HB 5324 — AN ACT ESTABLISHING SECONDARY TRAFFIC VIOLATIONS.

(59) "Motor vehicle" means any vehicle propelled or drawn by any nonmuscular power, except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated wheel chairs when operated by persons with physical disabilities at speeds not exceeding fifteen miles per hour, golf carts operated on highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, motor-driven cycles, as defined in section 14-286, special mobile equipment, as defined in section 14-165, mini-motorcycles, as defined in section 14-289j, electric bicycles, electric foot scooters and any other vehiclesHB5324 not/ suitableFile forNo. operation on a highway;

LCO447 10 ofsHB5324 30File Substitute Bill No.

5324447 (60)vehicle "Motorcycle" means (A) an autocycle, as defined in this section, or (B) a motor vehicle, with or without a side car, that has (i) not moresuitable thanfor threeoperation wheelson in contact with the ground, (ii) a saddlehighway; or seat which the rider straddles or a platform on which the rider stands, and (iii) handlebars with which the rider controls the movement of the vehicle.

(60) "Motorcycle" means (A) an autocycle, as defined in this section, or (B) a motor vehicle, with or without a side car, that has (i) not more than three wheels in contact with the ground, (ii) a saddle or seat which the rider straddles or a platform on which the rider stands, and (iii) handlebars with which the rider controls the movement of the vehicle.

(67) "Officer" includes any constable, state marshal, inspector of motor vehicles, state policeman or other official authorized to make arrests or to serve process, provided the officer is in uniform or displays the officer's badge of office in a conspicuous place when making an arrest;sHB5324 / File No.

LCO447 11 ofsHB5324 30File Substitute Bill No.

5324447 (68)arrest; "Operator" means any person who operates a motor vehicle or who steers or directs the course of a motor vehicle being towed by another motor vehicle and includes a driver;

(68) "Operator" means any person who operates a motor vehicle or who steers or directs the course of a motor vehicle being towed by another motor vehicle and includes a driver;

(74) "Passenger registration" means the type of registration issued to a passenger motor vehicle unless a more specific type of registration is authorizedsHB5324 and/ issuedFile byNo. the commissioner for such class of vehicle;

LCO447 12 ofsHB5324 30File Substitute Bill No.

5324447 (75)authorized "Person"and includesissued anyby individual,the corporation,commissioner limitedfor liabilitysuch company,class association, copartnership, company, firm, business trust or other aggregation of individualsvehicle; but does not include the state or any political subdivision thereof, unless the context clearly states or requires;

(75) "Person" includes any individual, corporation, limited liability company, association, copartnership, company, firm, business trust or other aggregation of individuals but does not include the state or any political subdivision thereof, unless the context clearly states or requires;

(83) "Resident", for the purpose of registering motor vehicles, includes any person who is a legal resident of this state, as the commissionersHB5324 may/ presumeFile from the fact that such person occupies a place of dwelling in this state for more than six months in a year, or any LCO 13 of 30 Substitute Bill No.

5324447 person,13 firmsHB5324 orFile corporationNo. owning or leasing a motor vehicle used or operated in intrastate business in this state, or a firm or corporation having its principal office or place of business in this state;

447 commissioner may presume from the fact that such person occupies a place of dwelling in this state for more than six months in a year, or any person, firm or corporation owning or leasing a motor vehicle used or operated in intrastate business in this state, or a firm or corporation having its principal office or place of business in this state;

(E) using a hand-held mobile telephone or other electronic device or typing, reading or sending text or a text messagesHB5324 with/ orFile from a mobile telephone or mobile electronic device in violation of subsection (e) of section 14-296aa while operating a LCO 14 of 30 Substitute Bill No.

5324447 commercial14 motorsHB5324 vehicle;File No.

447 message with or from a mobile telephone or mobile electronic device in violation of subsection (e) of section 14-296aa while operating a commercial motor vehicle;

[(93)] (94) "State" means any state of the United States and the District of Columbia unless the context indicates a more specific reference to the statesHB5324 of/ Connecticut;File No.

LCO447 15 ofsHB5324 30File Substitute Bill No.

5324447 [(94)]state (95) "Stop" means complete cessation of movement;Connecticut;

[(94)] (95) "Stop" means complete cessation of movement;

[(102)] (103) "Ultimate consumer" means, with respect to a motor vehicle,thefirstperson,otherthanadealer,whoingoodfaithvehicle,thefirstperson,otherthana purchasesdealer,whoingoodfaithpurchases the motor vehicle for purposes other than resale;

[(104)]sHB5324 (105)/ "UsedFile motor vehicle" includes any motor vehicle which LCO 16 of 30 Substitute Bill No.

5324447 has16 beensHB5324 previouslyFile separatelyNo. registered by an ultimate consumer;

447 [(104)] (105) "Used motor vehicle" includes any motor vehicle which has been previously separately registered by an ultimate consumer;

[(109)] (110) "Wrecker" means a vehicle which is registered, designed, equipped and used for the purposes of towing or transporting wrecked or disabled motor vehicles for compensation or for related purposes by asHB5324 person,/ firmFile or corporation licensed in accordance with the provisions LCO 17 of 30 Substitute Bill No.

5324447 of17 subpartsHB5324 (D)File ofNo. part III of this chapter or a vehicle contracted for the consensual towing or transporting of one or more motor vehicles to or from a place of sale, purchase, salvage or repair.

447 a person, firm or corporation licensed in accordance with the provisions of subpart (D) of part III of this chapter or a vehicle contracted for the consensual towing or transporting of one or more motor vehicles to or from a place of sale, purchase, salvage or repair.

Subdivision (1) of section 14-212 of the general statutes is repealedrepealedandthefollowing andthefollowing issubstituted inlieuthereof(EffectiveOctober 1, 2024):

If such person fails to report to such police department and is cited for a LCOsHB5324 18/ ofFile 30 Substitute Bill No.

5324447 subsequent18 violationsHB5324 ofFile thisNo. section, [his] such person's vehicle shall be impounded after notice and opportunity for hearing.

447 subsequent violation of this section, [his] such person's vehicle shall be impounded after notice and opportunity for hearing.

Such sticker may contain the corresponding letters and numbers of the LCOnumber 19plate ofissued 30by Substitutethe Billcommissioner. No.

5324sHB5324 number/ plateFile issuedNo. by the commissioner.

(b)447 Repealed19 bysHB5324 1969,File P.A.No.

447 (b) Repealed by 1969, P.A.

providedany motor vehiclemay,uponpermissionofthecommissioner, display more than one number plate in front or rear, subject to such conditionsasthecommissionerprescribes.Ifanynumberplatesupplied by thecommissioner islost,or iftheregisterednumber thereonbecomesthereon becomes mutilated or illegible, the owner of or the person in control of the motor vehicle for which such number plate was furnished shall immediately place a temporary number plate bearing said registration number upon such motor vehicle, which temporary number plate shall conform to the regular number plate and shall be displayed as nearly as possible as [herein]providedinthissectionforsuchregularnumberplate;andsuch owner shall, within forty-eight hours after such loss or mutilation of the number plate, give notice thereof to the commissioner and apply for a new number plate.

LCO(a) 20Every ofvehicle 30upon Substitutea Billhighway within this state shall display such sHB5324 / File No.

5324447 (a)20 EverysHB5324 vehicleFile uponNo. a highway within this state shall display such lighted lamps and illuminating devices as may be required under the provisions of this section and sections [14-96a] 14-96b to 14-96aa, inclusive, (1) at any time from a half-hour after sunset to a half-hour before sunrise, (2) at any time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead, and (3) at any time during periods of precipitation, including, but not limited to, periods of snow, rain or fog.

447 lighted lamps and illuminating devices as may be required under the provisions of this section and sections [14-96a] 14-96b to 14-96aa, inclusive, (1) at any time from a half-hour after sunset to a half-hour before sunrise, (2) at any time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of five hundred feet ahead, and (3) at any time during periods of precipitation, including, but not limited to, periods of snow, rain or fog.

LCO(a) 21After ofOctober 301, Substitute1967, Billevery motor vehicle, trailer, semitrailer and sHB5324 / File No.

5324447 (a)21 AftersHB5324 OctoberFile 1,No. 1967, every motor vehicle, trailer, semitrailer and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted as required in subsection (a) of section 14-96a, as amended by this act, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to October 1, 1957, and motorcycles shall have at least one such tail lamp.

447 pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted as required in subsection (a) of section 14-96a, as amended by this act, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to October 1, 1957, and motorcycles shall have at least one such tail lamp.

Each motorcycle LCOshall 22carry ofat 30least Substituteone Billsuch No.reflector.

5324sHB5324 shall/ carryFile atNo. least one such reflector.

(b)447 Each22 suchsHB5324 reflectorFile shallNo. be mounted on the vehicle at a height of not less than fifteen inches nor more than sixty inches, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet to one hundred feet from such vehicle when directly in front of upper beams of head lamps.

447 (b) Each such reflector shall be mounted on the vehicle at a height of not less than fifteen inches nor more than sixty inches, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet to one hundred feet from such vehicle when directly in front of upper beams of head lamps.

Section 14-99f of the general statutes is repealed and the LCOfollowing 23is ofsubstituted 30in Substitutelieu Billthereof No.(Effective October 1, 2024):

5324(a) followingEach ismotor substitutedvehicle inshall lieube thereofequipped (Effectivewith Octobera 1,windshield 2024):of a type sHB5324 / File No.

(a)447 Each23 motorsHB5324 vehicleFile shallNo. be equipped with a windshield of a type prescribed by section 14-100 and a windshield cleaner or wiper in effective working order located directly in front of the operator while in use on the highway.

447 prescribed by section 14-100 and a windshield cleaner or wiper in effective working order located directly in front of the operator while in use on the highway.

Except as otherwise provided in this subsection, (1) a LCOperson 24commits an infraction if such person (A) registers a motor vehicle [he or she] such person does not own, or (B) operates, allows the operation of, parks or allows the parking of 30an Substituteunregistered Billmotor sHB5324 / File No.

5324447 person24 commitssHB5324 anFile infractionNo. if such person (A) registers a motor vehicle [he or she] such person does not own, or (B) operates, allows the operation of, parks or allows the parking of an unregistered motor vehicle on any highway, or (2) a resident of this state who operates or parks a motor vehicle such resident owns with number plates issued by another state on any highway shall be fined two hundred fifty dollars, except that the fine shall be suspended for a first time violator who presents proof of registration for the motor vehicle subsequent to the violation but prior to the imposition of a fine.

447 vehicle on any highway, or (2) a resident of this state who operates or parks a motor vehicle such resident owns with number plates issued by another state on any highway shall be fined two hundred fifty dollars, except that the fine shall be suspended for a first time violator who presents proof of registration for the motor vehicle subsequent to the violation but prior to the imposition of a fine.

Any previously LCOlicensed 25operator who operates a motor vehicle within sixty days after the expiration date of 30the Substituteoperator's Billlicense without obtaining a renewal of the license shall be fined in accordance with the amount designated sHB5324 / File No.

5324447 licensed25 operatorsHB5324 whoFile operatesNo. a motor vehicle within sixty days after the expiration date of the operator's license without obtaining a renewal of the license shall be fined in accordance with the amount designated for the infraction of failure to renew a motor vehicle operator's license.

447 for the infraction of failure to renew a motor vehicle operator's license.

LCOEach 26[operator ofof] 30person Substitutewho Billoperates No.a motor vehicle shall carry [his] such person's operator's license while operating such vehicle.

5324sHB5324 Each/ [operatorFile of]No. person who operates a motor vehicle shall carry [his] such person's operator's license while operating such vehicle.

Failure447 to26 carrysHB5324 suchFile operator'sNo. license as required by the provisions of this section shall be an infraction and a secondary violation.

447 Failure to carry such operator's license as required by the provisions of this section shall be an infraction and a secondary violation.

(b) No additional charge shall be made for the issuance of such new or replacement fully reflectorized plates, except for the safety fee LCOprovided 27for ofin 30subsection Substitute(w) Billof No.section 14-49.

5324sHB5324 provided/ forFile inNo. subsection (w) of section 14-49.

(c)447 The27 ownersHB5324 orFile lesseeNo. of each registered motor vehicle who is issued two fully reflectorized safety number plates by the commissioner shall display such plates on such motor vehicle as provided in section 14-18, as amended by this act.

447 (c) The owner or lessee of each registered motor vehicle who is issued two fully reflectorized safety number plates by the commissioner shall display such plates on such motor vehicle as provided in section 14-18, as amended by this act.

When operating at below the posted speed limits and when so approached or overtaken, the operator of such motor vehicle shalldrive to theextreme right ofthetraveledway aspromptly as safety will permit, giving the vehicle approaching from the rear opportunity LCOto 28pass. of 30 Substitute Bill No.

5324sHB5324 to/ pass.File No.

(c)447 Violation28 ofsHB5324 anyFile provisionNo. of this section shall be an infraction.

447 (c) Violation of any provision of this section shall be an infraction.

13 October 1, 2024 14-45 LCOSec. 29 of 30 Substitute Bill No.

5324 Sec.

16 October 1, 2024 14-21b Sec.sHB5324 / File No.

447 29 sHB5324 File No.

447 Sec.

-LCO LCOsHB5324 30/ ofFile 30No.

447 30 sHB5324 File No.

447 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 25 $ FY 26 $ State Resources Various - See Below See Below Potential Revenue Loss Note:

Various=Various Municipal Impact:

Municipalities Effect FY 25 $ FY 26 $ Various Municipalities Potential See Below See Below Revenue Loss Explanation The bill designates certain motor vehicle infractions as "secondary violations" and prohibits law enforcement officers from stopping a motor vehicle only to enforce one of these infractions, resulting in a potential revenue loss to the state and various municipalities beginning in FY 25, to the extent that there are less infractions resulting from vehicles stopped solely for such infractions.

1 The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the actual number of infractions.

1In FY 23, approximately $2 million was collected in fines related to infractions that would now be considered secondary violations.

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447 OLR Bill Analysis sHB 5324 AN ACT ESTABLISHING SECONDARY TRAFFIC VIOLATIONS.

SUMMARY This bill designates certain equipment-related and administrative motor vehicle violations as secondary violations, prohibiting law enforcement officers from stopping a motor vehicle only to enforce one of these violations.

The violations deemed secondary are generally designated as infractions (see BACKGROUND) and include, among others, (1) window tint violations, (2) failure to have two working headlights, (3) failure to illuminate the rear license plate, (4) failure to renew a registration or driver’s license, and (5) failure to carry a driver’s license when driving.

The bill specifies that it does not prohibit enforcement of secondary violations (1) in the case of a vehicle stopped for a violation that is not a secondary violation (i.e., a primary violation), (2) by automated enforcement, and (3) by mailing a violation notice.

Existing law already makes some violations secondary violations (although it does not use that term), including (1) the failure of a backseat passenger age 16 or older to wear a seat belt (CGS § 14- 100a(c)(4)) and (2) smoking, inhaling, or ingesting cannabis while driving or as a passenger (CGS §§ 53a-213a & -213b).

The billalso modifiestheviolationfor obscuring license plates,which is a primary violation.

Current law requires that license plates be entirely unobscured and prohibits placing anything on a vehicle or licenseplatesthatobscuresanyinformationontheplate.Thebillinstead requires that plates be substantially unobscured and prohibits placing anything that obscures the plate’s numbers and letters.

sHB5324 / File No.

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447 Lastly, the bill makes technical and conforming changes.

EFFECTIVE DATE:

October 1, 2024 §§ 4-9, 10 & 17-19 — EQUIPMENT VIOLATIONS Tinted Window Violations (§ 4) Existing law generally prohibits (1) driving a vehicle with objects or materials placed, installed, or applied on the vehicle in a way that obstructs the driver’s clear and full view of the road out of the windshield and side and rear windows and (2) putting transparent material on these windows if it alters the color or reduces the light transmittance.

But it makes many exceptions to these prohibitions, including allowing tinting of side windows that complies with the law’s standards on light transmission and luminous reflectance.

It also prohibits anyone from selling, offering, or delivering in the state a vehicle with windows that do not comply with these standards.

Bylaw,anymotorvehiclewithawindowthat wastintedafterfactory delivery must have a Department of Motor Vehicles (DMV)-issued sticker indicating that the material used complies with the law’s standards.

Manufacturers must apply to DMV for approval before shipping material to the state and deliver the approved stickers with the material.

The sticker’s presence on a motor vehicle indicates that the window complies with the law, and vehicles with tinted windows operating without a compliance sticker are in violation of the law.

Violations of these provisions are infractions under existing law.

The bill additionally makes them secondary violations.

Display of License Plates (§§ 5 & 16) By law, vehicles issued two license plates must display them in a visible place on the vehicle’s front and rear.

The bill makes displaying a license plate against a vehicle’s rear window a secondary violation, as long as the numbers and letters are plainly legible.

Lights and Reflectors (§§ 6-9) The bill makes the following light- and reflector- related infractions sHB5324 / File No.

447 33 sHB5324 File No.

447 secondary violations:

1.

failure to illuminate the rear license plate with a white light that makes it clearly legible from 50 feet away, 2.

having only one red reflector on the vehicle’s rear when two are required (but having no reflectors remains a primary violation), and 3.

havingonlyoneworkingheadlightotherwiseincompliance with the law when two are required (but having no working headlights remains a primary violation).

The bill also requires violations of laws on the number, placement, and intensity of lights or other technical specifications included in the motor vehicle equipment laws that would also constitute a violation of the statute on use of lights while driving (CGS § 14-96a) to be enforced under the equipment statutes and not under CGS § 14-96a.

Obstructed Windshield (§ 10) Existing lawprohibits attaching, placing,or hanging adevice, sticker, or ornament on or in a vehicle in a way or location so that it obstructs the driver’s view of the road or distracts the driver.

The bill makes violations of this prohibition a secondary violation, as long as the obstruction is not substantial.

Horn (§ 17) Under existing law, when operating on a public road, every motor vehicle must have a horn in good working order that can make a sound that can be heard under normal conditions from at least 200 feet away.

The law prohibits the horn or other warning devices from making an unreasonably loud or harsh sound or a whistle.

The bill makes violations of these provisions secondary violations.

Mirrors (§§ 18 & 19) Existing law requires motor vehicles and other vehicles (e.g., bicycles and motor scooters) to have a mirror attached, located, and adjusted in sHB5324 / File No.

447 34 sHB5324 File No.

447 a way that gives the operator a clear view of the highway directly to the vehicle’s rear or on a line parallel to the vehicle’s body.

It also requires operators of vehicles that are not motor vehicles to watch for vehicles approaching to their rear and drive to the right as promptly as safety permits, in order to allow the oncoming vehicle to pass safely.

The bill makes these infractions secondary violations.

§§ 11-15 — ADMINISTRATIVE VIOLATIONS Failure to Renew Registration (§ 11) Existing law generally requires a person to register a vehicle with DMV before it may be driven, towed, or parked on any public road.

Violations are generally infractions, but the commissioner is authorized to suspend a person’s driver’s license for failing to renew a registration (CGS § 14-12g(c)).

Current law has a grace period of 30 days after a previously registered vehicle’s registration expires during which a violation is considered “failure to renew” and subject only to an infraction penalty and not license suspension.

The bill extends this grace period from 30 to daysafter theexpirationdate andmakesfailure to renewasecondary violation.

Failure to Renew Driver’s License (§§ 12 & 15) Existing law similarly has a grace period of 60 days after a driver’s license expires during which previously licensed drivers are fined for failure to renew a driver’s license rather than driving without a license (CGS § 14-36).

It also makes driving without getting reinstated within the first 60 days after a person’s license suspension expires subject to the penalty for failure to renew.

The bill makes these violations secondary violations.

Failure to Change Address (§ 13) The law requires driver’s license and identity card holders to update DMV within 48 hours of any change of address.

The bill makes failing to do so a secondary violation.

sHB5324 / File No.

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447 Failure to Carry Driver’s License (§ 14) By law, a person must carry his or her driver’s license when driving.

Driving without it is an infraction.

The bill also makes it a secondary violation.

BACKGROUND Infractions Infractions are punishable by fines, usually set by Superior Court judges, of between $35 and $90, plus a $20 or $35 surcharge and an additional fee based on the fine’s amount.

There may also be other applicable charges depending on the type of infraction.

For example, certain motor vehicle infractions trigger a Special Transportation Fund surcharge of 50% of the fine.

An infraction is not a crime and violators can generally pay the fine by mail without making a court appearance.

COMMITTEE ACTION Judiciary Committee Joint Favorable Yea 24 Nay 13 (03/26/2024) sHB5324 / File No.

447 36