other indications shown at the | |
222 | - | same time, but such vehicular traffic shall yield the right-of-way to | |
223 | - | pedestrians within a crosswalk and to other traffic lawfully within the | |
224 | - | intersection. | |
225 | - | [(5)] (c) Whenever special pedestrian-control signals exhibiting the | |
226 | - | words "Walk" or "Don't Walk" or the image of a walking person | |
227 | - | symbolizing "Walk" or an upraised hand symbolizing "Don't Walk" are | |
228 | - | in place, [such] pedestrians shall comply with such signals. Such signals | |
229 | - | shall indicate as follows: (1) "Walk" or walking person symbol: | |
230 | - | Pedestrians facing such signals may proceed across the roadway in the | |
231 | - | direction of the signal and shall be given the right-of-way by the drivers | |
232 | - | of all vehicles; and (2) "Don't Walk" or upraised hand symbol: No | |
233 | - | pedestrian shall start to cross the roadway in the direction of such signal, | |
234 | - | but any pedestrian who has partially completed crossing on the walk | |
235 | - | signal shall proceed to a sidewalk or safety island while the flashing Substitute House Bill No. 5330 | |
151 | + | Administration and other staff from the Department of Transportation. 119 | |
152 | + | At such meeting, such person, firm, corporation or agency shall present 120 | |
153 | + | the applicant's proposed development and receive feedback, including, 121 | |
154 | + | but not limited to, information as to what materials need to be submitted 122 | |
155 | + | for an application to be considered complete. 123 | |
156 | + | Sec. 6. Section 14-299 of the 2024 supplement to the general statutes 124 | |
157 | + | is repealed and the following is substituted in lieu thereof (Effective 125 | |
158 | + | October 1, 2024): 126 | |
159 | + | (a) For the purpose of standardization and uniformity, no installation 127 | |
160 | + | of or revision to any traffic control signal light shall be made by any 128 | |
161 | + | town, city or borough until the same has been approved by the Office of 129 | |
162 | + | the State Traffic Administration. Such approval shall be based on 130 | |
163 | + | necessity for, location of and type of such signal light and shall be 131 | |
164 | + | applied for on a form supplied by the Office of the State Traffic 132 | |
165 | + | Administration and shall be submitted to said office by the traffic 133 | |
166 | + | authority having jurisdiction. Approval of any such signal light may be 134 | |
167 | + | revoked by the Office of the State Traffic Administration at any time if 135 | |
168 | + | said office deems such revocation to be in the interest of public safety, 136 | |
169 | + | and thereupon such signal lights shall be removed by the traffic 137 | |
170 | + | authority having jurisdiction. 138 | |
171 | + | (b) When traffic at an intersection is alternately directed to proceed 139 | |
172 | + | and to stop by the use of signals exhibiting colored lights or lighted 140 | |
173 | + | arrows, successively one at a time or in combination, only the colors 141 | |
174 | + | green, red and yellow shall be used, except for special pedestrian-142 | |
175 | + | control signals carrying word legends or symbols. Such lights or arrows 143 | |
176 | + | shall apply to drivers of vehicles, [and] pedestrians [and shall] and 144 | |
177 | + | operators of bicycles, except when such operators are directed by 145 | |
178 | + | bicycle-control signals pursuant to subsection (d) of this section. Such 146 | |
179 | + | lights or arrows shall indicate the following: 147 | |
180 | + | (1) Circular green alone: Vehicular traffic facing a green signal may 148 | |
181 | + | proceed straight through or turn right or left unless a sign or marking at 149 | |
182 | + | such place prohibits either such turn or straight through movement, 150 Substitute Bill No. 5330 | |
236 | 183 | ||
237 | - | Public Act No. 24-40 8 of 51 | |
238 | 184 | ||
239 | - | "Don't Walk" or flashing upraised hand symbol signal is showing. | |
240 | - | [(c)] (d) When an illuminated flashing red or yellow signal is used in | |
241 | - | a traffic sign or signal, it shall require obedience by vehicular traffic as | |
242 | - | follows: | |
243 | - | (1) Flashing red: When a red lens is illuminated by rapid intermittent | |
244 | - | flashes, [drivers of vehicles] vehicular traffic shall stop before entering | |
245 | - | the nearest crosswalk at an intersection, or at a limit line when marked | |
246 | - | or, if none, then before entering the intersection, and the right to proceed | |
247 | - | shall be subject to the rules applicable after making a stop at a stop sign. | |
248 | - | (2) Flashing yellow: When a yellow lens is illuminated with rapid | |
249 | - | intermittent flashes, [drivers of vehicles] vehicular traffic facing such | |
250 | - | signal may proceed through the intersection or past such signal only | |
251 | - | with caution. | |
252 | - | (e) Whenever bicycle-control signals with three lens signal heads | |
253 | - | exhibiting green, yellow or red bicycle stenciled lenses are in place, the | |
254 | - | operators of bicycles shall comply with such signals. Such signals shall | |
255 | - | indicate as follows: | |
256 | - | (1) Green bicycle: Bicycle traffic facing a green bicycle signal may | |
257 | - | proceed in the same manner as if facing a green signal alone as described | |
258 | - | in subdivision (1) of subsection (b) of this section. | |
259 | - | (2) Yellow bicycle: Bicycle traffic facing a yellow bicycle signal is | |
260 | - | thereby warned in the same manner as if facing a steady yellow signal | |
261 | - | as described in subdivision (2) of subsection (b) of this section. | |
262 | - | (3) Red bicycle: Bicycle traffic facing a red bicycle signal shall stop in | |
263 | - | the same manner as if facing a steady red signal alone as described in | |
264 | - | subdivision (3) of subsection (b) of this section, provided bicycle traffic | |
265 | - | may cautiously enter the intersection as described in said subdivision. Substitute House Bill No. 5330 | |
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266 | 186 | ||
267 | - | Public Act No. 24-40 9 of 51 | |
187 | + | except that such traffic shall yield the right-of-way to pedestrians and 151 | |
188 | + | vehicles within a crosswalk or the intersection at the time such signal 152 | |
189 | + | was exhibited; pedestrians facing the green signal, except when directed 153 | |
190 | + | by separate pedestrian-control signals, may proceed across the highway 154 | |
191 | + | within any marked or unmarked crosswalk. 155 | |
192 | + | (2) Yellow: Vehicular traffic facing a steady yellow signal is thereby 156 | |
193 | + | warned that the related green movement is being terminated or that a 157 | |
194 | + | red indication will be exhibited immediately thereafter, when vehicular 158 | |
195 | + | traffic shall stop before entering the intersection unless so close to the 159 | |
196 | + | intersection that a stop cannot be made in safety; pedestrians facing a 160 | |
197 | + | steady yellow signal, except when directed by separate pedestrian-161 | |
198 | + | control signals, are thereby advised that there is insufficient time to 162 | |
199 | + | cross the roadway before a red indication is shown and no pedestrian 163 | |
200 | + | shall then start to cross the roadway. 164 | |
201 | + | (3) Red alone: Vehicular traffic facing a steady red signal alone shall 165 | |
202 | + | stop before entering the crosswalk on the near side of the intersection 166 | |
203 | + | or, if none, then before entering the intersection and remain standing 167 | |
204 | + | until the next indication is shown; provided, on or after July 1, 1979, 168 | |
205 | + | vehicular traffic traveling in the travel lane nearest the right hand curb 169 | |
206 | + | or other defined edge of the roadway, unless a sign approved by the 170 | |
207 | + | Office of the State Traffic Administration has been erected in the 171 | |
208 | + | appropriate place prohibiting this movement, may cautiously enter the 172 | |
209 | + | intersection to make a right turn onto a two-way street or onto another 173 | |
210 | + | one-way street on which all the traffic is moving to such vehicle's right 174 | |
211 | + | after such vehicle has stopped as required in this subdivision and 175 | |
212 | + | yielded the right-of-way to pedestrians within an adjacent crosswalk 176 | |
213 | + | and to other traffic lawfully using the intersection. Pedestrians facing a 177 | |
214 | + | steady red signal alone, except when directed by separate pedestrian-178 | |
215 | + | control signals, shall not enter the roadway. 179 | |
216 | + | (4) Green arrow: Vehicular traffic facing a green arrow signal, shown 180 | |
217 | + | alone or in combination with another indication, may cautiously enter 181 | |
218 | + | the intersection only to make the movement indicated by such arrow, or 182 | |
219 | + | such other movement as is permitted by other indications shown at the 183 Substitute Bill No. 5330 | |
268 | 220 | ||
269 | - | (4) Flashing red bicycle: When a red bicycle signal is illuminated by | |
270 | - | rapid intermittent flashes, bicycle traffic shall stop in the same manner | |
271 | - | as if facing a red lens illuminated by rapid intermittent flashes as | |
272 | - | described in subdivision (1) of subsection (d) of this section. | |
273 | - | (5) Flashing yellow bicycle: When a yellow bicycle signal is | |
274 | - | illuminated by rapid intermittent flashes, bicycle traffic may proceed as | |
275 | - | described in subdivision (2) of subsection (d) of this section. | |
276 | - | [(d)] (f) Lenses of the following colors only shall be used and shall be | |
277 | - | arranged vertically in the signal face or, when necessary, horizontally, | |
278 | - | and shall conform to the following positions: When arranged vertically, | |
279 | - | red shall be located at the top, yellow shall be located directly below red | |
280 | - | and the remaining indications below the yellow in the following order: | |
281 | - | Flashing yellow, circular green, vertical arrow, left-turn arrow and | |
282 | - | right-turn arrow, as needed; when arranged horizontally, red shall be | |
283 | - | located at the left, yellow shall be located directly to the right of red and | |
284 | - | the remaining indications to the right of yellow in the following order: | |
285 | - | Flashing yellow, left-turn arrow, circular green, vertical arrow and | |
286 | - | right-turn arrow, as needed. | |
287 | - | [(e)] (g) When lane-direction-control signals are placed over the | |
288 | - | individual lanes of a street or highway, vehicular traffic may travel in | |
289 | - | any lane over which a green arrow signal is shown, but shall not enter | |
290 | - | or travel in any lane over which a red X signal is shown. | |
291 | - | [(f)] (h) If a traffic control signal, approved by the Office of the State | |
292 | - | Traffic Administration, is erected and maintained at a place other than | |
293 | - | an intersection, the provisions of this section shall be applicable except | |
294 | - | as to those provisions which by their nature can have no application. | |
295 | - | Any stop required shall be made at a sign or marking on the pavement | |
296 | - | indicating where the stop shall be made, but in the absence of any sign | |
297 | - | or marking, the stop shall be made at the signal. Substitute House Bill No. 5330 | |
298 | 221 | ||
299 | - | ||
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224 | + | same time, but such vehicular traffic shall yield the right-of-way to 184 | |
225 | + | pedestrians within a crosswalk and to other traffic lawfully within the 185 | |
226 | + | intersection. 186 | |
227 | + | (5) Whenever special pedestrian-control signals exhibiting the words 187 | |
228 | + | "Walk" or "Don't Walk" or the image of a walking person symbolizing 188 | |
229 | + | "Walk" or an upraised hand symbolizing "Don't Walk" are in place, such 189 | |
230 | + | signals shall indicate as follows: "Walk" or walking person symbol: 190 | |
231 | + | Pedestrians facing such signals may proceed across the roadway in the 191 | |
232 | + | direction of the signal and shall be given the right-of-way by the drivers 192 | |
233 | + | of all vehicles; "Don't Walk" or upraised hand symbol: No pedestrian 193 | |
234 | + | shall start to cross the roadway in the direction of such signal, but any 194 | |
235 | + | pedestrian who has partially completed crossing on the walk signal 195 | |
236 | + | shall proceed to a sidewalk or safety island while the flashing "Don't 196 | |
237 | + | Walk" or flashing upraised hand symbol signal is showing. 197 | |
238 | + | (c) When an illuminated flashing red or yellow signal is used in a 198 | |
239 | + | traffic sign or signal, it shall require obedience by vehicular traffic as 199 | |
240 | + | follows: 200 | |
241 | + | (1) Flashing red: When a red lens is illuminated by rapid intermittent 201 | |
242 | + | flashes, [drivers of vehicles] vehicular traffic shall stop before entering 202 | |
243 | + | the nearest crosswalk at an intersection, or at a limit line when marked 203 | |
244 | + | or, if none, then before entering the intersection, and the right to proceed 204 | |
245 | + | shall be subject to the rules applicable after making a stop at a stop sign. 205 | |
246 | + | (2) Flashing yellow: When a yellow lens is illuminated with rapid 206 | |
247 | + | intermittent flashes, [drivers of vehicles] vehicular traffic facing such 207 | |
248 | + | signal may proceed through the intersection or past such signal only 208 | |
249 | + | with caution. 209 | |
250 | + | (d) Whenever bicycle-control signals with three lens signal heads 210 | |
251 | + | exhibiting green, yellow or red bicycle stenciled lenses are in place, the 211 | |
252 | + | operators of bicycles shall comply with such signals. Such signals shall 212 | |
253 | + | indicate as follows: 213 | |
254 | + | (1) Green bicycle: Bicycle traffic facing a green bicycle signal may 214 Substitute Bill No. 5330 | |
332 | 255 | ||
333 | - | Public Act No. 24-40 11 of 51 | |
334 | 256 | ||
335 | - | Office of the State Traffic Administration as provided in section 14-299, | |
336 | - | as amended by this act; | |
337 | - | Sec. 9. Subsection (b) of section 14-218a of the 2024 supplement to the | |
338 | - | general statutes is repealed and the following is substituted in lieu | |
339 | - | thereof (Effective October 1, 2024): | |
340 | - | (b) (1) Except as provided in subdivision (2) of this subsection, the | |
341 | - | Office of the State Traffic Administration shall establish a speed limit | |
342 | - | not to exceed sixty-five miles per hour on each multiple lane, limited | |
343 | - | access highway. The office shall establish speed limits that are suitable | |
344 | - | for each such highway, taking into consideration relevant factors | |
345 | - | including design, population of area and traffic flow. | |
346 | - | (2) The Commissioner of Transportation may establish [the speed | |
347 | - | limit on limited access highways during a weather event or an | |
348 | - | emergency, provided the commissioner erects electronic signs | |
349 | - | indicating such speed limit] a variable speed limit to allow for the | |
350 | - | temporary lowering of a posted speed limit on a limited access highway, | |
351 | - | or a designated portion thereof, to address traffic congestion, road | |
352 | - | construction or any other condition that affects the safe and orderly | |
353 | - | movement of traffic on such limited access highway. Any such variable | |
354 | - | speed limit (A) shall be based on an engineering investigation; (B) shall | |
355 | - | not be less than ten miles per hour below the posted speed limit on such | |
356 | - | highway, or designated portion thereof; and (C) shall be effective when | |
357 | - | the variable speed limit is posted and when a sign notifying motorists | |
358 | - | of the change in the posted speed limit is erected not less than five | |
359 | - | hundred feet, but not more than one thousand feet, before the point at | |
360 | - | which the variable speed limit begins. The commissioner shall use | |
361 | - | stationary or portable changeable message signs to provide notice of a | |
362 | - | variable speed limit. | |
363 | - | Sec. 10. Subsection (e) of section 13a-123 of the general statutes is | |
364 | - | repealed and the following is substituted in lieu thereof (Effective July 1, Substitute House Bill No. 5330 | |
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365 | 258 | ||
366 | - | Public Act No. 24-40 12 of 51 | |
259 | + | proceed in the same manner as if facing a green signal alone as described 215 | |
260 | + | in subdivision (1) of subsection (b) of this section. 216 | |
261 | + | (2) Yellow bicycle: Bicycle traffic facing a yellow bicycle signal is 217 | |
262 | + | thereby warned in the same manner as if facing a steady yellow signal 218 | |
263 | + | as described in subdivision (2) of subsection (b) of this section. 219 | |
264 | + | (3) Red bicycle: Bicycle traffic facing a red bicycle signal shall stop in 220 | |
265 | + | the same manner as if facing a steady red signal alone as described in 221 | |
266 | + | subdivision (3) of subsection (b) of this section, provided bicycle traffic 222 | |
267 | + | may cautiously enter the intersection as described in said subdivision. 223 | |
268 | + | (4) Flashing red bicycle: When a red bicycle signal is illuminated by 224 | |
269 | + | rapid intermittent flashes, bicycle traffic shall stop in the same manner 225 | |
270 | + | as if facing a red lens illuminated by rapid intermittent flashes as 226 | |
271 | + | described in subdivision (1) of subsection (c) of this section. 227 | |
272 | + | (5) Flashing yellow bicycle: When a yellow bicycle signal is 228 | |
273 | + | illuminated by rapid intermittent flashes, bicycle traffic may proceed as 229 | |
274 | + | described in subdivision (2) of subsection (c) of this section. 230 | |
275 | + | [(d)] (e) Lenses of the following colors only shall be used and shall be 231 | |
276 | + | arranged vertically in the signal face or, when necessary, horizontally, 232 | |
277 | + | and shall conform to the following positions: When arranged vertically, 233 | |
278 | + | red shall be located at the top, yellow shall be located directly below red 234 | |
279 | + | and the remaining indications below the yellow in the following order: 235 | |
280 | + | Flashing yellow, circular green, vertical arrow, left-turn arrow and 236 | |
281 | + | right-turn arrow, as needed; when arranged horizontally, red shall be 237 | |
282 | + | located at the left, yellow shall be located directly to the right of red and 238 | |
283 | + | the remaining indications to the right of yellow in the following order: 239 | |
284 | + | Flashing yellow, left-turn arrow, circular green, vertical arrow and 240 | |
285 | + | right-turn arrow, as needed. 241 | |
286 | + | [(e)] (f) When lane-direction-control signals are placed over the 242 | |
287 | + | individual lanes of a street or highway, vehicular traffic may travel in 243 | |
288 | + | any lane over which a green arrow signal is shown, but shall not enter 244 | |
289 | + | or travel in any lane over which a red X signal is shown. 245 Substitute Bill No. 5330 | |
367 | 290 | ||
368 | - | 2024): | |
369 | - | (e) The following types of signs, displays and devices may, with the | |
370 | - | approval of and subject to regulations adopted by the commissioner, be | |
371 | - | permitted within the six-hundred-sixty-foot area of interstate, primary | |
372 | - | and other limited access state highways, except as prohibited by state | |
373 | - | statute, local ordinance or zoning regulation: (1) Directional and other | |
374 | - | official signs or notices, which signs and notices shall include, but not | |
375 | - | be limited to, signs and notices pertaining to natural wonders and scenic | |
376 | - | and historical attractions which are required or authorized by law; (2) | |
377 | - | signs, displays and devices advertising the sale or lease of the property | |
378 | - | upon which they are located; (3) signs, displays and devices advertising | |
379 | - | activities conducted on the property on which they are located; (4) signs, | |
380 | - | displays or advertising devices which are in place for sixty days or less; | |
381 | - | and (5) advertising signs, displays or devices (A) located or erected on | |
382 | - | real property or abutting real property within areas owned, leased or | |
383 | - | managed by a public authority for the purpose of (i) railway or rail | |
384 | - | infrastructure facilities, including, but not limited to, associated | |
385 | - | structures located within areas zoned solely or predominantly for the | |
386 | - | development of a railway or rail infrastructure facilities, (ii) bus rapid | |
387 | - | transit corridors, including, but not limited to, the Hartford-New Britain | |
388 | - | busway project authorized in section 13b-15a, and any shelter, structure | |
389 | - | or other facility associated with the operation of such bus rapid transit | |
390 | - | corridor, (iii) airport development zones designated in section 32-75d, | |
391 | - | [or] (iv) bus facilities, or (v) any other similar transit or freight purpose, | |
392 | - | or (B) upon or within buildings, structures or other venues in the | |
393 | - | custody or control of the state and designed, operated or intended to be | |
394 | - | operated for the purpose of presenting athletic, artistic, musical or other | |
395 | - | entertainment events. Subject to regulations adopted by the | |
396 | - | commissioner and except as prohibited by state statute, local ordinance | |
397 | - | or zoning regulation, signs, displays and devices may be erected and | |
398 | - | maintained within six hundred sixty feet of primary and other limited | |
399 | - | access state highways in areas which are zoned for industrial or Substitute House Bill No. 5330 | |
400 | 291 | ||
401 | - | ||
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402 | 293 | ||
403 | - | commercial use under authority of law or located in unzoned | |
404 | - | commercial or industrial areas which areas shall be determined from | |
405 | - | actual land uses and defined by regulations of the commissioner. The | |
406 | - | regulations of the commissioner in regard to size, spacing and lighting | |
407 | - | shall apply to any segments of the interstate system which traverse | |
408 | - | commercial or industrial zones wherein the use of real property adjacent | |
409 | - | to the interstate system is subject to municipal regulation or control, or | |
410 | - | which traverse other areas where the land use, as of September 21, 1959, | |
411 | - | was clearly established under state law as industrial or commercial. | |
412 | - | Sec. 11. Subsection (b) of section 13b-38ff of the 2024 supplement to | |
413 | - | the general statutes is repealed and the following is substituted in lieu | |
414 | - | thereof (Effective July 1, 2024): | |
415 | - | (b) [On and after July 1, 2024, each] Each new bus stop or shelter | |
416 | - | constructed by the Department of Transportation or a transit district on | |
417 | - | and after July 1, 2024, shall (1) be in accordance with the plan developed | |
418 | - | pursuant to subsection (a) of this section, and (2) comply with physical | |
419 | - | accessibility guidelines, as applicable, under the federal Americans with | |
420 | - | Disabilities Act, 42 USC 12101, et seq., as amended from time to time. | |
421 | - | Sec. 12. Subdivision (10) of section 13b-2 of the general statutes is | |
422 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
423 | - | 2024): | |
424 | - | (10) ["Fare inspector"] "Fare inspection duties" means the duties of an | |
425 | - | employee of (A) the department designated by the commissioner, or (B) | |
426 | - | a third-party contractor employed by the department, [whose duties are | |
427 | - | to inspect] which include, but are not limited to, the inspection of tickets, | |
428 | - | passes or other documentation required to show compliance by the | |
429 | - | passenger with the fare payment requirements of state-owned or | |
430 | - | controlled bus public transportation service when the fare payment is | |
431 | - | off board or a combination of off board and on board such bus. Substitute House Bill No. 5330 | |
294 | + | [(f)] (g) If a traffic control signal, approved by the Office of the State 246 | |
295 | + | Traffic Administration, is erected and maintained at a place other than 247 | |
296 | + | an intersection, the provisions of this section shall be applicable except 248 | |
297 | + | as to those provisions which by their nature can have no application. 249 | |
298 | + | Any stop required shall be made at a sign or marking on the pavement 250 | |
299 | + | indicating where the stop shall be made, but in the absence of any sign 251 | |
300 | + | or marking, the stop shall be made at the signal. 252 | |
301 | + | Sec. 7. (NEW) (Effective July 1, 2024) Notwithstanding the provisions 253 | |
302 | + | of any municipal charter, special act or home rule ordinance, any 254 | |
303 | + | municipality may, by vote of its legislative body, establish a traffic 255 | |
304 | + | authority and appoint one or more persons as members to serve on such 256 | |
305 | + | traffic authority. The qualifications, terms of office and compensation, if 257 | |
306 | + | any, of any such members shall be prescribed by such legislative body. 258 | |
307 | + | A traffic authority established pursuant to this section shall replace any 259 | |
308 | + | existing traffic authority in such municipality and have the same powers 260 | |
309 | + | and duties as a traffic authority described in subparagraphs (A) to (C), 261 | |
310 | + | inclusive, of subdivision (7) of section 14-297 of the general statutes, as 262 | |
311 | + | amended by this act. 263 | |
312 | + | Sec. 8. Subdivision (7) of section 14-297 of the general statutes is 264 | |
313 | + | repealed and the following is substituted in lieu thereof (Effective October 265 | |
314 | + | 1, 2024): 266 | |
315 | + | (7) "Traffic authority" means (A) the board of police commissioners 267 | |
316 | + | of any city, town or borough, [or] (B) the city or town manager, the chief 268 | |
317 | + | of police, the superintendent of police or any legally elected or 269 | |
318 | + | appointed official or board [, or any official] having similar powers and 270 | |
319 | + | duties [,] of any city, town or borough that has no board of police 271 | |
320 | + | commissioners but has a regularly appointed police force, [or] (C) the 272 | |
321 | + | board of selectmen of any town in which there is no city or borough with 273 | |
322 | + | a regularly appointed police force, or (D) a traffic authority established 274 | |
323 | + | pursuant to section 7 of this act, except that, with respect to state 275 | |
324 | + | highways and bridges, "traffic authority" means the Office of the State 276 | |
325 | + | Traffic Administration, provided nothing contained in this section shall 277 | |
326 | + | be construed to limit or detract from the jurisdiction or authority of the 278 Substitute Bill No. 5330 | |
432 | 327 | ||
433 | - | Public Act No. 24-40 14 of 51 | |
434 | 328 | ||
435 | - | Sec. 13. Subsection (a) of section 13b-34 of the general statutes is | |
436 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
437 | - | 2024): | |
438 | - | (a) The commissioner [shall have power] may, in order to aid or | |
439 | - | promote the operation, whether temporary or permanent, of any | |
440 | - | transportation service operating to, from or in the state, to contract in | |
441 | - | the name of the state with any person, including, but not limited to, any | |
442 | - | common carrier, any transit district formed under chapter 103a or any | |
443 | - | special act, or any political subdivision or entity, or with the United | |
444 | - | States or any other state, or any agency, instrumentality, subdivision, | |
445 | - | department or officer thereof, for purposes of initiating, continuing, | |
446 | - | developing, providing or improving any such transportation service. | |
447 | - | Such contracts may include provision for arbitration of disputed issues. | |
448 | - | The commissioner, in order to aid or promote the operation of any | |
449 | - | transportation service operating outside the state, may contract in the | |
450 | - | name of the state with any person, including, but not limited to, any | |
451 | - | common carrier, or with the United States or any other state, or any | |
452 | - | agency, instrumentality, subdivision, department or officer thereof, for | |
453 | - | purposes of providing any transportation service in the event such | |
454 | - | assistance is required in the case of an emergency or a special event. The | |
455 | - | state, acting by and through the commissioner, may, by itself or in | |
456 | - | concert with others, provide all or a portion of any such service, share | |
457 | - | in the costs of or provide funds for such service, or furnish equipment | |
458 | - | or facilities for use in such service upon such terms and conditions as | |
459 | - | the commissioner may deem necessary or advisable, and any such | |
460 | - | contracts may include, without limitation thereto, arrangements under | |
461 | - | which the state shall so provide service, share costs, provide funds or | |
462 | - | furnish equipment or facilities. To these ends, the commissioner may in | |
463 | - | the name of the state acquire or obtain the use of facilities and | |
464 | - | equipment employed in providing any such service by gift, purchase, | |
465 | - | lease or other arrangements and may own and operate any such | |
466 | - | facilities and equipment and establish, charge and collect such fares and Substitute House Bill No. 5330 | |
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467 | 330 | ||
468 | - | Public Act No. 24-40 15 of 51 | |
331 | + | Office of the State Traffic Administration to adopt regulations 279 | |
332 | + | establishing a uniform system of traffic control signals, devices, signs 280 | |
333 | + | and markings as provided in section 14-298, and the requirement that 281 | |
334 | + | no installation of any traffic control signal light shall be made by any 282 | |
335 | + | city, town or borough until the installation has been approved by the 283 | |
336 | + | Office of the State Traffic Administration as provided in section 14-299, 284 | |
337 | + | as amended by this act; 285 | |
338 | + | Sec. 9. Subsection (b) of section 14-218a of the 2024 supplement to the 286 | |
339 | + | general statutes is repealed and the following is substituted in lieu 287 | |
340 | + | thereof (Effective October 1, 2024): 288 | |
341 | + | (b) (1) Except as provided in subdivision (2) of this subsection, the 289 | |
342 | + | Office of the State Traffic Administration shall establish a speed limit 290 | |
343 | + | not to exceed sixty-five miles per hour on each multiple lane, limited 291 | |
344 | + | access highway. The office shall establish speed limits that are suitable 292 | |
345 | + | for each such highway, taking into consideration relevant factors 293 | |
346 | + | including design, population of area and traffic flow. 294 | |
347 | + | (2) The Commissioner of Transportation may establish [the speed 295 | |
348 | + | limit on limited access highways during a weather event or an 296 | |
349 | + | emergency, provided the commissioner erects electronic signs 297 | |
350 | + | indicating such speed limit] a variable speed limit to allow for the 298 | |
351 | + | temporary lowering of a posted speed limit on a limited access highway 299 | |
352 | + | to address traffic congestion, road construction or any other condition 300 | |
353 | + | that affects the safe and orderly movement of traffic on such limited 301 | |
354 | + | access highway. Any such variable speed limit (A) shall be based on an 302 | |
355 | + | engineering investigation; (B) may be effective for all, or a designated 303 | |
356 | + | portion, of such highway; (C) shall not be less than ten miles per hour 304 | |
357 | + | below the posted speed limit on such highway, or portion thereof; and 305 | |
358 | + | (D) shall be effective when the variable speed limit is posted and when 306 | |
359 | + | a sign notifying motorists of the change in the posted speed limit is 307 | |
360 | + | erected not less than five hundred feet, but not more than one thousand 308 | |
361 | + | feet, before the point at which the variable speed limit begins. The 309 | |
362 | + | commissioner shall use stationary or portable changeable message signs 310 | |
363 | + | to provide notice of a variable speed limit. 311 Substitute Bill No. 5330 | |
469 | 364 | ||
470 | - | other charges or arrange for such collection for the use or services | |
471 | - | thereof as [he] the commissioner may deem necessary, convenient or | |
472 | - | desirable. The commissioner, or any [fare inspector] employee of the | |
473 | - | department or of a third-party contractor with fare inspection duties, as | |
474 | - | defined in section 13b-2, as amended by this act, shall have the authority | |
475 | - | to issue citations for any violation of section 13b-38i. The commissioner | |
476 | - | may also acquire title in fee simple to, or any lesser estate, interest or | |
477 | - | right in, any rights-of-way, properties or facilities, including properties | |
478 | - | used on or before October 1, 1969, for rail or other forms of | |
479 | - | transportation services. The commissioner may hold such properties for | |
480 | - | future use by the state and may enter into agreements for interim use of | |
481 | - | such properties for other purposes. Any person contracting with the | |
482 | - | state pursuant to this section for the provision of any transportation | |
483 | - | service shall not be considered an arm or agent of the state. Any | |
484 | - | damages caused by the operation of such transportation service by such | |
485 | - | person may be recovered in a civil action brought against such person | |
486 | - | in the superior court and such person may not assert the defense of | |
487 | - | sovereign immunity in such action. | |
488 | - | Sec. 14. Subsection (j) of section 13b-34 of the general statutes is | |
489 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
490 | - | 2024): | |
491 | - | (j) If the commissioner deems it to be in the best interest of the state, | |
492 | - | the commissioner may indemnify and hold harmless the Metro-North | |
493 | - | Commuter Railroad Company in its capacity as the state's contracted | |
494 | - | maintainer of the M-8 rail car fleet for claims brought by the National | |
495 | - | Railroad Passenger Corporation or other third parties against the Metro- | |
496 | - | North Commuter Railroad Company relative to the operation of M-8 | |
497 | - | rail cars on National Railroad Passenger Corporation property, | |
498 | - | provided such indemnification does not relieve the Metro-North | |
499 | - | Commuter Railroad Company from liability for its wilful or negligent | |
500 | - | acts or omissions. Substitute House Bill No. 5330 | |
501 | 365 | ||
502 | - | ||
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503 | 367 | ||
504 | - | Sec. 15. Subdivision (1) of subsection (a) of section 14-307e of the 2024 | |
505 | - | supplement to the general statutes is repealed and the following is | |
506 | - | substituted in lieu thereof (Effective July 1, 2024): | |
507 | - | (a) (1) A municipality's plan concerning the use of automated traffic | |
508 | - | enforcement safety devices in the municipality shall identify the | |
509 | - | proposed locations of such devices and include documentation that | |
510 | - | such proposed locations comply with the guidelines developed | |
511 | - | pursuant to subsection (a) of section 14-307d. The municipality shall | |
512 | - | conduct a public hearing regarding any such plan prior to submission | |
513 | - | and, by vote of its legislative body or, in a municipality where the | |
514 | - | legislative body is a town meeting, by vote of the board of [selectman] | |
515 | - | selectmen, shall submit such plan to the Department of Transportation, | |
516 | - | in such form as the department may prescribe. | |
517 | - | Sec. 16. Section 13a-265 of the general statutes is repealed and the | |
518 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
519 | - | The Department of Motor Vehicles shall provide the Department of | |
520 | - | Transportation and any vendor with information regarding the owner | |
521 | - | of a motor vehicle identified by a work zone speed [camera] control | |
522 | - | system as allegedly violating the provisions of section 13a-263, as | |
523 | - | amended by this act. Such information shall include, but need not be | |
524 | - | limited to, the make and number plate of such motor vehicle and the | |
525 | - | name and address of the owner of such motor vehicle. | |
526 | - | Sec. 17. Section 14-307g of the 2024 supplement to the general statutes | |
527 | - | is repealed and the following is substituted in lieu thereof (Effective July | |
528 | - | 1, 2024): | |
529 | - | (a) Not later than eighteen months following the date an automated | |
530 | - | traffic enforcement safety device becomes operational in a municipality | |
531 | - | pursuant to section 14-307c, as amended by this act, the municipality | |
532 | - | shall submit a report to the Department of Transportation and to the Substitute House Bill No. 5330 | |
368 | + | Sec. 10. Subsection (e) of section 13a-123 of the general statutes is 312 | |
369 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 313 | |
370 | + | 2024): 314 | |
371 | + | (e) The following types of signs, displays and devices may, with the 315 | |
372 | + | approval of and subject to regulations adopted by the commissioner, be 316 | |
373 | + | permitted within the six-hundred-sixty-foot area of interstate, primary 317 | |
374 | + | and other limited access state highways, except as prohibited by state 318 | |
375 | + | statute, local ordinance or zoning regulation: (1) Directional and other 319 | |
376 | + | official signs or notices, which signs and notices shall include, but not 320 | |
377 | + | be limited to, signs and notices pertaining to natural wonders and scenic 321 | |
378 | + | and historical attractions which are required or authorized by law; (2) 322 | |
379 | + | signs, displays and devices advertising the sale or lease of the property 323 | |
380 | + | upon which they are located; (3) signs, displays and devices advertising 324 | |
381 | + | activities conducted on the property on which they are located; (4) signs, 325 | |
382 | + | displays or advertising devices which are in place for sixty days or less; 326 | |
383 | + | and (5) advertising signs, displays or devices (A) located or erected on 327 | |
384 | + | real property or abutting real property within areas owned, leased or 328 | |
385 | + | managed by a public authority for the purpose of (i) railway or rail 329 | |
386 | + | infrastructure facilities, including, but not limited to, associated 330 | |
387 | + | structures located within areas zoned solely or predominantly for the 331 | |
388 | + | development of a railway or rail infrastructure facilities, (ii) bus rapid 332 | |
389 | + | transit corridors, including, but not limited to, the Hartford-New Britain 333 | |
390 | + | busway project authorized in section 13b-15a, and any shelter, structure 334 | |
391 | + | or other facility associated with the operation of such bus rapid transit 335 | |
392 | + | corridor, (iii) airport development zones designated in section 32-75d, 336 | |
393 | + | [or] (iv) bus facilities, or (v) any other similar transit or freight purpose, 337 | |
394 | + | or (B) upon or within buildings, structures or other venues in the 338 | |
395 | + | custody or control of the state and designed, operated or intended to be 339 | |
396 | + | operated for the purpose of presenting athletic, artistic, musical or other 340 | |
397 | + | entertainment events. Subject to regulations adopted by the 341 | |
398 | + | commissioner and except as prohibited by state statute, local ordinance 342 | |
399 | + | or zoning regulation, signs, displays and devices may be erected and 343 | |
400 | + | maintained within six hundred sixty feet of primary and other limited 344 | |
401 | + | access state highways in areas which are zoned for industrial or 345 Substitute Bill No. 5330 | |
533 | 402 | ||
534 | - | Public Act No. 24-40 17 of 51 | |
535 | 403 | ||
536 | - | joint standing committee of the General Assembly having cognizance of | |
537 | - | matters relating to transportation, in accordance with the provisions of | |
538 | - | section 11-4a. Such report shall include, but need not be limited to: (1) | |
539 | - | The number of violations of sections 14-218a, as amended by this act, | |
540 | - | and 14-219 and subdivision (3) of subsection (b) of section 14-299, as | |
541 | - | amended by this act, that occurred at the locations where such | |
542 | - | automated traffic enforcement safety devices were installed prior to the | |
543 | - | use of such devices; (2) the number of violations where a motor vehicle | |
544 | - | exceeded the posted speed limit by ten or more miles that were captured | |
545 | - | by such devices at such locations; (3) the number of violations where a | |
546 | - | motor vehicle failed to comply with the provisions of subdivision (3) of | |
547 | - | subsection (b) of section 14-299, as amended by this act, when facing a | |
548 | - | steady red signal on a traffic control signal that were captured by such | |
549 | - | devices at such locations; (4) if available, the number and type of related | |
550 | - | traffic violations and crashes that occurred at each location where an | |
551 | - | automated traffic enforcement safety device was installed prior to such | |
552 | - | installation and during the use of such devices; (5) the number of | |
553 | - | violations of sections 14-218a, as amended by this act, and 14-219 and | |
554 | - | subdivision (3) of subsection (b) of section 14-299, as amended by this | |
555 | - | act, and related traffic violations and crashes that occurred at locations | |
556 | - | where such devices were used and at similar locations where such | |
557 | - | devices were not used; (6) a description of situations where recorded | |
558 | - | images could not be used or were not used; (7) the number of leased or | |
559 | - | rented motor vehicles, out-of-state motor vehicles or other vehicles, | |
560 | - | including trucks, where enforcement efforts were unsuccessful; (8) the | |
561 | - | amount of revenue from the fines and associated fees retained by the | |
562 | - | municipality; and (9) the cost to the municipality to use such devices. | |
563 | - | (b) Not later than a year after a municipality submits a report | |
564 | - | pursuant to subsection (a) of this section, and each year thereafter until | |
565 | - | an automated traffic enforcement safety device is no longer operational | |
566 | - | in the municipality, the municipality shall submit a report to the | |
567 | - | Department of Transportation and to the joint standing committee of the Substitute House Bill No. 5330 | |
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568 | 405 | ||
569 | - | Public Act No. 24-40 18 of 51 | |
406 | + | commercial use under authority of law or located in unzoned 346 | |
407 | + | commercial or industrial areas which areas shall be determined from 347 | |
408 | + | actual land uses and defined by regulations of the commissioner. The 348 | |
409 | + | regulations of the commissioner in regard to size, spacing and lighting 349 | |
410 | + | shall apply to any segments of the interstate system which traverse 350 | |
411 | + | commercial or industrial zones wherein the use of real property adjacent 351 | |
412 | + | to the interstate system is subject to municipal regulation or control, or 352 | |
413 | + | which traverse other areas where the land use, as of September 21, 1959, 353 | |
414 | + | was clearly established under state law as industrial or commercial. 354 | |
415 | + | Sec. 11. Subsection (b) of section 13b-38ff of the 2024 supplement to 355 | |
416 | + | the general statutes is repealed and the following is substituted in lieu 356 | |
417 | + | thereof (Effective July 1, 2024): 357 | |
418 | + | (b) [On and after July 1, 2024, each] Each new bus stop or shelter 358 | |
419 | + | constructed by the Department of Transportation or a transit district on 359 | |
420 | + | and after July 1, 2024, shall (1) be in accordance with the plan developed 360 | |
421 | + | pursuant to subsection (a) of this section, and (2) comply with physical 361 | |
422 | + | accessibility guidelines, as applicable, under the federal Americans with 362 | |
423 | + | Disabilities Act, 42 USC 12101, et seq., as amended from time to time. 363 | |
424 | + | Sec. 12. Subdivision (10) of section 13b-2 of the general statutes is 364 | |
425 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 365 | |
426 | + | 2024): 366 | |
427 | + | (10) ["Fare inspector"] "Fare inspection duties" means the duties of an 367 | |
428 | + | employee of (A) the department designated by the commissioner, or (B) 368 | |
429 | + | a third-party contractor employed by the department, [whose duties are 369 | |
430 | + | to inspect] which include, but are not limited to, the inspection of tickets, 370 | |
431 | + | passes or other documentation required to show compliance by the 371 | |
432 | + | passenger with the fare payment requirements of state-owned or 372 | |
433 | + | controlled bus public transportation service when the fare payment is 373 | |
434 | + | off board or a combination of off board and on board such bus. 374 | |
435 | + | Sec. 13. Subsection (a) of section 13b-34 of the general statutes is 375 | |
436 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 376 | |
437 | + | 2024): 377 Substitute Bill No. 5330 | |
570 | 438 | ||
571 | - | General Assembly having cognizance of matters relating t o | |
572 | - | transportation, in accordance with the provisions of section 11-4a. Such | |
573 | - | annual report shall include, but need not be limited to, (1) the number | |
574 | - | of motor vehicles that were subject to one citation, two citations, three | |
575 | - | citations or four or more citations, (2) in the case of an automated traffic | |
576 | - | enforcement safety device that records images of motor vehicles failing | |
577 | - | to comply with the provisions of subdivision (3) of subsection (b) of | |
578 | - | section 14-299, as amended by this act, when facing a steady red signal | |
579 | - | on a traffic control signal, the number of citations at each location that | |
580 | - | were issued to motor vehicles making a right turn, proceeding through | |
581 | - | the intersection and making a left turn, (3) a list of engineering and | |
582 | - | educational measures undertaken by the municipality to improve safety | |
583 | - | in locations when automated traffic enforcement safety devices are | |
584 | - | operational, and (4) data regarding how many citations were issued, | |
585 | - | how many hearings were requested and the results of any such | |
586 | - | hearings. | |
587 | - | (c) The Department of Transportation shall make any report received | |
588 | - | pursuant to the provisions of this section available on the department's | |
589 | - | Internet web site. | |
590 | - | Sec. 18. (NEW) (Effective from passage) The Commissioner of | |
591 | - | Transportation shall develop and maintain an interactive map on the | |
592 | - | Internet web site of the Department of Transportation that displays the | |
593 | - | location of and information concerning the department's active | |
594 | - | construction capital projects throughout the state. Such map shall | |
595 | - | identify the source of funding for each such project, aggregate the total | |
596 | - | costs of all such projects by funding type and construction phase and | |
597 | - | provide information and scheduled phases for each such project. | |
598 | - | Sec. 19. Section 13b-38h of the general statutes is repealed and the | |
599 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
600 | - | (a) The Department of Transportation shall provide for changes in Substitute House Bill No. 5330 | |
601 | 439 | ||
602 | - | ||
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603 | 441 | ||
604 | - | fares for mass transportation by land in accordance with the provisions | |
605 | - | of this section and shall not be required to conform to the procedures in | |
606 | - | chapter 54. | |
607 | - | (b) Prior to adopting any change in fares for mass transportation by | |
608 | - | land, the department shall (1) give notice of the proposed fare change, | |
609 | - | its amount and the date it is proposed to take effect by advertising, at | |
610 | - | least once, in one or more newspapers having general circulation in all | |
611 | - | areas of the state that may be affected by such change in fares, and (2) in | |
612 | - | such notice, provide information on the time and place a public hearing | |
613 | - | is to be held on such proposed change. Such notice shall be [posted] | |
614 | - | provided at least fifteen days prior to such public hearing. The | |
615 | - | department shall, at least fifteen days prior to such public hearing, send | |
616 | - | a copy of such notice to the chairpersons and ranking members of the | |
617 | - | joint standing committees of the General Assembly having cognizance | |
618 | - | of matters relating to transportation and [to] finance and to the | |
619 | - | Connecticut Public Transportation Council, established under section | |
620 | - | 13b-212b. A public hearing on the proposed fare change shall be held at | |
621 | - | such time and place as will be convenient for public attendance. | |
622 | - | (c) When the department is required to hold a public hearing | |
623 | - | regarding a proposed major service change to commuter rail service in | |
624 | - | accordance with the Federal Transit Administration Title VI Circular | |
625 | - | 4702.1B, as amended from time to time, the department shall, at least | |
626 | - | fifteen days prior to such public hearing, provide notice of such public | |
627 | - | hearing to the chairpersons and ranking members of the joint standing | |
628 | - | committees of the General Assembly having cognizance of matters | |
629 | - | relating to transportation and finance and to the Connecticut Public | |
630 | - | Transportation Council. | |
631 | - | Sec. 20. Section 15-34 of the general statutes is repealed and the | |
632 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
633 | - | For the [purpose of the laws of this state relating to aeronautics] Substitute House Bill No. 5330 | |
442 | + | (a) The commissioner [shall have power] may, in order to aid or 378 | |
443 | + | promote the operation, whether temporary or permanent, of any 379 | |
444 | + | transportation service operating to, from or in the state, to contract in 380 | |
445 | + | the name of the state with any person, including, but not limited to, any 381 | |
446 | + | common carrier, any transit district formed under chapter 103a or any 382 | |
447 | + | special act, or any political subdivision or entity, or with the United 383 | |
448 | + | States or any other state, or any agency, instrumentality, subdivision, 384 | |
449 | + | department or officer thereof, for purposes of initiating, continuing, 385 | |
450 | + | developing, providing or improving any such transportation service. 386 | |
451 | + | Such contracts may include provision for arbitration of disputed issues. 387 | |
452 | + | The commissioner, in order to aid or promote the operation of any 388 | |
453 | + | transportation service operating outside the state, may contract in the 389 | |
454 | + | name of the state with any person, including, but not limited to, any 390 | |
455 | + | common carrier, or with the United States or any other state, or any 391 | |
456 | + | agency, instrumentality, subdivision, department or officer thereof, for 392 | |
457 | + | purposes of providing any transportation service in the event such 393 | |
458 | + | assistance is required in the case of an emergency or a special event. The 394 | |
459 | + | state, acting by and through the commissioner, may, by itself or in 395 | |
460 | + | concert with others, provide all or a portion of any such service, share 396 | |
461 | + | in the costs of or provide funds for such service, or furnish equipment 397 | |
462 | + | or facilities for use in such service upon such terms and conditions as 398 | |
463 | + | the commissioner may deem necessary or advisable, and any such 399 | |
464 | + | contracts may include, without limitation thereto, arrangements under 400 | |
465 | + | which the state shall so provide service, share costs, provide funds or 401 | |
466 | + | furnish equipment or facilities. To these ends, the commissioner may in 402 | |
467 | + | the name of the state acquire or obtain the use of facilities and 403 | |
468 | + | equipment employed in providing any such service by gift, purchase, 404 | |
469 | + | lease or other arrangements and may own and operate any such 405 | |
470 | + | facilities and equipment and establish, charge and collect such fares and 406 | |
471 | + | other charges or arrange for such collection for the use or services 407 | |
472 | + | thereof as [he] the commissioner may deem necessary, convenient or 408 | |
473 | + | desirable. The commissioner, or any [fare inspector] employee of the 409 | |
474 | + | department or of a third-party contractor with fare inspection duties, as 410 | |
475 | + | defined in section 13b-2, as amended by this act, shall have the authority 411 | |
476 | + | to issue citations for any violation of section 13b-38i. The commissioner 412 Substitute Bill No. 5330 | |
634 | 477 | ||
635 | - | Public Act No. 24-40 20 of 51 | |
636 | 478 | ||
637 | - | purposes of this chapter, the following words and phrases [shall] have | |
638 | - | the following meanings, [herein given,] unless the context otherwise | |
639 | - | requires: | |
640 | - | (1) "Aeronautics" means transportation by aircraft; the operation, | |
641 | - | repair or maintenance of aircraft, [or] aircraft engines or unmanned | |
642 | - | aircraft except by a manufacturer, including the repair, packing and | |
643 | - | maintenance of parachutes; the design, establishment, construction, | |
644 | - | extension, operation, improvement, repair or maintenance of airports, | |
645 | - | heliports, vertiports, restricted landing areas or other air navigation | |
646 | - | facilities, and air instruction. | |
647 | - | (2) "Air instruction" means the imparting of aeronautical information | |
648 | - | by any aeronautics instructor or in or by any air school or flying club. | |
649 | - | (3) "Air navigation" means the operation or navigation of aircraft in | |
650 | - | the air space over this state or upon any airport or restricted landing | |
651 | - | area within this state. | |
652 | - | (4) "Air navigation facility" means any facility, other than one owned | |
653 | - | or controlled by the federal government, used in, available for use in or | |
654 | - | designed for use in, aid of air navigation, including airports, heliports, | |
655 | - | vertiports, restricted landing areas, and any structures, mechanisms, | |
656 | - | lights, beacons, marks, communicating systems or other | |
657 | - | instrumentalities or devices used or useful as an aid, or constituting an | |
658 | - | advantage or convenience, to the safe taking-off, navigation and landing | |
659 | - | of aircraft, or the safe and efficient operation or maintenance of an | |
660 | - | airport, heliport, vertiport or restricted landing area, and any | |
661 | - | combination of such facilities. | |
662 | - | (5) "Aircraft" means any contrivance used or designed for navigation | |
663 | - | of or flight in air, including (A) airplanes, meaning power-driven fixed- | |
664 | - | wing aircraft, heavier than air, supported by the dynamic reaction of the | |
665 | - | air against their wings, (B) gliders, meaning heavier than air aircraft, the Substitute House Bill No. 5330 | |
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666 | 480 | ||
667 | - | Public Act No. 24-40 21 of 51 | |
481 | + | may also acquire title in fee simple to, or any lesser estate, interest or 413 | |
482 | + | right in, any rights-of-way, properties or facilities, including properties 414 | |
483 | + | used on or before October 1, 1969, for rail or other forms of 415 | |
484 | + | transportation services. The commissioner may hold such properties for 416 | |
485 | + | future use by the state and may enter into agreements for interim use of 417 | |
486 | + | such properties for other purposes. Any person contracting with the 418 | |
487 | + | state pursuant to this section for the provision of any transportation 419 | |
488 | + | service shall not be considered an arm or agent of the state. Any 420 | |
489 | + | damages caused by the operation of such transportation service by such 421 | |
490 | + | person may be recovered in a civil action brought against such person 422 | |
491 | + | in the superior court and such person may not assert the defense of 423 | |
492 | + | sovereign immunity in such action. 424 | |
493 | + | Sec. 14. Subsection (j) of section 13b-34 of the general statutes is 425 | |
494 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 426 | |
495 | + | 2024): 427 | |
496 | + | (j) If the commissioner deems it to be in the best interest of the state, 428 | |
497 | + | the commissioner may indemnify and hold harmless the Metro-North 429 | |
498 | + | Commuter Railroad Company in its capacity as the state's contracted 430 | |
499 | + | maintainer of the M-8 rail car fleet for claims brought by the National 431 | |
500 | + | Railroad Passenger Corporation or other third parties against the Metro-432 | |
501 | + | North Commuter Railroad Company relative to the operation of M-8 433 | |
502 | + | rail cars on National Railroad Passenger Corporation property, 434 | |
503 | + | provided such indemnification does not relieve the Metro-North 435 | |
504 | + | Commuter Railroad Company from liability for its wilful or negligent 436 | |
505 | + | acts or omissions. 437 | |
506 | + | Sec. 15. Section 14-289g of the general statutes is repealed and the 438 | |
507 | + | following is substituted in lieu thereof (Effective October 1, 2024): 439 | |
508 | + | (a) No person under eighteen years of age may (1) operate a 440 | |
509 | + | motorcycle or a motor-driven cycle, as defined in section 14-1, or (2) be 441 | |
510 | + | a passenger on a motorcycle or motor-driven cycle, unless such operator 442 | |
511 | + | or passenger is wearing protective headgear [of a type which] that 443 | |
512 | + | conforms to the minimum specifications established in 49 CFR 571.218, 444 Substitute Bill No. 5330 | |
668 | 513 | ||
669 | - | free flight of which does not depend principally upon a power- | |
670 | - | generating unit, and (C) rotorcraft, meaning power-driven aircraft, | |
671 | - | heavier than air, supported during flight by one or more rotors. | |
672 | - | "Aircraft" does not include unmanned aircraft. | |
673 | - | (6) "Airman" means (A) any individual who engages, as the person in | |
674 | - | command, or as a pilot, mechanic or member of the crew, in the | |
675 | - | navigation of aircraft while under way; [and (excepting any individual | |
676 | - | employed outside the United States, any individual employed by a | |
677 | - | manufacturer of aircraft, aircraft engines, propellers or appliances to | |
678 | - | perform duties as inspector or mechanic in connection therewith, and | |
679 | - | any individual performing inspection or mechanical duties in | |
680 | - | connection with aircraft owned or operated by him)] (B) any individual | |
681 | - | who is directly in charge of the inspection, maintenance, overhauling or | |
682 | - | repair of aircraft engines, propellers or appliances; and (C) any | |
683 | - | individual who serves in the capacity of aircraft dispatcher or air-traffic | |
684 | - | control-tower operator. "Airman" does not include any individual | |
685 | - | employed outside the United States, any individual employed by a | |
686 | - | manufacturer of aircraft, aircraft engines, propellers or appliances to | |
687 | - | perform duties as an inspector or mechanic in connection with such | |
688 | - | aircraft, engines, propellers or appliances and any individual | |
689 | - | performing inspection or mechanical duties in connection with aircraft | |
690 | - | owned or operated by such individual. | |
691 | - | (7) "Airport" means any area of land or water, except a restricted | |
692 | - | landing area, which is designed for the landing and takeoff of aircraft, | |
693 | - | whether or not facilities are provided for the shelter, servicing or repair | |
694 | - | of aircraft, or for receiving or discharging passengers or cargo, and all | |
695 | - | appurtenant areas used or suitable for airport buildings or other airport | |
696 | - | facilities, and all appurtenant rights-of-way. | |
697 | - | (8) "Airport hazard" means any structure, object of natural growth or | |
698 | - | use of land which obstructs the air space required for the flight of | |
699 | - | aircraft in landing or taking off at any airport, heliport, vertiport or Substitute House Bill No. 5330 | |
700 | 514 | ||
701 | - | ||
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702 | 516 | ||
703 | - | restricted landing area or is otherwise hazardous to such landing or | |
704 | - | taking-off. | |
705 | - | (9) "Airport protection privileges" means easements through or other | |
706 | - | interests in air space over land or water, interests in airport hazards | |
707 | - | outside the boundaries of airports, heliports, vertiports or restricted | |
708 | - | landing areas and other protection privileges the acquisition or control | |
709 | - | of which is necessary to [insure] ensure safe approaches to the landing | |
710 | - | areas of airports, heliports, vertiports and restricted landing areas and | |
711 | - | the safe and efficient operation thereof. | |
712 | - | (10) "Careless, negligent or reckless operation" means the operation | |
713 | - | or piloting of any aircraft or unmanned aircraft carelessly, negligently, | |
714 | - | recklessly or in such manner as to endanger the property, life or limb of | |
715 | - | any person, due regard being had to the proximity of other aircraft or | |
716 | - | unmanned aircraft, the prevailing weather conditions and the territory | |
717 | - | being flown over. | |
718 | - | (11) "Civil aircraft" means any aircraft other than a public aircraft. | |
719 | - | (12) Repealed by 1972, P.A. 134, S. 6. | |
720 | - | (13) "Connecticut Airport Authority" or "authority" means the | |
721 | - | Connecticut Airport Authority established pursuant to chapter 267b. | |
722 | - | (14) "Executive director" means the executive director of the | |
723 | - | Connecticut Airport Authority or [his or her] the executive director's | |
724 | - | designee. | |
725 | - | (15) "Flying club" means any person other than an individual which, | |
726 | - | neither for profit nor reward, owns, leases or uses one or more aircraft | |
727 | - | for the purpose of instruction or pleasure or both. | |
728 | - | (16) "Manufacturer" means a person, partnership, association, limited | |
729 | - | liability company or corporation which, during the calendar year Substitute House Bill No. 5330 | |
517 | + | as amended from time to time. 445 | |
518 | + | (b) No person issued a motorcycle endorsement for a period of three 446 | |
519 | + | years after the date of issuance shall operate a motorcycle or a motor-447 | |
520 | + | driven cycle, unless such person and any passenger on such motorcycle 448 | |
521 | + | or motor-driven cycle is wearing protective headgear as described in 449 | |
522 | + | subsection (a) of this section. 450 | |
523 | + | (c) Any person who violates any provision of this section shall have 451 | |
524 | + | committed an infraction and shall be fined not less than ninety dollars. 452 | |
525 | + | [(b)] (d) As used in this section, the term "motorcycle" [shall] does not 453 | |
526 | + | include "autocycle". 454 | |
527 | + | Sec. 16. Subsection (a) of section 14-36a of the general statutes is 455 | |
528 | + | repealed and the following is substituted in lieu thereof (Effective October 456 | |
529 | + | 1, 2024): 457 | |
530 | + | (a) A commercial driver's license issued in accordance with section 458 | |
531 | + | 14-44c shall be designated as class A, B or C, in accordance with the 459 | |
532 | + | provisions of subsection (b) of section 14-44d. All other operators' 460 | |
533 | + | licenses shall be designated as class D. A license of any class that also 461 | |
534 | + | authorizes the operation of a motorcycle shall contain the date the 462 | |
535 | + | motorcycle endorsement was issued by the commissioner and the 463 | |
536 | + | designation "M", except that no such designation shall be required for 464 | |
537 | + | the operation of an autocycle. 465 | |
538 | + | Sec. 17. Subsection (b) of section 14-40a of the general statutes is 466 | |
539 | + | repealed and the following is substituted in lieu thereof (Effective October 467 | |
540 | + | 1, 2024): 468 | |
541 | + | (b) A person who is sixteen years of age or older and who has not had 469 | |
542 | + | such a license suspended or revoked may apply to the commissioner for 470 | |
543 | + | a motorcycle instruction permit. The commissioner may issue a 471 | |
544 | + | motorcycle instruction permit, containing such limitation as said 472 | |
545 | + | commissioner deems advisable, to an applicant after the applicant has 473 | |
546 | + | passed all parts of the examination, other than the driving skills test, for 474 Substitute Bill No. 5330 | |
730 | 547 | ||
731 | - | Public Act No. 24-40 23 of 51 | |
732 | 548 | ||
733 | - | preceding application for registration, manufactured or assembled one | |
734 | - | or more aircraft for sale, or which proves to the satisfaction of the | |
735 | - | executive director that it intends in good faith to manufacture or | |
736 | - | assemble one or more aircraft for sale during the year immediately | |
737 | - | ensuing. | |
738 | - | (17) "Municipality" means any city, town or borough or other | |
739 | - | subdivision of this state. | |
740 | - | (18) "Navigable air space" means air space above the minimum | |
741 | - | altitudes of flight prescribed by the laws of this state or by procedures | |
742 | - | of the authority. [consistent therewith.] | |
743 | - | (19) "Nonresident" means any person whose legal residence is | |
744 | - | outside this state. | |
745 | - | (20) "Operation of aircraft" means the use of aircraft for the purpose | |
746 | - | of air navigation and includes the navigation or piloting of aircraft. Any | |
747 | - | person who causes or authorizes the operation of aircraft, whether with | |
748 | - | or without the right of legal control thereof, shall be deemed to be | |
749 | - | engaged in the operation of aircraft within the meaning of the statutes | |
750 | - | of this state. | |
751 | - | (21) "Person" means any individual, firm, partnership, corporation, | |
752 | - | limited liability company, company, association, joint stock association | |
753 | - | or body politic and includes any trustee, receiver, assignee or other | |
754 | - | similar representative thereof. | |
755 | - | (22) "Public aircraft" means an aircraft used exclusively in the service | |
756 | - | of any government or of any political subdivision thereof, including the | |
757 | - | government of any state, territory or possession of the United States, or | |
758 | - | the District of Columbia, but does not include any government-owned | |
759 | - | aircraft engaged in carrying persons or property for commercial | |
760 | - | purposes. Substitute House Bill No. 5330 | |
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761 | 550 | ||
762 | - | Public Act No. 24-40 24 of 51 | |
551 | + | a motor vehicle operator's license with a motorcycle endorsement as 475 | |
552 | + | required by subsection (c) of this section. The motorcycle instruction 476 | |
553 | + | permit shall entitle the applicant, while [said] such applicant is in 477 | |
554 | + | immediate possession of [said] such permit, to drive a motorcycle on the 478 | |
555 | + | public highways, other than multiple lane limited access highways, for 479 | |
556 | + | a period of sixty days. A motorcycle instruction permit may be renewed, 480 | |
557 | + | or a new permit issued, for an additional period of sixty days. Each 481 | |
558 | + | applicant issued a motorcycle instruction permit shall, while operating 482 | |
559 | + | a motorcycle, wear protective headgear [of a type which] that conforms 483 | |
560 | + | to the minimum specifications established [by regulations adopted 484 | |
561 | + | under subsection (b) of section 14-289g] in 49 CFR 571.218, as amended 485 | |
562 | + | from time to time. 486 | |
563 | + | Sec. 18. Section 14-222 of the general statutes is repealed and the 487 | |
564 | + | following is substituted in lieu thereof (Effective October 1, 2024): 488 | |
565 | + | (a) (1) No person shall operate any motor vehicle upon any public 489 | |
566 | + | highway of the state, or any road of any specially chartered municipal 490 | |
567 | + | association or of any district organized under the provisions of chapter 491 | |
568 | + | 105, a purpose of which is the construction and maintenance of roads 492 | |
569 | + | and sidewalks, or in any parking area for ten cars or more or upon any 493 | |
570 | + | private road on which a speed limit has been established in accordance 494 | |
571 | + | with the provisions of section 14-218a, as amended by this act, or section 495 | |
572 | + | 14-307a or upon any school property recklessly, having regard to the 496 | |
573 | + | width, traffic and use of such highway, road, school property or parking 497 | |
574 | + | area, the intersection of streets and the weather conditions. (2) The 498 | |
575 | + | operation of a motor vehicle upon any such highway, road or parking 499 | |
576 | + | area for ten cars or more at such a rate of speed as to endanger the life 500 | |
577 | + | of any person other than the operator of such motor vehicle, or the 501 | |
578 | + | operation, downgrade, upon any highway, of any motor vehicle with a 502 | |
579 | + | commercial registration with the clutch or gears disengaged, or the 503 | |
580 | + | operation knowingly of a motor vehicle with defective mechanism, shall 504 | |
581 | + | constitute a violation of the provisions of this section. (3) The operation 505 | |
582 | + | of a motor vehicle upon any such highway, road or parking area for ten 506 | |
583 | + | cars or more at a rate of speed greater than eighty-five miles per hour 507 | |
584 | + | shall constitute a violation of the provisions of this section. (4) The 508 Substitute Bill No. 5330 | |
763 | 585 | ||
764 | - | (23) "Restricted landing area" means any area of land or water or | |
765 | - | both, which is used or is made available for the landing and takeoff of | |
766 | - | aircraft, the use of which shall, except in case of emergency, be only as | |
767 | - | provided from time to time by the executive director. | |
768 | - | (24) Repealed by P.A. 85-130. | |
769 | - | (25) Repealed by P.A. 77-614, S. 609, 610. | |
770 | - | (26) Repealed by P.A. 77-614, S. 609, 610. | |
771 | - | (27) "Heliport" means an area of defined dimensions, either at ground | |
772 | - | level or elevated on a structure, designated for the landing and takeoff | |
773 | - | of helicopters, which may be restricted solely for that purpose. | |
774 | - | (28) "Ultra light aircraft" means (A) any aircraft which meets the | |
775 | - | criteria established by the Federal Aviation Administration, federal Air | |
776 | - | Regulation Part 103, or (B) any vehicle which: (i) Is used or intended to | |
777 | - | be used for manned operation by a single occupant in the air; (ii) is used | |
778 | - | or intended to be used for recreation or sport purposes only; (iii) has not | |
779 | - | been issued an airworthiness certificate by the government of the United | |
780 | - | States or any foreign government; and (iv) if unpowered, weighs less | |
781 | - | than one hundred fifty-five pounds or, if powered, weighs less than two | |
782 | - | hundred fifty-four pounds, empty weight, has a fuel capacity of no more | |
783 | - | than five U.S. gallons, is not capable of more than fifty-five knots | |
784 | - | calibrated air speed at full power in level flight and has a power-off stall | |
785 | - | speed which does not exceed twenty-four knots calibrated air speed. | |
786 | - | (29) "Unmanned aircraft" means a powered aircraft that (A) uses | |
787 | - | aerodynamic forces to provide vertical lift, (B) is operated remotely by | |
788 | - | a pilot in command or is capable of autonomous flight, (C) does not | |
789 | - | carry a human operator, and (D) can be expendable or recoverable. | |
790 | - | (30) "Vertiport" means an area of defined dimensions, either at | |
791 | - | ground level or elevated on a structure, designated for the vertical Substitute House Bill No. 5330 | |
792 | 586 | ||
793 | - | ||
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794 | 588 | ||
795 | - | ||
796 | - | ||
797 | - | ||
798 | - | ||
799 | - | ||
800 | - | ||
801 | - | ||
802 | - | ||
803 | - | ||
804 | - | ||
805 | - | and | |
806 | - | ||
807 | - | ||
808 | - | ||
809 | - | ||
810 | - | ||
811 | - | ||
812 | - | ||
813 | - | ||
814 | - | ||
815 | - | at one | |
816 | - | ||
817 | - | ||
818 | - | ||
819 | - | ||
820 | - | ||
821 | - | ||
822 | - | or | |
823 | - | ||
824 | - | ||
589 | + | operation of a motor vehicle upon a limited access highway while 509 | |
590 | + | engaged in any activity prohibited by section 14-296aa, as amended by 510 | |
591 | + | this act, shall constitute a violation of the provisions of this section. 511 | |
592 | + | (b) Any person who violates any provision of this section shall be 512 | |
593 | + | fined not less than one hundred dollars nor more than three hundred 513 | |
594 | + | dollars or imprisoned not more than thirty days or be both fined and 514 | |
595 | + | imprisoned for the first offense and for each subsequent offense shall be 515 | |
596 | + | fined not more than six hundred dollars or imprisoned not more than 516 | |
597 | + | one year or be both fined and imprisoned. 517 | |
598 | + | Sec. 19. Section 14-296aa of the 2024 supplement to the general 518 | |
599 | + | statutes is repealed and the following is substituted in lieu thereof 519 | |
600 | + | (Effective October 1, 2024): 520 | |
601 | + | (a) For purposes of this section, the following terms have the 521 | |
602 | + | following meanings: 522 | |
603 | + | (1) "Mobile telephone" means a cellular, analog, wireless or digital 523 | |
604 | + | telephone capable of sending or receiving telephone communications 524 | |
605 | + | without an access line for service. 525 | |
606 | + | (2) "Using" or "use" means holding a hand-held mobile telephone to, 526 | |
607 | + | or in the immediate proximity of, the user's ear. 527 | |
608 | + | (3) "Hand-held mobile telephone" means a mobile telephone with 528 | |
609 | + | which a user engages in a call using at least one hand. 529 | |
610 | + | (4) "Hands-free accessory" means an attachment, add-on, built-in 530 | |
611 | + | feature, or addition to a mobile telephone, whether or not permanently 531 | |
612 | + | installed in a motor vehicle, that, when used, allows the vehicle operator 532 | |
613 | + | to maintain both hands on the steering wheel. 533 | |
614 | + | (5) "Hands-free mobile telephone" means a hand-held mobile 534 | |
615 | + | telephone that has an internal feature or function, or that is equipped 535 | |
616 | + | with an attachment or addition, whether or not permanently part of 536 | |
617 | + | such hand-held mobile telephone, by which a user engages in a call 537 | |
618 | + | without the use of either hand, whether or not the use of either hand is 538 Substitute Bill No. 5330 | |
825 | 619 | ||
826 | - | Public Act No. 24-40 26 of 51 | |
827 | 620 | ||
828 | - | municipality or of any airport facility, heliport, vertiport or seaplane | |
829 | - | base located within the municipality, to utilize the information obtained | |
830 | - | pursuant to section 13b-49a, as amended by this act, and perform the | |
831 | - | duties of registration of aircraft as set forth in sections 13b-39a to 13b- | |
832 | - | 39g, inclusive, as amended by this act, and shall furnish to the executive | |
833 | - | director, in writing, the name, address and telephone number of each | |
834 | - | such official. The municipality shall immediately notify the executive | |
835 | - | director upon any changes relative to the municipal registration official. | |
836 | - | Sec. 23. Section 13b-46 of the general statutes is repealed and the | |
837 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
838 | - | (a) The executive director may approve airports, heliports, vertiports, | |
839 | - | restricted landing areas [,] and other air navigation facilities. Any | |
840 | - | municipality or person acquiring property for the purpose of | |
841 | - | constructing or establishing an airport, heliport, vertiport or restricted | |
842 | - | landing area shall, prior to such acquisition, apply to the executive | |
843 | - | director for a certificate of approval of the site selected and the general | |
844 | - | purpose or purposes for which the property is to be acquired, to [insure] | |
845 | - | ensure that the property and its use shall conform to minimum | |
846 | - | standards of safety and shall serve the public interest. Any proposed | |
847 | - | airport, heliport, vertiport, restricted landing area or other air | |
848 | - | navigation facility at which more than thirty-six landings and takeoffs | |
849 | - | are expected to be made by aircraft in any year shall be approved by the | |
850 | - | executive director before it shall be licensed to be used or operated. The | |
851 | - | executive director shall make no charge for approval certificates of | |
852 | - | proposed property acquisition for airport, heliport, vertiport or | |
853 | - | restricted landing area purposes. | |
854 | - | (b) The executive director may license airports, heliports, vertiports, | |
855 | - | restricted landing areas and other air navigation facilities and renew | |
856 | - | such licenses. When a certificate of approval of an airport, heliport, | |
857 | - | vertiport or restricted landing area has been issued by the executive | |
858 | - | director, [he or she] the executive director may grant a license for Substitute House Bill No. 5330 | |
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859 | 622 | ||
860 | - | Public Act No. 24-40 27 of 51 | |
623 | + | necessary to activate, deactivate or initiate a function of such telephone. 539 | |
624 | + | (6) "Engage in a call" means talking into or listening on a hand-held 540 | |
625 | + | mobile telephone, but does not include holding a hand-held mobile 541 | |
626 | + | telephone to activate, deactivate or initiate a function of such telephone. 542 | |
627 | + | (7) "Immediate proximity" means the distance that permits the 543 | |
628 | + | operator of a hand-held mobile telephone to hear telecommunications 544 | |
629 | + | transmitted over such hand-held mobile telephone, but does not require 545 | |
630 | + | physical contact with such operator's ear. 546 | |
631 | + | (8) "Mobile electronic device" means any hand-held or other portable 547 | |
632 | + | electronic equipment capable of providing data communication 548 | |
633 | + | between two or more persons, including a text messaging device, a 549 | |
634 | + | paging device, a personal digital assistant, a laptop computer, 550 | |
635 | + | equipment that is capable of playing a video game or a digital video 551 | |
636 | + | disk, or equipment on which digital photographs are taken or 552 | |
637 | + | transmitted, or any combination thereof, but does not include any audio 553 | |
638 | + | equipment or any equipment installed in a motor vehicle for the 554 | |
639 | + | purpose of providing navigation, emergency assistance to the operator 555 | |
640 | + | of such motor vehicle or video entertainment to the passengers in the 556 | |
641 | + | rear seats of such motor vehicle. 557 | |
642 | + | (9) "Operating a motor vehicle" means operating a motor vehicle on 558 | |
643 | + | any highway, as defined in section 14-1, including being temporarily 559 | |
644 | + | stationary due to traffic, road conditions or a traffic control sign or 560 | |
645 | + | signal, but not including being parked on the side or shoulder of any 561 | |
646 | + | highway where such vehicle is safely able to remain stationary. 562 | |
647 | + | (b) (1) Except as otherwise provided in this subsection and 563 | |
648 | + | subsections (c) and (d) of this section, no person shall operate a motor 564 | |
649 | + | vehicle upon a highway, as defined in section 14-1, while using a hand-565 | |
650 | + | held mobile telephone to engage in a call or while using a mobile 566 | |
651 | + | electronic device. An operator of a motor vehicle who types, sends or 567 | |
652 | + | reads a text message with a hand-held mobile telephone or mobile 568 | |
653 | + | electronic device while operating a motor vehicle shall be in violation of 569 | |
654 | + | this section, except that if such operator is driving a commercial motor 570 Substitute Bill No. 5330 | |
861 | 655 | ||
862 | - | operation and use. On and after July 1, 1995, the executive director shall | |
863 | - | charge a fee of one hundred fifty dollars for each license or renewal | |
864 | - | thereof. Each such license shall be effective for a period of three years | |
865 | - | from the date of issuance. Each licensee shall certify, on a form provided | |
866 | - | by the executive director, that the licensed facility shall comply with all | |
867 | - | applicable federal, state and local laws and regulations during the | |
868 | - | license period. Municipalities shall be exempt from the payment of any | |
869 | - | license fee in connection with airports owned or operated by such | |
870 | - | municipalities. | |
871 | - | (c) No municipality or officer or employee thereof and no person | |
872 | - | shall operate an airport, heliport, vertiport, restricted landing area or | |
873 | - | other air navigation facility for which approval has not been granted, | |
874 | - | and a license has not been issued, by the executive director. The | |
875 | - | provisions of this section shall not apply to any airport, heliport, | |
876 | - | vertiport, restricted landing area or other air navigation facility owned | |
877 | - | by the federal government within this state. | |
878 | - | (d) Any heliport in operation prior to October 1, 1985, shall be | |
879 | - | deemed licensed for operation and use and the executive director shall | |
880 | - | issue an original license for any such heliport upon the written request | |
881 | - | of the person who controls and operates such heliport. Such heliports | |
882 | - | shall be subject to the provisions of this chapter concerning the renewal | |
883 | - | or revocation of licenses, inspection and review of air navigation | |
884 | - | facilities and any other provision of this chapter except those concerning | |
885 | - | the initial approval or licensing of such facilities. Such heliports shall be | |
886 | - | subject to any rule or procedure adopted by the authority in accordance | |
887 | - | with the provisions of this chapter except those concerning the initial | |
888 | - | approval or licensing of any air navigation facility. | |
889 | - | Sec. 24. Section 13b-48 of the general statutes is repealed and the | |
890 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
891 | - | Upon receipt of any application for a certificate of approval of an Substitute House Bill No. 5330 | |
892 | 656 | ||
893 | - | ||
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894 | 658 | ||
895 | - | airport, heliport, vertiport or restricted landing area, or an original | |
896 | - | license to use or operate an airport, heliport, vertiport, restricted landing | |
897 | - | area or other air navigation facility, the executive director shall send | |
898 | - | notice thereof by registered or certified mail to the chief executive officer | |
899 | - | or first selectman of the municipality or municipalities in which the | |
900 | - | proposed airport, heliport, vertiport, restricted landing area or other air | |
901 | - | navigation facility is proposed to be located. If the applicant, or such | |
902 | - | municipality within fifteen days after receipt of such notice, requests a | |
903 | - | public hearing, the executive director shall set a time and place for such | |
904 | - | hearing in the municipality in which the proposed airport, heliport, | |
905 | - | vertiport, restricted landing area or other air navigation facility is | |
906 | - | proposed to be situated, at which hearing interested parties shall have | |
907 | - | an opportunity to be heard. The executive director may hold a public | |
908 | - | hearing in any case where no such request is made. Notice of any such | |
909 | - | hearing shall be published by the executive director in a newspaper of | |
910 | - | general circulation in such municipality at least twice, the first | |
911 | - | publication to be at least fifteen days prior to the date of the hearing. | |
912 | - | Upon the conclusion of such hearing, the executive director shall | |
913 | - | consider all the relevant evidence and shall issue an order granting or | |
914 | - | denying such application, written notice of which shall be sent by | |
915 | - | registered or certified mail to the applicant and to the chief executive | |
916 | - | officer or the first selectman of the municipality or municipalities in | |
917 | - | which the proposed airport, heliport, vertiport, restricted landing area | |
918 | - | or other air navigation facility is to be located. Orders issued pursuant | |
919 | - | to this section shall comply with the requirements of section 15-66, as | |
920 | - | amended by this act, and shall be subject to appeal as provided in | |
921 | - | section 15-67. | |
922 | - | Sec. 25. Section 13b-49 of the general statutes is repealed and the | |
923 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
924 | - | The executive director may revoke temporarily or permanently any | |
925 | - | certificate of approval or license upon a determination that an airport, Substitute House Bill No. 5330 | |
659 | + | vehicle, as defined in section 14-1, such operator shall be charged with 571 | |
660 | + | a violation of subsection (e) of this section. 572 | |
661 | + | (2) An operator of a motor vehicle who holds a hand-held mobile 573 | |
662 | + | telephone to, or in the immediate proximity of, his or her ear while 574 | |
663 | + | operating a motor vehicle is presumed to be engaging in a call within 575 | |
664 | + | the meaning of this section. The presumption established by this 576 | |
665 | + | subdivision is rebuttable by evidence tending to show that the operator 577 | |
666 | + | was not engaged in a call. 578 | |
667 | + | (3) The provisions of this subsection shall not be construed as 579 | |
668 | + | authorizing the seizure or forfeiture of a hand-held mobile telephone or 580 | |
669 | + | a mobile electronic device, unless otherwise provided by law. 581 | |
670 | + | (4) Subdivision (1) of this subsection shall not apply to: (A) The use 582 | |
671 | + | of a hand-held mobile telephone for the sole purpose of communicating 583 | |
672 | + | with any of the following regarding an emergency situation: An 584 | |
673 | + | emergency response operator; a hospital, physician's office or health 585 | |
674 | + | clinic; an ambulance company; a fire department; or a police 586 | |
675 | + | department, or (B) any of the following persons while in the 587 | |
676 | + | performance of their official duties and within the scope of their 588 | |
677 | + | employment: A peace officer, as defined in subdivision (9) of section 589 | |
678 | + | 53a-3, a firefighter or an operator of an ambulance or authorized 590 | |
679 | + | emergency vehicle, as defined in section 14-1, or a member of the armed 591 | |
680 | + | forces of the United States, as defined in section 27-103, while operating 592 | |
681 | + | a military vehicle, or (C) the use of a hand-held radio by a person with 593 | |
682 | + | an amateur radio station license issued by the Federal Communications 594 | |
683 | + | Commission in emergency situations for emergency purposes only, or 595 | |
684 | + | (D) the use of a hands-free mobile telephone. 596 | |
685 | + | (c) No person shall use a hand-held mobile telephone or other 597 | |
686 | + | electronic device, including those with hands-free accessories, or a 598 | |
687 | + | mobile electronic device, while operating a school bus that is carrying 599 | |
688 | + | passengers, except that this subsection shall not apply when such 600 | |
689 | + | person: (1) Places an emergency call to school officials; (2) uses a hand-601 | |
690 | + | held mobile telephone as provided in subparagraph (A) of subdivision 602 Substitute Bill No. 5330 | |
926 | 691 | ||
927 | - | Public Act No. 24-40 29 of 51 | |
928 | 692 | ||
929 | - | heliport, vertiport, restricted landing area or other navigation facility is | |
930 | - | not being maintained or used in accordance with the provisions of this | |
931 | - | chapter, [or] chapter 266 [,] or any regulations or procedures adopted | |
932 | - | pursuant to said chapters. | |
933 | - | Sec. 26. Section 13b-49a of the 2024 supplement to the general statutes | |
934 | - | is repealed and the following is substituted in lieu thereof (Effective July | |
935 | - | 1, 2024): | |
936 | - | (a) Not later than July thirty-first annually, the owner or operator of | |
937 | - | any airport, heliport, vertiport, restricted landing area, seaplane base or | |
938 | - | other air navigation facility licensed under the provisions of section 13b- | |
939 | - | 46, as amended by this act, shall submit to the executive director and the | |
940 | - | municipality in which the aircraft is based, the following information | |
941 | - | with respect to an aircraft which is based or primarily used at such | |
942 | - | facility as of July first of such year: (1) The identity and address of the | |
943 | - | owner and form of ownership, including information as to whether the | |
944 | - | owner is an individual, partnership, corporation or other entity; (2) the | |
945 | - | type of aircraft, including the year of manufacture, the manufacturer, | |
946 | - | the model and the certified gross weight; and (3) the Federal Aviation | |
947 | - | Aircraft Registration number. | |
948 | - | (b) The executive director, after notice and opportunity for hearing, | |
949 | - | may suspend or revoke the license of any such facility in the event the | |
950 | - | owner or operator thereof knowingly or intentionally fails to comply | |
951 | - | with the provisions of subsection (a) of this section. | |
952 | - | Sec. 27. Subsection (a) of section 13b-50 of the 2024 supplement to the | |
953 | - | general statutes is repealed and the following is substituted in lieu | |
954 | - | thereof (Effective July 1, 2024): | |
955 | - | (a) The executive director of the Connecticut Airport Authority is | |
956 | - | authorized to cooperate with the government of the United States or any | |
957 | - | agency or department thereof in the acquisition, construction, Substitute House Bill No. 5330 | |
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958 | 694 | ||
959 | - | Public Act No. 24-40 30 of 51 | |
695 | + | (4) of subsection (b) of this section; (3) uses a hand-held mobile 603 | |
696 | + | telephone or mobile electronic device in a manner similar to a two-way 604 | |
697 | + | radio to allow real-time communication with a school official, an 605 | |
698 | + | emergency response operator, a hospital, physician's office or health 606 | |
699 | + | clinic, an ambulance company, a fire department or a police department; 607 | |
700 | + | or (4) uses a mobile electronic device with a video display, provided 608 | |
701 | + | such device (A) is used as a global positioning system or to provide 609 | |
702 | + | navigation, (B) is securely attached inside the school bus near such 610 | |
703 | + | person, and (C) has been approved for such use by the Department of 611 | |
704 | + | Motor Vehicles. 612 | |
705 | + | (d) No person under eighteen years of age shall use any hand-held 613 | |
706 | + | mobile telephone, including one with a hands-free accessory, or a 614 | |
707 | + | mobile electronic device while operating a motor vehicle on a public 615 | |
708 | + | highway, except as provided in subparagraph (A) of subdivision (4) of 616 | |
709 | + | subsection (b) of this section. 617 | |
710 | + | (e) No person shall use a hand-held mobile telephone or other 618 | |
711 | + | electronic device or type, read or send text or a text message with or 619 | |
712 | + | from a mobile telephone or mobile electronic device while operating a 620 | |
713 | + | commercial motor vehicle, as defined in section 14-1, except for the 621 | |
714 | + | purpose of communicating with any of the following regarding an 622 | |
715 | + | emergency situation: An emergency response operator; a hospital; 623 | |
716 | + | physician's office or health clinic; an ambulance company; a fire 624 | |
717 | + | department or a police department. 625 | |
718 | + | (f) Except as provided in subsections (b) to (e), inclusive, of this 626 | |
719 | + | section, no person shall engage in any activity not related to the actual 627 | |
720 | + | operation of a motor vehicle in a manner that interferes with the safe 628 | |
721 | + | operation of such vehicle on any highway, as defined in section 14-1. 629 | |
722 | + | (g) Any law enforcement officer who issues a summons for a 630 | |
723 | + | violation of this section shall record on such summons the specific 631 | |
724 | + | nature of any distracted driving behavior observed by such officer. 632 | |
725 | + | (h) Any person who violates this section shall be fined two hundred 633 | |
726 | + | dollars for a first violation, three hundred seventy-five dollars for a 634 Substitute Bill No. 5330 | |
960 | 727 | ||
961 | - | improvement, maintenance and operation of airports, heliports, | |
962 | - | vertiports, landing fields and other aeronautical facilities in this state | |
963 | - | where federal financial aid is received and to comply with the | |
964 | - | provisions of the laws of the United States and any regulations made | |
965 | - | thereunder for the expenditure of federal moneys upon such airports, | |
966 | - | heliports, vertiports, landing fields and facilities. The executive director | |
967 | - | is authorized to accept, receive and receipt for federal or other moneys | |
968 | - | for and on behalf of this state or any political subdivision thereof for the | |
969 | - | acquisition, construction, improvement, maintenance and operation of | |
970 | - | facilities within this state. All moneys accepted for disbursement by the | |
971 | - | executive director pursuant to this subsection shall be disbursed in | |
972 | - | accordance with the provisions of the respective grants. | |
973 | - | Sec. 28. Section 13b-50p of the general statutes is repealed and the | |
974 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
975 | - | (a) The executive director of the Connecticut Airport Authority, upon | |
976 | - | receipt of a written complaint, in such form and containing such | |
977 | - | information as the executive director may require, from any person | |
978 | - | alleging that there have been repeated landings or takeoffs by aircraft | |
979 | - | from any real property not licensed as an airport, heliport, vertiport, | |
980 | - | restricted landing area or other air navigation facility under the | |
981 | - | provisions of section 13b-46, as amended by this act, may require the | |
982 | - | owner of such property to keep records of all landings and takeoffs | |
983 | - | made by aircraft from such property for a period of one year. Upon | |
984 | - | receipt of such records, the executive director shall, within ten days, | |
985 | - | forward [them] such records to the chief elected official of the | |
986 | - | municipality in which such area or facility is located. The provisions of | |
987 | - | this subsection shall not apply to any landing or takeoff made by | |
988 | - | military aircraft or an emergency medical service organization, any | |
989 | - | landing made for emergency purposes or [to] any landing or takeoff | |
990 | - | made at an annual special event or for agricultural purposes. | |
991 | - | (b) The executive director shall adopt written procedures, in Substitute House Bill No. 5330 | |
992 | 728 | ||
993 | - | ||
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994 | 730 | ||
995 | - | accordance with the provisions of section 1-121, to implement the | |
996 | - | provisions of subsection (a) of this section. The procedures shall include, | |
997 | - | but not be limited to, the type of information the property owner may | |
998 | - | be required to record, the procedures for transmitting such information | |
999 | - | to the executive director and standards for determining what constitutes | |
1000 | - | an annual special event and agricultural purposes. | |
1001 | - | (c) Any person who violates any provision of this section or any | |
1002 | - | procedure adopted pursuant to this section shall be fined not more than | |
1003 | - | five hundred dollars. | |
1004 | - | (d) In addition to the fine imposed pursuant to subsection (c) of this | |
1005 | - | section, a municipality may, by ordinance, establish a fine of not more | |
1006 | - | than two hundred fifty dollars for violating any provision of this section. | |
1007 | - | Sec. 29. Section 15-41 of the general statutes is repealed and the | |
1008 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1009 | - | The executive director may perform such acts, issue and amend such | |
1010 | - | orders, and make and amend such reasonable general or special | |
1011 | - | regulations and [procedure] procedures and establish such minimum | |
1012 | - | standards, consistent with the provisions of this chapter, as the | |
1013 | - | executive director deems necessary or appropriate, and which are | |
1014 | - | commensurate with and for the purpose of protecting and [insuring] | |
1015 | - | ensuring the general public interest and safety, the safety of persons | |
1016 | - | receiving instruction concerning, or operating, using or traveling in, | |
1017 | - | aircraft, of persons operating or using unmanned aircraft, and of | |
1018 | - | persons and property on land or water, and to develop and promote | |
1019 | - | aeronautics in this state. No regulation or procedure of the executive | |
1020 | - | director shall apply to airports or other air navigation facilities owned | |
1021 | - | by the federal government within this state. | |
1022 | - | Sec. 30. Section 15-71b of the general statutes is repealed and the | |
1023 | - | following is substituted in lieu thereof (Effective July 1, 2024): Substitute House Bill No. 5330 | |
731 | + | second violation and six hundred twenty-five dollars for a third or 635 | |
732 | + | subsequent violation. 636 | |
733 | + | (i) An operator of a motor vehicle who commits a moving violation, 637 | |
734 | + | as defined in subsection (a) of section 14-111g, while engaged in any 638 | |
735 | + | activity prohibited by this section shall be fined in accordance with 639 | |
736 | + | subsection (h) of this section, in addition to any penalty or fine imposed 640 | |
737 | + | for the moving violation. 641 | |
738 | + | (j) The state shall remit to a municipality twenty-five per cent of the 642 | |
739 | + | fine amount received for a violation of this section with respect to each 643 | |
740 | + | summons issued by such municipality. Each clerk of the Superior Court 644 | |
741 | + | or the Chief Court Administrator, or any other official of the Superior 645 | |
742 | + | Court designated by the Chief Court Administrator, shall, on or before 646 | |
743 | + | the thirtieth day of January, April, July and October in each year, certify 647 | |
744 | + | to the Comptroller the amount due for the previous quarter under this 648 | |
745 | + | subsection to each municipality served by the office of the clerk or 649 | |
746 | + | official. 650 | |
747 | + | (k) A record of any violation of this section shall appear on the 651 | |
748 | + | driving history record or motor vehicle record, as defined in section 14-652 | |
749 | + | 10, of any person who commits such violation, and the record of such 653 | |
750 | + | violation shall be available to any motor vehicle insurer in accordance 654 | |
751 | + | with the provisions of section 14-10. 655 | |
752 | + | (l) No person shall be subject to prosecution for a violation of the 656 | |
753 | + | provisions of this section and subsection (a) of section 14-222, as 657 | |
754 | + | amended by this act, because of the same offense. 658 | |
755 | + | This act shall take effect as follows and shall amend the following | |
756 | + | sections: | |
1024 | 757 | ||
1025 | - | Public Act No. 24-40 32 of 51 | |
758 | + | Section 1 October 1, 2024 14-314 | |
759 | + | Sec. 2 July 1, 2024 14-311(b) | |
760 | + | Sec. 3 July 1, 2024 14-311(f) | |
761 | + | Sec. 4 July 1, 2024 14-311c(b) | |
762 | + | Sec. 5 July 1, 2024 14-311c(f) | |
763 | + | Sec. 6 October 1, 2024 14-299 Substitute Bill No. 5330 | |
1026 | 764 | ||
1027 | - | As used in [section] sections 15-45, as amended by this act, and 15- | |
1028 | - | 71a, as amended by this act, and chapter 267: | |
1029 | - | [(a)] (1) "Aircraft accident" means an occurrence associated with the | |
1030 | - | operation of an aircraft which takes place between the time any person | |
1031 | - | boards the aircraft with the intention of flight until such time as all such | |
1032 | - | persons have disembarked, in which any person suffers death or serious | |
1033 | - | injury as a result of such person being in or upon the aircraft or in direct | |
1034 | - | contact with the aircraft or anything attached thereto or as a result of the | |
1035 | - | operation of the aircraft, or the aircraft receives substantial damage; | |
1036 | - | [(b) "Operator" means any person who causes or authorizes the | |
1037 | - | operation of an aircraft, such as the owner, lessee or bailee of an aircraft;] | |
1038 | - | [(c)] (2) "Substantial damage" means (A) damage in excess of one | |
1039 | - | thousand dollars to the property of any person, or (B) damage or | |
1040 | - | structural failure which adversely affects the structural strength, | |
1041 | - | performance or flight characteristics of the aircraft or unmanned | |
1042 | - | aircraft, and which would normally require major repair or replacement | |
1043 | - | of the affected component. [, except that] "Substantial damage" does not | |
1044 | - | include engine failure, damage limited to an engine, bent fairings or | |
1045 | - | cowling, dented skin, small punctured holes in the skin of fabric, ground | |
1046 | - | damage to rotor or propeller blades and damage to landing gear, | |
1047 | - | wheels, tires, flaps, engine accessories, brakes or wing tips; [are not | |
1048 | - | considered "substantial damage" for the purpose of this part.] and | |
1049 | - | (3) "Unmanned aircraft accident" means an occurrence associated | |
1050 | - | with the operation of an unmanned aircraft that takes place between the | |
1051 | - | time an unmanned aircraft takes off until such unmanned aircraft lands, | |
1052 | - | in which any person suffers death or serious injury because of such | |
1053 | - | person being in direct contact with the unmanned aircraft or anything | |
1054 | - | attached thereto or because of the operation of the unmanned aircraft, | |
1055 | - | or the unmanned aircraft incurs or causes substantial damage. Substitute House Bill No. 5330 | |
1056 | 765 | ||
1057 | - | ||
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1058 | 767 | ||
1059 | - | Sec. 31. Section 15-45 of the general statutes is repealed and the | |
1060 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1061 | - | The executive director may hold investigations, inquiries and | |
1062 | - | hearings concerning matters covered by the provisions of this chapter, | |
1063 | - | aircraft accidents, unmanned aircraft accidents or orders, [and] | |
1064 | - | regulations and procedures of the executive director. | |
1065 | - | Sec. 32. Section 15-66 of the general statutes is repealed and the | |
1066 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1067 | - | In any case in which the executive director of the Connecticut Airport | |
1068 | - | Authority refuses to issue a certificate of approval of, or license or | |
1069 | - | renewal of license for, an airport, restricted landing area, heliport, | |
1070 | - | vertiport or other air navigation facility, or in any case in which the | |
1071 | - | executive director issues any order requiring certain things to be done | |
1072 | - | or revoking any license, the executive director shall set forth the reasons | |
1073 | - | therefor and shall state the requirements to be met before such approval | |
1074 | - | shall be given, license granted or order modified or changed. Any order | |
1075 | - | made by the executive director pursuant to the provisions of this chapter | |
1076 | - | shall be served upon the interested persons by registered or certified | |
1077 | - | mail or in person. To carry out the provisions of this chapter, the | |
1078 | - | executive director and any official or employee of the authority and any | |
1079 | - | state or municipal officer charged with the duty of enforcing this chapter | |
1080 | - | may inspect and examine at reasonable hours any premises and the | |
1081 | - | buildings and other structures thereon where airports, restricted | |
1082 | - | landing areas, heliports, vertiports, air schools, flying clubs or other air | |
1083 | - | navigation facilities or aeronautical activities are operated or carried on. | |
1084 | - | No provision of this section shall prohibit the executive director from | |
1085 | - | suspending or revoking the right of any person to pilot, or the right to | |
1086 | - | any operation of any aircraft within this state, for any cause that is | |
1087 | - | deemed sufficient, with or without a hearing. No appeal taken from the | |
1088 | - | action of the executive director shall act as a stay of suspension or | |
1089 | - | revocation except with the executive director's consent and under such Substitute House Bill No. 5330 | |
768 | + | Sec. 7 July 1, 2024 New section | |
769 | + | Sec. 8 October 1, 2024 14-297(7) | |
770 | + | Sec. 9 October 1, 2024 14-218a(b) | |
771 | + | Sec. 10 July 1, 2024 13a-123(e) | |
772 | + | Sec. 11 July 1, 2024 13b-38ff(b) | |
773 | + | Sec. 12 July 1, 2024 13b-2(10) | |
774 | + | Sec. 13 July 1, 2024 13b-34(a) | |
775 | + | Sec. 14 July 1, 2024 13b-34(j) | |
776 | + | Sec. 15 October 1, 2024 14-289g | |
777 | + | Sec. 16 October 1, 2024 14-36a(a) | |
778 | + | Sec. 17 October 1, 2024 14-40a(b) | |
779 | + | Sec. 18 October 1, 2024 14-222 | |
780 | + | Sec. 19 October 1, 2024 14-296aa | |
1090 | 781 | ||
1091 | - | Public Act No. 24-40 34 of 51 | |
782 | + | Statement of Legislative Commissioners: | |
783 | + | Section 6 was rewritten for accuracy. | |
1092 | 784 | ||
1093 | - | conditions as the executive director may prescribe. No service of process | |
1094 | - | shall be necessary in connection with any of the prescribed activities of | |
1095 | - | the executive director. The term of any suspension or revocation shall | |
1096 | - | commence upon notice thereof by the executive director. | |
1097 | - | Sec. 33. Section 15-69 of the general statutes is repealed and the | |
1098 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1099 | - | (a) Any person who interferes or tampers with any airport, heliport, | |
1100 | - | vertiport, landing field or airway or the equipment thereof or who | |
1101 | - | interferes or tampers with or circumvents, attempts to circumvent or | |
1102 | - | thwart any security device or equipment installed or who circumvents, | |
1103 | - | attempts to circumvent or fails to comply with security measures or | |
1104 | - | procedures in operation at any airport shall be guilty of a class D felony. | |
1105 | - | (b) Any person who knowingly or intentionally provides false | |
1106 | - | information, makes a false written statement or withholds relevant | |
1107 | - | information on any application or other document required by airport | |
1108 | - | or airplane operator security plans or measures pursuant to federal law | |
1109 | - | and regulations which is submitted to any airport owner or operator, air | |
1110 | - | carrier, airport tenant, concessionaire or contractor shall be fined not | |
1111 | - | more than one thousand dollars or imprisoned not more than one year | |
1112 | - | or be both fined and imprisoned. | |
1113 | - | Sec. 34. Section 15-71a of the general statutes is repealed and the | |
1114 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1115 | - | Any pilot, whether resident or nonresident, of a civil aircraft involved | |
1116 | - | in an aircraft accident [resulting in personal injury or substantial | |
1117 | - | damage to the aircraft] and any operator, whether resident or | |
1118 | - | nonresident, of an unmanned aircraft involved in an unmanned aircraft | |
1119 | - | accident shall immediately notify the executive director or the state | |
1120 | - | police of such accident. If the pilot, [or] pilots, operator or operators are | |
1121 | - | incapacitated, any person who caused or authorized the operation of Substitute House Bill No. 5330 | |
1122 | - | ||
1123 | - | Public Act No. 24-40 35 of 51 | |
1124 | - | ||
1125 | - | such aircraft or unmanned aircraft at the time of the accident shall be | |
1126 | - | responsible for giving such notification. [A] The pilot, pilots, operator or | |
1127 | - | operators shall file a written report [shall be filed] concerning the | |
1128 | - | accident with the executive director [within] not later than fourteen | |
1129 | - | calendar days after such accident on a form prescribed by the executive | |
1130 | - | director. If requested by the executive director, a written report may also | |
1131 | - | be required for an aircraft or unmanned accident when the damage is | |
1132 | - | less than substantial damage. The executive director may make an | |
1133 | - | investigation of such accidents as [he or she] the executive director | |
1134 | - | deems advisable or in lieu of a detailed investigation, may accept a copy | |
1135 | - | of the final report by a federal investigation agency. | |
1136 | - | Sec. 35. Section 15-72 of the general statutes is repealed and the | |
1137 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1138 | - | No person shall operate any aircraft or unmanned aircraft carelessly, | |
1139 | - | negligently or recklessly, or in such a manner as to endanger the | |
1140 | - | property, life or limb of any person, having regard to the proximity of | |
1141 | - | other aircraft or other unmanned aircraft, weather conditions, field | |
1142 | - | conditions and, while in flight, the territory flown over. | |
1143 | - | Sec. 36. Section 15-73 of the general statutes is repealed and the | |
1144 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1145 | - | Where necessary in order to provide unobstructed air space for the | |
1146 | - | landing and taking-off of aircraft, in the case of airports, heliports, | |
1147 | - | vertiports and restricted landing areas acquired or operated by the | |
1148 | - | authority, the executive director or, if a taking is required, the | |
1149 | - | Commissioner of Transportation, and, in the case of municipal airports, | |
1150 | - | the municipality, is granted authority to acquire, in the same manner as | |
1151 | - | is provided for the acquisition of property for airport purposes, | |
1152 | - | easements through or other interests in air space over land or water, | |
1153 | - | interests in airport hazards outside the boundaries of the airports, | |
1154 | - | heliports, vertiports or restricted landing areas, and such other airport Substitute House Bill No. 5330 | |
1155 | - | ||
1156 | - | Public Act No. 24-40 36 of 51 | |
1157 | - | ||
1158 | - | protection privileges as are necessary to [insure] ensure safe approaches | |
1159 | - | to the landing areas of such airports, heliports, vertiports and restricted | |
1160 | - | landing areas and the safe and efficient operation thereof. The executive | |
1161 | - | director or, if a taking is required, said commissioner, is empowered to | |
1162 | - | acquire in the same manner the right of easement for a term of years or | |
1163 | - | perpetually to place or maintain suitable marks for the daytime marking | |
1164 | - | and suitable lights for the nighttime marking of airport hazards for the | |
1165 | - | purpose of maintaining and repairing such lights and marks. No person | |
1166 | - | shall build, rebuild or create or cause to be built, rebuilt or created any | |
1167 | - | object, or plant, cause to be planted or permit to grow higher any tree or | |
1168 | - | trees or other vegetation, which encroach upon any airport protection | |
1169 | - | privileges acquired pursuant to the provisions of this section. Any such | |
1170 | - | encroachment is declared to be a public nuisance and may be abated in | |
1171 | - | the manner prescribed by law for the abatement of public nuisances, or | |
1172 | - | the municipality in charge of the airport, heliport, vertiport or restricted | |
1173 | - | landing area for which airport protection privileges have been acquired | |
1174 | - | as provided in this section may go upon the land of others and remove | |
1175 | - | any such encroachment without being liable for damages in so doing. | |
1176 | - | Before exercising any of the powers conferred [herein] in this section, | |
1177 | - | the executive director shall establish and publish in detailed form, | |
1178 | - | available to the public, the standards which the executive director has | |
1179 | - | adopted and will apply in making a determination that public | |
1180 | - | convenience and necessity require the taking of any parcel of land or | |
1181 | - | interest therein. | |
1182 | - | Sec. 37. Section 15-74a of the general statutes is repealed and the | |
1183 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1184 | - | Terms used in this section and sections 15-74b and 15-74c [,] shall be | |
1185 | - | construed as follows, unless another meaning is expressed or is clearly | |
1186 | - | apparent from the language or the context: "public service company" | |
1187 | - | [means "public service company" as defined by] has the same meaning | |
1188 | - | as provided in section 16-1; "public airport" means any state or Substitute House Bill No. 5330 | |
1189 | - | ||
1190 | - | Public Act No. 24-40 37 of 51 | |
1191 | - | ||
1192 | - | municipality owned airport, heliport, vertiport, restricted landing area | |
1193 | - | or other air navigational facility or any facility licensed by the executive | |
1194 | - | director of the Connecticut Airport Authority under section 13b-46, as | |
1195 | - | amended by this act, except any privately owned airport, heliport, | |
1196 | - | vertiport, restricted landing area or air navigational facility unless the | |
1197 | - | same has been on file with the Federal Aviation Administration for a | |
1198 | - | period of at least two years and designated by it as a facility open to the | |
1199 | - | public; and "clear zone" means an area extending for up to one-half mile | |
1200 | - | from the end of a runway on a public airport and designated by the | |
1201 | - | executive director as a clear zone in accordance with regulations or | |
1202 | - | procedures adopted by the executive director. | |
1203 | - | Sec. 38. Section 15-77 of the general statutes is repealed and the | |
1204 | - | following is substituted in lieu thereof (Effective October 1, 2024): | |
1205 | - | (a) No person shall operate or attempt to operate any aircraft or | |
1206 | - | unmanned aircraft on the ground or in the air while under the influence | |
1207 | - | of intoxicating liquor or of any drug. | |
1208 | - | (b) No person shall operate or attempt to operate any aircraft on the | |
1209 | - | ground or in the air carrying passengers who are under the influence of | |
1210 | - | intoxicating liquor or of any drug. | |
1211 | - | (c) Any person who violates any provision of this section shall, for a | |
1212 | - | first offense, be guilty of a class C misdemeanor and, for any subsequent | |
1213 | - | offense, be guilty of a class A misdemeanor. | |
1214 | - | Sec. 39. (NEW) (Effective October 1, 2024) The Connecticut Airport | |
1215 | - | Authority, in consultation with the Department of Transportation and | |
1216 | - | representatives from the unmanned aircraft industry, organizations | |
1217 | - | representing municipalities and organizations representing first | |
1218 | - | responders, may adopt procedures pursuant to the provisions of section | |
1219 | - | 1-121 of the general statutes that (1) specify where unmanned aircraft | |
1220 | - | may take off and land, giving consideration to the public health, safety, Substitute House Bill No. 5330 | |
1221 | - | ||
1222 | - | Public Act No. 24-40 38 of 51 | |
1223 | - | ||
1224 | - | aesthetics and general welfare of this state, and (2) govern the operation | |
1225 | - | of unmanned aircraft, unless otherwise prohibited by, or provided for, | |
1226 | - | in federal law. | |
1227 | - | Sec. 40. (NEW) (Effective October 1, 2024) (a) As used in this section, | |
1228 | - | (1) "unmanned aircraft" has the same meaning as provided in section 15- | |
1229 | - | 34 of the general statutes, as amended by this act; (2) "armed forces of | |
1230 | - | the United States" has the same meaning as "armed forces" in section 27- | |
1231 | - | 103 of the general statutes; (3) "armed forces of the state" has the same | |
1232 | - | meaning as described in section 27-2 of the general statutes; (4) | |
1233 | - | "firefighter" has the same meaning as described in section 7-313g of the | |
1234 | - | general statutes; (5) "police officer" has the same meaning as provided | |
1235 | - | in section 7-294a of the general statutes; and (6) "public service | |
1236 | - | company" has the same meaning as described in section 16-1 of the | |
1237 | - | general statutes. | |
1238 | - | (b) No person shall operate an unmanned aircraft, or program an | |
1239 | - | unmanned aircraft to operate, at a height of less than two hundred fifty | |
1240 | - | feet over the boundaries of private premises without the prior approval | |
1241 | - | of the owner of such premises. | |
1242 | - | (c) The provisions of subsection (b) of this section shall not apply to | |
1243 | - | (1) the operation of an unmanned aircraft by, or on behalf of, an | |
1244 | - | employee of the federal government, the state or a political subdivision | |
1245 | - | of the state, a member of the armed forces of the United States, a member | |
1246 | - | of the armed forces of the state, a firefighter, a police officer or an | |
1247 | - | employee of a public service company when such operation is in the | |
1248 | - | performance of the official duties of such employee, member, firefighter | |
1249 | - | or officer, or (2) a person operating an unmanned aircraft for | |
1250 | - | commercial purposes in compliance with authorization granted by the | |
1251 | - | Federal Aviation Administration to the extent such operation is | |
1252 | - | necessary for such commercial purpose. | |
1253 | - | (d) Any person who violates any provision of this section shall have Substitute House Bill No. 5330 | |
1254 | - | ||
1255 | - | Public Act No. 24-40 39 of 51 | |
1256 | - | ||
1257 | - | committed an infraction. | |
1258 | - | Sec. 41. Subsection (g) of section 30-91 of the 2024 supplement to the | |
1259 | - | general statutes is repealed and the following is substituted in lieu | |
1260 | - | thereof (Effective October 1, 2024): | |
1261 | - | (g) Notwithstanding any provision of subsection (a) and subdivisions | |
1262 | - | (1) and (2) of subsection (e) of this section, food or nonalcoholic | |
1263 | - | beverages may be sold, dispensed or consumed in places operating | |
1264 | - | under a cafe permit issued pursuant to subsection (d) of section 30-22a, | |
1265 | - | at any time, as allowed by agreement between the Connecticut Airport | |
1266 | - | Authority and its lessees or concessionaires. In the case of premises | |
1267 | - | operating at Bradley International Airport under a cafe permit, the sale, | |
1268 | - | dispensing or consumption or the presence in glasses or other | |
1269 | - | receptacles suitable to permit the consumption of alcoholic liquor by an | |
1270 | - | individual shall be unlawful on [: (1) Monday, Tuesday, Wednesday, | |
1271 | - | Thursday and Friday between the hours of one o'clock a.m. and six | |
1272 | - | o'clock a.m., (2) Saturday and Sunday between the hours of two o'clock | |
1273 | - | a.m. and six o'clock a.m., (3) Christmas, except for alcoholic liquor that | |
1274 | - | is served where food is also available during the hours otherwise | |
1275 | - | permitted by this section for the day on which Christmas falls, and (4) | |
1276 | - | January first between the hours of three o'clock a.m. and six o'clock a.m.] | |
1277 | - | any day between the hours of twelve o'clock a.m. and four o'clock a.m. | |
1278 | - | and after eleven o'clock p.m. | |
1279 | - | Sec. 42. Section 13a-261 of the general statutes is repealed and the | |
1280 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1281 | - | For the purposes of this section and sections 13a-262 to 13a-268, | |
1282 | - | inclusive, as amended by this act, and section 47 of this act: | |
1283 | - | (1) "Department" means the Department of Transportation. | |
1284 | - | [(2) "Limited access state highway" means any state highway so | |
1285 | - | designated under the provisions of section 13b-27.] Substitute House Bill No. 5330 | |
1286 | - | ||
1287 | - | Public Act No. 24-40 40 of 51 | |
1288 | - | ||
1289 | - | [(3)] (2) "Owner" means a person in whose name a motor vehicle is | |
1290 | - | registered under the provisions of chapter 246 or law of another | |
1291 | - | jurisdiction. | |
1292 | - | [(4)] (3) "Personally identifiable information" means information | |
1293 | - | created or maintained by the department or a vendor that identifies or | |
1294 | - | describes an owner and includes, but need not be limited to, the owner's | |
1295 | - | address, telephone number, number plate, photograph, bank account | |
1296 | - | information, credit card number, debit card number or the date, time, | |
1297 | - | location or direction of travel on a [limited access] highway. | |
1298 | - | [(5)] (4) "Vendor" means a person selected by the department (A) to | |
1299 | - | provide services to the department described in sections 13a-262 to 13a- | |
1300 | - | 268, inclusive, as amended by this act; (B) who operates, maintains, | |
1301 | - | leases or licenses a work zone speed control system; or (C) is authorized | |
1302 | - | to review and assemble the recorded images captured by the work zone | |
1303 | - | speed control system. | |
1304 | - | [(6)] (5) "Highway work zone" has the same meaning as provided in | |
1305 | - | section 14-212d. | |
1306 | - | [(7)] (6) "Work zone speed control system" means a device having one | |
1307 | - | or more motor vehicle sensors connected to a camera system capable of | |
1308 | - | producing recorded images that indicate the date, time and location of | |
1309 | - | the image of each motor vehicle allegedly operating in violation of the | |
1310 | - | provisions of section 13a-263, as amended by this act. | |
1311 | - | [(8)] (7) "Work zone speed control system operator" means a person | |
1312 | - | who is trained and certified to operate a work zone speed control | |
1313 | - | system. | |
1314 | - | [(9)] (8) "Driver", "highway" and "number plate" have the same | |
1315 | - | meanings as provided in section 14-1. | |
1316 | - | Sec. 43. Section 13a-262 of the general statutes is repealed and the Substitute House Bill No. 5330 | |
1317 | - | ||
1318 | - | Public Act No. 24-40 41 of 51 | |
1319 | - | ||
1320 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1321 | - | (a) The department may establish a [pilot] program to operate work | |
1322 | - | zone speed control systems in a highway work zone, [. The pilot | |
1323 | - | program shall provide for] provided the department does not operate | |
1324 | - | such systems at [not] more than [three locations] fifteen highway work | |
1325 | - | zones in the state at any one time. A work zone speed control system | |
1326 | - | may be used to record the images of motor vehicles traveling on a | |
1327 | - | [limited access] highway (1) within a highway work zone, and (2) on | |
1328 | - | which the speed limit, established using generally accepted traffic | |
1329 | - | engineering practices, is forty-five miles per hour or greater. [The pilot | |
1330 | - | program shall commence on or before January 1, 2022, and terminate on | |
1331 | - | December 31, 2023.] | |
1332 | - | (b) A work zone speed control system may be used provided (1) such | |
1333 | - | system is operated by a work zone speed control system operator, (2) if, | |
1334 | - | in accordance with the manual of uniform traffic control devices as | |
1335 | - | approved and revised by the Office of State Traffic Administration, at | |
1336 | - | least two conspicuous road signs are placed at a reasonable distance in | |
1337 | - | advance of a highway work zone notifying drivers that a work zone | |
1338 | - | speed control system may be in operation, (3) at least one of the signs | |
1339 | - | described in subdivision (2) of this subsection indicates that the work | |
1340 | - | zone speed control system is operational or is not operational, (4) an | |
1341 | - | appropriate sign is conspicuously placed at the end of a highway work | |
1342 | - | zone with a work zone speed control system that is operational, and (5) | |
1343 | - | a notice identifying the location of a work zone speed control system is | |
1344 | - | available on the Internet web site of the department. | |
1345 | - | (c) A work zone speed control system shall be used in a manner to | |
1346 | - | only record images of motor vehicles that are exceeding the posted | |
1347 | - | highway work zone speed limit by [fifteen] ten miles per hour or more | |
1348 | - | in violation of the provisions of section 13a-263, as amended by this act. | |
1349 | - | Any recorded images collected as part of a work zone speed control | |
1350 | - | system shall not be used for any surveillance purpose. [The] At least two Substitute House Bill No. 5330 | |
1351 | - | ||
1352 | - | Public Act No. 24-40 42 of 51 | |
1353 | - | ||
1354 | - | days prior to a work zone speed control system becoming operational, | |
1355 | - | the department or work zone speed control system operator shall | |
1356 | - | [certify] provide written notice of the date such system will be | |
1357 | - | operational to the Division of State Police [when a work zone speed | |
1358 | - | control system is operational] and the chief executive officer of the | |
1359 | - | municipality where such system is to be located. | |
1360 | - | (d) The Commissioner of Transportation may (1) enter into | |
1361 | - | agreements with vendors for the design, operation or maintenance, or | |
1362 | - | any combination thereof, of work zone speed control systems, and (2) | |
1363 | - | retain and employ consultants and assistants on a contract or other basis | |
1364 | - | for rendering legal, financial, professional, technical or other assistance | |
1365 | - | and advice necessary for the design, operation and maintenance of work | |
1366 | - | zone speed control systems. If a vendor provides, deploys or operates a | |
1367 | - | work zone control system, the vendor's fee may not be contingent on the | |
1368 | - | number of violations issued or fines paid pursuant to the provisions of | |
1369 | - | section 13a-263, as amended by this act. | |
1370 | - | Sec. 44. Section 13a-263 of the general statutes is repealed and the | |
1371 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1372 | - | (a) No person operating a motor vehicle shall exceed the posted speed | |
1373 | - | limit by [fifteen] ten or more miles per hour, as detected by a work zone | |
1374 | - | speed control system, within a highway work zone where a work zone | |
1375 | - | speed control system is operational. | |
1376 | - | (b) [The] Except as provided in subsection (c) of this section, the | |
1377 | - | owner of a motor vehicle identified by a work zone speed [camera] | |
1378 | - | control system as violating the provisions of subsection (a) of this | |
1379 | - | section shall, (1) for a first violation, receive a written warning, and (2) | |
1380 | - | for a second or subsequent violation that occurs within one year of the | |
1381 | - | date of such owner's most recent violation, be fined seventy-five dollars. | |
1382 | - | [, (3) for a subsequent violation, be fined one hundred fifty dollars.] Any | |
1383 | - | subsequent violation occurring more than one year after such owner's Substitute House Bill No. 5330 | |
1384 | - | ||
1385 | - | Public Act No. 24-40 43 of 51 | |
1386 | - | ||
1387 | - | most recent violation shall be considered a first violation. | |
1388 | - | (c) The owner of a motor vehicle identified by a work zone speed | |
1389 | - | control system as violating the provisions of subsection (a) of this | |
1390 | - | section and traveling at a rate of speed of eighty-five miles per hour or | |
1391 | - | greater shall be fined seventy-five dollars. | |
1392 | - | (d) The owner shall be liable for any [such] fine imposed pursuant to | |
1393 | - | subsection (b) or (c) of this section unless the driver of the motor vehicle | |
1394 | - | received a citation from a law enforcement officer at the time of the | |
1395 | - | violation. In the case of a motor vehicle that is leased for more than thirty | |
1396 | - | days and identified by a work zone speed control system as violating | |
1397 | - | the provisions of subsection (a) of this section, the lessee shall be | |
1398 | - | considered the owner of such motor vehicle for the purposes of this | |
1399 | - | section and sections 13a-264, as amended by this act, and 13a-266, as | |
1400 | - | amended by this act. | |
1401 | - | [(c)] (e) All amounts received in respect to the violation of subsection | |
1402 | - | (a) of this section shall be deposited into the Special Transportation | |
1403 | - | Fund, established pursuant to section 13b-68 and maintained pursuant | |
1404 | - | to article thirty-second of the amendments to the Constitution of the | |
1405 | - | state. | |
1406 | - | Sec. 45. Subsections (h) and (i) of section 13a-264 of the general | |
1407 | - | statutes are repealed and the following is substituted in lieu thereof | |
1408 | - | (Effective July 1, 2024): | |
1409 | - | (h) A violation of section 13a-263, as amended by this act, shall not (1) | |
1410 | - | be included in [the operating record of the driver] any driver control | |
1411 | - | record maintained pursuant to section [14-137a] 14-111l, (2) be the | |
1412 | - | subject to merit rating for insurance purposes, or (3) authorize the | |
1413 | - | imposition of surcharge points in the provision of motor vehicle | |
1414 | - | insurance coverage. | |
1415 | - | (i) The following defenses shall be available to the owner of a motor Substitute House Bill No. 5330 | |
1416 | - | ||
1417 | - | Public Act No. 24-40 44 of 51 | |
1418 | - | ||
1419 | - | vehicle identified by a work zone speed [camera] control system as | |
1420 | - | allegedly violating section 13a-263, as amended by this act: (1) The | |
1421 | - | violation took place during a period of time in which the motor vehicle | |
1422 | - | had been reported as being stolen to a law enforcement unit, as defined | |
1423 | - | in section 7-294a, and had not been recovered prior to the time of the | |
1424 | - | violation, and (2) the work zone speed control system used to determine | |
1425 | - | speed was not in compliance with the provisions of this section relating | |
1426 | - | to tests for accuracy, certification or calibration. | |
1427 | - | Sec. 46. Section 13a-266 of the general statutes is repealed and the | |
1428 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1429 | - | If an owner [does not] fails to (1) pay the fine and any additional fee | |
1430 | - | imposed for a violation or conviction of section 13a-263, as amended by | |
1431 | - | this act, [or after being found guilty at a trial for the commission of such | |
1432 | - | violation] (2) submit a plea of not guilty by the answer date, or (3) | |
1433 | - | appear for any scheduled court appearance at the time and place | |
1434 | - | assigned, the Commissioner of Motor Vehicles may refuse to register or | |
1435 | - | suspend the registration of the motor vehicle operated at the time of | |
1436 | - | such violation. | |
1437 | - | Sec. 47. (NEW) (Effective July 1, 2024) Not later than February 1, 2026, | |
1438 | - | and annually thereafter, the Commissioner of Transportation shall | |
1439 | - | submit a report, in accordance with the provisions of section 11-4a of the | |
1440 | - | general statutes, to the joint standing committee of the General | |
1441 | - | Assembly having cognizance of matters relating to transportation. Such | |
1442 | - | report shall include the following information regarding the preceding | |
1443 | - | calendar year: (1) The number of warnings and violations issued | |
1444 | - | pursuant to section 13a-263 of the general statutes, as amended by this | |
1445 | - | act, for each work zone speed control system that was operational; (2) | |
1446 | - | the number of such warnings and violations where the motor vehicle | |
1447 | - | exceeded the posted speed limit by (A) at least eleven miles per hour, | |
1448 | - | but not more than twenty miles per hour, (B) at least twenty-one miles | |
1449 | - | per hour, but not more than thirty miles per hour, (C) at least thirty-one Substitute House Bill No. 5330 | |
1450 | - | ||
1451 | - | Public Act No. 24-40 45 of 51 | |
1452 | - | ||
1453 | - | miles per hour, but not more than forty miles per hour, and (D) forty- | |
1454 | - | one miles per hour or greater; (3) the number of crashes that occurred in | |
1455 | - | each highway work zone where a work zone speed control system was | |
1456 | - | operational; (4) the amount of fines received pursuant to section 13a-263 | |
1457 | - | of the general statutes, as amended by this act; (5) the annual cost to the | |
1458 | - | Department of Transportation to use work zone speed control systems; | |
1459 | - | (6) the number of motor vehicles identified by a work zone speed control | |
1460 | - | system that were the subject of one violation, two violations, three | |
1461 | - | violations or four or more violations; (7) a list of engineering and | |
1462 | - | educational measures undertaken by the department to improve safety | |
1463 | - | in highway work zones with an operational work zone speed control | |
1464 | - | system; (8) a description of situations where recorded images produced | |
1465 | - | by a work zone speed control system could not be used or were not | |
1466 | - | used; and (9) the number of leased or rented motor vehicles, out-of-state | |
1467 | - | motor vehicles or other vehicles, including trucks, where enforcement | |
1468 | - | efforts were unsuccessful. | |
1469 | - | Sec. 48. Subsection (d) of section 14-307c of the 2024 supplement to | |
1470 | - | the general statutes is repealed and the following is substituted in lieu | |
1471 | - | thereof (Effective July 1, 2024): | |
1472 | - | (d) Any ordinance adopted under this section may: (1) Establish a fine | |
1473 | - | to be imposed against the owner of a motor vehicle committing a | |
1474 | - | violation of such ordinance, provided the amount of such fine is not | |
1475 | - | more than fifty dollars for a first violation and not more than seventy- | |
1476 | - | five dollars for a second or subsequent violation that occurs within one | |
1477 | - | year of the date of the owner's most recent violation, and (2) impose a | |
1478 | - | reasonable fee, not to exceed fifteen dollars, for the costs associated with | |
1479 | - | the electronic processing of the payment of any such fine. Any | |
1480 | - | subsequent violation occurring more than one year after the owner's | |
1481 | - | most recent violation shall be considered a first violation. Any funds | |
1482 | - | received by a municipality from fines imposed pursuant to an ordinance | |
1483 | - | adopted under this section shall be used for the purposes of improving Substitute House Bill No. 5330 | |
1484 | - | ||
1485 | - | Public Act No. 24-40 46 of 51 | |
1486 | - | ||
1487 | - | transportation mobility, investing in transportation infrastructure | |
1488 | - | improvements or paying the costs associated with the use of automated | |
1489 | - | traffic enforcement safety devices in the municipality. | |
1490 | - | Sec. 49. Subsection (i) of section 14-307c of the 2024 supplement to the | |
1491 | - | general statutes is repealed and the following is substituted in lieu | |
1492 | - | thereof (Effective July 1, 2024): | |
1493 | - | (i) (1) Whenever an automated traffic enforcement safety device | |
1494 | - | detects and produces recorded images of a motor vehicle allegedly | |
1495 | - | committing a violation of an ordinance adopted under this section, a | |
1496 | - | sworn member or employee of the municipality's police department or | |
1497 | - | an employee of the municipality designated by the traffic authority shall | |
1498 | - | review the recorded images provided by such device. If, after such | |
1499 | - | review, such member or employee determines that there are reasonable | |
1500 | - | grounds to believe that a violation of the ordinance has occurred, such | |
1501 | - | member or employee may issue a citation to the owner of the motor | |
1502 | - | vehicle. The citation shall include the following: (A) The name and | |
1503 | - | address of the owner of the motor vehicle; (B) the number plate of the | |
1504 | - | motor vehicle; (C) the violation charged; (D) the location of the | |
1505 | - | automated traffic enforcement safety device and the date and time of | |
1506 | - | the violation; (E) a copy of or information on how to view, through | |
1507 | - | electronic means, the recorded images described in this section; (F) a | |
1508 | - | statement or electronically generated affirmation by the member or | |
1509 | - | employee who reviewed the recorded images and determined that the | |
1510 | - | motor vehicle violated the ordinance; (G) verification that the | |
1511 | - | automated traffic enforcement safety device was operating correctly at | |
1512 | - | the time of the alleged violation and the date of the most recent | |
1513 | - | calibration check performed pursuant to subsection (h) of this section; | |
1514 | - | (H) the amount of the fine imposed and how to pay such fine; and (I) | |
1515 | - | the right to contest the violation and request a hearing pursuant to | |
1516 | - | section 7-152c. | |
1517 | - | (2) In the case of an alleged violation involving a motor vehicle Substitute House Bill No. 5330 | |
1518 | - | ||
1519 | - | Public Act No. 24-40 47 of 51 | |
1520 | - | ||
1521 | - | registered in the state, the citation shall be mailed not later than thirty | |
1522 | - | days after the identity of the owner is ascertained to the address of the | |
1523 | - | owner that is in the records of the Department of Motor Vehicles. In the | |
1524 | - | case of an alleged violation involving a motor vehicle registered in | |
1525 | - | another jurisdiction, the citation shall be mailed not later than thirty | |
1526 | - | days after the identity of the owner is ascertained to the address of the | |
1527 | - | owner that is in the records of the official in the other jurisdiction issuing | |
1528 | - | such registration. A citation shall be invalid unless mailed to an owner | |
1529 | - | not later than sixty days after the alleged violation. | |
1530 | - | (3) The citation shall be sent by first class mail. A manual or | |
1531 | - | automated record of mailing prepared by the municipality's police | |
1532 | - | department shall be prima facie evidence of mailing and shall be | |
1533 | - | admissible in any hearing conducted pursuant to section 7-152c as to the | |
1534 | - | facts contained in the citation. | |
1535 | - | (4) In the case of a motor vehicle that is leased for a period of more | |
1536 | - | than thirty days and identified by an automated traffic enforcement | |
1537 | - | safety device as allegedly committing a violation of an ordinance | |
1538 | - | adopted under this section, the lessee shall be considered the owner of | |
1539 | - | such motor vehicle for the purposes of this section. | |
1540 | - | Sec. 50. Section 14-307f of the 2024 supplement to the general statutes | |
1541 | - | is repealed and the following is substituted in lieu thereof (Effective July | |
1542 | - | 1, 2024): | |
1543 | - | (a) No personally identifiable information shall be disclosed by the | |
1544 | - | municipality or a vendor to any person or entity, including any law | |
1545 | - | enforcement unit, except where the disclosure is made in connection | |
1546 | - | with the charging, collection and enforcement of the fines imposed | |
1547 | - | pursuant to an ordinance adopted under section 14-307c, as amended | |
1548 | - | by this act. | |
1549 | - | (b) No personally identifiable information shall be stored or retained Substitute House Bill No. 5330 | |
1550 | - | ||
1551 | - | Public Act No. 24-40 48 of 51 | |
1552 | - | ||
1553 | - | by the municipality or a vendor unless such information is necessary for | |
1554 | - | the charging, collection and enforcement of the fines imposed pursuant | |
1555 | - | to an ordinance adopted under section 14-307c, as amended by this act. | |
1556 | - | (c) The municipality or a vendor shall destroy personally identifiable | |
1557 | - | information and other data that specifically identifies a motor vehicle | |
1558 | - | and relates to a violation of an ordinance adopted under section 14-307c, | |
1559 | - | as amended by this act, not later than thirty days after any fine is | |
1560 | - | collected or the resolution of a hearing conducted for the alleged | |
1561 | - | commission of such violation, whichever is later, except a municipality | |
1562 | - | or vendor may retain a portion of personally identifiable information for | |
1563 | - | the limited purpose of determining whether a person committed a | |
1564 | - | second or subsequent violation of such ordinance. The municipality or | |
1565 | - | vendor shall destroy any retained portion of personally identifiable | |
1566 | - | information not later than one year after the date of such person's most | |
1567 | - | recent violation. | |
1568 | - | (d) Any information and other data gathered from automated traffic | |
1569 | - | enforcement safety devices shall be subject to disclosure under the | |
1570 | - | Freedom of Information Act, as defined in section 1-200, except no | |
1571 | - | personally identifiable information may be disclosed. | |
1572 | - | Sec. 51. (NEW) (Effective July 1, 2024) Not later than October 1, 2024, | |
1573 | - | the Commissioner of Transportation shall develop, and thereafter revise | |
1574 | - | as necessary, a process by which the chief executive officer of a | |
1575 | - | municipality, traffic authority, as defined in section 14-297 of the general | |
1576 | - | statutes, as amended by this act, or regional council of governments may | |
1577 | - | request the Department of Transportation to perform a road safety audit | |
1578 | - | of a specified state highway for the purpose of identifying | |
1579 | - | transportation safety solutions and improving motor vehicle, bicycle | |
1580 | - | and pedestrian traffic upon such state highway. Any such process shall | |
1581 | - | require the commissioner to notify, in writing, the requesting chief | |
1582 | - | executive officer, traffic authority or regional council of governments, | |
1583 | - | not later than sixty days after receipt of any such request, of the Substitute House Bill No. 5330 | |
1584 | - | ||
1585 | - | Public Act No. 24-40 49 of 51 | |
1586 | - | ||
1587 | - | commissioner's determination (1) to perform such road safety audit and | |
1588 | - | to coordinate with the traffic authority in which the state highway is | |
1589 | - | located to schedule a date for such road safety audit, or (2) to not | |
1590 | - | perform such road safety audit and the reasons for the commissioner's | |
1591 | - | determination. Such process shall require the results of any road safety | |
1592 | - | audit to be submitted to the chief executive officer, traffic authority or | |
1593 | - | regional council of governments that requested such road safety audit | |
1594 | - | and any members of the General Assembly representing the | |
1595 | - | municipality in which the audited state highway is located. The | |
1596 | - | commissioner shall post the process developed pursuant to the | |
1597 | - | provisions of this section on the Internet web site of the Department of | |
1598 | - | Transportation. | |
1599 | - | Sec. 52. Section 7-204a of the general statutes is repealed and the | |
1600 | - | following is substituted in lieu thereof (Effective July 1, 2024): | |
1601 | - | Any [consolidated town and city which (1) was consolidated in 1896, | |
1602 | - | (2) has a mayor and a court of common council, and (3) has a population | |
1603 | - | of more than one hundred thousand, may, by ordinance adopted by the | |
1604 | - | court of common council] municipality may, by ordinance adopted by | |
1605 | - | its legislative body or, where the legislative body is a town meeting, by | |
1606 | - | the board of selectmen, authorize the parking authority of such | |
1607 | - | [consolidated town and city] municipality to [(A)] (1) enforce the | |
1608 | - | parking regulations of such [consolidated city and town] municipality, | |
1609 | - | and [(B)] (2) receive the amount remitted to the [town and city] | |
1610 | - | municipality for parking regulations under subsection (b) of section 51- | |
1611 | - | 56a. | |
1612 | - | Sec. 53. (Effective from passage) Not later than January 1, 2025, the | |
1613 | - | Commissioner of Transportation shall submit a report, in accordance | |
1614 | - | with the provisions of section 11-4a of the general statutes, to the joint | |
1615 | - | standing committee of the General Assembly having cognizance of | |
1616 | - | matters relating to transportation that (1) identifies at least five | |
1617 | - | alternative methods for restoring service on the Shore Line East rail line, Substitute House Bill No. 5330 | |
1618 | - | ||
1619 | - | Public Act No. 24-40 50 of 51 | |
1620 | - | ||
1621 | - | and (2) recommends what level of funding would be necessary to | |
1622 | - | implement each such alternative method. | |
1623 | - | Sec. 54. Subsection (c) of section 14-227b of the general statutes is | |
1624 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
1625 | - | 2024): | |
1626 | - | (c) If the person arrested refuses to submit to such test or | |
1627 | - | nontestimonial portion of a drug influence evaluation or submits to such | |
1628 | - | test, commenced within two hours of the time of operation, and the | |
1629 | - | results of such test indicate that such person has an elevated blood | |
1630 | - | alcohol content, the police officer, acting on behalf of the Commissioner | |
1631 | - | of Motor Vehicles, shall immediately revoke and take possession of the | |
1632 | - | motor vehicle operator's license or, if such person is not licensed or is a | |
1633 | - | nonresident, suspend the operating privilege of such person, for a | |
1634 | - | twenty-four-hour period. The police officer shall prepare a report of the | |
1635 | - | incident and shall mail or otherwise transmit in accordance with this | |
1636 | - | subsection the report and a copy of the results of any chemical test to | |
1637 | - | the Department of Motor Vehicles within [three] six business days. The | |
1638 | - | report shall contain such information as prescribed by the | |
1639 | - | Commissioner of Motor Vehicles and shall be subscribed and sworn to | |
1640 | - | under penalty of false statement as provided in section 53a-157b by the | |
1641 | - | arresting officer. If the person arrested refused to submit to such test or | |
1642 | - | evaluation, the report shall be endorsed by a third person who | |
1643 | - | witnessed such refusal. The report shall set forth the grounds for the | |
1644 | - | officer's belief that there was probable cause to arrest such person for a | |
1645 | - | violation of section 14-227a or 14-227m or subdivision (1) or (2) of | |
1646 | - | subsection (a) of section 14-227n and shall state that such person had | |
1647 | - | refused to submit to such test or evaluation when requested by such | |
1648 | - | police officer to do so or that such person submitted to such test, | |
1649 | - | commenced within two hours of the time of operation, and the results | |
1650 | - | of such test indicated that such person had an elevated blood alcohol | |
1651 | - | content. A drug influence evaluation need not be commenced within Substitute House Bill No. 5330 | |
1652 | - | ||
1653 | - | Public Act No. 24-40 51 of 51 | |
1654 | - | ||
1655 | - | two hours of the time of operation. The Commissioner of Motor Vehicles | |
1656 | - | may accept a police report under this subsection that is prepared and | |
1657 | - | transmitted as an electronic record, including electronic signature or | |
1658 | - | signatures, subject to such security procedures as the commissioner may | |
1659 | - | specify and in accordance with the provisions of sections 1-266 to 1-286, | |
1660 | - | inclusive. In any hearing conducted pursuant to the provisions of | |
1661 | - | subsection (g) of this section, it shall not be a ground for objection to the | |
1662 | - | admissibility of a police report that it is an electronic record prepared by | |
1663 | - | electronic means. | |
785 | + | TRA Joint Favorable Subst. | |
1664 | 786 |