SB 628 — AN ACT CONCERNING THE NONEMERGENCY TRANSPORTATION OF ELDERLY PERSONS AND PERSONS WITH DISABILITIES CONFINED TO A STRETCHER.

General Assembly ProposedCommittee Bill No.

27093852 Referred to Committee on TRANSPORTATION Introduced by:

SEN.(TRA) AN ACT CONCERNING THE NONEMERGENCY TRANSPORTATION OF ELDERLY PERSONS AND PERSONS WITH DISABILITIES CONFINED TO A STRETCHER.

OSTEN, 19th Dist.

AN ACT CONCERNING THE NONEMERGENCY TRANSPORTATION OF ELDERLY PERSONS AND PERSONS WITH DISABILITIES CONFINED TO A STRETCHER.

ThatSection sections1. 13b-105 and 14-100a of the general statutes be amended to allow a temporary or permanent livery permit holder to use a stretcher van to transport a person who is elderly or a person with disabilities and who requires nonemergency transportation on a stretcher.

StatementSection 13b-105 of Purpose:the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2023):

ToThe provideDepartment elderlyof Transportation may, with or without hearing, issue temporary and permanent livery permits to applicants for the express purpose of providing reasonable livery service to persons who are elderly and persons with disabilities anon opportunityregular toor travelirregular inroutes awhere stretcherthe vandepartment insteadfinds no existing service or that the existing service is not adequate to properly serve the special needs of anpersons ambulance.who are elderly and persons with disabilities.

Temporary authority shall not extend over a period of more than sixty days.

In determining the special needs of persons who are elderly and persons with disabilities,the department may take into consideration the convenience and the physical and mental frailties of, and the care, safety and protection necessary for the best interest of, persons who are elderly, persons with disabilities and the general public.

No applicant LCO No.

3852 1 of 8 Committee Bill No.628 shallbeissueda temporaryor permanent permit unless suchapplicant's motor vehicle meets the requirements of subsection (e) of section 14- 100a, asamendedby thisact, [.Applicantswho wereissuedatemporary or permanent permit prior to October 1, 2007, shall comply with the requirements of subsection (e) of section 14-100a not later than October 1, 2007] or such applicant's stretcher van meets the requirements of subsection (f) of section 14-100a, as amended by this act.

A temporary or permanent livery permit holder may use a stretcher van to transport a person who is elderly or a person with disabilities who requires nonemergency transportation on a stretcher but who does not require medical services during transport, in accordance with subsection (f) of section 14-100a, as amended by this act, provided (1) such person obtains and provides to the operator of the stretcher van, prior to such transport, a written statement from such person's primary care provider, as defined in section 19a-7o, that such person may be transported in a stretcher van, and (2) the operator of the stretcher van has received training in the lifting, moving and transport of a person on a stretcher that is equivalent to the training provided to emergency medical services personnel, as defined in section 19a-180b.

For the purposes of this section, "stretcher van" means a van designed and equipped to provide the nonemergency transportation of persons on a stretcher.

Sec.

2.

Section 14-100a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2023):

(a) No new passenger motor vehicle may be sold or registered in this state unless equipped with at least two sets of seat safety belts for the front and rear seats of the motor vehicle, which belts comply with the requirements of subsection (b) of this section.

The anchorage unit at the attachment point shall be of such construction, design and strength as to support a loop load strength of not less than four thousand pounds for each belt.

(b) No seat safety belt may be sold for use in connection with the LCO No.

3852 2 of 8 Committee Bill No.628 operation of a motor vehicle on any highway of this state unless it is so constructed and installed as to have a loop strength through the complete attachment of not less than four thousand pounds, and the buckle or closing device shall be of such construction and design that after it has received the aforesaid loop belt load it can be released with one hand with a pull of less than forty-five pounds.

(c) (1) The operator of and any passenger in any motor vehicle or fire fighting apparatus originally equipped with seat safety belts complying with the provisions of 49 CFR 571.209, as amended from time to time, shall wear such seat safety belt while the vehicle or fire fighting apparatus is being operated on any highway, except as follows:

(A) A child under eight years of age shall be restrained as provided in subsection (d) of this section;

and (B) The operator of such vehicle shall secure or cause to be secured in a seat safety belt any passenger eight years of age or older and under sixteen years of age.

(2) The provisions of subdivision (1) of this subsection shall not apply to:

(A) Any person whose physical disability or impairment would prevent restraint in such safety belt, provided such person obtains a written statement from a licensed physician, a licensed physician assistant or a licensed advanced practice registered nurse containing reasonsforsuchperson'sinabilitytowearsuchsafetybeltandincluding information concerning the nature and extent of such condition.

Such person shall carry the statement on his or her person or in the motor vehicle at all times when it is being operated, (B) an authorized emergency vehicle, other than fire fighting apparatus, responding to an emergency call or a motor vehicle operated by a rural letter carrier of the United States postal service while performing his or her official duties or by a person engaged in the delivery of newspapers, or (C) any passenger on a bus, as defined in 49 USC 30127, as amended from time to time.

27093852 13 of 18 Committee Bill No.628 (3) Failure to wear a seat safety belt shall not be considered as contributory negligence nor shall such failure be admissible evidence in any civil action.

(4) No law enforcement official may stop a motor vehicle solely for the apparent or actual failure of a back seat passenger who is sixteen years of age or older to wear a seat safety belt.

(5) Any operator of a motor vehicle, who is eighteen years of age or older, and any passenger in such motor vehicle, who violates any provisionofthissubsectionshallhavecommittedaninfractionandshall be fined fifty dollars.

Any operator of a motor vehicle who is under eighteen years of age and any passenger in such motor vehicle who violates any provision of this subsection shall have committed an infraction and shall be fined seventy-five dollars.

Points may not be assessed against the operator's license of any person convicted of such violation.

(d) (1) (A) Any person who transports a child under two years of age or weighing less than thirty pounds in a motor vehicle on the highways of this state shall provide and require the child to ride rear-facing in a child restraint system equipped with a five-point harness approved pursuant to regulations that the Department of Motor Vehicles shall adopt in accordance with the provisions of chapter 54.

(B) Any person who transports a child under five years of age, but not under two years of age, or weighing less than forty pounds, but not less than thirty pounds, in a motor vehicle on the highways of this state shall provide and require the child to ride rear-facing or forward-facing in a child restraint system equipped with a five-point harness approved pursuant to such regulations.

(C) Any person who transports a child under eight years of age, but not under five years of age, or weighing less than sixty pounds, but not less than forty pounds, in a motor vehicle on the highways of this state shall provide and require the child to ride rear-facing or forward-facing LCO No.

3852 4 of 8 Committee Bill No.

628 in a child restraint system equipped with a five-point harness or a booster seat secured by a seat safety belt approved pursuant to such regulations.

(D) No person shall transport a child in a motor vehicle on the highways of this state in a rear-facing child restraint system in the front seat of any motor vehicle that is equipped with a functional air bag on the passenger side of such motor vehicle.

(2) Any person who transports a child eight years of age or older and weighing sixty or more pounds in a motor vehicle on the highways of this state shall either provide and require the child to use an approved childrestraintsystemorrequirethechildtouseaseatsafetybelt.Failure to use a child restraint system shall not be considered as contributory negligence nor shall such failure be admissible evidence in any civil action.

As used in this subsection, "motor vehicle" does not mean a bus having a tonnage rating of one ton or more.