Regs., Conn. State Agencies Title 13b — Transportation

Department of Transportation Department of Transportation

13b-17 Encroachment Permit Regulations

Regs., Conn. State Agencies § 13b-17-1 Purpose and applicability

These regulations are intended to provide control of Bureau of Highways' right of way on the State highway system for use other than movement of vehicles, loads and pedestrians by others than the Department of Transportation; to prevent unsafe and hazardous conditions, annoying interruptions to traffic, and interference with future highway needs; and, to insure compliance with Federal laws, State statutes and other State policies, procedures and regulations.

Where these regulations do not specify definite requirements, standards or specifications, the following current publications may be used by the Commissioner as guides for approval; DOT geometric highway design standards; DOT Drainage Manual; DOT Construction Manual; Connecticut General Statutes; Connecticut State Regulations; DOT Standard Specifications for Roads, Bridges and Incidental Construction; DOT Handbook of Safe Practices; DOT Policy on the Accommodation of Utilities on Highway Rights of Way; Manual on Uniform Traffic Control Devices.

No work shall be performed within the State's right of way until a permit has been issued, except as provided in Section 13b-17-24—Emergency Permits.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-2 Definitions

When used in these regulations, the following words and phrases shall have the meaning herein allocated:

Application for Permit—a standard form of application which must be filed with the District Maintenance Manager before a permit is issued.

Bond—a written obligation which binds the signatory to answer for the debt, default, or miscarriage of the terms of a permit.

Bureau—The Bureau of Engineering and Highway Operations established in the Department of Transportation.

Certificate of Insurance—a Department of Transportation—Bureau of Engineering and Highway Operations form used to indicate protective liability insurance coverage by the permittee.

Commissioner—the Commissioner of Transportation.

Department—the Department of Transportation.

District Maintenance Manager—the authorized agent of the Commissioner of Transporation in matters pertaining to permits.

Encroachment—an intrusion or use of a highway right of way for purposes other than for traveling.

Encroachment Permit—a document issued by the District Maintenance Manager, allowing the use of highway right of way, to a permittee who has met certain qualifications, herein referred to as "permit."

General Statutes—The General Statutes of Connecticut, as revised.

Highway, State Highway—a highway, bridge or appurtenance to a highway or bridge designated as part of the State highway system.

Major Traffic Generator—within the context of sections 14-311 and 14-311a of the General Statutes of Connecticut, as revised, any open air theater, shopping center or other development generating large volumes of traffic shall mean any development providing two-hundred or more parking spaces, or a gross floor area of 100,000 square feet or more which subtantially affects State highway traffic within this State, and as provided for in the Administrative Regulations promulgated by the State Traffic Commission.

Non-Access Highway, Limited Access Highway—State highways so designated to allow access only at highway intersections or at designated points, in accordance with the General Statutes of Connecticut, as revised.

Non-Access Line—a line established to delineate the portions of a highway to which access is denied.

Parking Area—a place set apart from the travelway and used for the purpose of parking vehicles.

Permittee—the individual, firm, public utility company, municipality, or other state agency to whom a permit is issued.

Right of Way—real property, the title to which was obtained with or without fee and which is under the custody and control of the Department.

Roadway—the portion of the highway, including shoulders, for the movement of vehicles.

Shoulder—part of the roadway between the travelway and gutter or ditch.

Sight Distance—the length of roadway visible to the driver of a vehicle at a given point on the roadway when the view is unobstructed.

State Highway System—a system of highways which includes State primary highways, State secondary highways, State special service highways, and all highways in the interstate highway system, pursuant to the General Statutes of Connecticut, as revised.

Title 13b—refers to title 13b of the General Statutes of Connecticut, as revised.

Travelway—the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-3 Conditions for issuance of permits

The Commissioner, having jurisdiction over highways, may issue permits for use of highway rights of way by individuals, firms, public utility companies, or municipalities or other state agencies when the following conditions are met:

(1) The use requested by the permittee will not interfere with the needs for highway purposes.

(2) The use rquested by the permittee will not interfere with Department operations, will not create a traffic hazard, and will not interfere with the safe and free flow of traffic.

(3) There is compliance with all regulations herein mentioned.

(4) There is an understanding and acknowledgment by the permittee that the permit is revocable at the discretion of the Commissioner when the requirements of the permit are violated or can no longer be met.

(5) The authority to grant permission is authorized by statute.

(6) Approval is granted by the Federal Highway Administrator where special permission is needed on Federal Aid highways.

History

• Effective September 2, 1980

Regs., Conn. State Agencies § 13b-17-4 Application for permit

(1) An Application for Permit must be filed with the District Maintenance Manager before an investigation is made or the permit issued. Standard application forms for these permits may be obtained at the office of the District Maintenance Manager. The following information shall be included:

(a) For minor encroachments, such as service connections, private drives, etc., a sketch shall be included on the application form or separate sheet, in duplicate.

(b) For more complex installations and for commercial enterprises, three sets of complete plans and related documents shall be submitted. If it is deemed necessary, more sets of plans may be required by the District Maintenance Manager when a major traffic generator is involved. Application must be made to the State Traffic Commission and a certificate issued prior to application to the District Maintenance Manager.

(c) For major improvements to State highways by municipalities in conjunction with redevelopment, major utility or sewer construction and encroachments on limited access highways, eight copies of complete plans and related documents shall be submitted.

(d) When the removal or the trimming of trees and shrubs from within the highway right-of-way for the purpose of obtaining or improving the sight line for an outdoor advertiser is involved, application must be made to the outdoor advertising section of the Department of Transportation and their approval obtained prior to application to the District Maintenance Manager.

(2) In all cases, the sketches on plans shall show the location of the work to be done in relation to the outstanding features of the highway, such as property lines, pavement lines, sidewalks, curbs, trees, intersection roads, drainage facilities, traffic control appurtenances, utility poles by number, and utility lines. All plans shall be drawn to a 40 SCALE, or as otherwise directed with a North arrow indication. All plans should be so detailed that a Permit Investigator can determine the exact location of the various parts of the work, the risk of injury to road users, and the effect upon private property, trees, shrubs and highway structures.

All applications shall indicate that compliance with section 16-345-4, "Call Before You Dig" regulations, have been met.

(3) Information relating to the character, and extent of the work, materials to be used, and methods of construction are also required.

(4) In the event that work or repairs not designated in the original permit must be done in the same location, the permittee shall make application to the District Maintenance Manager for a permit authorizing such additional work or repairs.

(5) For applications requiring a drainage review, no work shall be performed until the complete plans and computations have been reviewed by the Bureau of Highways and the permit has been issued. Drainage requirements are listed in Section 13b-17-13.

(6) Permit fees must be submitted with an application for permit in the following amounts:

Permit applications of an unusual manner shall be included in one of the above-designated classes as determined by the District Maintenance Manager. The permit fees are waived for permits issued to municipalities for work actually performed by municipal forces.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-5 Rejection of applications

When it appears that the work called for in an application would cause substantial or needless damage to a highway, create excessive disturbance to traffic or result in dangerous conditions, or is detrimental to the aesthetics of the highway, the request for a permit will be denied. The applicant will be informed of such denial by letter from the District Maintenance Manager which will state the results of the investigation and the reason for the denial. The District Maintenance Manager may refuse to issue a permit to any person, company or municipality when work performed under a previously issued permit was not properly executed, or when said applicant has failed to reimburse the State for recoverable charges billed under the terms governing a previous permit.

History

• Effective September 2, 1980

Regs., Conn. State Agencies § 13b-17-6 Inviolability of non-access lines

No violations of non-access lines will be permitted except when it is advantageous to the State from the standpoint of aesthetics, necessary for drainage control, or when it is necessary to accommodate utility installations to conform to the AASHO regulation, "A Policy on the Accommodation of Utilities on Freeway Rights of Way."

History

• Effective November 1, 1974

Regs., Conn. State Agencies § 13b-17-7 Issuance of permit

A permit to use the highway right of way or to plant, remove or trim trees and shrubs may be issued by the District Maintenance Manager only after receiving a report from the Permit Investigator subsequent to completion of the examination of all aspects of the proposal and upon receipt of the surety bond, properly executed and in the correct amount. A permit form must be signed by the District Maintenance Manager before it becomes valid. The first two copies of the permit shall be sent or handed to the applicant. The applicant shall sign both copies of the permit. The original shall be retained by the permittee and the second copy returned promptly to the District Maintenance Manager. The permittee is forbidden to commence work until the above-mentioned second copy of the permit has been received by the District Maintenance Manager and the permittee has notified the Permit Inspector of the exact date and hour work is to beg Contractors who are performing work for a permittee, including municipalities and utility companies, must have a copy of the permit issued to the permittee with them while work is being performed.

If a municipality or a utility company has any utility facilities located within the right of way of an interstate highway or any other designated limited access highway, a continuing permit may be issued, upon written request, for emergency operations and servicing of such facilities in accordance with the terms of a Master Maintenance Agreement executed between the State and the municipality or utility company, covering the interstate highway system, or a similar agreement covering limited access highways. Emergency work shall be covered by a written permit issued after the emergency, even though the continuing agreement justified the work during the period of urgency. Upon written request from the municipality or utility company, a permit may be issued to authorize each instance of inspection and servicing which is not an emergency. (See Sec. 13b-17-24 concerning emergency permits for work on State highways other than those mentioned in this paragraph.)

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-8 Bond requirements

Except in instances where public service companies have filed a statement of solvency acceptable to the Secretary of the State, pursuant to the General Statutes, it is the responsibility of the District Maintenance Manager to determine who shall furnish the permit bond and the amount of the guarantee to be provided to the State in connection with each permit, after receiving a report on the proposed work from the Permit Investigator. The District Maintenance Manager shall specify that a permit bond in a definite amount shall be delivered to his/her office before a permit is issued. The permit bond shall remain in effect for a sufficient period after the completion of construction to insure the repair of any work which has settled, eroded or deteriorated. The bond may be released after this waiting period upon request in writing. The permit bond requirements may be waived for permits issued to municipalities when the work covered by the permit is to be performed by municipal forces.

With the exception mentioned herein, the amount of the permit bond shall be established separately for each permit so that the State will be protected against loss in the event of the failure of the permit holder to complete the work or make required repairs or restorations involving the work or encroachment authorized by the permit. Immediately upon the approval of an application for permit, the District Maintenance Manager will advise the applicant of the amount of the permit bond required. On major utility projects such as new sewer and water main installations the permit bond amount shall be established during the plan review stage of the project. An annual blanket permit bond, acceptable to the Department, may be deposited to avoid the inconvenience and expense of obtaining individual bonds for each permit requested.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-9 Insurance requirements

(1) The permittee shall indemnify and save harmless the State of Connecticut, the Department of Transportation, its officers, agents and employees from all claims, suits, actions, damages, and costs of every name and description caused by or resulting from the permit, its use and/or maintenance by the permittee, its contractors and/or invitees, the effect of the permit on the operation, use and/or maintenance of the state highways(s); or the negligent performance and/or non-performance of the terms of the permit, and such indemnity shall not be limited by reason of any insurance coverage.

(2) Prior to the issuance of a permit, the permittee will be required to provide a Certificate of Insurance, Form CON 32, in such amounts as determined by the state which are applicable to the nature of work involved and as provided for in article 1.03.07 of "the State of Connecticut, Standard Specifications for Roads, Bridges and Incidental Construction," as revised.

(3) In cases where a joint permit is issued to a property owner and his/her contractor, a Certificate of Insurance which covers one or both of the permittees will be acceptable.

(4) Insurance coverage requirements may be waived in regard to permits issued to municipalities, public service companies (as defined by section 16-1 of The Connecticut General Statutes, as revised) and churches provided that these groups actually perform the work covered by the permit. However, when the work is to be performed by a contractor a Certificate of Insurance will be required.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-10 Obligation of the permittee and the state

(1) The issuance of a permit in no way obligates the State to issue any further permit, to continue or extend the permitted work, to relocate the facilities of others encountered during the initial installation, or for any cause whatsoever.

(2) All applicable local ordinances, federal and State statutes and regulations shall be complied with, and all licenses and permits shall be obtained by the permittee before this permit becomes effective.

(3) When permitted work is to be accomplished within an area where, at any time during the life of the permit, the State has a contractor performing work, the permittee shall arrange his/her work and shall place and dispose of the materials being used so as not to interfere with the operations of the State's contractor. The permittee shall coordinate his/her operations with those of the State's contractor and cooperate in every way possible, to avoid interfering with the State contractors operations. The permittee shall hold the State's contractor, State and Federal government free and harmless of all costs or liability resulting from delays, rescheduling, redesign or for whatever cause necessary, to comply with this requirement.

(4) All work, once started, shall be prosecuted during times and days allowed, without interruption, and the site immediately placed in a condition satisfactory to the state.

(5) Delays or costs incurred by the permittee as the result of any adjustment, abandonment, redesign, rescheduling or redoing of permitted work to comply with the permit shall be totally at the expense of those other than the State.

(6) The permittee agrees and warrants that in the performance of the permit, he/she will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, sex, mental retardation or physical disability, including, but not limited to blindness, unless it is shown by the permittee that such disability prevents performance of the work involved in any manner prohibited by the laws of the United States or of the State of Connecticut, and further agrees to provide the commission on human rights and opportunities with such information requested by the commission concerning the employment practices and procedures of the permittee as relate to the provisions of this section.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-11 Cost of permit work

(1) With the exception of the relocation or removal of public service facilities by direction of the Transportation Commissioner, in the manner provided by the General Statutes, acceptance of a permit by an individual, private or municipal corporation to whom or which it is granted, shall obligate the permittee to reimburse the Department of Transportation for all expenses incurred by the Department in connection with the permit as follows:

(a) The time of all employees of the Department, including Permit Inspectors, laborers and General Supervisors, will be charged to the permittee for the number of hours of service rendered in connection with the permit, with the exception that no charge will be made for the time and travel expense of a Permit Inspector on any day when the inspector is on the project less than two hours.

(b) Charges for State-owned equipment will be made according to the rental rate established by the Commissioner in applying equipment costs to the Department's routine work on the State highway system.

(c) Supplies and materials furnished by the State will be charged at the State's cost.

(d) Expenses of travel of Permit Inspectors and other Department personnel will be charged at cost, based on a rate per mile established by the Department.

(e) When work under a permit necessitates the removal of any guide railing, the removal may be performed by the permittee unless the permit specifically provides to the contrary. In all instances where guide rail is to be removed, the permittees at their own expense, shall fill the area behind the rail with material acceptable to the District Maintenance Manager to such extent, elevation and drainage control as the District Maintenance Manager shall direct. The required backfilling shall be completed prior to the removal of the railing. All railing shall remain the property of the State and shall be delivered to the State garage designated by the District Maintenance Manager.

(f) To cover overhead, administrative and engineering expenses of the Department, a percentage, as determined by the Department, of the total direct labor, equipment and material costs will be charged to the permittee in addition to the actual expenses.

(g) When the work of a permittee is in a location where a State highway monument, boundary marker, base line monument or geodetic monument must be disturbed, the permittee shall identify, locate and protect it and then notify the District Maintenance Manager prior to any work in the area so that Department surveyors may record measurements essential to the resetting of the monument by the State after the permittee has completed permit related work. The permittee will be billed by the Department for full engineering and replacement costs of monuments that are disturbed or destroyed by the permittee's operations.

(h) When any State highway warning or directional sign, State-owned historical site marker or colonial milestone must be removed, relocated or disturbed by the operations of the permittee, the permittee shall notify the District Maintenance Manager. The removal, storage and restoration of such signs, markers or historical stones will be done by the Department at the expense of the permittee.

(i) When the traffic signal or signal actuation device is disturbed or destroyed or is in imminent danger of being rendered inoperable by permitted work, the permittee shall notify the state at once. Temporary arrangements to accommodate the interruption will be made by the state as well as providing a permanent repair to the damaged equipment. The temporary accommodations and final restoration of the signals operation shall be done at the expense of the permittee.

(j) The charges to the permittee will be compiled by the Department and appropriate invoices will be forwarded to the permittee. Invoices shall be paid promptly when received by the permittee. Every effort will be made by the Department to keep the expenses of inspection and other work performed to a minimum, consistent with adequate protection of the road user and the investment of the State in the highway.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-12 Removal of material from highway right of way

When the permittee desires to excavate and remove 200 cubic yards or more of material, he/she shall notify the District Maintenance Manager prior to the commencement of excavation work. The permittee must submit cross sections and quantity figures, certified by a Professional Engineer and/or Land Surveyor licensed to practice in the State of Connecticut, showing the actual amount of material to be removed from within the highway right of way. The Department will set the price per cubic yard for the material using this figure, a certified check covering the total value of material removed shall be made payable to the Treasurer of the State of Connecticut, and deposited by the permittee with the Department, before any excavation work is undertaken.

Upon completion of all work in the permit, the amount of material removed will be computed and certified by a professional engineer and/or land surveyor, when requested by the Department, and the excess amount of the deposit refunded, or, if there is an increase in the amount of material, the permittee will be billed for the increase by the Department.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-13 Drainage requirements

(1) The following information is required on the plans for drainage review:

(a) Original and proposed finished grades and contours, sufficient to determine the original slope of the land and the proposed slope at all points.

(b) Size and location of all buildings, existing and to be erected, and their provision for roof drainage.

(c) Location of all driveways, roads and/or areas to be paved, showing type of paving and provision for berms or curbs.

(d) Grades along the traveled path and gutter of the State highway in front of and adjacent to the proposed work, sufficient to determine the slope of the highway at any point and the capacity of the gutter.

(e) All existing and proposed drainage structures and/or outlets into, out of, and adjacent to the property to be developed (including existing State drainage facilities), showing types of structures, size and type of pipe, elevations of grates and inverts, accompanied with drainage computations as specified in the current edition of the Connecticut Department of Transportation Drainage Manual.

(f) All existing and proposed drainage easements, to whom deeded, and the current owner of record.

(2) No diversion of runoff from another watershed into State property will be allowed until proper drainage rights have been recorded.

(3) The Bureau of Engineering and Highway Operations is not obligated to allow a connection of private storm drainage to its facilities. Where State facilities are adequate, the Bureau may allow a connection after it has been determined that sufficient drainage rights exist or have been obtained by the permittee.

(4) In cases where the State drainage system is not adequate, the permittee may be required to replace the State facilities with a system of adequate capacity. Where no State drainage system exists, the permittee may be caused to install a separate outlet after obtaining necessary easements. A special agreement must be made with the Bureau of Engineering and Highway Operations covering the maintenance of such a separate outlet. The maintenance of the system may be undertaken by the municipality if the permit involves a street to be accepted by the municipality. A letter must be obtained from the appropriate municipal officials covering this maintenance, prior to the issuance of the permit.

(5) Agreements consummated with a second party for the installation and maintenance of a private storm sewer within the State's right of way shall be recorded in the Municipal Land Records, and proof of recording must be submitted to the District Maintenance Manager prior to the effective date of the permit.

(6) Minor connections from private properties to the State drainage system may be allowed if they discharge clean water only, do not overtax the State system, will not jeopardize the State drainage rights, and are made at drainage structures in a manner approved by the District Maintenance Manager. The permission to connect is of a temporary nature only and may be withdrawn at any time for any reason. A drainage connection concurrence form must be completed and filed in the Bureau of Engineering and Highway Operations records. In some instances, these agreements may require filing with the municipal clerk. In such cases, the responsibility and cost of filing shall rest with the permittee and shall be accomplished prior to the issuance of the permit, with proof of filing submitted to the District Maintenance Manager.

(7) In order to protect the State highway system, permittees may be required to present plans for the control of silting and erosion during construction, particularly in cases where extensive excavations are to be made above the grade of the highway.

(8) For drainage facilities crossing non-access lines, when it is advantageous to the State from the standpoint of hydraulic characteristics or aesthetics, a permit may be issued to install pipes within the highway right of way to extend an existing storm sewer outlet. It is also possible that in some cases it is of benefit to the State to allow a drainage outlet to be extended across a non-access highway. In these cases a sleeve must be jacked or bored under the highway with the drainage pipe encased in the sleeve. Access for installation and maintenance shall be for other than the limited or non-access highways. Applications for this type of permit shall conform to the current policy on inviolability of non-access lines.

(9) The computations and plans shall consider all drainage areas contributing to the site, including roof areas, whether within the proposed development or outside of it.

(10) All drainage of subdivisions and commercial sites shall be designed so that no flooding or damage to the State highway facilities will be caused by a storm having a 25-year frequency for surface runoff and a 50-year frequency for water courses.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-14 Construction of roads and streets

All permits for the construction or reconstruction of state highways, roads or streets crossing or intersecting State highways must be requested by the property owner, developer or a municipal official responsible for public works, and a surety bond must be filed with the District Maintenance Manager by the responsible applicant.

The required number of sets of plans and profiles shall be produced by the applicant for all proposed roads or streets, in sufficient extent and detail determined by the district maintenance manager. This information shall be used by the State in determining stipulations to be included in the permit to be issued. All streets constructed to intersect a State highway must be surfaced with bituminous concrete or other material acceptable to the District Maintenance Manager for the entire area graded toward the State highway. The side slopes draining to these streets shall be stabilized to prevent erosion.

Intersections shall be designed and constructed to meet the existing gutter grade of the State highway unless specified otherwise by the District Maintenance Manager. Traffic signals shall conform with the traffic signal guidelines in the Manual On Uniform Traffic Control Devices. Grades and drainage installations shall conform with the requirements of Department policy. Sight distances shall conform to the Department's geometric design standards. Width of road or street and the radii of intersection flares shall be adequate to permit turning by an entering or exiting WB50 design vehicle without encroachment on an opposing directional lane of the State highway or the intersecting road or street unless otherwise directed by the District Maintenance Manager.

The municipal official responsible for public works shall be contacted by the permit applicant to determine the municipalities requirements for acceptance of public streets or roads, if this is a factor in the applicant's plan.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-15 Driveways

Approval of an application for a permit for a driveway shall be subject to Sec. 13a-143a Driveway Permits, which reads "no person shall construct a new driveway or relocate an existing driveway leading onto a state highway without first obtaining a permit from the commissioner of transportation. In determining the avisability of issuing such permit, the commissioner shall include, in his consideration, the location of the driveway with respect to its effect on highway drainage, highway safety, the width and character of the highways affected, the density of traffic thereon and the character of such traffic. The person to whom the permit is issued shall comply with the provisions and restrictions contained therein at his own expenses."

Such approval shall also be subject to the following conditions:

(1) The applicant is the owner of the property, or owner jointly with the contractor, and any driveway approach constructed is for the bona fide purpose of securing access to the applicant's property and not for the purpose of parking or servicing vehicles on the highway right of way. The applicant may be directed to reconstruct driveways or perform other construction activities affecting property not owned by the applicant if so required by the provisions of a state traffic commission certificate or directed by the District Maintenance Manager.

(2) Any driveway, approach or improvement constructed under permit within the right of way shall be subject to inspection at any time by the State. The right is reserved by the District Maintenance Manager to require such changes, additions and relocations thereto as, in the manager's opinion, may be necessary for the relocation, reconstruction, widening or maintenance of the highway or to provide protection to life and property on or adjacent to the highway.

(3) No driveway, approach or other improvement constructed on the right of way, under permit, shall be relocated or its dimensions altered without written permission of the District Maintenance Manager.

(4) The applicant agrees to comply with all insurance requirements set forth in Sec. 13b-17-9 of these regulations.

(5) The proposed location, design and construction of any driveways under permit shall be evaluated by the State in accordance with the following criteria:

(a) For permit purposes, the priority of use by the abutting landowner of that portion of the roadside fronting on his/her land shall be confined between lines drawn from the frontage corners of the property to the centerline of the roadway either at right angles to the centerline on tangents or on a radial line on curves.

(b) No more than one combination entrance and exit shall be allowed for any property with frontage of less than 50 feet. Parcels having a frontage from 50 to 100 feet may be permitted two entrances if a minimum of one-third of the total frontage is used to separate the driveways. Lots with frontage in excess of 100 feet shall conform to such driveway and channelization layout as the District Maintenance Manager shall prescribe.

(c) The width of any entrance or exit shall not exceed 30 feet, measured parallel to the direction of the State highway at the property line, except as may otherwise be designated by the District Maintenance Manager because of municipal ordinances or other valid reason. The area within State property between the entrance and exit shall not be improved to facilitate vehicular traffic or parking. This area shall be considered restricted and may be developed only as hereinafter provided in paragraph (1).

(d) The grade of entrance and exists shall conform to current highway design standards for typical treatment of drives.

(e) In rural or suburban regions, no entrance or exit shall be so constructed that any part of such entrance or exit is less than ten feet from the extended common boundary separating adjacent private properties, except for returns, the radius of which shall not exceed 50 feet. In urban areas, or where there is a curb and gutter, the distance from the boundary may be five feet. See paragraph 5 (a) above for limitations on radius termini.

(f) The construction of parking areas on the highway right of way is prohibited, except as provided for under the regulations governing parking areas under lease within the highway right of way. Places of business requiring parking space for their customers shall provide such facilities on their own premises.

(g) Drainage discharged from a State highway or flowing within the right of way shall not be altered or impeded and the permittee must provide suitable drainage structures as directed by the District Maintenance Manager.

(h) When a curb and gutter are removed, the entrance and exit shall be constructed so that the curbing along the highway shall be returned into the entrance and exit on a radius of not less than two feet or more than 50 feet unless otherwise directed by the District Maintenance Manager.

(i) All entrances and exits shall be so located that vehicle operators approaching or using them shall have adequate sight distances in both directions along the State highway in accordance with current department of transportation geometric design standards. All slopes shall be stabilized by the permit applicant by loaming and seeding or other method directed by the Permit Inspector.

(j) All entrances and exits constructed under permit shall be paved on the entire section within the State highway right of way with bituminous concrete, portland cement concrete, or as directed by the District Maintenance Manager. The remainder of the area graded to drain to the State highway shall be stabilized to prevent erosion and washing of material onto the State highway. All costs of such paving shall be borne by the permittee. This pavement shall be joined in a straight line at its intersection with the State highway shoulder and shaped as the Inspector shall require, to accommodate highway drainage.

(k) No entrance or exit shall be constructed at the intersection of two Ste highways, town road, or city street within the area lines drawn perpendicular to the centerline of the highway from points on the right of way lines, for a distance of 25 feet from the intersection of said right of way lines at non-signalized intersections. Driveways at signalized intersections shall be constructed as directed by the District Maintenance Manager.

(l) The area between entrances and exits and those portions of rights of way which have been defined hereinabove in (c) as restricted area may be filled in only when surface drainage is provided, so that all surface water on the improved area is carried away from the highway road bed and shoulder in a suitable manner, and when the drainage facility installed under any filled area is adequate to carry the water along the State highway. No headwall or other structure so designed as to be a hazard to an errant vehicle shall be constructed in the highway right of way within the clear zone as specified in the guidelines for highway design. The District Maintenance Manager will determine whether or not berms or curbs are to be constructed around this separating island area and also along the edges of any end island areas. Driveway side slopes within the highway clear zone should not exceed 6:1 maximum.

(m) At locations of new, single homes being constructed adjacent to and lower than the State highway pavement, the property owner may be required to grade the frontage within highway limits so as to confine highway surface water to the gutter or construct a bituminous concrete lip curb. These berms or curbs, either grassed earth or bituminous concrete, are maintained by the State upon satisfactory completion by the permittee. Particular care must be exercised to see that the permittee constructs driveway entrances so as to confine surface drainage to the highway gutter.

(n) At new housing developments, shopping centers, industrial parks, and similar development, the owner shall be required to construct a bituminous concrete lip curb adjacent to the gutter along the entire frontage of the property being developed unless otherwise directed by the district maintenance manager.

(o) In instances where the property abutting a State highway is already developed and it becomes necessary to construct a bituminous concrete berm to confine the highway surface drainage, a total cost of constructing the berm is the obligation of the Department.

(p) Where any school, church, playground, housing development, park, reservoir, commercial or industrial properties are developed abutting the non-access or limited-access lines of State highways, the developer shall obtain a permit and install a six (6) foot chain link fence along such line between the sideline boundaries unless otherwise directed by the District Maintenance Manager. Any existing stock fence removed shall become the property of the State, unless fencing is property of abutting property owner. The cost for establishing the boundary line and the fence installation shall be borne by the permittee.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-16 Major traffic generators

No permit for work under Section 14-311 will be issued by the District Maintenance Manager and no work shall be started by the permittee until a State Traffic Commission Certificate is issued, a town or municipal government building permit has been obtained by the developer, and a complete review of the applicant's plans and drainage proposals has been made and approved by the State.

Subsequent to completion of the work described in the Bureau of Engineering and Highway Operations permit and prior to opening the development to the public, the permittee must notify the District Maintenance Manager that the work within the State highway right of way is ready for inspection. The District Maintenance Manager will report the results of the inspection to the State Traffic Commission by copy of the letter of acceptance sent to the permittee.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-17 Utility installation requirements

The requirements for the new installation of utilities on any State or interstate highway are contained in the current edition of the Department of Transportation publication, "A Policy on the Accommodation of Utilities on Highway Rights of Way" and the AASHTO publication, "A Policy on the Accommodation of Utilities on Freeway Rights of Way."

The granting of permits to install public utility and other structures does not diminish or waive the jurisdiction of the Transportation Commissioner over State highways. If, in the opinion of the Transportation Commissioner, it becomes necessary at any time to remove or relocate any of the structures or fixtures installed under a permit, the removal or relocation, upon notification by the Commissioner or an authorized agent, shall be made immediately by the owner thereof, in accordance with the Connecticut General Statutes, as revised.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-18 Parking areas within the highway right of way

No highway right of way shall be used as any part of a parking area for the benefit of the permittee except under lease with the State and subject to certain conditions.

A highway area shall be eligible for parking if it conforms to zoning regulations in the area, its presence does not conflict with scenic highway standards or create a traffic hazard, and it is not needed for immediate highway purposes.

For areas fronting on a public street, the priorities for lease shall be to:

(1) another State agency

(2) a municipality

(3) a federal agency

(4) a corporation, public or private business firm, company or individual.

For areas abutting the right of way line, the priorities for lease shall be to:

(1) abutting owners whose rear property lines are contiguous to the highway right-of-way line and who apply to the Transporation Commissioner to lease that portion of the right of way lying within the projection of their side boundaries to such a point within the right of way as the Transportation Commissioner shall determine.

(2) another State agency, municipality or a federal agency, if the right of way can be secured from the abutting owner.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-19 Signs

(1) Advertising signs on private property shall conform to current State administrative regulations concerning outdoor advertising signs, displays and devices adjacent to the national system of interstate and defense highways, limited-access federal aid primary highways, other limited-access highways, and unlimited access federal-aid primary highways.

(2) No person, firm or corporation may erect any sign within 300 feet of any State highway which shall have thereon the words STOP — CAUTION — DANGER — WARNING — SLOW — or any words, characters or symbols intended to give warning or direction to traffic, except by written permission from the Transportation Commissioner. This does not prevent any municipal officer or public utility company from maintaining danger or warning signs required by statute or essential to the operations of a public utility. Such signs shall not bear the name of any product or any advertisement. The Transportation Commissioner or an authorized agent may enter upon private property and remove any violation of the statutes or regulations governing such signs. Fines up to $100 for the first offense and up to $500 for each subsequent offense may be levied.

(3) No signs shall be allowed on State highways except as listed below:

A. State, municipal or federal regulatory or information signs.

B. Church or ecclesiastical society signs. The size of the sign shall not exceed six square feet and no side of any such sign shall exceed three feet. Such sign may identify the church, location, direction and the schedule of religious services. Church signs shall not be erected on any federal-aid highway system except where permitted by federal regulations.

C. Informational signs as listed below. These signs will be erected by the Bureau of Engineering and Highway Operations upon request when these signs will not have a detrimental effect on traffic operations or other traffic control devices. No advertising or commercial name shall appear on the sign except as provided for in Sec. 13b-17-19 (3) g.

(1) Signs directing people to permanent public buildings, parks or recreational facilities, usually requested by the proper town officials.

(2) Signs indicating the existence of natural phenomena (e.g., "Talking Hills of Moodus").

(3) Signs directing attention to sites of historical or cultural interest made usually by societies organized to perpetuate these sites.

(4) Signs signifying cattle or deer crossings, bridle paths, etc.

(5) Signs directing attention to unusual botanical gardens, natural caves, etc.

(6) Signs prohibiting normal use of roadside due to existence of public water supplies, warning signs of health hazards or danger (e.g., "Danger — Quicksand").

(7) Signs directing the public to the "off highway" location of major industries in a community.

D. Entrance and exit signs. These signs shall conform to standards established by the Department of Transportation.

E. Temporary regulatory signs for work within the highway right of way. Permission for these signs will be considered as being granted under the work permit, construction or maintenance contract.

F. Service organization signs. It is suggested that the organizations combine all of their signs on one panel on private property.

G. Specific information signs and business signs on limited access highways. Permits will be issued only after the applicant has been approved by the office of traffic engineering and all provisions in the "regulations for specific information signs and business signs on limited access highways" have been complied with.

(4) Permits for Christmas lights, ornaments and official civic banners (e.g., Red Cross, Community Chest, etc.) to be suspended over a State highway will be issued only for noncommercial purposes. The minimum clearance over the pavement shall be 18 feet. The permittee shall file certificates covering

Public Liability in the minimum amount of $500,000 (single limit) and Property Damage in the amount of $100,000/$200,000 with the District Maintenance Manager. These permits must be for a limited time only.

(5) A penalty of up to $100 fine and imprisonment up to 30 days may be levied against any person or firm who maliciously or wilfully removes, defaces, destroys, knocks down or tampers with any barrier, warning, detour, cautionary, directional or informational sign or light placed on a State highway by the Transportation Commissioner.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-20 Mailboxes

Individual mailboxes which conform to United States Postal Service Regulations may be installed without a permit; however, they shall be installed on a wood post of less than 25 square inches. If metal is used it shall be aluminum or of sufficient weakness to break upon impact of any highway vehicle. No masonry posts or enclosures will be allowed. Any development or group of persons desiring to combine several mailboxes in a single structure shall apply to the District Maintenance Manager for a permit. The District Maintenance Manager will determine if the structure will be approved by our present safety standards.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-21 Gasoline stations

By statute, the approval of the layout of a gasoline station and the issuance of a license for its operation is within the purview of the Commissioner of Motor Vehicles. Work in the highway right of way will be specified in a highway permit in accordance with the plan approved by the Motor Vehicle Department. Operation of the station as a retail business will not be permitted until the work within the State right of way is completed in the manner prescribed in the permit.

History

• Effective September 2, 1980

Regs., Conn. State Agencies § 13b-17-22 Parades, block dances, etc

Permit applications for use of a State highway for parades, block parties or other celebrations shall be filed with the State Traffic Commission.

History

• Effective November 1, 1974

Regs., Conn. State Agencies § 13b-17-23 Holidays

All permit work, except as determined by the District Maintenance Manager, on the highway and within 30 feet of the traveled portion of the highway shall be stopped at 12:00 noon on the day before a legal holiday and no work shall be resumed until 12:00 noon on the day following the holiday. Weekends shall be considered as part of the holiday when the legal holiday falls on either Friday or Monday.

Before the work stoppage, all excavations shall be filled, obstructions and equipment removed and all precautions taken to guarantee the safety of the traveled way.

History

• Effective September 2, 1980

Regs., Conn. State Agencies § 13b-17-24 Emergency permits

(1) The District Maintenance Managers will issue an annual permit to all utility companies and municipalities in their Districts to perform emergency repair work such as broken gas, water or sewer mains within State highways. The utilities and municipalities must contact the District Permit Section prior to performing any emergency repair work to obtain verbal permission. The District Permit Section will maintain a log for the purpose of recording each instance when verbal permission is granted to perform emergency work. After the issuance of the annual permit for emergency work, no further written permission will be required once verbal permission has been granted by the District Maintenance Manager. This procedure does not apply to emergency permits for work on interstate or other designatedlimited-access highways covered in Section 13b-17-7. A written application for permit must be forwarded to the district permit office within 24 hours of receiving verbal permission.

(2) In those cases where private utility connections must be repaired under emergency conditions, the person or company concerned must contact the District Permit Section and receive verbal permission prior to performing any emergency work. Within 24 hours after verbal permission has been granted, a written Application for Permit must be submitted to the District Permit Section in the same manner prescribed for non-emergency work. A written permit will be sent in confirmation of the verbal permission as a permanent record of the transaction.

(3) Appropriate bond and insurance certificates must be on file with the District Permit Section prior to the issuance of verbal or written permission for emergency work.

History

• Effective September 2, 1980

Regs., Conn. State Agencies § 13b-17-25 Extension of time

All work shall be completed in a manner satisfactory to the State before the expiration date shown on the permit; otherwise, the permit holder shall request the State to allow an extension of time. Extension of time may be granted upon written application by the permittee to the District Maintenance Manager.

The District Maintenance Manager may validate the time extension by transmitting an appropriate memorandum to the permittee and by revising the original records in the manager's office to reflect the additional timranted.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-26 Responsibility for boundary lines

Permit applicants may retain their own licensed land surveyors to determine the existing line and must inform themselves of the demarcation between the public domain and private holdings. When a portion of a developer's frontage is to be deeded to the State, and included as part of the highway right of way, the developer shall perform the necessary field survey work and prepare the deed for signature and filing. The costs incurred by the Department to bound the new or existing right of way lines and preparation of related plans and documents will be borne by the permittee.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-27 Construction or repair of sidewalks, curbs or steps

An application for permit to construct, reconstruct or repair a sidewalk, curb or steps within the highway right of way shall contain definite information as to width and length and the materials to be used. The location of new installations with respect to the right of way lines or other established lines or objects shall be determined by the District Maintenance Manager. Sidewalks shall be located, wherever possible, so as to give not less than eight feet from edge of shoulder to the near edge of the walk in order to provide protection for pedestrians and to have a storage area for plowed snow. The location and grade of sidewalks and curbs will be approved by the State subsequent to a conference with the local municipal authorities relative to the permit applicant's proposal. At no time shall steps be constructed closer to the travelway than eight feet from the back edge of the shoulder, gutter or curb. Steps closer than 30 feet from the edge of the travelway shall not protrude above the surrounding slope.

Handicap ramps conforming with Connecticut General Statutes, Sec. 7-118a, shall be incorporated in all proposed sidewalks at all street intersections, and at all other locations where the grade of a driveway or other facility takes precedence over the grade of the proposed sidewalk.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-28 Safety to traffic

It shall be the duty of the permittee to make certain that the security of the traveling public is safeguarded and that their rights are not unreasonably curtailed. During the working periods, the permittee shall install and maintain signs in conformance with the Department's current signing patterns. These signs shall be supplied by and at the expense of the permittee. Unless specifically stated in the permit or authorized by the Permit Inspector, the traveled path shall not be obstructed. Also, such portion of the right of way within 30 feet of the traveled way which otherwise would be an obstruction-free roadside area shall not be obstructed by the storage of material, equipment, or any other object which might be a hazard to an errant vehicle. The portions of the highway which are torn up, are used for storing materials, or are otherwise unsafe for public travel shall be adequately protected at all times to avoid the possibility of accident. Such areas shall be marked at night by lights, flashing beacons or other warning devices approved by the Permit Inspector. To protect the users of the highway, additional traffic control warning devices shall be placed by the permittee when ordered by the Permit Inspector. When portions of the traveled way are made dangerous for the movement of vehicles or pedestrians, a sufficient number of uniformed police officers or other traffic control personnel shall be employed by the permittee to direct traffic safely through the areas. If such conditions exist at the close of the working day, a watchperson and a sufficient number of traffic control personnel shall be assigned by the permittee to direct traffic at night. The work must be planned to avoid such conditions whenever possible.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-29 Removal of existing pavement surfaces

Excavations in the traveled way shall not be started until the Permit Investigator has approved the position and size of a proposed opening and the protection to be provided by the permittee for the users of the highway. The pavement surface shall be removed in a manner acceptable to the Permit Inspector, with all edges cut to a straight line, except in the case of permits for raising manholes, where a circular cut may be used around the manhole. Preferably such removal shall be accomplished with either a bullpoint pavement breaker or cut with a concrete saw. Under no circumstances shall pavement slab be subjected to blows from a hammer or dropped weight. When excavating within a reinforced concrete pavement, to the extent possible the concrete shall be removed without cutting the reinforcement. The bars or mesh, when cut, shall be severed as close to the center of the trench as practicable and bent back to permit accomplishment of the work. When thepavement is ready to be permanently replaced, the reinforcement shall be bent back into position and reinforced with other bars or mesh which shall overlap the ends of reinforcement not less than 12 inches and shall be securely wired. The initial cutting of the pavement shall be restricted to the area directly over the sidewalls of the proposed trench to be excavated, or as directed by the District Maintenance Manager.

Permanent paving replacement for keyhole excavations in asphalt pavement shall be installed in such a manner that the pavement replacement shall be continuous throughout the entire work area. The existing pavement shall be cut to neat lines one foot from edges of excavation at start of work area, and shall extend parallel and unbroken to include all subsequent excavations. The pavement between the neat lines, including the pavement between consecutive keyhole excavations, shall be removed and permanent pavement installed as required. All abutting surfaces shall be coated with an approved joint sealer and the permanent pavement shall be rolled to conform to existing cross slope, or as directed by the District Maintenance Manager. The permittee shall also be responsible for replacement of pavement damaged by construction work, and assumes continuing responsibility for the maintenance of the work area per the provisions of this permit.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-30 Excavating and trenching

All excavating and trenching operations shall conform to the current regulations for excavations published by the United States Department of Labor, Occupational Safety and Health Administration.

The size of the excavation shall be kept as small as practicable to carry on the work. Excavated material shall be placed so as to interfere as little as possible with the ordinary use of the highway. Excavated material must not be placed in drainage ditches. Where there is a drainage structure in the vicinity of the excavation, the water in the trench shall be discharged into this structure. Contaminated or excessively muddy water shall not be allowed to flow in the gutter or enter the State drainage system. Where excavations in the shoulder area disturb earth berms, these berms shall be replaced and stabilized in a manner acceptable to the District Maintenance Manager. Water in trench must not be pumped onto the pavement or travelway. A sump hole and pump should be employed if water is present in the ditch or trench and cannot be stopped or diverted. The permittee is prohibited from opening more trench than can be closed in one day.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-31 Trench support

When trench support has been required a Permit Inspector may direct that such trench support be left in place in order to protect the highways from damage by settlement during and after construction. Sheeting and bracing shall be removed to a minimum depth of five feet below the surface unless the Permit Inspector directs otherwise.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-32 Slide and cave-ins

If the pavement, shoulder or sidewalk along the side of the trench or excavation becomes damaged due to slides or cave-ins or other movements ofthe side of an excavation, whether or not it is sheeted, the permittee or his/her contractor shall remove or safeguard the damaged pavement, improved shoulder or sidewalk and take immediate remedial measures to prevent further deterioration of the highway or its appurtenances. The permittee is responsible for replacing the entire amount of pavement, shoulder or sidewalk destroyed by such slides or cave-ins and for satisfactorily repairing or replacing them when damaged by lesser movements.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-33 Jacking, boring or tunnelling

Pipes and conduits crossing limited access highways, highways with heavy traffic, in areas of deep excavations or other special circumstances, shall be installed by jacking, boring or tunnelling, except where proven to the satisfaction of the State, by the permittee, to be technically impractical. Installations on all other highways, in areas where jacking and boring are technically impractical, or installations parallel to the traffic, may be placed by the open-cut method if approved by the District Maintenance Manager. No jetting or other use of water will be allowed in connection with jacking or boring.

The permittee shall be responsible for careful investigation of the permit area to determine the location of all existing utility, municipal, private or State-owned pipe or conduit lines and service connections. When required, he/she shall submit a plan and profile showing all such lines and indicating, thereon, the location of the proposed installation to be made by them.

When jacking or boring installations are under consideration, the permit applicant shall submit detailed plans showing the method of operation, including the jacking and receiving pits, cradles and thrust blocks. If the plan is approved, the permit will be issued on this basis. The permittee shall submit soil exploration data when required to do so by the District Maintenance Manager.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-34 Blasting

Blasting must be accomplished in accordance with the provisions set forth in the current edition of the "Manual on Storage, Transportation and Use of Explosives and Blasting Agents," available from the State Fire Marshal's Office.

History

• Effective November 1, 1974

Regs., Conn. State Agencies § 13b-17-35 Backfilling

The backfilling of excavations in State highways shall be performed so that the least possible settling will occur. The excavation shall be filled with suitable material and thoroughly tamped in layers not to exceed six inches in thickness. Acceptability of excavated material to be used in the backfill shall be determined by the State.

Tamping shall be by means of mechanical rams, vibrators, hand tamps or by pneumatic tampers. If pneumatic tampers are used they shall have a tamping face area of not less than 50 square inches and each complete assembly shall have a weight of not less than two pounds per square inch. If a hand tamp is used it shall weigh not less than 12 pounds and have a tamping face area of not more than 50 square inches. When approved or directed by the State, the backfill shall be thoroughly consolidated by flushing the excavation with water. When sheeting and bracing are to be wholly or partly removed, this shall be done as backfilling progresses. When backfilling has reached the bottom brace, the latter and its horizontal rangers shall be removed, and this procedure shall be repeated throughout the backfilling operation. The sheeting shall be pulled in short increments, care being taken to avoid significant lateral movements of the sides of the trench. During and after pulling the sheeting, the backfill in the space formerly occupied by the sheeting shall be thoroughly rodded and tamped. The base in the pavement area and shoulder area shall be in accordance with current Standard Specifications for Roads, Bridges and Incidental Construction, as revised, or as directed by the District Maintenance Manager. Unsuitable material must be removed promptly from the work site by the permittee or his Contractor. Backfill around tree roots shall be placed carefully, tamped and puddled to prevent air pockets, root damage or settlement.

Compaction tests of the completed trench backfill may be required prior to the installation of the pavement replacement to ensure that this section's requirements are strictly enforced. Where broken stone bedding is used around the pipe, provision shall be made to physically prevent the encroachment into the voids between the stones of fine material present in the trench backfill material. This may be accomplished by covering the stone with an acceptable plastic sheeting or equivalent material.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-36 Temporary pavement repairs and improved shoulder repairs

As soon as the excavations have been backfilled and tamped, the pavement shall be replaced temporarily by the permittee. The temporary pavement shall consist of bituminous concrete mixture approved by the Inspector, compressed to a minimum depth of two inches on a base in accordance with current Standard Specifications for Roads, Bridges and Incidental Construction, as revised. The surface of the temporary pavement shall not extend above or below the surface of the surrounding permanent pavement and shall be reasonably smooth. The permittee shall be responsible for the temporary pavement and shall keep this pavement in repair until the permanent surface can be replaced. Additional material shall be added, as necessary, as the backfill settles. In any case, if the permittee does not maintain the temporary pavement adequately, the District Maintenance Manager will make the necessary repairs to prevent accidents and the permittee will be charged by the State for this work, with a minimum charge of $400 per incident.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-37 Period of settling

Depending upon the character of the excavation, the depth, the kind of material used in backfilling, the degree of compactness obtained and other conditions, an Inspector may require that the temporary pavement repair of an excavation be maintained until he/she is satisfied that the settlement of the backfill material is practically complete and that the permanent repair can be made without creating a hazard to the users of this highway.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-38 Making repairs on roadsides

In the area between the edge of the shoulder and right-of-way line, backfilled material shall be tamped in excavations in the manner previously described until flush with the surrounding ground surface. Excess material, roots, stones and debris shall be removed by the permittee and all areas affected by his operations shall be left in a neat and orderly condition. As the backfilled material settles, additional material shall be placed by the permittee from time to time, as required, to keep the surface reasonably even. Ater the settlement is completed, the excavated area shall be left by the permittee in as good a condition as before the work started.

Where the operations of the permittee are expected to disturb gardens, lawns or shrubs, the permittee shall secure the District Maintenance Manager's approval, in advance, as to the method of accomplishing the work. The District Maintenance Manager shall designate, at that time, what part, if any, of the removal and restoration shall be done by the State, at the permittee's expense. The permittee shall be responsible for the cost of reestablishing lawns or turfed areas and shall not be relieved of this responsibility until the grass on the seeded or turfed areas has attained a uniformly dense growth with a height of at least three inches.

Grass seed used by the permittee shall be in accordance with State of Connecticut Standard Specifications for Roads, Bridges, and Incidental Construction as revised regarding purity, germination, seed varieties by weight and application rate. Grass seed may be applied by hand or by cyclone-type distributor. In established lawn areas, the permittee may be required to reestablish disturbed areas with suitable sod.

Fertilizer of the commercial type and lime should be applied to the seed bed as required by soil conditions.

Seeding will not be permitted between July 1 and August 15, unless specifically authorized by the District Maintenance Manager.

Loam, when supplied by a permittee, shall consist of loose, friable material without the admixture of subsoil, refuse, rocks, weeds or any other material which will prevent or interfere with the formation of a suitable seed bed. Prior to stripping, it shall have demonstrated by the occurrence of healthy crops, grass or other vegetative growth upon it, that it is of good quality and reasonably well-draining. The permittee shall inform the Permit Inspector of the source of the topsoil prior to transporting it to the project, to afford the State Bureau of Highways the opportunity to examine it. Any loam spilled on the surface of the State highway during haulage shall be removed promptly, before it becomes compacted by traffic. Such material, when removed, must not be cast upon the roadsides.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-39 Responsibility for replacement of pavement, shoulders and other parts of the highway

Portions of the highway damaged by the permittee's operations shall be repaired or replaced to the satisfaction of the District Maintenance Manager at the permittee's expense. In excavated areas where concrete pavement had been overlaid with bituminous concrete, the District Maintenance Manager will determine whether Portland cement concrete or pre-mixed bituminous concrete will be used for the permanent repair.

The replacement of highway signs, highway monuments and all historical monuments shall be performed by the Transportation Department at the permittee's expense.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-40 Quality of construction and repair work

Construction, repair and maintenance work done by a permittee shall be of the highest grade and materials used shall be of the best quality for each class of work performed. All work shall conform to the specifications of the Department and to recognized standards of construction, repair and maintenance, and must be acceptable to the District Maintenance Manager.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-41 Final inspection, acceptance of work and closing out of permits

Final inspection of work performed under permit will be made by the applicable District personnel. The purpose of such inspection is to ascertain whether the work has been performed according to the terms of the permit and in a manner satisfactory to the Department. In any case, before the work will be accepted, the traveled way, shoulders, roadside, ditches and other parts of the highway must be placed in as good a condition as before the work was started.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-42 Refusal to do acceptable work

If, at any time, a permittee refuses or neglects to conduct the work or furnish material as directed, the Permit Inspector shall stop the work immediately, and shall cause the permittee to arrange for a change of workmen, materials and methods. If the permittee thereafter refuses to comply with the instructions of the Permit Inspector, the District Maintenance Manager, through the Transportation Commissioner, may revoke the permit and restore the highway right-of-way and charge the permittee for all costs of this work.

History

• Effective September 2, 1980

Regs., Conn. State Agencies § 13b-17-43 Revoking permits

Any permit issued by the Department of Transportation is revocable immediately upon written notification to the permittee by the District Maintenance Manager.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-44 Keeping drainage system open

The work performed under permit shall be planned and carried out so that the drainage system of the highways is effective at all times. Any costs for damages arising from the failure of a permittee to properly keep culverts, ditches, catch basins or any other drainage device from becoming obstructed must be borne by the permittee, and the deposit guarantee or performance bond shall be held by the Department until such damages are paid. When it is necessary to use a ditch or gutter area for the storage of excavated materials, supplies, construction materials or equipment, pipe or culvert of sufficient size adequate to handle normal runoff shall be placed temporarily in the ditch or gutter before the work starts. Extreme care must be exercised to see that such culverts are kept clean at all times.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-45 Protecting tree roots

The greatest care shall be exercised to protect tree roots from damage, not only when excavating but also on all subsequent operations of construction and backfilling. Power machinery, such as trench diggers and shovels, shall not be allowed to operate within the root areas of trees in State highways except when specifically authorized by the Department. When roots are encountered near the base of a tree, the permittee will be required to tunnel under the root systems as directed by the Inspector. When earth has been removed from around tree roots, the roots shall be protected by wrapping with burlap or by covering with mulch. When excavated materials must be piled around the base of trees, the trunks shall be wrapped with burlap from the ground surface to a height well above that of the materials. No stones, metal products, lumber or other hard substances shall be piled in direct contact with burlap so placed. A section of trench passing within the confines of the crown spread of any tree shall be backfilled with a soil having texture and fertility sufficient to sustain plant life. No rubbish or rock shall be placed in this area at any time. Where trench sheeting or bracing is necessary within the root areas of trees on State highways, it shall be placed so that the root systems sustain the least damage.

History

• Effective November 1, 1974

Regs., Conn. State Agencies § 13b-17-46 Detours

When, in the opinion of the District Maintenance Manager, the pavement of a State highway may be obstructed by the permit applicant's proposed operations to such extent as to unduly restrict public usage or make hazardous its use and a parallel town road bypass is available, the following procedures shall apply:

(1) The permit applicant shall secure written permission from the town to establish a temporary detour via town roads. Any commitment made to the town and all expenses incurred by the permittee as a result of the establishment, use and restoration of said detour shall be the entire responsibility of the permittee.

(2) The permittee shall notify the State and local police and local fire department of the layout and expected time of use of the detour.

(3) Upon receipt of a written statement from the town that it has authorized a permittee to establish a detour, the permittee, at his own expense, shall supply and maintain such signs and other traffic controls as may be required on the detour.

(4) Unless the District Maintenance Manager grants special permission to the contrary, the permittee shall close all excavations in the State highway right of way by the end of the work day and the right of way shall not be obstructed or restricted from sunset to sunrise. If special permission is granted by the District Maintenance Manager to allow an excavation to remain open overnight, the special precautions described under "SAFETY TO TRAFFIC" shall be rigidly enforced. Safety regulations apply to pedestrians as well as vehicle operators.

(5) Preliminary to the detouring of State highway traffic to the local road bypass, an inspection shall be made by representatives of the State, town and permittee to determine the adequacy of the signs and the structural condition of the town roads concerned. A second inspection shall be made by the same persons when the detour is terminated so that there will be agreement as to the extent of repairs to be made by the permittee to restore the conditions equal to those existing prior to the establishment of the detour.

(6) Before the permittee shall be released from his/her obligations under the terms of his/her permit he/she must present to the District Maintenance Manager a statement, in writing, from the town or municipal government indicating that he/she has fulfilled the conditions stipulated by the local government when he/she was granted authority to establish the town road detour.

History

• Effective August 27, 1992

Regs., Conn. State Agencies § 13b-17-47 (Repealed)

Repealed August 27, 1992.

Regs., Conn. State Agencies § 13b-17-48—13b-17-99 Reserved

Sec. 13b-17-48—13b-17-99. Reserved

Regs., Conn. State Agencies § 13b-17-100—13b-17-155 (Repealed)

Repealed October 6, 1997.

Regs., Conn. State Agencies § 13b-17-100a Procedures governed

Sections 13b-17-100a through 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies govern practice and procedures before the Department of Transportation, in all contested cases and proceedings on petitions, regulations or declaratory rulings under the applicable laws of the State of Connecticut.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-101a Definitions

As used in sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies for the purpose of these sections:

(1) "Agency" means the Department of Transportation.

(2) "Annexed materials" means any and all documents, petitions, exhibits, data, models, illustrations and other materials that the petitioner deems necessary and desirable to support the granting of an application.

(3) "Appellant" means a person who takes an appeal to the commissioner from any transit district within the State of Connecticut.

(4) "Applicant" means a party applying for any license, permit, certificate, or authority from the commissioner.

(5) "Case-in-chief" means the main part of a person's case when all of the evidence that will be used in support of his case is submitted to the commissioner.

(6) "Citation" means a notice served upon a holder of a license, permit, or certificate alleging a violation of a statute, regulation, license or order administered or issued by the commissioner or any other violation relevant to the licensed activity, based upon a complaint initiated by any person or the agency.

(7) "Commissioner" means the commissioner of transportation or his designee.

(8) "Complainant" means any person who complains to the commissioner of any act or omission in violation of statutes or regulations within the jurisdiction of the commissioner or an order of the commissioner.

(9) "Document" means and includes, but is not limited to, applications, briefs, complaints, correspondence, exhibits, forms, lists, memoranda, motions, notices petitions and all other written material filed for the purpose of any proceeding before the commissioner.

(10) "Hearing" means that portion of the agency's procedures required by law in the disposition of matters delegated to the commissioner's jurisdiction wherein an opportunity for a presentation of evidence and argument occurs, which is preceded by due notice and which includes both an opportunity present such written and oral testimony and argument as the presiding officer deems appropriate and an opportunity for parties to examine and cross-examine any witness giving testimony therein. Any such hearing shall be a public hearing.

(11) "Motion" means any procedural request to the commissioner as part of a proceeding.

(12) "Operator" means a holder of a license granted by the order of the commissioner which authorizes activities under the jurisdiction of the agency.

(13) "Operating Authority" means any license granted to an operator by the order of the commissioner which authorizes activities under his jurisdiction.

(14) "Petition" means a request to the commissioner to take formal action pursuant to chapter 54 of the Connecticut General Statutes.

(15) "Petitioner" means a person who has filed a petition with the commissioner.

(16) "Proceeding" means the regular and orderly progress of agency action pursuant to chapter 54 of the Connecticut General Statutes.

(17) "Representative" means an attorney at law, duly admitted to practice before the Superior Court of the State of Connecticut or any other person who appears before the agency in any hearing or proceeding, on behalf of a party or intervenor.

(18) "Respondent" means a person against whom an order or a citation is directed. (19) "Statute" means appropriate and applicable sections of the Connecticut General Statutes, as revised.

(19) "Statute" means appropriate and applicable sections of the Connecticut General Statutes, as revised.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-102a Applicability, purpose and construction

(a) Sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies, shall govern in all agency proceedings except that other substantive regulations of the agency, which are specific to certain proceedings, shall take precedence. Other procedural regulations of the agency which impose requirements in addition to those imposed by said sections shall also apply.

(b) As used in this section, words in the singular include the plural, words in the feminine include the masculine or neuter and vice versa, as the case may be.

(c) Sections 13b-17-100a through 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies shall apply on and after their effective date to every agency hearing or proceeding, whether such hearing or proceeding commenced before or after such effective date, except where application to a hearing or proceeding that commenced before such effective date would unavoidably result in unfairness to any party or intervenor or would prejudice the public health, safety or welfare.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-103a Construction and amendment

Sections 13b-17-100a through 13b-17-152a, inclusive, of the Regulations of Con-necticut State Agencies shall be so construed by the commissioner so as to secure the just and speedy determination of the issues presented in hearings and proceedings.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-104a Computation of time

In computing any period of time prescribed or allowed by sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, or by an order, ruling, proposed final decision, final decision, regulation, license or other action of the commissioner, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a state designated holiday, in which case the last day shall be the day immediately following said Saturday, Sunday or state designated holiday which is not a Saturday, Sunday or state designated holiday.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-105a Extension of time

At the discretion of the commissioner, for good cause shown, any time limit prescribed or allowed by sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, may be extended, except where specified or prohibited in the Connecticut General Statutes. All requests for extensions shall be made before the expiration of the period originally prescribed or as previously extended. The commissioner shall cause all parties to be notified of the action upon any such motion.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-106a Date of filing

The submission of all notices, correspondence, memoranda, motions, exhibits, briefs, petitions, complaints, applications or any other document shall be deemed to have been filed on the date they are stamped at the agency office as described in subsection (c) of section 13b-17-117a.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-107a Effect of filing

(a) The filing with the agency of any document, or any other filing of any nature whatsoever shall not relieve any person of the obligation to comply with any statute, regulation or order of the commissioner.

(b) Unless the commissioner provides otherwise in writing, accepting the filing of any non-conforming document of any kind whatsoever, shall not be construed as a waiver of compliance with sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies.

(c) Any document filed pursuant to said sections shall be public record, except when expressly excluded by state or federal law.

(d) All cited deficiencies in any filed document shall be corrected by the party filing the document, and if ordered, within the time period so designated by the commissioner. Failure to correct cited deficiencies in the manner directed by the commissioner or in the time period so stated, shall be grounds for denying or rejecting an application or filing for lack of proper submission.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-108a Acceptance or rejection of filing non-waiver

(a) By accepting the filing of any document of any kind, whatsoever, the commissioner shall not have waived any failure to comply with sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies. Where appropriate, the commissioner may reject any filing or require the amendment of said filing.

(b) Where the regulations of the agency require that specific exhibits or data be prepared and submitted as part of any petition or application, and the petition or application is not in compliance with the regulations of the agency or the law as enumerated in the statutes, the commissioner may reject and return to the sender any petition or application that the commissioner finds to have failed to comply with such criteria for the submission of information pursuant to this section and section 13b-17-118a.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-109a Consolidation

Proceedings involving related questions of law or fact may be consolidated in the discretion and as directed by the commissioner.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-110a Rules of conduct of parties, intervenors and representatives

(a) A party or intervenor may appear in person or by representative. The representative shall be deemed to have appeared as the agent of said party or intervenor. Each party, intervenor or representative thereof shall promptly file, with the agency, a written notification of appearance. Any person appearing on behalf of the party or intervenor is deemed to be authorized to act on behalf of said party or intervenor.

(b) Each person making an appearance before the commissioner is subject to the agency's regulatory jurisdiction in connection with any hearing and shall promptly notify the agency, in writing, in order that same may be made a part of the record.

(c) The Rules of Professional Ethics and the Code of Judicial Conduct as adopted and approved by the Judges of the Superior Court shall govern the conduct of all attorneys in any proceeding before the agency on behalf of any public or private person, firm, corporation or association.

(d) Any attorney, agent, representative or any other person present at any proceeding before the agency who engages in disruptive behavior or misconduct that prevents or disrupts an orderly hearing or proceeding may be removed from or limited in further participation, at the discretion of the commissioner.

(e) Any person who testifies falsely to any material fact in any contested case wherein he has given oath or affirmation or who willfully falsifies any account, book, paper, record, report, financial statement or any other exhibit that is made a part of the record in any contested case with the intent to mislead or deceive the commissioner shall be referred to the state's attorney for prosecution, as provided by law.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-111a Client absenteeism

Party or intervenor status shall not be granted to any person, whether represented or not, seeking such status unless the person seeking status is present at the hearing.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-112a Time of commencement of proceeding

The commencement of each proceeding shall differ when considering the following:

(1) Contested Case: Upon the date of service of the initial notice of hearing wherein a party's rights, duties, and privileges are to be determined;

(2) Declaratory Ruling: Upon receipt of filing of petition requesting a declaratory ruling from the agency;

(3) Reconsideration of Final Decision: Upon receipt of filing of petition requesting reconsideration, or upon the commissioner's own motion;

(4) Adoption, Repeal or Amendment of Regulation: Upon receiptof filing of petition requesting adoption, repeal or amendment of a regulation, or upon the commissioner's own motion.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-113a Record

The agency shall maintain the official record of all hearings or proceedings and the record shall be kept in accordance with chapter 54 of the Connecticut General Statutes.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-114a Recording

Any interested person may, after giving notice to the commissioner at least five (5) days prior to the commencement of a hearing, record any portion of a proceeding subject to the direction of the commissioner. The commissioner may limit the number of recording devices in any hearing. These recordings shall not be deemed to be an official record of the agency.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-115a Sanctions

If a party or intervenor has failed to comply with an order of the presiding officer that such party or intervenor comply with a request for production, the presiding officer may make such order as the ends of justice require. Such orders may include the following:

(1) The denial of the petition or application of the party failing to comply;

(2) The entry of an order that the matters regarding which the discovery was sought or other related facts shall be taken to be established for the purposes of the action in accordance with the claim of the party or intervenor obtaining the order;

(3) The entry of an order prohibiting the party who has failed to comply from introducing designated matters into evidence;

(4) The limitation of participation by the party or intervenor who has failed to comply in the hearing on issues or facts relating to the discovery sought;

(5) The enforcement of the order in court.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-116a Office

The office of the agency where all correspondence of any nature shall be filed, including service upon the commissioner, and where all official business and all hearings shall be conducted, unless otherwise notified, shall be at the Department of Transportation, 2800 Berlin Turnpike, Newington, Connecticut. The mailing address is 2800 Berlin Turnpike, P.O. Box 317546, Newington, Connecticut, 06131-7546. The office hours are from 8:30 a.m. to 4:30 p.m. Monday through Friday, excepting Saturdays, Sundays, and state designated holidays.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-117a Service of process

(a) General rule. Service of all documents and other papers filed in all hearings and proceedings, including but not limited to motions, petitions, applications, notices, briefs, and exhibits shall be by personal delivery or by first class mail, except as otherwise designated by the commissioner.

(b) On whom served. In addition to the filing requirements of subsection (a) of this section, one copy of each document served on the commissioner in any hearing or proceeding, by a party, intervenor or representative thereof, shall be served on every person who has requested party or intervenor status or after such a determination, has been designated a party or intervenor in the hearing or proceeding. Certification of such service shall be endorsed on any and all documents and other papers when filed with the commissioner.

(c) Service upon the commissioner, of any document, shall be effective upon receipt at the office of the agency as designated by the official date stamp.

(d) Service of written notice. Written notice of all orders, decisions or authorizations issued by the commissioner shall be given to all parties, by personal service upon such person, by bulk certified first class mail or by certified first class mail, or such other method as the commissioner determines, in accordance with the Connecticut General Statutes.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-118a Formal requirements as to documents and other papers filed in hearings and proceedings

(a) Copies.Except for routine correspondence and inquiries by the public, and as may be otherwise required by sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, or by any other regulations of the commissioner or as ordered or expressly requested by the commissioner, the original of such documents shall be furnished to the commissioner. In addition to the original, there shall also be filed with the agency, four (4) copies, unless a greater or lesser number of such copies is expressly requested by the commissioner.

(b) Form.Except for such forms as may from time to time be provided or adopted by the commissioner and used where appropriate, all documents shall be on only one side of an eight and one half by eleven (8½″ x 11″) inch paper, and shall be double spaced. Copies shall be mimeographed, multigraphed, photoduplicated or similarly reproduced and will be accepted provided all copies filed are clear and permanently legible.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-119a Electronic filing

No document submitted to the agency, pursuant to an order, may be electronically filed without the commissioner's prior consent.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-120a Identification of communications

When the subject matter of any document or any other filing pertains to a hearing or proceeding pending before the commissioner, the title and the docket number of the hearing or proceeding shall be clearly designated on each and every page of said document or other filing pertaining thereto.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-121a Calendar of hearings

The agency shall maintain a calendar of all hearings. Hearings shall be placed on the hearing calendar in the order in which they are docketed, unless otherwise directed by the commissioner. Hearings shall be placed on docket only when the application has been deemed complete by the commissioner.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-122a Agency action

The agency on its own motion, may initiate an investigation or fact-finding proceeding as it deems necessary or upon the receipt of any notice of complaint by any person concerning any matter within the agency's jurisdiction.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-123a Voluntary withdrawal of proceedings

An applicant may withdraw an application at any time, and a petitioner for a declaratory ruling under section 4-176 of the Connecticut General Statutes, as amended, may withdraw the petition at any time. Upon withdrawal of an application or petition, said proceeding shall be deemed terminated. Upon termination of any proceeding, all procedural orders issued by the commissioner are null and void. Any fee, submitted with an application or petition, as required by statute or regulation, shall be considered forfeited to the agency upon withdrawal of said application or petition.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-124a Failure to pursue in a timely manner

When the agency is prepared to go to hearing and notifies the applicant or petitioner, and the applicant or petitioner refuses or is unprepared to go forward, said matter shall be placed at the end of the docket file. If a matter is subsequently called for hearing and the applicant or petitioner again refuses or is unprepared to go forward, said matter shall be deemed a voluntary withdrawal in accordance with section 13b-17-123a.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-125a Time for submission of documents

Submission of any document in support of any party's case shall be made within seven (7) days, unless otherwise prescribed by specific provisions of sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, prior to the commencement of any hearing or as otherwise directed by the commissioner.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-126a Motions

(a) All motions shall (1) be in writing unless made orally on the record, (2) state with particularity the grounds therefore and (3) set forth the relief or ruling sought.

(b) Any party, intervenor or representative thereof, may file a response supporting or opposing the motion within ten (10) days of service of a written motion or such other time as the commissioner may prescribe. The movant shall have no right to reply.

(c) The movant shall have the burden of demonstrating that the relief or ruling sought in the motion should be granted.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-127a General rule

(a) Petitions and applications placed before the agency pursuant to law, including but not limited to petitions for declaratory ruling, petitions for the adoption, amendment or repeal of regulations and applications for any license, shall include any and all proposals and requests, with all required filings of whatever nature.

(b) The petition or application and annexed materials may be treated by the commissioner as a substantially complete statement of the case in chief of the applicant or petitioner and shall be submitted in accordance with section 13b-17-128a.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-128a Required components, generally

(a) Form – The form to be followed in the filing of petitions and applications pursuant to sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies will vary to the extent necessary to provide for the nature of the legal rights, duties or privileges involved therein. In addition to the special provisions for particular types of petitions and applications as described in said sections and provided by statute, all petitions and applications shall include the following:

(1) a statement setting forth clearly and concisely the authorization and relief sought. The statement shall cite by appropriate reference the statutory provision or other authority under which such authorization or relief is to be granted by the commissioner.

(2) the exact legal name of each person seeking the authorization and relief and the address or principal place of business of each such person. If any applicant or petitioner is a corporation, trust, association or other organized group, it shall also give the state under the laws of which it was created or organized.

(3) the name, title, address and telephone number of the representative to whom correspondence or communications in regard to the applicant or application shall be addressed. Notice, orders and other papers may be served upon the person so named; and such service shall be deemed to be service upon the petitioner or applicant.

(4) a concise and explicit statement of the facts on which the commissioner is expected to rely in granting the authorization and relief sought.

(5) an explanation of any unusual circumstances involved in the petition or application to which the commissioner will be expected to direct particular attention, including the existence of emergency conditions or any request for the granting of interlocutory relief by way of an interim order in the proceeding.

(6) as to all applications for operating authority, there shall be submitted the results of a criminal history conviction information search provided by the state police in the state in which each of the following resides to the extent that such search is authorized by the Connecticut General Statutes for such authority: (A) where the proposed operator or transferee is an unincorporated sole association, each proprietor, partner and association member; (B) where the proposed operator or transferee is incorporated, or a limited liability company, each officer of the corporation, each person owning ten (10%) per cent or more of the outstanding debt or equity of the operator or transferee, and each member or the manager of the limited liability company.

(b) Additional evidence submitted. The enumeration of required items set forth in subsection (a) of this section as the minimum application or petition submission shall not preclude the submission of additional evidence in accordance with sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, at the discretion of the commissioner.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-129a Original records

When the commissioner so requires, any party, intervenor or representative thereof shall furnish or make available to the commissioner, witnesses, records, physical evidence, papers and documents relative to a proceeding in accordance with chapter 54 of the Connecticut General Statutes. Failure to comply with the commissioner's request shall result in action pursuant to section 13b-17-115a.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-130a Fees

All application fees or other charges required or authorized by law shall be payable to the Treasurer, State of Connecticut, at the time that the application is filed. Any fees submitted with an application shall be non-refundable.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-131a Subsequent filing of application

A final decision or judgment shall have been rendered and become effective before any applicant may file a subsequent application seeking additional operating authority of the same type of service, in the same or overlapping territory which is the subject of the pending proceeding.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-132a Waiver of rules

At the discretion of the commissioner or any presiding officer where good cause appears, the commissioner or any presiding officer may permit deviation from sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, except where specified or prohibited in the Connecticut General Statutes.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-133a Purpose of hearing

The purpose of a hearing in a contested case shall be to provide all parties whose legal rights, duties and privileges are to be determined, an opportunity to present evidence and arguments on all issues.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-134a Place of hearing

Unless a different place is designated by direction of the commissioner, all hearings shall be held at the office of the Department of Transportation, pursuant to section 13b-17-116a. The commissioner shall give written notice, as required by law, by newspaper publication and by any other means as the commissioner deems appropriate and advisable.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-135a Date and time of hearing

All hearings shall commence at the specific date and time designated by the commissioner. Failure of any party, intervenor, petitioner or representative thereof to appear at the designated date and time of such hearing as specified by the commissioner within thirty (30) minutes of noticed time for such hearing may result in the imposition of sanctions pursuant to section 13b-17-115a.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-136a Order of procedure at hearings

(a) In hearings on complaints, applications and petitions, the party that shall open and close the presentation of any part of the matter shall be the complainant, applicant or petitioner. In a case where the opening portion has already been submitted in written form as provided by sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies, the applicant shall open with the introduction into evidence of said written information previously submitted and the hearing shall then continue with the cross examination of persons who have given written testimony.

(b) In the event that any person has given written testimony and has been subpoenaed but is not available for such cross examination at the time and place directed by the commissioner, all of such written testimony may be stricken from the record at the direction of the commissioner.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-137a Burdens of proof

In a proceeding on an application, the applicant shall have the burden of going forward with evidence and the burden of persuasion with respect to each issue which the commissioner is required, by law, to consider in deciding whether to grant or deny the application.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-138a Notice of hearing

(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice. Reasonable notice shall be deemed to be written notice of the date and time of hearing sent by the agency no later than fourteen (14) days prior to the date of the hearing.

(b) Notwithstanding subsection (a) of this section, in a hearing on a citation, notice of such hearing shall not be less than fourteen (14) days prior to the date of the hearing on the citation.

(c) Nothing in sections 13b-17-100a to 13b-17-152a, inclusive, of the Regulations of Connecticut State Agencies shall preclude a summary suspension of a license pursuant to chapter 54 of the Connecticut General Statutes.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-139a Bill of particulars

Any party may request a bill of particulars containing a more definite and detailed statement of facts from the commissioner, no later than seven (7) days after notice is issued. Upon receipt of such request, if the commissioner finds that a more definite and detailed statement of such facts is necessary and appropriate, a bill of particulars shall be prepared as directed by the commissioner and a copy sent to each person requesting party or intervenor status.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-140a Disposition of case

Any contested case may be resolved by stipulation, agreed settlement, consent order or default upon the approval of such resolution by the commissioner.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-141a Petition for designation as party or intervenor

(a) Filing of Petition. Any person who proposes to be named or admitted as a party to any proceeding shall comply with the requirements of chapter 54 of the Connecticut General Statutes.

(b) Contents of Petition.

(1) The petition shall state the exact legal name of each person seeking relief and the last known address of the residence or the principal place of business of each person. If petitioner has received operating authority from the commissioner, it shall attach to said petition a copy of its present operating authority along with a list of all motor vehicles presently registered to the petitioner under Title 14 of the Connecticut General Statutes relating to motor vehicles.

(2) The petition shall state the name, title, address and telephone number of the representative to whom correspondence or communication in regard to the petition is to be addressed.

(3) The petition shall further state the relief sought by petitioner; the statutory and regulatory authority for such petition; and the nature of the evidence, if any, to be presented at hearing.

(4) There shall be annexed to the petition, any exhibits, data, models, illustrations, and all other materials that the petitioner deems necessary and desirable to support the granting of the petition.

(5) Each petition shall certify that the applicant and all other known petitioners have received a copy of the petition and all materials annexed thereto.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-142a Persons not named as a party or intervenor

At the discretion of the presiding officer, any person or entity not named as a party or intervenor may be given the opportunity to present an oral or written statement. The presiding officer may require any such statement to be given under oath or affirmation.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-143a Requests for continuances

Continuances of any hearing may be granted upon motion of any party under the following circumstances:

(1) When any party or representative of record for good cause is unable to attend and when a substitute representative cannot be provided; or

(2) Other good cause as determined by the commissioner. Failure to adhere to this policy may result in the imposition of sanctions pursuant to section 13b-17-115a; and

(3) No undue burden is placed upon the commissioner.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-144a Powers and duties of the presiding officer

(a) The presiding officer shall conduct a fair and impartial proceeding, assure that the relevant facts are fully elicited, adjudicate issues of law and fact and prevent delay and harassment.

(b) In addition to any other powers provided by law and limited to the proceeding for which the person is presiding officer, said presiding officer shall have the power to:

(1) Determine the scope of the hearing;

(2) Dispose of motions and requests;

(3) Make all necessary or appropriate rulings with regard to evidentiary matters;

(4) Administer oaths and affirmations;

(5) Subpoena witnesses and evidence;

(6) Examine witnesses and control the examination of witnesses;

(7) Consolidate proceedings or portions thereof; and

(8) Issue proposed or final decisions.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-145a Prehearing conferences

(a) The commissioner may on motion or on his own initiative and prior to a hearing, schedule and hold a prehearing conference among the parties and intervenors and the representatives thereof to:

(1) Clarify and simplify factual and legal issues in dispute;

(2) Rule on stipulations of facts and evidence;

(3) Pre-mark exhibits to be offered or admitted into evidence;

(4) Dispose of pending motions and disputes;

(5) Take such other actions as may aid in the orderly and expeditious disposition of the proceeding.

(b) Each party and intervenor and representative thereof shall appear at the prehearing conference. Upon failure to appear without good cause, and at his discretion, the hearing officer may proceed with the conference and may make decisions concerning all matters for which the conference was scheduled. Such decisions shall bind all parties and intervenors.

(c) At least one representative of each party and intervenor participating in the prehearing conference shall have authority to enter into stipulations and to make admissions regarding all matters that the participants should reasonably anticipate may be discussed at said conference.

(d) After the prehearing conference, the presiding officer may issue a prehearing conference order. The prehearing conference order shall, unless modified by the hearing officer on the record, control the subsequent course of the proceeding.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-146a Generally

Rules of evidence as set forth in section 4-178 of the Connecticut General Statutes shall govern all contested cases conducted by the agency.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-147a Advance submission of proposed evidence

(a) A party or intervenor shall, regardless of whether a prehearing conference is held, and unless an earlier filing is required by the presiding officer, or a later filing is allowed for good cause shown, file with the agency, no later than seven (7) days prior to the hearing an original and four (4) copies of all prepared testimony and/or exhibits and documents intended to be introduced as evidence in a hearing by any party or intervenor.

(b) A party or intervenor shall not call any witness as an expert witness unless such expert has been disclosed seven (7) days prior to the hearing. Said disclosure shall include his education, experience and the subject matter on which he will testify.

(c) At the time the party or intervenor files the proposed evidence with the agency, he shall serve a copy thereof on all of those who have petitioned the agency for party or intervenor status.

(d) The commissioner may admit into evidence any document or testimony which was not submitted or identified prior to the hearing in accordance with subsection (a) of this section, upon a showing of good cause as to why the evidence was not prefiled as required by said subsection (a). If the commissioner admits such document or testimony, he may grant a continuance to any party or intervenor prejudiced thereby.

(e) Nothing in this section shall require the agency to submit evidence to the respondent in advance of the date of a hearing on a citation.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-148a Limitation of witnesses and hearing time

(a) To avoid irrelevant, immaterial or unduly repetitious evidence, the commissioner may limit the number of witnesses or the time for testimony in the course of a hearing.

(b) Cross-examination may be conducted by a party, by the commissioner and by any other member of the agency connected with the contested case as the commissioner shall find to be required for a full and true disclosure of the facts, subject to subsection (a) of this section.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-149a Filing of added documents and exhibits

(a) The commissioner, prior to issuing a final decision, may request any additional documents or evidence during or after the hearing necessary for the disposition of the case. The commissioner may further investigate or order such investigation on any aspect of the evidence presented at the hearing in order that a just and equitable final decision is rendered.

(b) Within ten (10) days after the commissioner mails notification that such additional evidence has been received by the commissioner, a party may request an opportunity for cross examination. The commissioner may grant an opportunity for cross examination limited solely to such additional evidence.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-150a Notice of agency expertise

The commissioner shall employ the agency's experience, technical competence and specialized knowledge and expertise in evaluating the evidence at the hearing.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-151a Requests for oral argument and/or written exceptions

If a proposed final decision is issued, any party may make written request for oral argument and/or may file with the commissioner written exceptions thereto within fourteen (14) days after mailing of the proposed final decision. Unless otherwise specified by the commissioner, exceptions shall state with particularity the party's objections to the proposed final decision, and may not raise legal issues or factual issues which could have been, but were not, raised at the hearing. A date and time shall then be set for oral argument and all parties shall have the opportunity to present their arguments for a time period of no more than fifteen (15) minutes, unless such other time period is allowed by the commissioner.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-152a Petition for reconsideration

(a) All petitions for reconsideration shall be submitted in accordance with section 13b-17-128a. The contents of the petition for reconsideration shall state:

(1) the error of law or fact that should be corrected;

(2) the new evidence that has been discovered and how it materially affects the merits of the case and why the evidence was not presented at hearing; or

(3) good cause.

(b) The petition shall:

(1) specifically state the relief sought by petitioner and the statutory and regulatory authority for such relief;

(2) state the exact legal name of each person seeking to petition for relief and the last known address of the principal place of business of each person; and

(3) state the name, title, address and telephone number of the representative or petitioner to whom correspondence or communication in regard to the petition is to be mailed.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-153a—13b-17-199a Reserved

Sec. 13b-17-153a—13b-17-199a. Reserved

Regs., Conn. State Agencies § 13b-17-200a Form of petition

(a) Any petition submitted pursuant to section 4-176 of the Connecticut General Statutes shall be sent to the office of the agency by mail or delivered in person during normal business hours. Such petition shall state with specificity:

(1) the exact legal name of the Petitioner and the last known address of the principal place of business of each person;

(2) the name, title, address and telephone number of the attorney or other person to whom correspondence in regard to the petition is to be mailed;

(3) the substance and nature of the request; identifying the regulation, final decision or order concerning which the inquiry is made and shall identify the particular aspect to which the inquiry is directed.

(b) The request for declaratory ruling shall be accompanied by a statement of any supporting data, facts, and arguments that support the position of the person making the inquiry.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-201a Procedure after petition filed

(a) The agency may receive and consider data, facts, arguments and opinions from persons other than the petitioner.

(b) If the agency deems a hearing necessary or helpful in determining any issue concerning the request for a declaratory ruling, the agency shall schedule such hearing and give such notice thereof.

(c) If the agency conducts a hearing in a proceeding for a declaratory ruling, the provisions of subsection (b) of section 4-177c, section 4-178 and section 4-179 shall apply to the hearing.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-202a Procedural rights of persons with respect to petitions

With respect to any petition filed for a declaratory ruling, a person may request party or intervenor status in accordance with Section 13b-17-141a of the Regulations of Connecticut State Agencies or may participate in the proceeding in accordance with Section 13b-17-142a of the Regulations of Connecticut State Agencies.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-203a—13b-17-225a Reserved

Sec. 13b-17-203a—13b-17-225a. Reserved

Regs., Conn. State Agencies § 13b-17-226a Generally

Any interested person may petition the agency requesting the adoption, amendment or repeal of any regulation.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-227a Form of petition

(a) The form for each petition for the adoption, amendment or repeal of a regulation shall include the following components:

(1) a statement setting forth the statutory authorization for such petition;

(2) the exact legal name of each petitioner and the last known address of the principal place of business or residence of each said petitioner. If the person is a corporation, it shall annex to said petition a copy of its certificate of incorporation from the Secretary of the State of Connecticut or sufficient evidence indicating the certificate of incorporation is forthcoming and a copy of its biennial report listing the names of directors and officers. If any petitioner is a general partnership, limited partnership or any other organized group, or has adopted a trade name, it shall set forth in the application the state under the laws of which it is created or organized and, where applicable, annex to said petition a copy of the trade name certificate that was recorded on land records of the headquarter's town, or sufficient evidence indicating the certificate is forthcoming;

(3) the name, title, address and telephone number of the representative to whom correspondence or communication, in regard to the petition, is to be mailed. Such individual shall be deemed an agent of said petitioner; and

(4) a discussion detailing views, issues, circumstances, facts and conclusions as to why said petitioner wishes to have a regulation adopted, amended or repealed.

(b) There shall be attached to the petition any and all exhibits, data, models, illustrations, affidavits and any other documents and materials that the petitioner deems necessary or desirable to support the granting of the petition.

(c) Within thirty (30) days after the submission of a petition, the agency either shall deny the petition in writing stating its reasons for the denial or shall initiate regulation-making proceedings in accordance with section 4-168 of the Connecticut General Statutes.

History

• Adopted effective October 6, 1997

Regs., Conn. State Agencies § 13b-17-228a—13b-17-249a Reserved

Sec. 13b-17-228a—13b-17-249a. Reserved

Regs., Conn. State Agencies § 13b-17-156 Definitions

For the purpose of these regulations, definitions as hereinafter prescribed will govern.

1. "Height of a freight car" is the distance between the top of the rail and the top of the running board.

2. "Side of a freight car" is that part or appurtenance of a car at the maximum distance measured at right angles from the center line of the car.

3. "Width of a freight car" is twice the distance from the center line to the side of the car as defined herein.

4. "Overhead clearance" is the normal distance from the plane of the top of the rails to a structure or obstruction above.

5. "Side clearance" is the shortest distance from the center line of track to a structure or obstruction at the side of track.

6. "Main track" is a track on which the authorized speed of train is in excess of thirty miles per hour.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-157 Tracks entering buildings

Reserved

Regs., Conn. State Agencies § 13b-17-158 Side tracks

Reserved

Regs., Conn. State Agencies § 13b-17-159 Equipment for electric operation excepted

Reserved

Regs., Conn. State Agencies § 13b-17-160 Applicability

Minimum side clearances from the center line of tangent railroad tracks, except as hereinafter prescribed, shall be as shown below.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-161 Minimum clearance, generally

All structures and obstructions above the top of the rail, except those hereinafter specifically mentioned, shall have a minimum side clearance of eight feet, six inches.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-162 Platforms

(a) Side clearances at freight platforms, except freight platforms adjacent to mainline or passing tracks, four feet or less above the top of the rail may be reduced to six feet, six inches on both sides of such track or on one side when the track center line distance to an adjacent track is not less than fourteen feet. A notice of limited clearance, approved by the commissioner of transportation, must be clearly posted at freight platform location with reduced clearance on both sides of the track.

(b) Platforms four feet, six inches or less above the top of the rail, when used principally for loading or unloading refrigerator cars, shall be constructed at least eight feet from the center line of track.

(c) Platforms previously constructed at less than the clearance herein prescribed may be extended at such existing clearance, unless extension is in connection with the reconstruction of the original platform.

(d) Low passenger platforms not over eight inches above the top of the rail shall not be less than five feet, two inches from the center line of track.

(e) High level passenger platforms not over four feet, two inches above the plane of the top of rails on adjacent track shall not be less than five feet, seven and one-half inches from the center line of track.

History

• Effective February 3, 1981

Regs., Conn. State Agencies § 13b-17-163 Tracks entering buildings

Side clearances, other than for platforms, on sidings only, at entrances to and inside of warehouse and industrial buildings, shall be not less than eight feet from the center line of track.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-164 Switch boxes and equipment

Switch boxes, switch operating mechanisms and accessories, necessary for the control and operation of signals and interlockers, four inches or less above the top of rail shall be not less than three feet from the center line of track.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-165 Signal and switch stands

The center of signal and switch stands three feet or less above the top of the rail and located between tracks, when not practicable to provide clearances otherwise prescribed in these regulations, shall be not less than six feet from the center line of track.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-166 Bridges on main line tracks

The side clearances for through bridges carrying main line tracks may be decreased to the extent defined by a line extending from a point one foot vertically above the top of rail and five feet, nine inches laterally from the center line of track, then diagonally to a point three feet, nine inches vertically above the top of the rail and six feet, six inches laterally from the center line of track, then horizontally for a distance one foot, six inches at a height of three feet, nine inches above the top of the rail to a point eight feet from the center line of track, then vertically to conform with other sections of these regulations.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-167 Tunnels, water and oil columns

Tunnels, water columns and oil columns shall be not less than eight feet from the center line of track.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-168 Miscellaneous obstructions

The clearances for (a) water barrel platforms and refuge platforms on bridges and trestles not provided with walkways, (b) handrails, (c) water barrels, (d) water columns, (e) oil columns, (f) cattle guards and (g) stock chutes, when all or portions thereof are four feet or less above the top of the rail, may be decreased to the extent defined by a line extending diagonally upward from a point level with the top of the rail and five feet distant laterally from the center line of track to a point four feet above the top of the rail and eight feet distant laterally from the center line of track; provided the minimum clearance for handrails and water barrels on bridges with walkways shall be seven feet, nine inches, and provided the minimum clearance for fences of cattle guards shall be six feet, nine inches.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-169 Exception re handrails and water barrels

The lesser clearances authorized in Section these regulations, provided for handrails and water barrels, shall not be applicable to through bridges where the work of trainmen or yardmen requires them to be upon the decks of such bridges for the purpose of coupling and uncoupling cars in the performance of switching service on a switching load.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-170 Exception re mail cranes

The side clearances specified herein shall not apply to mail cranes during such time as the arms of such mail cranes are supporting a mail sack for delivery, provided the top arm is not then higher than ten feet, eight inches above the top of the rail and neither arm extends within six feet, five inches from the center line of track.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-171 Exception re fences

Side clearances specified herein shall not apply to intertrack fences located on the center line between tracks.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-172 Curved tracks

All minimum side clearances prescribed in this part are for tangent tracks. Structures adjacent to curved tracks shall have an additional minimum side clearance compensating for the curvature.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-173 Decrease of clearances

Reserved

Regs., Conn. State Agencies § 13b-17-174 Exceptions

Reserved

Regs., Conn. State Agencies § 13b-17-175 Canopies over freight platforms

Reserved

Regs., Conn. State Agencies § 13b-17-176 Main line and yard tracks, generally

The minimum distance between the center lines of parallel main line tracks shall be not less than thirteen feet and for yard tracks not less than fourteen feet, except as hereinafter provided.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-177 Tracks adjacent to main line or passing tracks

The center line of any track, except a main track or a passing track, parallel and adjacent to a main track or a passing track, shall be at least fifteen feet from the center line of such main track or passing track; provided, where a passing track is adjacent to and at least fifteen feet distant from the main track, any other track may be constructed adjacent to such passing track with clearance of not less than fourteen feet.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-178 Ladder tracks

The center line of any ladder track, constructed parallel to any other adjacent track, shall have a clearance of not less than eighteen feet from the center line of such other track, except that parallel ladder tracks shall have a clearance of not less than nineteen feet center line to center line.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-179 Team, house and industry tracks

The minimum distance between the center lines of parallel team, house and industry tracks shall be not less than thirteen feet.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-180 Extension of existing tracks

Tracks constructed prior to May 1, 1956, may be extended without increasing distances between tracks.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-181 Articles on adjacent ground or platform

No merchandise, material or other articles shall knowingly be permitted to remain piled or assembled on the ground or on platforms adjacent to any track at a distance less than eight feet, six inches from the center line of track.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-182 Walkways between tracks

The space between tracks ordinarily used by train and yardmen and other employees as a walkway in the discharge of their duties and the space beside such tracks within eight feet, six inches of the center line thereof shall be kept in a reasonably suitable condition for such purpose.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-183 Minimum clearances on relocation or reconstruction

Except as otherwise provided, where the overhead or side clearances between a track and any building, structure or facility are less than the minimum prescribed in these regulations or by statute, but were created prior to May 1, 1956, the minimum clearances prescribed shall be provided whenever the building, structure or facility is relocated or reconstructed.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-184 Construction, maintenance and operation material or equipment

Nothing herein shall be construed as preventing the movement or distribution of material over tracks when such material is necessary in the construction or maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad, provided such movements shall be carried on under conditions reasonably necessary to provide for the safety of all concerned.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-185 Engine houses, shops and facilities

The clearances provided in these regulations shall not apply to engine houses, shops or engine house facilities.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-186 Emergencies

No restricted clearance set out herein shall apply to temporary construction made necessary on any construction project or temporary emergency conditions caused by derailments, washouts or other unavoidable disasters.

History

• Effective October 3, 1979

Regs., Conn. State Agencies § 13b-17-187—13b-17-299 Reserved

Sec. 13b-17-187—13b-17-299. Reserved

Regs., Conn. State Agencies § 13b-17-300 Definitions

As used in sections 13b-17-300 to 13b-17-308, inclusive, of the Regulations of Connecticut State Agencies:

(a) "Department" means the Department of Transportation.

(b) "Commissioner" means the Commissioner of Transportation.

(c) "Deputy Commissioner" means the Deputy Commissioner of Transportation.

History

• Effective July 7, 1998

Regs., Conn. State Agencies § 13b-17-301 Description of organization

(a) The Department was established by the State Transportation Act in 1969, Public Act No. 768, which brought under one Department the responsibilities, functions, and resources of the Highway Department, the Department of Aeronautics, the Connecticut Transportation Authority, and the Commission of Steamship Terminals. The Department is responsible for all aspects of the planning, development, maintenance, and improvement of transportation in the State of Connecticut.

(b) The Department is headed by the Commissioner who is appointed by the Governor in accordance with the provisions of sections 4-5 to 4-8 of the Connecticut General Statutes. The Commissioner's general powers, duties, and responsibilities are outlined in section 13b-4 of the Connecticut General Statutes.

(c) The Commissioner is assisted by the Deputy Commissioner. The Deputy Commissioner performs such duties and responsibilities as assigned by the Commissioner. In the event of the absence, disability, or disqualification of the Commissioner, the Deputy Commissioner performs all functions and has all powers and duties of the Commissioner.

History

• Effective July 7, 1998

Regs., Conn. State Agencies § 13b-17-302 Office of the commissioner of transportation

The Commissioner's staff is responsible for: (a) insuring compliance with affirmative action and equal opportunity laws and regulations in all operational areas and in all employment areas for both current and prospective employees; (b) coordinating all legislative activity in the Department; (c) gathering opinions of the public on the conduct of affairs of the Department and keeping the public informed through the media of the activities, progress, plans, public hearings, and services rendered by all bureaus of the Department; (d) providing the Commissioner with timely and effective financial and operational internal audits and reviews of all aspects of Department operations and providing security related functions; (e) coordinating all activities of the State Traffic Commission which is composed of the commissioners of Transportation, Motor Vehicles, and Public Safety; (f) administering consultant selection panel and negotiation panel activities; and (g) operation of the Department of Transportation Library.

History

• Effective July 7, 1998

Regs., Conn. State Agencies § 13b-17-303 Bureau of aviation and ports

The Bureau of Aviation and Ports is responsible for all aspects of air and waterborne transportation falling under the jurisdiction of the Department, including but not limited to: (a) the development, maintenance, and operation of State-owned airports which include Bradley International, Groton-New London, Hartford-Brainard, Waterbury-Oxford, Windham, and Danielson; (b) the licensing and regulating of aviation facilities in the State; (c) the development of aviation safety programs in close liaison with the Federal Aviation Administration; (d) the licensing of pilots and shipping agents on Connecticut's navigable waters; and (e) operation of the Chester/Hadlyme and Rocky Hill/Glastonbury ferries and the State Pier in New London.

History

• Effective July 7, 1998

Regs., Conn. State Agencies § 13b-17-304 Bureau of engineering and highway operations

The Bureau of Engineering and Highway Operations is responsible for all aspects of highway transportation falling under the jurisdiction of the Department, including but not limited to: (a) the design, construction, maintenance, and operation of the State highway system; (b) the design and construction of facilities for all modes of transportation; (c) real property acquisition on all types of transportation projects; (d) sales and leases of State land for the Department; and (e) managing National Highway Safety and Federal Highway Safety Program grants to cities, towns, municipalities, and other State agencies.

History

• Effective July 7, 1998

Regs., Conn. State Agencies § 13b-17-305 Bureau of finance and administration

The Bureau of Finance and Administration is responsible for the general administrative functions of the Department including: fiscal services; information systems; property and facility services; contract administration; purchasing and stores; external audits; personnel; training; and employee safety.

History

• Effective July 7, 1998

Regs., Conn. State Agencies § 13b-17-306 Bureau of policy and planning

The Bureau of Policy and Planning is responsible for long and short-range planning, managing federal planning and research programs, providing capital transportation policy and assuring that the Department's programs, plans, and projects meet the environmental requirements of State and federal statutes and regulations.

History

• Effective July 7, 1998

Regs., Conn. State Agencies § 13b-17-307 Bureau of public transportation

The Bureau of Public Transportation is responsible for the development, maintenance, operation, regulation, and oversight of safe and efficient transportation services for the movement of people and goods by land that fall under the jurisdiction of the Department, including but not limited to transportation by rail, bus, ridesharing, and motor carrier. The Bureau administers the distribution of authorized financial assistance to privately and publicly owned transportation services for capital improvements and operating expenses.

History

• Effective July 7, 1998

Regs., Conn. State Agencies § 13b-17-308 Requests to the department

Any person wishing to comment on transportation matters falling under the jurisdiction of the Department may submit oral or written data, views or arguments to the Office of the Commissioner.

History

• Effective July 7, 1998

13b-17a Rules of Practice

Regs., Conn. State Agencies § 13b-17a-1—13b-17a-12 (Repealed)

Repealed October 6, 1997.

13b-17b Department Organization and its General Course and Method of Operation

Regs., Conn. State Agencies § 13b-17b-1—13b-17b-11 (Repealed)

Repealed July 7, 1998.

See § 13b-17

13b-20a Procedures for Hiring Consultants as Required by Public Act 79-53

Regs., Conn. State Agencies § 13b-20a-1—13b-20a-11 (Repealed)

Repealed June 21, 1982.

Regs., Conn. State Agencies § 13b-20a-12—13b-20a-25 (Repealed)

Repealed November 5, 1999.

13b-29 Use of DOT Commuter Parking Facilities

Regs., Conn. State Agencies § 13b-29-1 Sale or distribution of goods or services at a commuter parking facility

No person, firm or corporation shall distribute, sell or offer for sale any goods or services within or directly adjacent to and within the right-of-way of or on publicly owned or publicly leased land acquired or used for or in connection with, a Department of Transportation commuter parking facility, with the exception that newspaper-vending machines will be permitted to be properly installed and maintained where designated at these locations, and provided nothing herein shall be construed to prevent the commissioner from licensing travel service facilities at any of these locations.

History

• Effective September 21, 1984

Regs., Conn. State Agencies § 13b-29-2 DOT commuter parking facilities established on privately owned property by license agreement

No activities shall be conducted by any person, firm or corporation in those commuter parking facilities established by the Department of Transportation by license agreement on privately owned property, except the parking of the vehicles of commuters and the activities conducted by the Department of Transportation and its agents, without the express written consent of the property owner, and the commissioner.

History

• Effective September 21, 1984

Regs., Conn. State Agencies § 13b-29-3 Semitrailers and tandem-trailers prohibited

No person, firm or corporation shall park, store or station any tractor-trailer truck, semitrailer truck or tandem-trailer truck or any tractor or trailer unit of any tractor-trailer truck, semitrailer truck or tandem-trailer truck in any Department of Transportation designated commuter parking facility.

History

• Effective September 21, 1984

Regs., Conn. State Agencies § 13b-29-4 Camping prohibited

No person shall cook, camp, overnight camp or establish temporary or permanent residence in any Department of Transportation designated commuter parking facility.

History

• Effective September 21, 1984

13b-31c Designation of Scenic Roads

Regs., Conn. State Agencies § 13b-31c-1 Definitions

(a) "Advisory Committee" means the Scenic Road Advisory Committee established pursuant to these regulations.

(b) "Commissioner" means the Commissioner of the Department of Transportation (DOT).

(c) "Department" means the Department of Transportation (DOT).

(d) "Improvement" means actions or activities initiated by the Department of Transportation which alter or improve a designated scenic road in one or more of the following ways: (1) widening of the right-of-way or traveled portion of the highway, (2) installation or replacement of guide railing, (3) paving, (4) changes of grade, and (5) straightening and removal of stone walls or mature trees.

(e) "Scenic Road" means any state highway or portion thereof that (1) passes through agricultural land or abuts land on which is located an historic building or structure listed on the National Register of Historic Places or the state register of historic places, compiled pursuant to section 10-321 of the general statutes, or (2) affords vistas of marshes, shoreline, forests with mature trees or notable geologic or other natural features.

(f) "State Highway" means a highway, bridge or appurtenance to a highway or bridge designated as part of the state highway system within the provisions of chapter 237 of the Connecticut General Statutes, or a highway, bridge or appurtenance to a highway or bridge specifically included in the state highway system by statute.

History

• Effective May 1, 1989

Regs., Conn. State Agencies § 13b-31c-2 Administration, advisory committee, composition and duties

(a) The Commissioner shall establish a Scenic Road Advisory Committee. This Committee will include representation from the Departments of Transportation, Environmental Protection and Economic Development.

(b) The Advisory Committee shall meet quarterly, unless there is no business, or as necessary to:

(1) Develop a method to systematically evaluate requests for scenic road designation.

(2) Review and evaluate the requests submitted to the commissioner to designate a State highway, or portion thereof, as a scenic road.

(3) Prepare recommendations to the Commissioner as to those highways, or portion thereof, appropriate for designation as a scenic road.

(4) Review Department proposals to evaluate whether the proposed improvement will have an effect upon or alter the characteristics that qualified the highway as scenic.

(5) Recommend alternate courses of action which could avoid, mitigate or minimize adverse effects of the improvement on the scenic road, without compromising the safety of the traveling public.

(6) When conditions of development, zone change or other local action occur they may review the designated scenic road and recommend to the Commissioner any changes in designation.

History

• Effective May 1, 1989

Regs., Conn. State Agencies § 13b-31c-3 Request to designate a highway as scenic

(a) Requests to designate a state highway as a scenic road may be made to the Commissioner by any agency, municipality, group or individual.

(1) Requests for consideration must include a report providing pertinent information on the proposed designated highway. This report shall be prepared by the requesting agency, municipality, group or individual and submitted to the Commissioner. The report shall include the following:

(A) Highway segments or areas to be included.

(B) Description of natural and cultural resources and features of scenic interest.

(C) Existing land use.

(D) Photographs of outstanding and representative scenery.

(E) Properties listed on the National Register of Historic Places and/or state register of historic places.

(b) The Advisory Committee shall make a systematic evaluation of the extent and quality of historic or scenic, natural and cultural resources for the proposed designated scenic road.

(c) The Advisory Committee may review any reports, letters, articles, etc. or any other document which it deems necessary to assist in its recommendation. It may also request additional information from the applicant to clarify any information provided in the report.

(d) Within 90 days of its meeting, the Advisory Committee shall, based on the review of the submitted information report and systematic evaluation of the resources, forward recommendations to the Commissioner for approval or denial of designation. This recommendation will include the identification of the specific features or characteristics which would qualify it as scenic or the reasons why a scenic designation is not considered appropriate.

(e) Within 45 days after receiving the Advisory Committee's recommendation, the Commissioner will approve or deny the request for scenic road designation.

(f) Within 15 days of the Commissioner's determination, the requesting agency, municipality, group or individual shall be informed in writing of the decision and the basis for it.

History

• Effective May 1, 1989

Regs., Conn. State Agencies § 13b-31c-4 Reconsideration of requests to designate a highway

(a) State highways which do not receive a recommendation for designation or are recommended for deletion will receive no further consideration until additional information is presented to the Commissioner. This additional data is limited to the specific item or items which resulted in the denial or deletion of scenic designation. Within 60 days of its meeting to reconsider, the Advisory Committee shall forward its recommendation to the Commissioner for a final decision.

(b) Within 45 days after receiving the Advisory Committee's recommendation, the Commissioner shall render a final decision on the requested designation.

(c) Within 15 days of the Commissioner's final determination, the requesting agency, municipality, group or individual, shall be informed in writing of the final decision and the basis for it.

History

• Effective May 1, 1989

Regs., Conn. State Agencies § 13b-31c-5 Qualifications for a scenic road

(a) In order to qualify for scenic road designation, the state highway under consideration must have significant natural or cultural features along its borders such as agricultural land, an historic building or structure which is listed on the National Register of Historic Places or the state register of historic places or affords vistas of marshes, shoreline, forests with mature trees or notable geologic or other natural features which singly or in combination set this highway apart from other highways as being distinct.

(b) The proposed scenic road shall have a minimum length of 1 mile.

(c) The proposed scenic road shall have development which is compatible with its surroundings and must not detract from the scenic, natural character and visual quality of the highway area.

History

• Effective May 1, 1989

13b-31e Designation of Scenic Roads

Regs., Conn. State Agencies § 13b-31e-1 Determination of effect upon designated scenic roads

(a) Determination of effect: Improvements proposed to scenic roads shall be reviewed by the Advisory Committee to evaluate whether the improvements will have a significant effect upon or alter the specific features or characteristics that qualified it to be designated as scenic.

(1) No adverse effect: If the Advisory Committee finds that the proposed improvement will not significantly affect these features or characteristics, the undertaking may proceed as proposed.

(2) Adverse effect: If the Advisory Committee finds that the proposed improvement will have a significant adverse impact on the features or characteristics of the scenic road, it shall:

(A) Notify the Commissioner of their finding.

(B) Return the project to the designer with recommended alternate courses of action that could avoid, mitigate or minimize adverse effects of undertaking on the scenic road. These recommendations could include, but are not limited to, consideration of a waiver of Department or Federal standards, the use of tinted pavements, stone wall replacements and tree or shrub replacements.

(C) If alternatives or waivers are not considered to be feasible by the designer, the Advisory Committee shall make recommendations to the Commissioner as to whether the project should be constructed as proposed.

(D) In all cases, the Commissioner shall make the final determination as to whether to approve or deny the proposed improvements or alterations.

History

• Effective May 1, 1989

Regs., Conn. State Agencies § 13b-31e-2 Public notification of proposed improvements or alterations to a designated scenic road

(a) For those highway construction or maintenance activities that a majority of the Advisory Committee determines to constitute an "improvement" to a designated scenic road within the meaning of Section 1 (d) of this regulation, the Department shall publish, in a newspaper of general circulation in the area of the proposed improvements, a notice describing the alteration or improvement. There shall be a thirty (30) day comment period following this notice during which interested persons may submit written comments.

(b) The Advisory Committee shall review and evaluate all written comments. A report of findings will be prepared outlining the resolution of the various comments and forwarded to the Commissioner.

(c) In all cases, the Commissioner shall make the final determination as to whether to approve or deny the proposed improvements or alterations.

History

• Effective May 1, 1989

Regs., Conn. State Agencies § 13b-31e-3 Special improvement and maintenance standards for scenic roads

(a) At the time a highway is officially designated as scenic, the characteristics responsible for this designation shall be clearly identified and recorded. Any alteration to a scenic road shall maintain these characteristics, if practical.

(b) Improvements to scenic roads shall be developed in conformity with current Department design and/or maintenance standards for the type road unless it is determined that using such standards will have a significant adverse impact upon the roadway's scenic characteristics. In which case, exemption from Department or Federal standards may be considered to preserve the roadway's scenic qualities.

(c) In designing improvements to and/or preparing for maintenance on a designated scenic road, special consideration should be given to the following:

(1) Widening of the Right of Way: The Department may not purchase additional property along a designated scenic road unless the Commissioner has first determined that property acquisition is necessary. The area purchased should be kept to a minimum with the need and use outlined in a detailed report to the Commissioner.

(2) Widening of the Traveled Portion: Wherever possible and as safety allows, roadway widening should be kept to a minimum width and accomplished within the existing highway right-of-way. The Department may not widen or issue a permit to allow others to widen any portion of a designated scenic road unless the Commissioner has first determined, after review and approval of a traffic engineering report, that such an improvement is necessary to improve an existing or potential traffic problem.

(3) Guide Rails (Guardrails): Guide rails should be replaced in kind in accordance with current Department standards unless the Commissioner determines after review and approval of a traffic engineering report, that a safety problem exists and another type of guard rail system is necessary for more positive protection.

(4) Paving: Paving is to be accomplished in accordance with current Department standards. The pavement type, drainage appurtenances and curbing installation will be accomplished as required with consideration given to the characteristics of the scenic road. The width of paving should not extend more than 12 inches beyond the existing shoulder.

(5) Changes of Grade: Wherever possible, proposed changes in grade should be designed to a minimum to restrict the impact on the scenic features. Changes of grade must be approved by the Commissioner after review and approval of a traffic engineering report where it has been determined that such an improvement is necessary to improve an existing or potential traffic problem.

(6) Straightening or Removal of Stone Walls: The Commissioner may approve the straightening or removal of a stone wall after review and approval of a traffic engineering report that has determined that such action is necessary to improve an existing or potential safety hazard, improve a sight line restriction, for installation of drainage appurtenances or for other sound reason. The Department will attempt, if practical, to relocate the stone wall within the highway right-of-way or on private property of the abutting property owner. The stone wall should be reconstructed in a manner consistent with its former appearance.

(7) Removal of Mature Trees: Wherever possible and as safety allows, mature trees within the highway right-of-way should not be removed. If roadway widening is approved, the alignment should be such as to restrict its impact on mature trees. The Commissioner may approve the removal of mature trees after review of an engineering report which outlines the need.

(8) General Maintenance: All scenic roads shall receive the level of maintenance necessary for safe public travel.

(9) Road Bed Maintenance: Necessary improvements, as determined by the Director of Maintenance, may be made to improve safety, drainage or reduce a maintenance problem, but shall not disturb the scenic characteristics for which the roadway was designated.

(10) Cross Drainage Maintenance: Cross drainage shall be maintained where necessary to prevent damage to the highway, possible washouts and other problems which may be detrimental to the safety of the traveling public.

(11) Vegetation Maintenance: Where necessary for the safety or protection of the traveling public, tree branches and shrubs may be trimmed. Mowing shall be performed as necessary in accordance with Department standards for health and safety requirements.

(12) Sign Maintenance: All informational, regulatory, warning and identification signs shall be erected and maintained as necessary or provided for by the State Traffic Commission.

(13) Winter Maintenance: Winter maintenance procedures shall be conducted in accordance with standard Department policy. Snow and ice control shall be performed in accordance with the latest Department policy.

History

• Effective May 1, 1989

Regs., Conn. State Agencies § 13b-31e-4 Emergency repairs

Should the Commissioner declare an emergency, as specified under Section 13b-26 (f) of the General Statutes, repairs will be made in a manner which will minimize, as much as reasonably possible, the effect upon the features for which the highway was designated as scenic.

History

• Effective May 1, 1989

13b-34 Bus Fares for Connecticut Transit Systems

Regs., Conn. State Agencies § 13b-34-1—13b-34-20 (Repealed)

Repealed September 1, 1992.

Regs., Conn. State Agencies § 13b-34-1a Definitions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective September 1, 1992; Amended January 1, 2004; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-34-2a Fares for Connecticut transit systems (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective October 30, 1995; Amended January 1, 2004; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-34-3a (Repealed)

Repealed January 1, 2004.

13b-38a Traffic Management Plans and Programs

Regs., Conn. State Agencies § 13b-38a-1 Definitions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective June 5, 1991; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38a-2 Eligible agencies (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective June 5, 1991; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38a-3 Funding limits (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective June 5, 1991; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38a-4 Business participation (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective June 5, 1991; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38a-5 Allowable costs (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective June 5, 1991; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38a-6 Notification/grant application (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective June 5, 1991; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38a-7 Awarding grants (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective June 5, 1991; Repealed June 11, 2014

13b-38b Requirements and Standards for Rideshare Organizations’ Handicapped Programs

Regs., Conn. State Agencies § 13b-38b-1 Objective (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective May 12, 1987; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38b-2 Definitions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective May 12, 1987; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38b-3 Responsibilities of the rideshare organizations (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective May 12, 1987; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38b-4 Responsibilities of the state (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective May 12, 1987; Repealed June 11, 2014

Regs., Conn. State Agencies § 13b-38b-5 Penalty (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

• Effective May 12, 1987; Repealed June 11, 2014

13b-38f(b) Procedures for Implementing a Bus Shelter Construction Program As Required by Public Act 79-500

Regs., Conn. State Agencies § 13b-38f(b)-1—13b-38f(b)-5 (Repealed)

Repealed November 5, 1999.

13b-38o Employee Commute Option Program

Regs., Conn. State Agencies § 13b-38o-1—13b-38o-11 (Repealed)

Repealed April 1, 1999.

Regs., Conn. State Agencies § 13b-38o-12 Definitions

The following terms, as used in sections 13b-38o-12 to 13b-38o-17, inclusive, of the regulations of Connecticut State Agencies shall have the meanings provided below:

(1) "Affected employer" means an affected employer as defined in the section 13b-38o of the Connecticut General Statutes;

(2) "Department" means the Connecticut Department of Transportation;

(3) "Commissioner" means the Commissioner of Transportation;

(4) "Employee" means employee as defined in section 13b-38o of the Connecticut General Statutes;

(5) "Employer" means employer as defined in section 13b-38o of the Connecticut General Statutes;

(6) "Traffic Reduction Program" means traffic reduction program as defined in section 13b-38o of the Connecticut General Statutes;

(7) "Traffic reduction plan" means a plan submitted pursuant to section 13b-38p of the Connecticut General Statutes; and

(8) "Work location" means work location as defined in section 13b-38o of the Connecticut General Statutes.

History

• Adopted effective April 1, 1999

Regs., Conn. State Agencies § 13b-38o-13 Participation

(a) Employers who elect to participate shall submit to the department the following information:

(1) The legal name of the employer and the address of its principal place of business within the State of Connecticut;

(2) The name, title and address of the designated contact person to receive all additional information and forms;

(3) The employer's Connecticut tax registration number and Federal employer identification number;

(4) The address of each work location which the employer is preparing a Traffic Reduction Program; and

(5) The number of employees at the participating work location.

(b) For employers who participate, the department shall issue materials to assist employers in the development of a Traffic Reduction Program.

History

• Adopted effective April 1, 1999

Regs., Conn. State Agencies § 13b-38o-14 Traffic reduction plan

(a) An affected employer shall prepare and submit a traffic reduction plan to the department to be eligible for incentive programs.

(b) Each plan shall use the format set forth by the department and shall contain the following:

(1) A work location description that includes the physical transportation-related characteristics of the work location, transportation facilities and their location, the parking facilities at the work location, access to major roads and highways, access to mass transit, and proximity to other employers;

(2) A list and description of the measures to be implemented to reduce the number of vehicle trips arriving at the work location;

(3) The name, title, telephone number, business mailing address, and signature of the person designated as the employee transportation coordinator for the work location; and

(4) A list and description of any traffic reduction programs under which the affected employer provides or intends to provide commuter benefits or allowances.

History

• Adopted effective April 1, 1999

Regs., Conn. State Agencies § 13b-38o-15 Reporting

(a) Within one (1) year of the date on which an original traffic reduction plan is submitted pursuant to section 13b-38o-16, of the regulations of Connecticut State Agencies each affected employer shall prepare and submit to the Department an annual update of the traffic reduction plan for each work location, detailing the results of implementing a traffic reduction program.

(b) The annual update shall describe the measures which the affected employer may implement in the next year to reduce vehicle trips to and from the work location of such an employer.

History

• Adopted effective April 1, 1999

Regs., Conn. State Agencies § 13b-38o-16 Document production and recordkeeping

Each affected employer shall, upon request by the Commissioner, provide copies of all records generated by or on behalf of an affected employer pursuant to sections 13b-38o-12 to 13b-38o-17, inclusive, of the regulations of Connecticut State Agencies. Records shall be maintained in the office for a period of at least five (5) years after they are first generated.

History

• Adopted effective April 1, 1999

Regs., Conn. State Agencies § 13b-38o-17 Applicability

Sections 13b-38o-12 to 13b-38o-17, inclusive, of the regulations of Connecticut State Agencies shall apply to any affected employer with respect to any and all registered work locations.

History

• Adopted effective April 1, 1999

13b-50p Complaints Concerning Aircraft Landings and Takeoffs at Unlicensed Air Navigation Facilities

Regs., Conn. State Agencies § 13b-50p-1 Definitions

As used in sections 13b-50p-1 to 13b-50p-6, inclusive, of the Regulations of Connecticut State Agencies:

(a) "Aircraft", or "Heliport" shall have the meanings prescribed in section 15-34 of the Connecticut General Statutes.

(b) "Annual Special Event" means a nonprofit charity event, such as a fair, not lasting more than three consecutive days at the same location.

(c) "Agricultural Purpose" means an operation necessary to support the application of pesticides, seed, fertilizer or other substances.

(d) "Commissioner" means the Commissioner of the Department of Transportation.

(e) "Department" means the Department of Transportation.

(f) "Municipality" means any city, town or borough of this state.

(g) "Movement" means either a landing or a takeoff.

(h) "Landing" means when any aircraft touches the ground, water or a fixed structure.

(i) "Take off" means when any aircraft departs the ground, water or a fixed structure.

History

• Effective October 6, 1998

Regs., Conn. State Agencies § 13b-50p-2 Alleged violation

Any person who alleges that any real property is being used in violation of section 13b-46 of Connecticut General Statutes may submit a letter to the Commissioner requesting a review of the site where the violation has alleged to be taking place. The letter shall be typed or legibly written and shall include, at a minimum, the following information:

(a) A detailed explanation as to why the complainant feels that section 13b-46 of the Connecticut General Statutes has been violated;

(b) A list of a minimum of ten movements within a ninety day period from the same location giving the time, date, tail number of aircraft (if possible), type of aircraft or any other distinguishing markings or features of the aircraft;

(c) An exact description of the location from which the movement took place;

(d) Name, address, and telephone number of the complainant; and

(e) Name, address, and telephone number of any witness(es) to each movement.

History

• Effective October 6, 1998

Regs., Conn. State Agencies § 13b-50p-3 Agency action

Upon the receipt of a complaint, the Commissioner shall:

(a) Acknowledge the receipt of the complaint within fifteen days of receipt via certified mail.

(b) Notify the property owner and municipality within thirty days via certified mail along with a copy of the complaint.

(c) Require that the property owner maintain a written activity log in response to a written complaint which is determined to have merit by a subsequent investigation. The log shall be maintained, effective the date stipulated in a letter to do so, upon notification by the Commissioner. The property owner shall submit the log to the Commissioner by the fifth day of every month. The log shall contain the following information:

1. Name of aircraft owner and operator;

2. Tail number of aircraft;

3. Type of aircraft;

4. Time and date of landing;

5. Time and date of takeoff and aircraft's heading and destination;

6. Pilot's name;

7. Number of passengers;

8. Purpose of the landing; and

9. Safety and navigational equipment located at the landing site.

(d) Notify the complainant should the Commissioner determine that the movements were related to an annual special event or for agricultural purposes, and no further action will be necessary.

History

• Effective October 6, 1998

Regs., Conn. State Agencies § 13b-50p-4 Exemptions

The commissioner shall exclude from the operation of these regulations and landing or takeoff by military aircraft or emergency medical service organizations or any landing for an emergency purpose.

History

• Effective October 6, 1998

Regs., Conn. State Agencies § 13b-50p-5 Finding of no violation

If, after a review of the property owner's activity log and any other information submitted on behalf of the complainant, the Commissioner determines that there is no violation of section 13b-46 of the Connecticut General Statutes, he shall notify the complainant, the property owner, the municipality and any other interested parties and suspend the investigation. Upon such a determination by the Commissioner, the property owner may suspend keeping an activity log.

History

• Effective October 6, 1998

Regs., Conn. State Agencies § 13b-50p-6 Finding of a violation

If the Commissioner determines that there is a violation of section 13b-46 of the Connecticut General Statutes, he shall immediately take the necessary action against the property owner to suspend all landings and takeoffs at the site in accordance with the laws of this state. Upon such a determination by the Commissioner, the property owner may suspend keeping an activity log.

History

• Effective October 6, 1998

13b-96 Taxicab Rules of Operation

Regs., Conn. State Agencies § 13b-96-1 Definitions

As used in sections 13b-96-1 to 13b-96-51, inclusive, of the Regulations of Connecticut State Agencies:

(1) "Applicant" means applicant as defined in section 13b-17-101a(3) of the Regulations of Connecticut State Agencies;

(2) "Applications" means all forms of proposals, requests, applications or petitions of whatever nature that are filed with the commissioner, as enumerated in sections 13b-17a-100 to 13b-17a-152a, inclusive, of the Regulations of Connecticut State Agencies;

(3) "Certificate" means the authority granted to operate a taxicab;

(4) "Certificate holder" means any person, partnership, corporation or limited liability company (LLC) who has been granted a taxicab certificate by the commissioner;

(5) "Citation" means citation as defined in section 13b-17-101a(7) of the Regulations of Connecticut State Agencies;

(6) "Commissioner" means the Commissioner of Transportation or the Commissioner's designee;

(7) "Department" means the Department of Transportation;

(8) "Discontinuation of service" means the cessation of all taxicab service;

(9) "Dispatch service" or "Communication system" means a communication system, through two-way radio or cellular telephone, by which a certificate holder or the general public shall reach all taxicabs in service operating under the certificate number;

(10) "Driver comment card" means the comment card which each certificate holder shall provide in every taxicab on the prescribed form;

(11) "Driver identification card" means the identification card which each certificate holder is to provide on the prescribed form;

(12) "Driver list" means the permanent record of driver information, which each certificate holder is required to maintain;

(13) "Drop rate" means the initial charge incurred when a trip meter is turned on at the start of a taxicab trip;

(14) "In service" means a taxicab on duty and available for immediate transportation of passengers upon solicitation;

(15) "Interruption of service" means a reduction in the number of hours a taxicab service is operated or in the number of vehicles needed to be in service to meet the public demand;

(16) "Metered rates of fare" means those rates of fare which are calculated by use of a taxi meter, which are based upon a combination of either time or time or distance where the distance is less than fifteen miles per the Official Mileage Guide;

(17) "Metered service" means taxicab service where a rate of fare is calculated based on the metered rate of fare;

(18) "Official Mileage Guide" means the Official Mileage Guide as published under PUC Docket No. 6770-A, and revisions thereof, which specifies the distances between towns in the state of Connecticut;

(19) "Operator" means the licensed driver of a taxicab;

(20) "Over fifteen mile rate of fare" means those rates of fare which apply to taxicab trips between points which are fifteen miles or more distant within or to or from a certificate holder's territory and are applied as flat rates of fare per mile based solely upon the distances published in the Official Mileage Guide;

(21) "Over fifteen mile service" means taxicab service where the rate of fare is calculated by the certificate holder's fifteen miles or greater rate of fare;

(22) "Public transportation terminal" means any facility associated with scheduled passengers including, but not limited to, a railroad station, ferry boat dock, airport or bus terminal (not bus stop) which is served by regulated, licensed providers of those modes of passenger transportation;

(23) "Service animal" means any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items;

(24) "Shared ride rate of fare" means the rate of fare which the certificate holder is required to publish after approval by the commissioner, which is applied when two or more passengers of different parties travel in one taxicab to the same or different destinations, at per capita flat rates of fare, as specified for each town;

(25) "Tariff" means a schedule of rates of fare on file with the commissioner;

(26) "Taxicab" or "Taxi" means any motor vehicle as defined in section 13b-95 of the Connecticut General Statutes;

(27) "Taxicab certificate" means the certificate issued by the commissioner which authorizes the operation of a taxicab as defined under section 13b-95 of the Connecticut General Statutes;

(28) "Taxicab driver" or "Driver" means any person who operates a taxicab, which is registered under a certificate holder;

(29) "Taxi light" or "Dome light" means an exterior roof light which displays the word "TAXI" in bold letters, not less than three inches high;

(30) "Taxi meter" or "Meter" means an instrument or device designed for the purpose of mechanically or electronically calculating and displaying the rates of fare for taxicab service based upon the drop rate of fare and the distance a passenger travels or a combination of the time and distance traveled while a taxicab is engaged in transporting passengers for hire;

(31) "Taxi rate decal" means the decal on which the rates of fare are listed for patrons traveling in either metered or over fifteen mile service;

(32) "Taxi territory" means the town or towns in which a taxicab certificate holder is specifically authorized to operate, which is specified in its certificate;

(33) "Taxi trip receipt" means the form required to be provided to all passengers, upon their request after each trip, by the taxicab driver for the purpose of acknowledging payment of fares;

(34) "Telephone service" means an established telephone number by which the public can access taxicab service;

(35) "Temporary authority" means the temporary authority granted by the commissioner pursuant to section 13b-97a of the Connecticut General Statutes;

(36) "Time rate" means the rate of fare assessed for use of the taxicab based upon an element of time;

(37) "Travel rate" means the rate of fare assessed on the taximeter for the use of taxicabs based upon an element of distance;

(38) "Trip record" means the record, which each certificate holder is to provide in the prescribed form, on which each driver is required to list certain data for each trip performed; and

(39) "Vehicle markings" means the interior or exterior markings required to be displayed on every vehicle operated in taxicab service.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-2 Applicability, purpose and construction

(a) The commissioner, pursuant to section 13b-96 of the Connecticut General Statutes, has jurisdiction to regulate the operation of taxicabs in the State of Connecticut and thus herein prescribes and establishes reasonable regulations with respect to fares, service, operation and equipment as necessary for the convenience, protection and safety of passengers and the public.

(b) Sections 13b-96-1 to 13b-96-51, inclusive, of the Regulations of Connecticut State Agencies, shall apply on and after the effective date to all matters within the jurisdiction of the commissioner pursuant to section 13b-97 of the Connecticut General Statutes.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-3 Application requirements

Every application for a taxicab certificate shall be in writing, signed and sworn by the applicant, filed with and on a form provided by the commissioner, containing the following information:

(1) The name and address of the applicant and the proposed Connecticut business address;

(2) The town or towns in which taxicab service is requested;

(3) A brief description of the make, model, year, seating capacity, safety equipment, vehicle numbers and markings of the proposed vehicle(s) to be used;

(4) A single trade name if the applicant intends to operate under one;

(5) The applicant's management/business plan for implementation of the proposed service, including but not limited to vehicle inspection and maintenance, a system for handling accident reports, insurance coverage and a communication system;

(6) The applicant's proposed hours and days of operation;

(7) The applicant's proposed rates of fare;

(8) A statement of all present and prior transportation business activities of the applicant for the five (5) years preceding the application;

(9) Conviction of the applicant under federal or state laws relative to motor vehicle or criminal violations;

(10) Two (2) credit references including at least one financial institution where the applicant maintains an active bank account in the name of the proposed business;

(11) The application fee as enumerated in section 13b-97(a) of the Connecticut General Statutes;

(12) A financial statement of the applicant's current financial resources in the name of the applicant and other information as shall be required by the commissioner; and

(13) For sale and transfer applications only, a statement disclosing the terms and conditions of the proposed transfer or sale, including the amount of compensation which has been paid or is payable to the seller or transferor and any other consideration given or to be given to the seller or transferor in connection with the transfer of the certificate. In lieu of the requirements of this paragraph, the applicant for sale or transfer of the certificate shall submit a notarized copy of the purchase contract, which contains all information, requested herein.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-4 Knowledge of regulations

Each applicant, certificate holder and driver shall be fully knowledgeable regarding the motor vehicle laws of the state of Connecticut and the Regulations of Connecticut State Agencies concerning operation of a taxicab.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-5 Notification of criminal record

(a) The applicant shall disclose to the commissioner convictions for any violation of any state or federal statute on the prescribed form. The applicant shall also furnish information of any convictions of motor vehicle violations within the last five years (5) preceding the date of the application.

(b) Every applicant who applies for new or additional authority or territory shall submit an updated State Police Bureau of Identification Criminal Conviction Information Request for each application filed if the last submission is more than two (2) years old.

(c) Any applicant, certificate holder or taxicab driver shall provide an independent criminal record and driving record search at the request of the commissioner.

(d) Each certificate holder shall submit an updated criminal history conviction information form every three (3) years by March 31 of every third year following the initial filing.

(e) Each certificate holder shall submit to the commissioner an updated State Police Bureau of Identification Criminal History Conviction Information Request within thirty (30) days after the certificate holder has been convicted of any crime.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-6 Misrepresentation

(a) No certificate shall be granted to any applicant who makes a false statement or representation to the commissioner in its application.

(b) Any certificate granted under misrepresentation as stated in subsection (a) of this section is subject to civil penalties and sanctions enumerated in section 13b-96-51 of the Regulations of Connecticut State Agencies.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-7 Suitability requirement

(a) In addition to meeting the suitability criteria as defined in section 13b-97 of the Connecticut General Statutes, no certificate shall be issued to any person or members of an association or limited liability company or officer of a corporation, who has a conviction for a serious criminal offense as follows:

Conviction of a felony involving drugs, firearms, sexual misconduct or a potential threat of harm to persons pursuant to section 53a-1 to 53a-296, inclusive, of the Connecticut General Statutes, within a ten (10) year period, shall be considered conviction of a serious criminal offense, except that the commissioner may waive the provisions of this paragraph for good cause shown.

(b) No certificate holder shall allow a driver under his certificate to operate a taxicab if the driver has been convicted of a serious criminal offense as follows:

Conviction of a felony involving drugs, firearms, sexual misconduct or a potential threat of harm to persons pursuant to sections 53a-1 to 53a-296, inclusive, of the Connecticut General Statutes, within a ten (10) year period, shall be considered conviction of a serious criminal offense, except that the commissioner may waive the provisions of this paragraph for good cause shown.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-8 Expedited application process

(a) A certificate holder may apply for one (1) additional taxicab in the existing territory without a hearing under an expedited application process.

(b) The commissioner shall perform an analysis to determine if the certificate holder has sufficient evidence to merit the increase in authority without a hearing. The following information shall be analyzed:

(1) Trip records for the four (4) months immediately prior to the application filing date which show utilization of the current fleet;

(2) Record of calls, which are refused or referred by the certificate holder to another authorized taxicab provider; and

(3) Other information presented by the certificate holder to prove the need for additional authority.

(c) Upon completion by the commissioner of its analysis, a Determination shall be made as to whether the additional authority shall be granted. If the certificate holder is not satisfied with the commissioner's determination, the certificate holder may request a hearing to prove additional need.

(d) The expedited application process shall not be utilized within one (1) year from the date of the initial licensing of a certificate holder nor more than once every two (2) years thereafter from the date of the last written final decision or order.

(e) The expedited application process shall not be utilized by any certificate holder who has a current contract with Bradley International Airport to provide taxicab service in the queue line.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-9 Temporary authority

Temporary authority may be granted, pursuant to section 13b-97a of the Connecticut General Statutes, in the event of work stoppage, strike or at any time it has been proven through hearing that there are no certificate holders in the area which are able to meet the public demand for taxicab service.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-10 Proof required at hearing

In a hearing on an application for a certificate of public convenience and necessity, the applicant shall present its case at a public hearing and shall have the burden of proving the following:

(a) Public convenience and necessity requires the operation of a taxicab or taxicabs for transportation of passengers. Public convenience and necessity shall include, but is not limited to, showing:

(1) The availability of qualified taxicab operators in the area; and

(2) The number of taxicabs requested is justified given the need.

(b) The applicant shall prove suitability to run the proposed business. Proof of suitability may include, but is not limited to:

(1) Business acumen of the applicant or management;

(2) Experience in the transportation field or in a service related field;

(3) Provision of a business plan, which includes marketing;

(4) The demonstration of a willingness and ability of the applicant to conform to the requirements of section 13b-99(b) of the Connecticut General Statutes and the Regulations of Connecticut State Agencies; and

(5) Any convictions of the applicant under federal, state or local laws relative to safety, motor vehicle or criminal violations.

(c) Financial suitability to operate the proposed business for the initial start up period based on the applicant's business plan. Proof of financial suitability to operate the proposed business may include, but is not limited to:

(1) Showing of sufficient assets to operate the taxicab service;

(2) Vehicles in compliance with the requirements of section 13b-99(b) of the Connecticut General Statutes and Regulations of Connecticut State Agencies;

(3) Adequacy of insurance coverage and safety equipment;

(4) Taxi meters for each vehicle; and

(5) A functioning communication system.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-11 Proper conduct

(a) No certificate holder, taxicab driver or employee shall verbally threaten or attempt to intimidate any state employee or official for actions taken in the enforcement of the laws of the state of Connecticut.

(b) Certificate holders and drivers shall, at all times, cooperate with law enforcement officers and authorized representatives of the commissioner, and shall comply with all reasonable requests, including but not limited to giving their name, the company name, their driver's license number and exhibiting trip sheets or other documents in their possession.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-12 Business address and mail

(a) Each certificate holder shall maintain a state of Connecticut business address.

(b) Each certificate holder shall notify the commissioner, in writing, within three (3) business days, of any change in the business address.

(c) The certificate holder shall be deemed to have received any communication, notice or summons which has been mailed in a postpaid envelope and addressed to the mailing address, which is on file with the commissioner.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-13 Filing of trade name

A certificate holder shall not operate under a trade name until a certified copy of "Adoption of Certificate of Trade Name" has been filed with the commissioner and the certificate has been reissued reflecting such trade name.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-14 Business to be conducted under a single name

A certificate holder shall conduct the business of any single taxicab certificate under only one single name as listed in its taxicab certificate, or one single trade name if said trade name certificate is filed in accordance with section 35-1 of the Connecticut General Statutes and section 13b-96-13 of the Regulations of Connecticut State Agencies.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-15 Unapproved trade names and designs

No taxicab or advertisement shall appear with a trade name, design, color scheme or method of painting and lettering that is unapproved by the commissioner for the vehicle concerned or that does not meet the specification enumerated in section 13b-96-44 of the Regulations of Connecticut State Agencies.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-16 Limits of operating authority

(a) A certificate holder may transport passengers between all points within its authorized territory.

(b) A certificate holder may transport passengers from any point within their taxicab territory to any point outside said territory or from a point outside their territory back to a point within their authorized territory.

(c) A certificate holder or driver shall not transport passengers between one point outside of their territory to another point outside of their territory.

(d) Notwithstanding subsection (b) and (c) of this section, the provisions of section 13b-97 of the Connecticut General Statutes shall govern operation of taxicabs at Bradley International Airport.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-17 Number of taxicabs operated

No certificate holder shall operate a number of taxicabs greater than the number authorized in their taxicab certificate.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-18 Hours of operation

(a) Each taxicab company shall operate on a twenty-four (24) hour basis, every day of the year, unless otherwise approved by the commissioner.

(b) Each certificate holder is required to adequately plan for and meet the demand for taxicab transportation in their authorized territory.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-19 Communication and dispatch services

(a) Each certificate holder shall obtain and advertise a telephone number in the name of the company by which the public may call to request service.

(b) Each certificate holder operating more than one taxicab company shall dispatch only that company requested by the patron, unless the patron agrees to receive service from another company.

(c) Each certificate holder shall maintain a dispatch service.

(d) Each certificate holder shall operate its telephone service twenty-four (24) hours a day, unless otherwise authorized by the commissioner.

(e) The following information shall be communicated to each patron upon solicitation for service:

(1) taxicab availability;

(2) estimated time of arrival; and

(3) approximate cost of the fare for trips over fifteen miles or upon request.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-20 Interruption of service

Any certificate holder who is unable to operate their authorized schedule of hours shall notify the commissioner in writing within twenty-four (24) hours of the interruption and state the reason.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-21 Discontinuation of service

Any certificate holder who desires to discontinue the service of all of their taxicabs may do so, for a period of not more than fourteen (14) days, upon notification and approval of the commissioner. If the taxicabs discontinued from service are not reinstated in service at the expiration of such fourteen (14) day period, the authority to operate those taxicabs shall be subject to suspension, revocation or the imposition of a civil penalty.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-22 Registration and insurance

An annual review of all taxicabs registered with the Department of Motor Vehicles shall take place. During said review, any certificate holder who does not register the number of taxicabs authorized under its certificate by March 31 of each year, unless approved by the commissioner, shall be subject to suspension, revocation or the imposition of a civil penalty.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-23 Solicitation prohibited

(a) No certificate holder shall solicit or permit the solicitation of potential passengers at a facility served by a designated taxicab stand except as authorized and directed by the operator of the facility.

(b) A driver shall solicit passengers within ten feet of the taxicab and only with the words "taxi", "cab" or "taxicab".

(c) A driver shall not use a person, other than an authorized employee of the facility, to solicit a passenger, or to suggest to a passenger that an additional person be accepted as a passenger unless in a shared ride zone.

(d) A driver shall not induce the hire of the taxicab by giving misleading information, including but not limited to, erroneous fare information, the times of arrival and departure of transportation facilities, the location of a building or place or the distance between two points.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-24 Order of service

(a) Each certificate holder and taxicab driver shall accommodate passengers in the order of their request for service.

(b) Passengers engaging a taxicab service shall have the right to exclusive use of the vehicle.

(c) No certificate holder or taxi driver shall refuse to accommodate passengers based on length of trip for service.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-25 Shared rides

(a) Where a certificate holder is authorized by the commissioner to operate a shared-ride system to allow several passengers to share a taxicab to destinations within a shared-ride zone, a taxicab driver shall not deny a passenger's right to refuse to share the vehicle with others.

(b) Where a certificate holder is not authorized to provide a shared ride and the taxicab is shared by more than one passenger, the metered rate shall be subject to mutual arrangement among the passengers.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-26 Refusal to pick-up a passenger

(a) No certificate holder or taxicab driver shall refuse or neglect to transport to and from any place within its authorized service area any orderly person requesting service regardless of race, gender, religion, national origin, age, marital status or handicap who is willing and able to pay the prescribed fare.

(b) No certificate holder or taxicab driver shall refuse taxicab service to a patron with a service animal.

(c) A hailed taxicab driver shall not seek to ascertain the destination of a passenger before such passenger is seated in the taxicab.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-27 Unlawful operation of a taxicab

No certificate holder or taxicab driver shall:

(1) Knowingly permit the operation of unlawful activities in a taxicab.

(2) Take a passenger to his destination by other than the shortest possible route unless the passenger requests a different route, or unless the driver proposes a faster alternative route to which the passenger agrees. The driver shall comply with all reasonable and lawful routing requests of the passenger.

(3) Permit a non-fare paying passenger to occupy a taxicab, while engaged in business or seeking business. This section shall not apply to a company or authorized official riding in such vehicle.

(4) Permit or authorize any person to operate a taxicab unless that person is properly licensed in accordance with section 14-44 of the Connecticut General Statutes and has obtained a driver's identification card in accordance with section 13b-96-32 of the Regulations of Connecticut State Agencies.

(5) Permit the driver of a taxicab to work a shift longer than twelve (12) hours or longer than sixteen (16) hours within a twenty-four (24) hour consecutive period.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-28 Qualification and instruction of drivers

(a) Each certificate holder shall require that all taxicab drivers that operate a taxicab under its certificate shall effectively communicate with the patrons and properly comply with all record keeping requirements.

(b) Each taxicab certificate holder shall ensure that all taxicab drivers operating a taxicab under the holder's certificate comply with the following:

(1) Driver's clothing shall be clean and in good repair. Drivers shall wear long pants or skirts, shirts with sleeves and shoes. Drivers shall be hygienically clean, clean shaven except a beard or mustache may be worn if groomed and neatly trimmed;

(2) Drivers shall not use abusive language, be discourteous to passengers, solicit gratuities or engage in smoking without passenger consent;

(3) Drivers shall maintain a current map of taxi territory and be geographically familiar with the service area and the state of Connecticut;

(4) Upon request of a passenger, the driver shall load or unload a passenger's luggage, wheelchair, crutches or other property in or from the taxicab's interior or trunk compartment and shall secure such compartment;

(5) Drivers shall comply with all reasonable requests of the passenger, including but not limited to giving, upon request, their name, taxicab number and company name;

(6) Air conditioning and heat in a taxicab should be turned on or off at the direction of the passenger; and

(7) Each certificate holder shall obtain any prospective driver's driving record for the preceding three (3) years.

(c) Each certificate holder shall, at least once every twelve (12) months, review the driving record of each driver to determine whether that driver is qualified to drive a taxicab.

(d) Each certificate holder shall require that its drivers continue to meet minimum physical standards pursuant to section 14-44-1 of the Regulations of Connecticut State Agencies.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-29 Driver notification of conviction or suspension

(a) Each certificate holder shall require that all drivers give notification to said certificate holder, of all violations of federal, state or local laws relating to criminal, safety or motor vehicle violations. The driver's notification shall be made to the certificate holder within three (3) days after the date the driver has been convicted of a violation.

(b) Each certificate holder shall require that all drivers give notification to said certificate holder of any revocation, suspension, cancellation or disqualification of the driver's operator license, endorsement or permit or the right or privilege to drive for any period. The driver's notification to the certificate holder shall be made before the end of the business day following the day the driver received such notice.

(c) Each certificate holder shall require each driver to notify said certificate holder within three (3) days of the driver's arrest, conviction or administrative sanction as a result of any of the following offenses:

(1) Driving under the influence of alcohol or drugs as defined in section 14-227a of the Connecticut General Statutes, or a similar statute in another jurisdiction;

(2) Refusal to submit or failure to submit to a chemical test as defined in section 14-227b of the Connecticut General Statutes, or a similar statute in another jurisdiction;

(3) Leaving the scene of an accident or evasion of responsibility in operating a motor vehicle as defined by section 14-224(a) or section 12-224(b) of the Connecticut General Statutes or a similar statute in another jurisdiction;

(4) A felony involving the use of a motor vehicle; in violation of the Connecticut General Statutes or a similar statute in another jurisdiction.

(5) A felony or misdemeanor involving rape or sexual assault as provided in sections 53a-70, 53a-70b, 53a-71, 53a-72a, 53a-72b, or 53a-73a of the Connecticut General Statutes, or a similar statute in another jurisdiction;

(6) A felony involving force or threat of force against a person in violation of the Connecticut General Statutes or a similar statute in another jurisdiction; or

(7) A felony or misdemeanor involving firearms, drugs or controlled substances, in violation of the Connecticut General Statutes or a similar statute in another jurisdiction.

(d) No certificate holder shall utilize a taxicab operator who has been convicted of a serious criminal offense as defined in section 13b-96-7 of the Regulations of Connecticut State Agencies.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-30 Examination of business records

(a) Any and all books, trip records, vouchers, memoranda and other documents relating to the business, whether in hard copy or on computer format, shall be made readily available for examination and reproduction by the commissioner or the commissioner's representatives, within three (3) business days of such request. All such documents shall be retained for not less than twenty-four (24) months at the certificate holder's Connecticut business address.

(b) Each certificate holder shall maintain records of all the revenues and expenses of the taxicab business in sufficient detail to facilitate the verification of the accuracy of those items.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-31 Trip records

(a) Each certificate holder shall at all times keep a separate record of all taxicabs operating under its authority, written or in computer format, which shows the vehicle identification number, operator license number, identity of the driver and the hours of operating said vehicle.

(b) All certificate holders shall require each taxicab driver to keep a daily driver trip record on the prescribed form and to submit completed trip records to the certificate holder on a daily basis. The certificate holder may maintain such records in computer format consistent will all provisions of this section.

(c) The certificate holder shall maintain the daily driver trip records, in complete detail, on an 8½ by 11 inch sheet in the format as prescribed as follows (Not To Scale) or other form as authorized and approved in writing by the commissioner.

(d) All certificate holders shall require each taxicab driver to sign all driver trip records certifying the accuracy of the information contained therein.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-32 Driver identification card & driver comment card

(a) A taxicab driver shall not operate a taxicab without first obtaining a driver identification card from the certificate holder, with the following specifications:

(1) Printed on white card stock with a clear plastic coating measuring approximately four (4) inches high by six (6) inches long;

(2) Company name and taxicab certificate number boldly imprinted in ⅜ inch letters;

(3) A clear color photograph of the driver from the shoulder to top of head taken within twelve (12) months from the issuance date shown on the card; and

(4) The driver’s public service number clearly listed.

(b) Each certificate holder shall have clearly displayed at all times, in a place visible to the passengers of the taxicab, the identification card, in good order and condition, issued to the driver. Said identification card shall be dated and valid for the effective period of the Public Passenger Transportation Permit issued by the Department of Motor Vehicles.

(c) Each motor vehicle operated in taxicab service shall have a laminated driver comment card attached to the driver’s headrest, boldly imprinted with ⅜ inch letters, with the following information:

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-33 Driver list

(a) Each certificate holder shall maintain a record for each taxicab driver entitled "Driver List". Said record shall list the following:

(1) Driver's first, middle and last (sir) name;

(2) Date and place of birth;

(3) A photocopy of the driver's public service license which authorizes the operation of a taxicab;

(4) A color photo of the driver exactly as it appears on the driver I.D. card;

(5) Date first employed as a driver in taxicab service or contracted as an independent contractor; and

(6) Date a driver is discharged.

(b) These records shall be maintained for two (2) years from the date of discharge of the driver.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-34 Lost articles

Each certificate holder shall require all taxicab drivers to report any article or personal property found in the taxicab. A record shall be kept to show the time, date and description of each article found and the vehicle registration plate number in which the property is found. A reasonable effort to return said property shall be made by the certificate holder within seven (7) days of finding said property.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-35 Sale or transfer of taxicab certificate

(a) No certificate holder shall sell or transfer any or all of the certificate holder's interest in a certificate to another without prior approval by the commissioner.

(b) The following conditions shall be met to effectuate a sale or transfer:

(1) The prescribed forms for the sale or transfer of a certificate shall have been completed and filed with the commissioner;

(2) The buyer/transferee or seller/transferor shall furnish a copy of the sales agreement to the commissioner prior to a sale and transfer;

(3) The seller or transferor shall demonstrate that all of the taxicabs operated under the taxicab certificate being transferred have been in service for the immediate six (6) months prior to sale or transfer or has obtained prior approval by the commissioner to suspend service for cause determined at hearing;

(4) The transferor or seller shall demonstrate that each taxicab authorized under the certificate has been in operation for two (2) continuous years after the date of authorization in the final decision;

(5) The transferee or buyer shall demonstrate their financially suitability to transport passengers in taxicab service in accordance with section 13b-96-10(3) of the Regulations of Connecticut State Agencies.

(6) The transferee or buyer shall demonstrate their suitability to transport passengers in taxicab service in accordance with section 13b-96(2) of the Connecticut General Statutes.

(7) Any prior determination of suitability of the buyer or transferee made by the commissioner shall be taken into consideration when a sale and transfer application is filed.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-36 Governmental contract work

(a) The certificate holder's first obligation is to meet the public demand for taxicab service in the area, which is listed in its certificate.

(b) Work performed under contract for any federal, state or municipal agency shall not be considered in determining whether the public demand is being met in an application for other than governmental contract work.

(c) Each certificate holder shall upon annual registration produce a current executed governmental contract or extension thereof. Each contract shall specifically state the termination date of said contract and shall be dated when executed.

(d) The authorization granted pursuant to section 13b-97 of the Connecticut General Statutes shall be durational and shall only exist for the period of time the certificate holder has continuing contracts in effect with the governmental entity listed in its certificate.

(e) The authority granted pursuant to section 13b-97 of the Connecticut General Statutes relating to governmental contract work is not transferable and shall remain in effect until revoked or suspended by the department or until the governmental contract under which the authority was granted has expired.

(f) Failure to comply with the requirements of this section will subject the certificate holder to sanctions under section 13b-96-51 of the Regulations of Connecticut State Agencies.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-37 Setting rates of fare

(a) Each certificate holder shall maintain on file with the commissioner a tariff for taxicab service. The rate of fare charged to a passenger shall be the amount listed on the tariff. Said tariff shall not be altered without prior approval of the commissioner.

(b) A certificate holder or driver shall not charge or attempt to charge a fare above or below the approved rates.

(c) A certificate holder or driver shall collect or attempt to collect separate fares from individual passengers who have shared a taxicab as part of a shared ride program established by the commissioner.

(d) A driver shall give correct change to a passenger who has paid the fare.

(e) All rates and charges shall be posted within each vehicle on the taxi rate decal as prescribed by the commissioner, in clear view of the passengers on the left interior rear passenger window. The rates and charges posted shall be the rates and charges contained in the certificate holder’s tariff which has been approved by the commissioner. Said forms shall be printed on decals, measuring no less than four (4) inches high by six (6) inches wide and type set in one quarter (¼) inch clearly legible lettering; and shall list the required information in the following format (Not To Scale):

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-38 Taxi meter

(a) No taxicab shall be operated for hire unless it has a properly functioning taxi meter installed and sealed in the vehicle by a duly authorized sealer of weights and measures from the Connecticut Department of Consumer Protection or other authorized meter sealer. Such meters shall calculate fares based upon time and distance in accordance with the tariff of metered rates, last approved by the commissioner, for the taxicab territory in which the vehicle is authorized to operate.

(b) Taxi meters shall be installed so that the fare display is in clear view of the passengers and shall be illuminated to facilitate visibility.

(c) All rates of fare for trips performed by a taxicab shall be calculated on the taxi meter, unless otherwise authorized by section 13b-96-40 of the Regulations of Connecticut State Agencies.

(d) No certificate holder or taxicab driver shall allow the operation of a taxicab with a malfunctioning taxi meter. Malfunctions include, but are not limited to, improper or incorrect registration of mileage/time rate, or a broken seal.

(e) No certificate holder or taxicab driver shall allow the collection of fares in excess of the meter rate, show a rate on the meter when the taxicab is not transporting passengers or fail to use the taxi meter when transporting passengers except as authorized by the commissioner in section 13b-96-40 of the Regulations of Connecticut State Agencies or as authorized by section 13b-97(d) of the Connecticut General Statutes.

(f) When a taxicab is in service, the taxi meter shall immediately be placed in the recording or "On" position and kept in that position until arrival at the final destination. Upon reaching the passenger's final destination, the driver shall place the taxi meter in the non-recording or "Off" position, inform the passenger of the fare due and leave the taxi meter in a non-recording position until the fare is paid. Immediately after the passenger leaves the taxicab, the driver shall clear the taxi meter, placing it in an "Off" position in which it shall remain until the next passenger enters the taxicab.

(g) If the taxi meter fails to operate correctly while the taxicab is in service with a passenger, where the meter is required to be operated, the passenger shall not be charged a fare for the trip.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-39 Taxi trip receipt

Each certificate holder shall provide all drivers with taxi trip receipt forms, preprinted with the taxicab company name, telephone number and certificate number, which are to be completed, signed and issued to passengers upon request. The taxi trip receipt shall include the following information:

(1) Date of service;

(2) Origin and destination of trip;

(3) Fare paid;

(4) Taxicab plate number; and

(5) Signature of driver.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-40 Over fifteen mile rate

(a) A request for service between points within, or to or from a certificate holder's territory which is fifteen miles or more distant therefrom, as determined by reference to the Official Mileage Guide, shall be performed at the rates and charges as published in the certificate holder's over fifteen mile rate of fare.

(b) All fares for over fifteen mile service shall be quoted to the passenger prior to the start of the trip.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-41 General construction and equipment requirements for vehicles in taxicab service

(a) All motor vehicles operated in taxicab service shall be of standard manufacture or, if modified in any way, meet all specifications for operation on Connecticut highways, in accordance with section 13b-99(b) of the Connecticut General Statutes and the Regulations of Connecticut State Agencies.

(b) No certificate holder or taxicab driver shall permit the operation of a taxicab unless it is equipped with the following:

(1) A light within the passenger compartment;

(2) A communication system capable of contacting each of its taxicabs in service;

(3) Passenger restraints in operable condition numbering no fewer than the maximum occupancy of the taxicab;

(4) A suitable holder for the driver identification card in a place where such card will be visible to the passengers at all times;

(5) All vehicles in taxicab service shall have an operable heating and air conditioning system;

(6) In van type vehicles and station wagons, a luggage barrier for containing luggage while the vehicle is in transit;

(7) A fire extinguisher of a type and size approved by the Department of Motor Vehicles. Said equipment shall be secured in an accessible location within the taxicab and maintained in serviceable condition;

(8) Upon request of any driver, an approved driver shield between the front and rear passenger compartments of the taxicab in those taxicabs authorized to serve any town listed in the certificate, with a population of 100,000 or more as listed in the most current Connecticut State Register and Manual; and

(9) an official mileage guide.

(c) No certificate holder shall permit the operation of any taxicab which is in such unsafe condition as to endanger any person or property.

(d) No motor vehicle registered as a taxicab shall be used for any purpose other than as a taxicab, except taxicabs, which are used as private passenger motor vehicles in accordance with section 14-28 of the Connecticut General Statutes.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-42 Age of taxicabs

Every motor vehicle initially registered for taxicab service after March 31, 2001, shall be no older than ten (10) model years of age as of March 1 of each year thereafter. Each motor vehicle that is re-registered for taxicab service after March 1, 2001 shall furnish proof of the last two semi-annual inspections performed pursuant to section 13b-99 of the Connecticut General Statutes.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-43 Appearance of taxicabs

Each certificate holder and taxicab driver shall keep the appearance of each vehicle used in taxicab service in the following condition:

(a) Body:

(1) Clean appearance;

(2) Free of rust, cracks or other damage visible upon casual inspection;

(3) Paint in good condition. Touch up paint shall match existing paint and blend smoothly;

(4) Grills shall have a neat appearance;

(5) No torn, wrinkled, faded or missing lettering, striping or decals;

(6) Four hubcaps or manufactured wheel covers;

(7) No broken or cracked lights or lenses;

(8) All molding, mirrors and antennas shall be securely attached to the vehicle and in good condition; and

(9) Body of vehicle shall be in good condition with no holes and free of unapproved stickers and decals;

(b) Seats:

(1) Shall be firmly attached to the chassis;

(2) Clear of all materials, litter and debris;

(3) No exposed wire or sharp edges either from metal or vinyl;

(4) No broken springs or horizontal slippage;

(5) Upholstery shall be clean with no offensive odors; and

(6) Upholstery will have no holes or tears on all upholstered surfaces.

(c) Windows:

(1) No cracked or broken windows;

(2) Clean inside and out;

(3) Free of all stickers and decals except those required by the Connecticut General Statutes and Regulations of Connecticut State Agencies;

(4) Shall be operable; and

(5) Shall be equipped with two operable windshield wipers, non-streaking blades and a functional windshield washing system.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-44 Identification of taxicabs

(a) Each and every vehicle authorized and placed in taxicab service within six (6) months after the implementation of these regulations shall be painted according to uniform color scheme chosen by the certificate holder. All of the motor vehicles operated as taxicabs in a certificate holder's fleet shall have one uniform lettering and color scheme. All certificate holders shall register the color scheme with the commissioner within six (6) months from the date of implementation of these regulations.

(b) Any certificate holder operating a taxicab pursuant to a certificate from the commissioner may adopt one trade name or design for each certificate subject to approval by the commissioner. Such trade name shall not reflect the name of a town or area not authorized under the certificate or resemble any other mode of transportation other than that of a taxicab service. Such trade name or design shall:

(1) Have a permanently affixed decal or be permanently painted on both sides of the vehicle; and

(2) Include the name of the certificate holder or trade name under which business is conducted.

(c) Every taxicab shall be equipped with an operating exterior taxicab dome light on the roof which shall be illuminated at all times when the vehicle is in service.

(d) All mandatory lettering, identification numbers and wording, whether in a particular trade name or design, as required by this section and approved by the commissioner, shall be not less than three (3) inches in size, shall be clearly identifiable and shall contrast distinctly with the body color of the taxicab.

(e) No vehicle operated as a taxicab shall have any advertisement placed in the interior or on the exterior window of the vehicle.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-45 Special specifications for sedan and station wagon type vehicle

(a) Each sedan type or station wagon type vehicle shall have a wheel base of not less than one hundred and five (105) inches, two (2) doors on each side of the vehicle and not more than one (1) passenger may occupy the front seat of the vehicle.

(b) All station wagons and suburban type vehicles shall have doors on each side of each seat, or shall have at least two (2) doors, one of which will be on each side of the vehicle. Suburban type vehicles shall have an unobstructed aisle of at least fourteen (14) inches in width leading from the door on the right-hand side of the vehicles to each passenger seat.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-46 Special specifications for van type vehicles

All van type vehicles used in taxicab service are to be a van type unit of standard specification as defined by the manufacturer, which meet all specifications for operation on Connecticut highways, as promulgated by the Connecticut Department of Motor Vehicles and shall include the following:

(a) Seats:

(1) Each van seat shall provide a minimum seating space of sixteen (16) inches per adult passenger and shall face forward;

(2) Van seats shall provide a minimum clearance at the knee level of twelve (12) inches from the front of the seat bottom to the back of the seat in front of it;

(3) No seat shall be allowed in any aisle or stepwell; and

(4) No van seat shall be located so that a passenger occupying such seat would be forward of the driver.

(b) Heaters:

All van type vehicles shall have a minimum of one high output type heater, located in an area to adequately heat and ventilate the entire passenger carrying space. Exhaust heaters shall not be used. Heating systems shall be designed to prevent fumes from entering the van body and all fuel line connections shall be located outside of the passenger compartment.

(c) Roll Bars:

In the event the roof of any van type vehicle in taxicab service is extended, installation of roll bars or roll cages shall be installed and submitted for inspection with certification attesting to roll-over capabilities of withstanding one and one-half (1½) times the curbed weight of the unloaded vehicle. Said certification shall be kept on file with the commissioner.

(d) Mirrors:

Each van type vehicle shall have a mirror which shows the van interior.

(e) Steps and Hand Rails:

(1) Passenger entry steps shall be provided and mounted on the right side of vehicle. When the entrance doors are closed, the steps shall be recessed under the body as close to the under frame as possible to provide maximum under-clearance. The steps shall be equipped with nonskid tread and contrasting color edge markers;

(2) Step wells are to be of either formed aluminum or corrosion resistant steel, with covered corners and adequate reinforcement to prevent deflection and shall measure the full length of the door openings; and

(3) Individual risers shall not exceed eight inches (8) in height, and in the case of more than one riser, all shall be the same height.

(f) Doors:

(1) All van type vehicles shall be equipped with doors on each side of the front seat(s). A side entrance door or doors in the passenger area shall be provided on both sides of the vehicle. These doors shall be of the hinged swing type or sliding type single door;

(2) The vehicles shall be equipped with a rear opening door or doors of the hinged type; and

(3) All doors are to be equipped with a signal to indicate to the operator when any door is unlatched or open.

(g) Interior:

(1) Interior step wells, floors and roof shall be paneled with suitable materials at least equal to that installed by the manufacturer; and

(2) The floor shall be equipped with a non-skid type surface. All aisles shall be kept free of obstructions of any type.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-47 Special specifications for wheelchair accessible vans

In addition to the requirements listed in section 13b-96-46 of the Regulations of Connecticut State Agencies, all wheelchair accessible, modified vans shall contain the following special requirements:

(a) Longitudinal Aisle and Headroom:

All wheelchair equipped, modified vans shall have minimum headroom of seventy-two (72) inches and a minimum aisle width of fourteen (14) inches.

(b) The rear door shall be permanently unobstructed.

(c) Each van type vehicle in taxicab service, authorized for the transportation of wheelchairs, shall also include a step well located at the front right side entrance of the vehicle.

(d) When a wheelchair lift is provided, a wheelchair lift light, which illuminates the lift device and the area outside the vehicle in front and to the side of the lift, shall be provided and shall operate automatically when the side doors are opened.

(e) Wheelchair Restraint System:

All van type wheelchair equipped vehicles shall also be equipped with wheelchair locking devices for each wheelchair authorized in the seating configuration. These locking devices shall be permanently affixed to the floor of the vehicle.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-48 Inspection required

No motor vehicle shall be placed in taxicab service until it has been inspected and approved for use as a taxicab by the Commissioner of Motor Vehicles. No taxicab shall remain in service until it has been re-inspected every six months in accordance with the provisions of section 13b-99(b) of the Connecticut General Statutes and sections 13b-99-1 through 13b-99-8 of the Regulations of Connecticut State Agencies.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-49 Vehicles to be inspected regularly

(a) Each certificate holder shall inspect each of their taxicabs at a minimum of once every three (3) months, to assure that it is properly maintained in a safe, clean, and sanitary condition. A written record of said inspections, including comments on the condition, defects and repairs made, shall be maintained at the Connecticut business address for not less than twenty-four (24) months.

(b) Any and all vehicles in taxicab service shall be subject to inspection, at the request of the commissioner, or the commissioner's employees and agents, for construction and equipment of said vehicle, including but not limited to brakes, tires, lights, suspension, steering, electrical systems and all other equipment used in taxicab service.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-50 Administrative enforcement

(a) Where there is reasonable cause to believe that a certificate holder or taxicab driver is violating or has violated the provisions of the Connecticut General Statutes or the Regulations of the Connecticut State Agencies, the commissioner may initiate enforcement proceedings and schedule a citation hearing pursuant to section 4-182 of the Connecticut General Statutes.

(b) The certificate holder shall be advised of the hearing in accordance with the requirements of section 4-179 of the Connecticut General Statutes.

(c) Failure of the certificate holder or its authorized designee to appear at a hearing ordered by the commissioner shall result in the imposition of sanctions.

History

• Adopted effective November 3, 2000

Regs., Conn. State Agencies § 13b-96-51 Civil penalties and sanctions

(a) When a certificate holder, or a driver who operates a taxicab under the holder's certificate, violates section 13b-96-1 to 13b-96-51, inclusive, of the Regulations of Connecticut State Agencies, the certificate holder shall be assessed a civil penalty and at the discretion of the commissioner, the certificate may be amended, suspended or revoked in accordance with section 13b-97(c) of the Connecticut General Statutes.

(b) Upon determination that a violation of section 13b-96-1 to 13b-96-51, inclusive, of the Regulations of Connecticut State Agencies has occurred, the commissioner shall notify the certificate holder in accordance with section 4-182 of the Connecticut General Statutes.

(c) If the certificate holder fails to appear at the hearing, the hearing will be held and the commissioner will assess the appropriate civil penalties or sanctions.

(d) Failure to make timely payment of the imposed civil penalty, when due, may result in the immediate suspension, revocation or other sanction against the respondent's certificate.

(e) All civil penalties are assessed in accordance with section 13b-97(c) of the Connecticut General Statutes.

History

• Adopted effective November 3, 2000

Department of Motor Vehicles Department of Motor Vehicles

13b-99 Minimum Requirements for the Inspection and Repair of Taxicabs

Regs., Conn. State Agencies § 13b-99-1 Definitions

As used in sections 13b-99-1 through 13b-99-8, inclusive, of the Regulations of Connecticut State Agencies, the following words and phrases shall mean:

(a) "Commissioner" means the commissioner of motor vehicles or his authorized representative:

(b) "Department" means the Department of Motor Vehicles;

(c) "Inspect" means to view closely and critically in order to ascertain, in accordance with accepted inspection standards, if the vehicle is in proper mechanical condition and all manufactured systems, including but not limited to safety-related equipment, are intact;

(d) "Inspection procedure" means the step-by-step process for inspecting a taxicab contained in the publication of the department entitled "Taxicab Inspection Procedure" dated 8/90 as such publication may be revised and updated;

(e) "Inspection report" means the department form entitled "Public Transportation Vehicle Inspection Certification" as such form may be revised and updated and used to record the results of a taxicab inspection;

(f) "Inspection standards" includes both (1) the publication entitled "Passenger Vehicle Inspection Guidelines" as from time to time revised and updated, and insofar as the standards may be applied under field conditions using ordinary visual and manual inspection techniques; and, (2) equipment and performance standards established by any provision of Title 14 of the Connecticut General Statutes, as amended;

(g) "Inspector" means a person authorized by the commissioner of motor vehicles having powers granted in accordance with section 14-8 of the Connecticut General Statutes;

(h) "Repair" means to restore by replacing a part or fixing what is torn, broken, or otherwise malfunctioning;

(i) "Taxicab" means a taxicab as defined in section 13b-95 of the Connecticut General Statutes which has been granted a certificate of public convenience and necessity by the Connecticut Department of Transportation as provided in section 13b-97 of the Connecticut General Statutes.

History

• Effective July 27, 1993; Amended April 13, 2007

Regs., Conn. State Agencies § 13b-99-2 Inspection required

(a) Each taxicab shall be inspected biennially within the ninety day period immediately preceding the expiration date of its registration. The commissioner may, in his discretion, designate another schedule for such biennial inspections in order to administer the program more efficiently or economically.

(b) All inspections performed pursuant to the provisions of this section shall be performed by a licensed dealer or repairer, authorized by the commissioner to conduct such inspections, in accordance with the inspection procedures and inspection standards as defined in section 13b-99-1 of the Regulations of Connecticut State Agencies. No inspection, conducted pursuant to the provisions of subsection (a) of this section shall be performed by a person, firm, or corporation with an ownership interest in the inspected vehicle or by any person employed by a person, firm, or corporation with an ownership interest in the inspected vehicle. For the purpose of this subsection, the term "ownership interest" shall include, but not be limited to, sole or joint ownership; a partnership interest; or being an officer, director, or shareholder of a corporation.

(c) The inspection of a taxicab, that is to be placed in service for the first time, shall be conducted by the Department at a designated branch of the Department with indoor inspection lanes. No taxicab shall be eligible for initial registration by the commissioner unless it has passed such inspection conducted by DMV. A list of designated branches will be maintained at the main office of the Department and shall be available upon request to any member of the public.

(d) A licensed dealer or repairer authorized by the commissioner to conduct such inspections shall be allowed to charge a maximum fee of twenty dollars ($20) for each inspection performed. There shall be no fee charged for the re-inspection of failed items cited during the initial inspection.

(e) If a taxicab operator fails to comply with the inspection requirements of this section, the commissioner shall deny the renewal of its registration, and shall not permit registration until the taxicab meets such requirements.

History

• Effective July 27, 1993; Amended April 13, 2007

Regs., Conn. State Agencies § 13b-99-3 Inspection report

(a) Each taxicab inspected by an authorized licensed dealer or repairer shall be issued an inspection report on a form provided by the commissioner. The report shall fully identify the taxicab, the date and time of the inspection, the place of inspection, the result of such inspection, and any other information required by the commissioner. The report shall be signed by the licensed dealer or repairer who performed the inspection. A copy of such report shall be furnished to the operator of each taxicab inspected and shall be carried in the taxicab at all times while the taxicab is being operated on a public highway. The report shall be retained by the licensed dealer or repairer, who performed the inspection, for a period of three years and made available for inspection upon request by any police officer or inspector designated by the commissioner. Failure to comply with any of the provisions of this section shall be a violation.

(b) The owner and operator of a taxicab shall conduct routine inspections of the vehicle and keep records of such inspection activity in a clear, logical and accurate format. Such records shall be made available for inspection upon request.

History

• Effective July 27, 1993; Amended April 13, 2007

Regs., Conn. State Agencies § 13b-99-4 Taxicab renewal registration. Inspection report

A copy of the most recent inspection report showing that an inspection has been performed in accordance with the biennial schedule provided for in section 13b-99-2 of the Regulations of Connecticut State Agencies shall be submitted to the department by attaching it to the registration renewal application. No registration renewal of a taxicab shall be issued unless the inspection report submitted with the renewal application indicates that the taxicab has passed the required inspection.

History

• Effective July 27, 1993; Amended April 13, 2007

Regs., Conn. State Agencies § 13b-99-5 Results of inspection

A taxicab which does not have a current inspection report indicating that the taxicab has passed the required safety inspection shall not be operated on the highways to solicit or carry passengers. The owner of any taxicab who permits the carrying of passengers in such taxicab without a current inspection report indicating that the taxicab has passed the safety inspection shall commit an infraction, in accordance with the provisions of section 14-137 (a) of the Connecticut General Statutes.

History

• Effective July 27, 1993; Amended April 13, 2007

Regs., Conn. State Agencies § 13b-99-6 Unscheduled inspections

The commissioner may, in his discretion, require and conduct an inspection of a taxicab, without charge, at any time during normal business hours.

History

• Effective July 27, 1993; Amended April 13, 2007

Regs., Conn. State Agencies § 13b-99-7 (Repealed)

Repealed April 13, 2007.

Regs., Conn. State Agencies § 13b-99-8 Violations. Hearings

(a) A taxicab owner who has committed a violation as enumerated in Sections 13b-99-1 to 13b-99-5, inclusive, is subject to suspension, revocation or non-renewal of the taxicab registration in accordance with the provisions of Section 14-111 of the Connecticut General Statutes.

(b) Any owner of a taxicab that is subject to suspension, revocation or nonrenewal of the registration of such taxicab in accordance with sections 13b-99-2 through 13b-99-5, inclusive, of the Regulations of Connecticut State Agencies shall be entitled to notice and an opportunity for hearing regarding such action in accordance with Chapter 54 of the Connecticut General Statutes.

(c) Any motor vehicle dealer or repairer licensed and authorized to perform taxicab inspections pursuant to section 13b-99-2 of the Regulations of Connecticut State Agencies, who makes any false statement on an inspection report shall be deemed to have violated section 14-64 (4) of the Connecticut General Statutes and shall be subject to the penalties prescribed for such violation.

History

• Effective July 27, 1993; Amended April 13, 2007

Department of Transportation Department of Transportation

13b-283 Maintenance and Repair of Orphan Bridges

Regs., Conn. State Agencies § 13b-283-1 Definitions

For the purpose of Sections 13b-283-2 through 13b-283-9 shall mean:

(1) "AASHTO" means the American Association of State Highway and Transportation Officials.

(2) "Additional Work" means contract items and/or related services construed or performed as a part of a project which have been specifically requested by the municipality of the railroad and which are determined by the commissioner to be not essential to the repair or replacement of a structure.

(3) "Alternative Analysis" means the consideration of various degrees of structural replacements to ensure the most cost effective means to ensure a safe, reliable and long-term intersection of railroad and highway rights-of-way. Such analysis should also include establishment of at-grade crossings, where allowable, or the removal of a structure where traffic can be reasonably redirected.

(4) "Bridge Replacement" means the complete replacement of the structure including any necessary approach work.

(5) "Coding Guide" means the "Recording and Coding Guide For the Structure Inventory and Appraisal of the Nation’s Bridges," dated January, 1979, as may be updated from time to time, prepared by the Federal Highway Administration.

(6) "Commissioner" means the Commissioner of the Connecticut Department of Transportation.

(7) "Condition Rating of Substructure" means the numerical rating of from 0 to 9 applicable to the substructure of a bridge determined in accordance with the criteria set forth in the Coding Guide.

(8) "Condition Rating of Superstructure" means the numerical rating of from 0 to 9 applicable to the condition of the superstructure of a bridge determined in accordance with the criteria set forth in the Coding Guide.

(9) "Construction Contract" means an agreement between the State and a contractor whereby the contractor undertakes to remove or replace, in whole or part, an orphan bridge.

(10) "Deck Condition Rating" means the numerical rating of from 0 to 9 applicable to the condition of the deck of a bridge determined in accordance with the criteria set forth in the Coding Guide.

(11) "Deck Replacement" means the complete replacement of that portion of the superstructure that provides a smooth traveling surface for motor vehicles, including subdecking and wearing surface if any, and includes curbing within the limits of the replacement.

(12) "Department" means the Connecticut Department of Transportation.

(13) "Inventory Rating In Tons" means the numerical rating of from 0 to 20 applicable to the load rating of a span determined in accordance with the single unit inventory rating criteria set forth in the Coding Guide.

(14) "Maintenance" means any interim work done to preserve the bridge’s structural elements to ensure its continued safe utilization.

(15) "Municipal Road" means any road accepted, owned and maintained by a municipality and open to traffic.

(16) "Municipality" means any town, city, borough, consolidated town and city, consolidated town and borough, district or other political subdivision of the State.

(17) "Non-structural Elements" means curbs, sidewalks, lighting, fencing and wearing surface except those wooden deck surfaces generally considered to be structural elements.

(18) "Orphan Bridge" means any bridge which spans a railroad right-of-way not owned by the State that carries a municipal road.

(19) "Physical Conditions" means the physical condition of an orphan bridge based on its structural deficiencies, sufficiency rating and load capacity, all as determined by the Commissioner.

(20) "Priority Listing" as determined by the Commissioner means the listing of bridges which shall be developed considering the following formula and other factors:

"SR" means sufficiency rating

"DC" means deck condition rating

"SUB" means condition rating of substructure

"SUP" means condition rating of superstructure

"IR" means inventory rating in tons

Having completed this computation for each structure, the commissioner shall then consider the essentiality, criticality of defect, and load carrying capacity of the structure in establishing its final priority listing. This listing may be modified and updated as necessary.

(21) "Project" means any orphan bridge, superstructure or deck replacement in whole or in part, or bridge removal and/or at-grade crossing construction work initiated by the Department.

(22) "Project Costs" means the costs of a replacement project determined by the Commissioner to be necessary and reasonable in accordance with Section 13b-283-7 of these regulations.

(23) "Railroad" or "Railroad Company" means the railroad company owning the orphan bridge which spans the railroad’s right-of-way.

(24) "Repair" means any initiated project required to return the existing structure to a suitable condition to perform satisfactorily for a substantial period of time or to replace or remove the entire structure.

(25) "Sufficiency Rating" means the sufficiency rating of a span determined in accordance with the criteria set forth in the Coding Guide.

(26) "Structural Integrity" means a physical condition which is equal to or greater than minimum AASHTO standards for town roads and bridges.

(27) "Superstructure Replacement" means the complete replacement of the superstructure including deck, wearing surface, parapets, curbing and sidewalk on the existing abutments, piers and/or bents and also includes replacement of the fencing and guide railing beyond the limits of the superstructure as necessary for an integral system.

History

• Effective June 27, 1986

Regs., Conn. State Agencies § 13b-283-2 Responsibilities of the state

(A) Inspection

The Commissioner shall inspect all orphan bridges in accordance with National Bridge Inspection Standards.

(B) Priority Listings

(1) On or before July 1, 1986, the Commissioner shall establish a priority listing, based upon existing data, for each orphan bridge. The list so determined shall constitute the basic order in which projects are considered.

(2) On or before July 1, 1986, the Commissioner shall issue to the affected municipalities and railroads a listing of projects based upon the priority listing, and for which funds will be requested in State Fiscal Years 1987 and 1988.

(3) On or before January 1 in each succeeding year, the Department shall issue to the affected municipalities and railroads updated priority listings for the entire program as well as a priority listing for the fiscal year beginning the following July 1.

(4) Notwithstanding the provision of Subsections (1), (2) and (3), the Commissioner may disregard, at his discretion, the priority listing for the purpose of public emergency or other relevant reason.

(C) Maintenance

The State shall be solely responsible for the maintenance, as defined in Section 13b-283-1 of these regulations, of all orphan bridges.

History

• Effective June 27, 1986

Regs., Conn. State Agencies § 13b-283-3 Responsibilities of the municipality

(1) The municipality in which such orphan bridge is located shall keep in a suitable condition the wearing surface and all non-structural elements on the bridge, and shall be responsible for the removal of ice and snow from the bridge. The cost of these responsibilities shall be borne solely by the municipality.

(2) The municipality shall be responsible for promptly posting and enforcing the load limits for each orphan bridge when so directed by the Commissioner.

(3) Upon demand, but no sooner than thirty days prior to the contract advertising date, the municipality legally obligated to participate in each project during that fiscal year shall deposit with the State the full municipal share of each project.

(4) The municipality shall hold the State harmless for personal injury and property damage resulting from the municipality's failure to carry out its responsibilities under this Section.

History

• Effective June 27, 1986

Regs., Conn. State Agencies § 13b-283-4 Responsibilities of the railroad

(1) Upon reasonable notice, except in the case of circumstances deemed as public emergency by the Commissioner, the railroad shall provide, without charge or fee, the right of entry and necessary protection services and equipment for Department personnel undertaking inspections or maintenance required under these regulations. The railroad shall solely bear the cost of these responsibilities.

(2) Upon demand, but no sooner than thirty days prior to the contract advertising date, a railroad legally obligated to participate in one or more projects during that fiscal year shall deposit with the State the full railroad share of each project.

(3) The railroad shall hold the State harmless for personal injury and property damage resulting from the railroad's failure to carry out the railroad's responsibility under this Section.

History

• Effective June 27, 1986

Regs., Conn. State Agencies § 13b-283-5 Apportionment of cost

(1) The State shall pay seventy percent (70%) of all project costs. The municipality in which the orphan bridge is located shall pay fifteen percent (15%) of all project costs. The railroad over which an orphan bridge passes shall pay fifteen percent (15%) of all project costs, except on those projects where a federal aid funding is used, the Railroad's share shall be in accordance with federal law. In the case where more than one railroad company owns track beneath an orphan bridge, the cost shall be divided equally between such railroad companies.

For those portions of the project costs that the municipality and the railroad are legally obligated to pay, there shall be no restrictions on the source of these funds and may include funds made available through other Federal or State grant or loan programs, as those programs allow.

(2) The State shall bear the full cost of orphan bridge inspection and maintenance as defined in Section 13b-283-1 of these regulations. Services provided by the municipality and the railroad in accordance with Section 13b-283-3, Subsection (1) and Section 13b-283-4, Subsection (1) respectively, shall be considered as "in-kind service" contributions for expenses incurred by the Department for inspection and maintenance.

History

• Effective June 27, 1986

Regs., Conn. State Agencies § 13b-283-6 Project scope and costs for projects

Prior to the start of design the Commissioner shall solicit input from the municipality and the railroad for the purpose of defining the scope of the project.

After due consideration, the Commissioner shall have final authority in determining the scope and allowable costs relative to all projects. All elements of work and project costs must be determined to be reasonable and necessary. Such determination will be made when, in their nature and amount, they do not exceed that which would be prescribed by a prudent person in the conduct of a competitive business. Requests for additional work by the municipality or the railroad will be considered provided the expense of this work is borne solely by the party requesting such work.

(A) Alternative Analysis

(1) In establishing project scopes and related project costs, the Commissioner shall consult with the affected municipality and railroad to determine the most cost effective measure to ensure a safe, reliable, and long-term solution for the intersection of railroad and highway rights-of-way. All alternatives to grade separation which can be effected under existing State statute or Department policy, may be considered. If any orphan bridge is replaced by an at-grade crossing, the State will have no responsibility in the continued maintenance or repair of the crossing surface or protective devices. Maintenance and repair of such crossings shall become the responsibility of the railroad and the municipality in accordance with State statute.

(2) Those items of cost which will ordinarily be considered as allowable costs and in which all parties must participate include:

(a) preliminary engineering activities;

(b) property acquisition;

(c) construction engineering studies including inspection and materials testing;

(d) construction costs.

History

• Effective June 27, 1986

Regs., Conn. State Agencies § 13b-283-7 Joint agreements

Terms, conditions, scope of work and the obligation of funds which control the administration of each orphan bridge project will be contained in an agreement jointly executed by the State, the municipality and the railroad.

History

• Effective June 27, 1986

Regs., Conn. State Agencies § 13b-283-8 Powers of the commissioner in a public emergency

(1) When, for whatever reason, the physical condition of an orphan bridge requires its closure or a substantial reduction in its load carrying capacity resulting in the isolation of, or a significant delay in, the accessibility of emergency vehicle services to people, to an extent that the safety of such people is jeopardized, the Commissioner may declare a public emergency. Having made such declaration the Commissioner will exercise full statutory authority in employing such agents, assistants or employees for the prompt restoration of access across the railroad right-of-way.

(2) In restoring access under a declared public emergency, the Commissioner shall have the right to apportion costs, in accordance with Section 13b-283-5 of these regulations, to the municipality and the railroad.

History

• Effective June 27, 1986

Regs., Conn. State Agencies § 13b-283-9 Sanctions

In the event that any municipality or railroad fails to meet its legal obligation pursuant to any section of these regulations, the Commissioner may enforce any provision of these regulations pursuant to his authority under Conn. Gen. Stat. §13b-235.

History

• Effective June 27, 1986

13b-345b Maintenance, Inspection and Testing of Railroad Grade Crossing Signal Systems and Devices

Regs., Conn. State Agencies § 13b-345b-1—13b-345b-7 (Repealed)

Repealed November 5, 1999.

13b-354a Removal of Debris From Railroad Rights-of-Way

Regs., Conn. State Agencies § 13b-354a-1 Form of complaint

(a) All complaints shall cite by appropriate reference the statutory authority under which relief is sought.

(b) All complaints shall include the exact location and nature of the debris alleged to be in violation of Sec. 3 of Public Act 89-372.

(c) All facts stated in the complaint must be verified by the oath of a recognized railroad labor representative.

History

• Effective July 5, 1990

Regs., Conn. State Agencies § 13b-354a-2 Delivery of correspondence

(a) All mailings made in accordance with Sec. 3 of Public Act 89-372 and these regulations shall be by certified mail, return receipt requested.

(b) Department of Transportation copies of all correspondence shall be mailed to the Director of Rail Operations, Department of Transportation, 24 Wolcott Hill Road, Wethersfield, Connecticut 06109.

History

• Effective July 5, 1990

Regs., Conn. State Agencies § 13b-354a-3 Report of findings-orders

When the Director of Rail Operations receives notification that the railroad superintendent of the division involved takes issue or disagrees with the complaint filed, he shall designate a member of his staff to investigate the complaint, inspect the location and prepare a written report of findings. Said report and any orders resultant therefrom shall be forwarded to both the complainant and the railroad superintendent. The railroad superintendent and labor representative shall cooperate fully with the Department's investigation.

History

• Effective July 5, 1990

Regs., Conn. State Agencies § 13b-354a-4 Enforcement

If at the end of the tenth day following the issuance of any order requiring a remedial action, the Director verifies that such action has not been initiated, the Department may invoke the authority contained in Sections 13b-275, 13b-315 or 13b-375 of the Connecticut General Statutes.

History

• Effective July 5, 1990