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OLR Bill Analysis
sHB 5413 (as amended by House "A")*
AN ACT CONCERNING THE ILLEGAL USE OF CERTAIN VEHICLES
AND STREET TAKEOVERS.
SUMMARY
This bill makes several changes in laws related to street takeovers and
the illegal use of motor vehicles, including all-terrain vehicles (ATVs).
Principally, it:
1. changes the license penalties for violating a state law against
illegal street racing and street takeovers, including permanently
revoking someone’s license for a third violation (§ 4);
2. authorizes municipalities to adopt ordinances that penalize street
takeovers (§ 3);
3. allows municipalities to destroy ATVs, dirt bikes, and mini-
motorcycles that are seized and forfeited for violating a
municipal ordinance (§§ 1 & 2);
4. limits current protections for ATVs, dirt bikes, and mini-
motorcycles from being forfeited by requiring their collection
within 30 days’ notice (§§ 1 & 2); and
5. requires violations of municipal ordinances regulating ATVs,
snowmobiles, dirt bikes, mini-motorcycles, and street takeovers
to be processed through the Centralized Infractions Bureau (see
BACKGROUND ), unless the municipality has established by
ordinance a payment and hearing procedure for the violation
that complies with state law (§ 5).
*House Amendment “A” removes from the underlying bill
provisions that would have required the Office of Policy and 2024HB-05413-R01-BA.DOCX
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Management to administer a program, within available appropriations,
providing grants of at least $500,000 to municipalities to support
enforcement of municipal and state laws against street takeovers and
illegal use of ATVs and dirt bikes.
EFFECTIVE DATE: October 1, 2024, except the provision on dirt bike
and mini-motorcycle municipal ordinances (§ 2) is effective upon
passage.
§§ 1 & 2 — FORFEITURE OF ATVS, DIRT BIKE S, AND MINI-
MOTORCYCLES FOR MUNI CIPAL ORDINANCE VIOLATIONS
By law, municipalities may adopt ordinances on the operation and
use of (1) ATVs, including hours and zones of use, and (2) dirt bikes and
mini-motorcycles on public property, including hours of use. Subject to
any bona fide lien, lease, or security interest in a vehicle, a municipal
ordinance may allow the seizure and forfeiture of an ATV for a
violation, and municipalities with a population of at least 20,000 may do
the same for dirt bikes or mini-motorcycles.
Current law protects an owner or lienholder’s interest when
forfeiture is due to someone else’s act or omission if the owner or
lienholder did not know, and could not have reasonably known, that
the ATV, dirt bike, or mini-motorcycle was used or intended to be used
in violation of a municipal ordinance. The bill creates an exception by
allowing the vehicle’s forfeiture if a municipality mails written notice to
the owner or lienholder that this will occur if the vehicle is not collected
within 30 days and the person fails to do so by 30 days after the notice
is mailed.
Current law also requires any ATV, dirt bike, or mini-motorcycle that
is ordered to be forfeited under an ordinance to be sold at public auction.
The bill adds an alternative to this, allowing the municipality to instead
destroy the vehicle.
By law, an “all-terrain vehicle” is a self-propelled vehicle designed to
travel over unimproved terrain that (1) has been determined by the
Department of Motor Vehicles commissioner to be unsuitable for
operation on public roads and (2) is ineligible for registration (CGS § 14- 2024HB-05413-R01-BA.DOCX
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379).
A “dirt bike” is a two-wheeled motorized recreational vehicle
(excluding ATVs and motor-driven cycles) designed to travel over
unimproved terrain but not public highways (including public streets
and roads).
A “mini-motorcycle” is a vehicle that (1) has no more than three
wheels in contact with the ground; (2) has a manufactured seat height
of less than 26 inches, measured at the lowest point on top of the seat
cushion without the rider; and (3) is propelled by an engine having a
piston displacement of less than 50 cubic centimeters (CGS § 14-289j).
§ 3 — MUNICIPAL ORDINANCE S PROHIBITING STREET
TAKEOVERS
The bill allows any municipality to adopt an ordinance prohibiting
anyone from organizing, participating in, or gathering with intent to
observe and actually observing a “street takeover” (i.e., taking over part
of a public road or off-street parking lot open to the public by blocking
or impeding regular traffic flow to cause disorder or create a nuisance
to other road or lot users).
The ordinance may set fines for violating it at no more than:
1. $1,000 for the first violation;
2. $1,500 for the second violation; and
3. $2,000 for subsequent violations.
Additionally, the ordinance may allow the impounding of any
vehicle used for violating it until any of the following are paid: (1) a fine
imposed under it; (2) related charges (e.g., towing fees); and (3) overdue
property taxes on the vehicle.
Lastly, the bill requires any ordinance adopted to be consistent with
certain state motor vehicle statutes (those on ATVs, dirt bikes, mini-
motorcycles, and snowmobiles) or related regulations. 2024HB-05413-R01-BA.DOCX
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§ 4 — LICENSE PENALTIES FOR ILLEGAL STREET RA CING AND
STREET TAKEOVERS
The bill changes the license penalties for violating a state law that
prohibits driving a motor vehicle on a public road or off-street parking
lot open to the public for any race, contest, or demonstration of speed or
skill or “street takeover” (see above). This law also prohibits certain
related conduct, specifically: (1) possessing a motor vehicle under
circumstances showing an intent to use it for an illegal race, contest, or
demonstration or street takeover; (2) acting as a starter, timekeeper, or
judge at one; (3) betting on the outcome; or (4) knowingly inciting or
recruiting anyone to participate in one beforehand by any action,
method, device, or means, including electronic or social media.
Under current law, whenever someone is convicted or forfeits a bond
taken, or receives a suspended judgment or sentence, for violating the
above law, the motor vehicles commissioner must, without hearing,
suspend the person’s driver’s license or privilege to operate a motor
vehicle in Connecticut for 30 to 90 days and, for a subsequent violation,
for at least 90 days. The bill instead requires a 45-day suspension for a
first and second violation, and then permanent revocation of the
person’s license or privilege to drive for a third violation.
BACKGROUND
Centralized Infractions Bureau
The Superior Court’s Centralized Infractions Bureau processes
payments or not guilty pleas for committing infractions or certain
violations. Generally, anyone who is alleged to have committed an
infraction or certain violations may either plead not guilty or pay by
mail the set fine and any other fee or cost the law prescribes.
Related Bill
sSB 337 (File 216), favorably reported by the Public Safety and
Security Committee, (1) has substantially similar provisions as this bill
(including the provisions the amendment eliminated) and (2) extends
existing criminal penalties for operating a vehicle during a license
suspension or revocation due to specific traffic violations to suspensions
and revocations resulting from violating the illegal street racing and 2024HB-05413-R01-BA.DOCX
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street takeover law.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 34 Nay 2 (03/26/2024)