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Connecticut Public Acts 1996

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Senate Bill No. 389

PUBLIC ACT NO. 96-257

AN ACT STRENGTHENING THE LAW CONCERNING CHILD RESTRAINT SYSTEMS.

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

Section 1. Subsection (d) of section 14-100a of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Any person who transports a child under the age of four years, weighing less than forty pounds, in a motor vehicle on the highways of this state shall provide and require the child to use a child restraint system approved pursuant to regulations adopted by the Department of Motor Vehicles in accordance with the provisions of chapter 54. Any person who transports a child under the age of four years, weighing forty or more pounds, in a motor vehicle on the highways of this state shall either provide and require the child to use an approved child restraint system or require the child to use a seat safety belt. As used in this subsection, "motor vehicle" does not mean a bus having a tonnage rating of one ton or more. 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. [Violation of this subsection shall be an infraction. The court shall waive any fine imposed on a person who violates this subsection if such person provides proof that he acquired and installed a child restraint system meeting the requirements of this subsection on or before the court appearance date.] ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBSECTION SHALL, FOR A FIRST VIOLATION, HAVE COMMITTED AN INFRACTION; FOR A SECOND VIOLATION, BE FINED NOT MORE THAN ONE HUNDRED NINETY-NINE DOLLARS; AND, FOR A THIRD OR SUBSEQUENT VIOLATION, BE GUILTY OF A CLASS A MISDEMEANOR. THE COMMISSIONER SHALL REQUIRE ANY PERSON WHO HAS COMMITTED A FIRST OR SECOND VIOLATION OF THE PROVISIONS OF THIS SUBSECTION TO ATTEND A CHILD CAR SEAT SAFETY COURSE OFFERED OR APPROVED BY THE DEPARTMENT OF MOTOR VEHICLES. THE COMMISSIONER MAY, AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, SUSPEND FOR A PERIOD OF NOT MORE THAN TWO MONTHS THE MOTOR VEHICLE OPERATOR'S LICENSE OF ANY PERSON WHO FAILS TO ATTEND OR SUCCESSFULLY COMPLETE THE COURSE.

Sec. 2. Section 14-137a of the general statutes, as amended by section 1 of public act 95-221, is repealed and the following is substituted in lieu thereof:

The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54, setting forth the number of points chargeable against the owner of an operator's license for conviction of any violation of the motor vehicle laws deemed appropriate by the commissioner for the assessment of such points. Such regulations shall provide specific information as to the number of points assessed for the conviction of each specified violation, the total number of points which, in a period of time specified by the commissioner, shall require a hearing before the commissioner or permit automatic suspension without prior hearing, and the period of time during which any such suspension shall extend. Such regulations shall provide that (1) NOT LESS THAN TWO POINTS SHALL BE ASSESSED FOR CONVICTION OF A VIOLATION OF SUBSECTION (d) OF SECTION 14-100a, AS AMENDED BY SECTION 1 OF THIS ACT, (2) not more than one point shall be assessed for conviction of a violation of section 14-219 and [that] (3) no points shall be assessed for an infraction or any violation specified in subsection (b) of section 51-164n for which the person sends payment of the fine and any additional fees or costs established for such infraction or violation to the Centralized Infractions Bureau in accordance with the provisions of subsection (c) of section 51-164n. If such regulations provide for participation in a driver improvement course or system for the owner of an operator's license, the commissioner may charge a fee of fifty dollars for registration for such course or system.

Sec. 3. Subsection (b) of section 51-164n of the general statutes, as amended by section 2 of public act 95-93, section 1 of public act 95-119 and section 67 of public act 95-264, is repealed and the following is substituted in lieu thereof:

(b) Notwithstanding any provision of the general statutes to the contrary, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-18, 7-35, 7-41, 7-83, 7-104, 7-283, 7-325, 7-393, 8-25, 8-27, 9-63, 9-296, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-326g, subsection (4) of section 12-408, subsection (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247, 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-224, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b, 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a, 14-27a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a, 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b, 14-67a, subsection (f) of section 14-80h, section 14-97a, SUBSECTION (c) OF SECTION 14-100a, SECTION 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153, 14-163b, section 14-219 specified in subsection (e) of said section, section 14-240, 14-249, 14-250, subsection (a), (b) or (c) of section 14-261a, section 14-275a, 14-278, 14-279, subsection (e) of section 14-283, section 14-291, 14-293b, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330, 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15, 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137, 17b-407, 17b-451, 17b-734, subsection (b) of section 17b-736, 19a-30, 19a-33, 19a-39, 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-108, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-257, 20-265, 20-324e, subsection (a) of section 20-341, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-20, 21a-21, 21a-25, 21a-26, 21a-30, 21a-31, subsection (a) of section 21a-37, section 21a-46, 21a-60, 21a-61, 21a-63, 21a-77, 21a-78, subsection (b) of section 21a-79, section 21a-85, 21a-154, 21a-159, 21a-201, 21a-211, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-37, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-118i, 22-123, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326, 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-379, 22-380, 22-391, 22-413, 22-414, 22-415, 22a-66a, 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-449, 22a-461, 23-37, 23-38, 23-46, 23-61b, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-221, 26-222, 26-224a, 26-227, 26-230, 26-234, 26-267, 26-269, 26-294, 28-13, 29-6a, 29-109, 29-118, 29-161a, 29-161b, 29-198, 29-210, 29-243, 29-277, 29-316, 29-318, 29-341, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a, 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b, 31-134, subsection (g) of section 31-273, section 31-288, 36a-787, 42-230, 44-3, 45a-450, 45a-634, 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, subsection (a) or (b) of section 53-211, section 53-212a, 53-249a, 53-252, 53-264, 53-301, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, shall follow the procedures set forth in this section.

Sec. 4. (a) The commissioner of motor vehicles shall publish in pamphlet form a warning of the dangers to children associated with the operation of a motor vehicle without the use of a child restraint system or a seat safety belt as required by section 14-100a of the general statutes, as amended by section 1 of this act, and the penalties for failure to comply with the provisions of said section. The commissioner shall distribute the pamphlet to each motor vehicle operator upon the issuance or renewal of his operator's license and to each health care institution which offers maternity care.

(b) The sum of fifty thousand dollars is appropriated to the Department of Motor Vehicles, for the fiscal year ending June 30, 1997, for the purposes of subsection (a) of this section.

Sec. 5. This act shall take effect July 1, 1996, except that sections 1 to 3, inclusive, shall take effect October 1, 1996.

Approved June 10, 1996. Effective as provided in section 5.

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