Bill Text: CT HB05169 | 2012 | General Assembly | Introduced

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Bill Title: An Act Establishing Instruction Permits And Eliminating An Obsolete Fee.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-02-17 - Public Hearing 02/22 [HB05169 Detail]

Download: Connecticut-2012-HB05169-Introduced.html

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General Assembly		Raised Bill No. 5169
February Session, 2012		LCO No. 930
		*00930_______TRA*
Referred to Committee on Transportation
Introduced by:
(TRA)

AN ACT ESTABLISHING INSTRUCTION PERMITS AND ELIMINATING AN OBSOLETE FEE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 14-10 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(a) For the purposes of this section:

(1) "Disclose" means to engage in any practice or conduct to make available and make known, by any means of communication, personal information or highly restricted personal information contained in a motor vehicle record pertaining to an individual to any other individual, organization or entity;

(2) "Motor vehicle record" means any record that pertains to an operator's license, [learner's] instruction permit, identity card, registration, certificate of title or any other document issued by the Department of Motor Vehicles;

(3) "Personal information" means information that identifies an individual and includes an individual's photograph or computerized image, Social Security number, operator's license number, name, address other than the zip code, telephone number, electronic mail address, or medical or disability information, but does not include information on motor vehicle accidents or violations, or information relative to the status of an operator's license, registration or insurance coverage;

(4) "Highly restricted personal information" means an individual's photograph or computerized image, Social Security number or medical or disability information; and

(5) "Express consent" means an affirmative agreement given by the individual who is the subject of personal information that specifically grants permission to the department to release such information to the requesting party. Such agreement shall (A) be in writing or such other form as the commissioner may determine in regulations adopted in accordance with the provisions of chapter 54, and (B) specify a procedure for the individual to withdraw such consent, as provided in regulations adopted in accordance with the provisions of chapter 54.

Sec. 2. Subsections (b) to (d), inclusive, of section 14-36 of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(b) (1) A person eighteen years of age or older who does not hold a motor vehicle operator's license may not operate a motor vehicle [without a motor vehicle operator's license] on the public highways of the state for the purpose of instruction until such person has applied for and obtained an adult instruction permit from the commissioner. Such person shall not be eligible for an adult instruction permit if [(A)] such person has [not] had a [Connecticut] motor vehicle operator's license suspended or revoked. [, and (B) such person] An adult instruction permit shall entitle the holder, while such holder has the permit in his or her immediate possession, to operate a motor vehicle on the public highways, provided such holder is under the instruction of, and accompanied by, a person who holds an instructor's license issued under the provisions of section 14-73 or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the instruction, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during the four-year period preceding the instruction. (2) A person holding a valid out-of-state motor vehicle operator's license may operate a motor vehicle for a period of thirty days following such person's establishment of residence in Connecticut, if the motor vehicle is of the same class as that for which his or her out-of-state motor vehicle operator's license was issued. (3) No person may cause or permit the operation of a motor vehicle by a person under sixteen years of age.

(c) (1) [On or after January 1, 1997, a] A person who is sixteen or seventeen years of age and who has not had a motor vehicle operator's license or right to operate a motor vehicle in this state suspended or revoked may apply to the Commissioner of Motor Vehicles for a [learner's] youth instruction permit. The commissioner may issue a [learner's] youth instruction permit to an applicant after the applicant has passed a vision screening and test as to knowledge of the laws concerning motor vehicles and the rules of the road, has paid the fee required by subsection (v) of section 14-49, as amended by this act, and has filed a certificate, in such form as the commissioner prescribes, requesting or consenting to the issuance of the [learner's] youth instruction permit and the motor vehicle operator's license, signed by (A) one or both parents or foster parents of the applicant, as the commissioner requires, (B) the legal guardian of the applicant, (C) the applicant's spouse, if the spouse is eighteen years of age or older, or (D) if the applicant has no qualified spouse and such applicant's parent or foster parent or legal guardian is deceased, incapable, domiciled without the state or otherwise unavailable or unable to sign or file the certificate, the applicant's stepparent, grandparent, or uncle or aunt by blood or marriage, provided such person is eighteen years of age or older. The commissioner may, for the more efficient administration of the commissioner's duties, appoint any drivers' school licensed in accordance with the provisions of section 14-69 or any secondary school providing instruction in motor vehicle operation and highway safety in accordance with section 14-36e to issue a [learner's] youth instruction permit, subject to such standards and requirements as the commissioner may prescribe in regulations adopted in accordance with chapter 54. Each [learner's] youth instruction permit shall expire two years from the date of issuance, on the date the holder of the permit is issued a motor vehicle operator's license or on the date the holder attains the age of eighteen years, whichever is earlier. (2) The [learner's] youth instruction permit shall entitle the holder, while such holder has the permit in his or her immediate possession, to operate a motor vehicle on the public highways, provided such holder is under the instruction of, and accompanied by, a person who holds an instructor's license issued under the provisions of section 14-73 or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the instruction, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during the four-year period preceding the instruction. (3) Unless the holder of the permit is under the instruction of and accompanied by a person who holds an instructor's license issued under the provisions of section 14-73, no passenger in addition to the person providing instruction shall be transported unless such passenger is a parent or legal guardian of the holder of the permit. (4) The holder of a [learner's] youth instruction permit who (A) is an active member of a certified ambulance service, as defined in section 19a-175, (B) has commenced an emergency vehicle operator's course that conforms to the national standard curriculum developed by the United States Department of Transportation, and (C) has had state and national criminal history records checks conducted by the certified ambulance service or by the municipality in which such ambulance service is provided, shall be exempt from the provisions of subdivisions (2) and (3) of this subsection only when such holder is en route to or from the location of the ambulance for purposes of responding to an emergency call. (5) The commissioner may revoke any [learner's] youth instruction permit used in violation of the limitations imposed by subdivision (2) or (3) of this subsection.

(d) (1) No motor vehicle operator's license shall be issued to any applicant who is sixteen or seventeen years of age unless the applicant has held a [learner's] youth instruction permit and has satisfied the requirements specified in this subsection. The applicant shall (A) present to the Commissioner of Motor Vehicles a certificate of the successful completion (i) in a public secondary school, a state vocational school or a private secondary school of a full course of study in motor vehicle operation prepared as provided in section 14-36e, (ii) of training of similar nature provided by a licensed drivers' school approved by the commissioner, or (iii) of home training in accordance with subdivision (2) of this subsection, including, in each case, or by a combination of such types of training, successful completion of: Not [less than twenty clock hours of behind-the-wheel, on-the-road instruction for applicants to whom a learner's permit is issued before August 1, 2008; and not] less than forty clock hours of behind-the-wheel, on-the-road instruction for applicants to whom a [learner's] youth instruction permit is issued on or after August 1, 2008; (B) present to the commissioner a certificate of the successful completion of a course of not less than eight hours relative to safe driving practices, including a minimum of four hours on the nature and the medical, biological and physiological effects of alcohol and drugs and their impact on the operator of a motor vehicle, the dangers associated with the operation of a motor vehicle after the consumption of alcohol or drugs by the operator, the problems of alcohol and drug abuse and the penalties for alcohol and drug-related motor vehicle violations; and (C) pass an examination which may include a comprehensive test as to knowledge of the laws concerning motor vehicles and the rules of the road in addition to the test required under subsection (c) of this section and shall include an on-the-road skills test as prescribed by the commissioner. At the time of application and examination for a motor vehicle operator's license, an applicant sixteen or seventeen years of age shall have held a [learner's] youth instruction permit for not less than one hundred eighty days, except that an applicant who presents a certificate under subparagraph (A)(i) or subparagraph (A)(ii) of this subdivision shall have held a [learner's] youth instruction permit for not less than one hundred twenty days and an applicant who is undergoing training and instruction by the handicapped driver training unit in accordance with the provisions of section 14-11b shall have held such permit for the period of time required by said unit. The Commissioner of Motor Vehicles shall approve the content of the safe driving instruction at drivers' schools, high schools and other secondary schools. Subject to such standards and requirements as the commissioner may impose, the commissioner may authorize any drivers' school, licensed in good standing in accordance with the provisions of section 14-69, or secondary school driver education program authorized pursuant to the provisions of section 14-36e, to administer the comprehensive test as to knowledge of the laws concerning motor vehicles and the rules of the road, required pursuant to subparagraph (C) of this subdivision, as part of the safe driving practices course required pursuant to subparagraph (B) of this subdivision, and to certify to the commissioner, under oath, the results of each such test administered. Such hours of instruction required by this subdivision shall be included as part of or in addition to any existing instruction programs. Any fee charged for the course required under subparagraph (B) of this subdivision shall not exceed one hundred twenty-five dollars, unless the comprehensive test as to knowledge of the laws concerning motor vehicles and the rules of the road is also administered, in which case the fee shall not exceed one hundred fifty dollars. Any applicant sixteen or seventeen years of age who, while a resident of another state, completed the course required in subparagraph (A) of this subdivision, but did not complete the safe driving course required in subparagraph (B) of this subdivision, shall complete the safe driving course. The commissioner may waive any requirement in this subdivision, except for that in subparagraph (C) of this subdivision, in the case of an applicant sixteen or seventeen years of age who holds a valid motor vehicle operator's license issued by any other state, provided the commissioner is satisfied that the applicant has received training and instruction of a similar nature. (2) The commissioner may accept as evidence of sufficient training under subparagraph (A) of subdivision (1) of this subsection home training as evidenced by a written statement signed by the spouse of a married minor applicant, or by a parent, grandparent, foster parent or legal guardian of an applicant which states that the applicant has obtained a [learner's] youth instruction permit and has successfully completed a driving course taught by the person signing the statement, that the signer has had an operator's license for at least four years preceding the date of the statement, and that the signer has not had such license suspended by the commissioner for at least four years preceding the date of the statement or, if the applicant has no spouse, parent, grandparent, foster parent or guardian so qualified and available to give the instruction, a statement signed by the applicant's stepparent, brother, sister, uncle or aunt, by blood or marriage, provided the person signing the statement is qualified. (3) If the commissioner requires a written test of any applicant under this section, the test shall be given in English or Spanish at the option of the applicant, provided the commissioner shall require that the applicant shall have sufficient understanding of English for the interpretation of traffic control signs. (4) The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, to implement the purposes of this subsection concerning the requirements for behind-the-wheel, on-the-road instruction, the content of safe driving instruction at drivers' schools, high schools and other secondary schools, and the administration and certification of required testing.

Sec. 3. Section 14-36j of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(a) The Commissioner of Motor Vehicles shall amend the regulations adopted pursuant to sections 14-36f and 14-78 concerning the content of safe driving instruction courses offered at drivers' schools, high schools and other secondary schools to require the eight hours of instruction required by such regulations to include, for applicants to whom a learner's permit or youth instruction permit is issued, [on or after August 1, 2008,] two hours of instruction concerning the statutory provisions, including penalties, applicable to drivers who are less than eighteen years of age, the dangers of teenage driving, the cognitive development of adolescents, the responsibilities and liabilities of parents of teenage drivers, and related topics deemed by the commissioner to be appropriate.

(b) A parent or guardian of any such applicant to whom a learner's permit or youth instruction permit is issued on or after August 1, 2008, who is less than eighteen years of age, shall attend such two hours of instruction with such applicant. Before any such applicant is permitted to take the driver's test, such applicant shall provide an affidavit to the commissioner, signed under penalty of false statement, by an official of the driver's school, high school or other secondary school by which such course was conducted, that a parent or guardian attended the two hours of instruction required by subsection (a) of this section with such applicant.

Sec. 4. Subsections (b) and (c) of section 14-40a of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(b) A person who is sixteen years of age or older and who has not had such a license suspended or revoked may apply to the commissioner for a [training] motorcycle instruction permit. The commissioner may issue a [training] motorcycle instruction permit, containing such limitation as said commissioner deems advisable, to an applicant after the applicant has passed all parts of the examination, other than the driving skills test, for a motor vehicle operator's license with a motorcycle endorsement as required by subsection (c) of this section. The [training] motorcycle instruction permit shall entitle the applicant, while said applicant is in immediate possession of said permit, to drive a motorcycle on the public highways, other than multiple lane limited access highways, for a period of sixty days. A [training] motorcycle instruction permit may be renewed, or a new permit issued, for an additional period of sixty days. [On and after January 1, 1990, each] Each applicant issued a [training] motorcycle instruction permit shall, while operating a motorcycle, wear protective headgear of a type which conforms to the minimum specifications established by regulations adopted under subsection (b) of section 14-289g.

(c) Before granting a motorcycle endorsement to any applicant who has not held such an endorsement at any time within the preceding two years, the commissioner shall require the applicant to present evidence satisfactory to the commissioner that such applicant has successfully completed a novice motorcycle training course conducted by the Department of Transportation with federal funds available for the purpose of such course, or by any firm or organization that conducts such a course that uses the curriculum of the Motorcycle Safety Foundation or other safety or educational organization that has developed a curriculum approved by the commissioner. If such applicant has not obtained a [training] motorcycle instruction permit pursuant to subsection (b) of this section, the applicant shall also pass an examination, other than the driving skills test, demonstrating that the applicant is a proper person to operate a motorcycle, has sufficient knowledge of the mechanism of a motorcycle to ensure its safe operation by such applicant, and has satisfactory knowledge of the law concerning motorcycles and other motor vehicles and the rules of the road. When the commissioner is satisfied as to the ability and competency of the applicant, the commissioner may issue an endorsement to such applicant, either unlimited or containing such limitations as the commissioner deems advisable. If an applicant or motorcycle endorsement holder has any health problem which might affect such person's ability to operate a motorcycle safely, the commissioner may require the applicant or endorsement holder to demonstrate personally that, notwithstanding the problem, such person is a proper person to operate a motorcycle, and the commissioner may further require a certificate of the applicant's condition, signed by a medical authority designated by the commissioner, which certificate shall, in all cases, be treated as confidential by the commissioner. An endorsement, containing such limitation as the commissioner deems advisable may be issued or renewed in any case, but nothing in this section shall be construed to prevent the commissioner from refusing an endorsement, either limited or unlimited, to any person or suspending an endorsement of a person whom the commissioner deems incapable of safely operating a motorcycle.

Sec. 5. Subsection (b) of section 14-44i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(b) There shall be charged for each commercial driver's license knowledge test a fee of sixteen dollars. There shall be charged for each commercial driver's license skills test a fee of thirty dollars. There shall be charged for each commercial driver's [license learner's] instruction permit a fee of ten dollars.

Sec. 6. Subsection (v) of section 14-49 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(v) There shall be charged for each motor vehicle [learner's] adult or youth instruction permit or renewal thereof a fee of nineteen dollars. There shall be charged for each motorcycle [training] instruction permit or renewal thereof a fee of sixteen dollars.

Sec. 7. Subdivision (2) of subsection (b) of section 14-111 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(2) Notwithstanding the provisions of section 14-111b, whenever the holder of any motor vehicle operator's license or [learner's] youth instruction permit who is less than eighteen years of age or whenever a person who does not hold an operator's license who is less than eighteen years of age has been convicted or has forfeited any bond taken or has received a suspended judgment or sentence for any of the following violations, the commissioner shall suspend such person's operator's license or privilege to obtain an operator's license as follows: For a first violation of subdivision (4) of subsection (a) of section 14-219 or subdivision (4) of subsection (b) of section 14-219, for a period of sixty days and, for a second violation thereof, for a period of ninety days and, for a third or subsequent violation thereof, for a period of six months; for a first violation of subsection (a) of section 14-222, for a period of six months and, for a subsequent violation thereof, for a period of one year; for a violation of subsection (c) of section 14-224, for a period of six months and, for a subsequent violation thereof, for a period of one year; for a first violation of section 14-296aa, for a period of thirty days and, for a second violation thereof, for a period of ninety days and, for a third or subsequent violation thereof, for a period of six months.

Sec. 8. Section 14-214 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

Any licensed operator, being twenty years of age or older and having had an operator's license to operate a motor vehicle of the same class as the motor vehicle being operated for at least four years preceding the date of such instruction, may instruct a person sixteen or seventeen years of age who holds a [learner's] youth instruction permit issued in accordance with subsection (c) of section 14-36, as amended by this act, or a person who is eighteen years of age or older who holds an adult instruction permit, in the operation of a motor vehicle. Any person so instructing another in the use of any motor vehicle shall be responsible for the operation thereof. Violation of any provision of this section shall be an infraction.

Sec. 9. Subsection (b) of section 14-41 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(b) An original operator's license shall expire within a period not exceeding six years following the date of the operator's next birthday. The fee for such [original] license shall be [computed at the rate of forty-eight dollars for a four-year license,] seventy-two dollars [for a six-year license] and twelve dollars per year or any part of a year. The commissioner may authorize an automobile club or association, licensed in accordance with the provisions of section 14-67 on or before July 1, 2007, to issue duplicate licenses and identity cards pursuant to section 14-50a, renew licenses, renew identity cards issued pursuant to section 1-1h and conduct registration transactions at its office facilities. The commissioner may authorize such automobile clubs or associations to charge a convenience fee, which shall not exceed two dollars, to each applicant for a license or identity card renewal or duplication, or for a registration transaction.

This act shall take effect as follows and shall amend the following sections:
Section 1	January 1, 2013	14-10(a)
Sec. 2	January 1, 2013	14-36(b) to (d)
Sec. 3	January 1, 2013	14-36j
Sec. 4	January 1, 2013	14-40a(b) and (c)
Sec. 5	July 1, 2012	14-44i(b)
Sec. 6	January 1, 2013	14-49(v)
Sec. 7	January 1, 2013	14-111(b)(2)
Sec. 8	January 1, 2013	14-214
Sec. 9	January 1, 2013	14-41(b)

Statement of Purpose:

To amend certain motor vehicle statutes to replace the term "learner's permit" with "instruction permit", to establish an adult instruction permit and to remove the fee for four-year licenses, which the department no longer issues.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]