State Codes and Statutes
Statutes > Connecticut > Title14 > Chap246 > Sec14-163cSec. 14-163c. Motor carrier safety regulations for intrastate or interstate commerce. Variations or exemptions. Enforcement powers of police officers and motor vehicle inspectors. (a) The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, which incorporate by reference the standards set forth in 49 CFR 382 to 397, inclusive, as amended. Such regulations, adopted by reference to the provisions of 49 CFR 382 to 397, inclusive, as amended, may be made applicable to any motor vehicle or motor carrier, as defined in 49 CFR 390, which (1) is in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating of eighteen thousand one or more pounds; or (2) is in interstate commerce and has a gross vehicle weight rating or gross combination weight rating of ten thousand one or more pounds; or (3) is designed to transport more than fifteen passengers, including the driver; or (4) is used in the transportation of hazardous materials in a quantity requiring placarding under the Hazardous Materials Transportation Act, 49 USC App. 1801 to 1813, inclusive, unless exempted under the provisions of the code or the provisions of subsection (b) of this section.
(b) The provisions relative to maximum driving and on-duty time as set forth in 49 CFR 395.3, and as adopted by reference in regulations adopted pursuant to subsection (a) of this section, shall not apply to any public service company vehicle with a commercial registration when such vehicle is used to transport passengers or property to or from any portion of the state for the purpose of relief or assistance in case of major loss of utility service or to any motor carrier or driver operating a vehicle with a commercial registration when such vehicle is used to provide emergency relief during an emergency in accordance with the provisions of 49 CFR 390.23. For the purposes of this subsection, (1) "emergency" means any hurricane, tornado, storm including a thunderstorm, snowstorm, ice storm, blizzard or sandstorm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other occurrence, natural or man-made, which interrupts the delivery of essential services including electricity, medical care, sewer, water, telecommunications and telecommunication transmissions or essential supplies including food and fuel or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado or other event results in: (A) A declaration of an emergency by the President of the United States, the Governor, or their authorized representatives having authority to declare emergencies, by the regional director of motor carriers for the region in which the occurrence happens or by other federal, state or local government officials having authority to declare emergencies, or (B) a request by a police officer for tow trucks to move wrecked or disabled motor vehicles, (2) "emergency relief" means an operation in which a motor carrier or driver of a commercial motor vehicle is providing direct assistance to supplement state and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency, emergency, and (3) "major loss of utility service" means any unplanned outage or interruption, or the imminent risk of outage or interruption, of electric, gas or telephone service, or of service to electric transmission or distribution lines, gas distribution or transmission facilities, electric generation facilities, or other related facilities, or any circumstance related to utility service under which the public safety is at risk, including, but not limited to, any situation where police, fire or other public safety personnel have requested a response by an electric, gas or telephone company to an accident or other situation that presents a hazard to the public. A major loss of utility service begins when the public service company receives notice of the outage, interruption or hazard, or receives notice of the existence of conditions reasonably likely to result in outages, interruptions or hazards, and continues until any necessary maintenance or repair is completed and personnel utilized to perform such necessary maintenance or repair have returned to their regular work routines.
(c) The Commissioner of Motor Vehicles may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of 49 CFR 382 to 397, inclusive, as amended, when strict compliance with such provisions would entail practical difficulty or unnecessary hardship or would be otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the commissioner, secure the public safety.
(d) Any state or municipal police officer or motor vehicle inspector may (1) inspect any motor vehicle specified in subsection (a) of this section in operation and examine its operator to determine compliance with the provisions of 49 CFR 382 to 397, inclusive, as amended, (2) enter upon the premises of any motor carrier, as defined in 49 CFR 390.5, as amended, for the purpose of inspecting records maintained by such carrier, (3) conduct a safety rating procedure, in accordance with the provisions of 49 CFR 385, as amended, for any motor carrier that owns or operates any motor vehicle identified in subsection (a) of this section and, subject to notice and opportunity for hearing in accordance with the provisions of chapter 54, order any motor carrier with an unsatisfactory safety rating to cease operations until such time as it achieves a satisfactory rating, (4) declare a motor vehicle or its operator out of service as provided in 49 CFR 395.13 and 396.9, as amended, or (5) issue an infractions complaint under the provisions of this section, provided such officer or inspector meets the standards established by the commissioner, in consultation with the Commissioner of Public Safety, in regulations adopted in accordance with the provisions of chapter 54.
(e) (1) Any person who violates the provisions of this section or any regulations adopted under this section shall, for a first violation, have committed an infraction. (2) The commissioner may impose a civil penalty on any person for a second or subsequent violation of the provisions of this section or any regulations adopted under this section if the acts or conduct on which the conviction is based arise out of the operation of a motor vehicle in intrastate commerce and would, if such acts or conduct had occurred with respect to operation of a motor vehicle in interstate commerce, have subjected such person to a civil penalty under the provisions of 49 CFR 382 to 397, inclusive, as amended. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to specify the amount of such civil penalty provided such amount shall not exceed the amount specified for the comparable violation under the applicable federal regulations, or ten thousand dollars, whichever is less. Any person notified of the assessment of a civil penalty under the provisions of this subsection shall be entitled to an opportunity for an administrative hearing in accordance with the provisions of chapter 54. If any person fails to comply with the terms of a final decision and order of the commissioner made pursuant to this subsection, the commissioner may suspend any motor vehicle registration issued to such person or such person's privilege to register any motor vehicle in this state until such person complies with the terms of such final decision and order.
(P.A. 94-189, S. 21; P.A. 95-81, S. 1, 2; P.A. 97-191, S. 1, 2; 97-236, S. 14, 27; P.A. 00-169, S. 7, 8; P.A. 02-70, S. 79; P.A. 04-199, S. 30; 04-217, S. 16; P.A. 06-130, S. 20.)
History: P.A. 95-81 amended Subsec. (a) to include reference to Part 382 of the Code of Federal Regulations and inserted new provisions as Subsec. (d) re powers of state or municipal police officers and motor vehicle inspectors to enforce motor carrier safety regulations, relettering the remaining subsection as Subsec. (e), effective July 1, 1995; P.A. 97-191 amended Subsec. (b) to delete reference to "a disaster or other state of emergency declared by the Governor" and definition of "disaster", to exempt motor carriers or drivers operating vehicles with commercial registration when used to provide emergency relief during an emergency and to add definitions of "emergency" and "emergency relief", effective July 1, 1997; P.A. 97-236 amended Subsecs. (c) and (d) to include reference to Part 382 of Title 49 of the Code of Federal Regulations and inserted in Subsec. (d) provision expanding powers of state or municipal police officers and motor vehicle inspectors to examine operators of commercial motor vehicles, effective July 1, 1997; P.A. 00-169 amended Subsec. (a) to make provisions applicable to motor carriers and added new Subsec. (d)(3) re provision allowing for safety rating procedures to be conducted for certain motor carriers, renumbering Subdivs. (3) and (4) as Subdivs. (4) and (5), respectively; P.A. 02-70 amended Subsec. (e) by designating existing provisions as Subdiv. (1) and amending said Subdiv. by making a technical change and providing that penalty of infraction is applicable for a first violation and added Subdiv. (2) to allow commissioner to impose a civil penalty on any motor carrier or operator for a second or subsequent violation if acts or conduct on which conviction is based arise out of operation of motor vehicle in intrastate commerce and would, if acts or conduct occurred in operation in interstate commerce, have subjected violator to penalty under provisions of federal regulations, to allow commissioner to adopt regulations to specify amount of such civil penalty, to entitle persons notified of assessment of civil penalty to an opportunity for an administrative hearing and to allow commissioner to suspend any motor vehicle registration or registration privilege of person who fails to comply with terms of a final decision and order of commissioner until such person complies; P.A. 04-199 defined "major loss of utility service" in Subsec. (b), effective July 1, 2004; P.A. 04-217 made technical changes, effective January 1, 2005; P.A. 06-130 amended Subsec. (d)(3) by adding provision re power to order any motor carrier with an unsatisfactory safety rating to cease operations, effective July 1, 2006.
