Sec. 14-44. License endorsement for operators of commercial motor vehicles used for passenger transportation, school buses, taxicabs, motor vehicles in livery service, motor or service buses, student
Sec. 14-44. License endorsement for operators of commercial motor vehicles
used for passenger transportation, school buses, taxicabs, motor vehicles in livery
service, motor or service buses, student transportation vehicles and activity vehicles. Requirements. Hearing. Appeal. Report re persons whose license or endorsement has been withdrawn, suspended or revoked. Penalty. (a)(1) No person shall
operate a commercial motor vehicle used for passenger transportation on any public
highway of this state until such person has obtained a commercial driver's license with
a passenger endorsement from the commissioner, except a nonresident who holds such
license with such endorsement issued by another state. (2) No person shall operate a
school bus until such person has obtained a commercial driver's license with a school
bus endorsement, except that a person who holds such a license without such endorsements may operate a school bus without passengers for the purpose of road testing or
moving the vehicle. (3) No person shall operate a taxicab, motor vehicle in livery service,
motor bus or service bus until such person has obtained an operator's license bearing
an endorsement of the appropriate type from the commissioner issued in accordance
with the provisions of this section and section 14-36a. (4) No person shall operate a
student transportation vehicle, as defined in section 14-212 or activity vehicle until such
person has obtained an operator's license bearing an endorsement of the appropriate
type from the commissioner issued in accordance with the provisions of this section
and section 14-36a.
(b) No operator's license bearing an endorsement shall be issued or renewed in
accordance with the provisions of this section or section 14-36a, until the commissioner,
or the commissioner's authorized representative, is satisfied that the applicant is a proper
person to receive such an operator's license bearing an endorsement, holds a valid motor
vehicle operator's license, or, if necessary for the class of vehicle operated, a commercial
driver's license and is at least eighteen years of age. Each applicant for an operator's
license bearing an endorsement or the renewal of such a license shall furnish the commissioner, or the commissioner's authorized representative, with satisfactory evidence, under oath, to prove that such person: Has no criminal record, has not been convicted of
a violation of subsection (a) of section 14-227a within five years of the date of application
and that no reason exists for a refusal to grant or renew such an operator's license bearing
an endorsement. Each applicant for such an operator's license bearing an endorsement
shall submit with the application proof satisfactory to the commissioner that such applicant has passed a physical examination administered not more than ninety days prior
to the date of application, and which is in compliance with safety regulations established
from time to time by the United States Department of Transportation. Each applicant
for renewal of such license shall present evidence that such applicant is in compliance
with the medical qualifications established in 49 CFR 391, as amended. Each applicant
for such an operator's license bearing an endorsement shall be fingerprinted before the
license bearing an endorsement is issued.
(c) The commissioner may issue, withhold, renew, suspend, cancel or revoke any
endorsement required to operate a motor vehicle that transports passengers, as provided
in subsection (c) of section 14-36a. The commissioner may, in making his decision,
consider the age, accident and criminal record, moral character and physical condition
of any such applicant or endorsement holder and such other matters as the commissioner
may determine. The commissioner may require any such applicant or endorsement
holder to furnish the statements of two or more reputable citizens, which may be required
to be under oath, vouching for the good character or other qualifications of the applicant
or endorsement holder.
(d) Upon the arrest of any person who holds an operator's license bearing a school
endorsement charged with a felony or violation of section 53a-73a, the arresting officer
or department, within forty-eight hours, shall cause a report of such arrest to be made
to the commissioner. The report shall be made on a form approved by the commissioner
containing such information as the commissioner prescribes. The commissioner may
adopt regulations, in accordance with chapter 54, to implement the provisions of this
subsection.
(e) Prior to issuing an operator's license bearing a school endorsement or bearing
the appropriate type of endorsement for operation of a student transportation vehicle
pursuant to subdivision (4) of subsection (a) of this section, the commissioner shall
require each applicant to submit to state and national criminal history records checks,
conducted in accordance with section 29-17a, and a check of the state child abuse and
neglect registry established pursuant to section 17a-101k. If notice of a state or national
criminal history record is received, the commissioner may, subject to the provisions of
section 46a-80, refuse to issue an operator's license bearing such endorsement and, in
such case, shall immediately notify the applicant, in writing, of such refusal. If notification that the applicant is listed as a perpetrator of abuse on the state child abuse and
neglect registry established pursuant to section 17a-101k is received, the commissioner
may refuse to issue an operator's license bearing such an endorsement and, in such case,
shall immediately notify the applicant, in writing, of such refusal. The commissioner
shall not issue a temporary operator's license bearing a school endorsement or bearing
the appropriate type of endorsement for operation of a student transportation vehicle.
(f) Notwithstanding any other provision of this section, the commissioner shall not
issue an operator's license bearing an endorsement to transport passengers who are
students, and shall suspend any such endorsement that has been issued, to any person
who has been convicted of a serious criminal offense, as determined by the commissioner, or convicted of any provision of federal law or the law of any other state, the
violation of which involves conduct that is substantially similar to a violation determined
by the commissioner to be a serious criminal offense, if any part of the sentence of such
conviction has not been completed, or has been completed during the preceding five
years. The commissioner shall adopt regulations, in accordance with chapter 54, to
implement the provisions of this subsection.
(g) Any applicant who is refused an operator's license bearing an endorsement or
the renewal of such a license, or whose operator's license bearing an endorsement or
the renewal of such a license is withdrawn or revoked on account of a criminal record,
shall be entitled to a hearing if requested in writing within twenty days. The hearing
shall be conducted in accordance with the requirements of chapter 54 and the applicant
may appeal from the final decision rendered therein in accordance with section 4-183.
(h) Notwithstanding the provisions of section 14-10, the commissioner shall furnish
to any board of education or to any public or private organization that is actively engaged
in providing public transportation, including the transportation of school children, a
report containing the names and motor vehicle operator license numbers of each person
who has been issued an operator's license with one or more endorsements, authorizing
such person to transport passengers in accordance with the provisions of section 14-36a, but whose license or any such endorsement has been withdrawn, suspended or
revoked by the commissioner in accordance with the provisions of this section, or any
other provision of this title. The report shall be issued and updated periodically in accordance with a schedule to be established by the commissioner. Such report may be transmitted or otherwise made available to authorized recipients by electronic means.
(i) Violation of any provision of this section shall be an infraction.
(1949 Rev., S. 2384; 1963, P.A. 336; 372; 1969, P.A. 110, S. 1; 1971, P.A. 612, S. 4; 1972, P.A. 127, S. 17; P.A. 74-152; P.A. 75-213, S. 10, 53; 75-577, S. 22, 126; P.A. 76-382, S. 2; P.A. 83-340, S. 2, 4; P.A. 84-254, S. 31, 62; 84-429,
S. 25; P.A. 85-148, S. 2; P.A. 87-329, S. 7; 87-585, S. 1; P.A. 89-320, S. 1, 2, 12; P.A. 90-112, S. 12, 14; 90-263, S. 10,
74; P.A. 91-272, S. 1, 8; May Sp. Sess. P.A. 92-11, S. 62, 70; P.A. 93-341, S. 13-15, 38; P.A. 01-175, S. 9, 32; P.A. 02-70, S. 83; P.A. 03-278, S. 37; P.A. 04-217, S. 4; P.A. 05-218, S. 6; P.A. 06-130, S. 10; P.A. 07-167, S. 47; 07-224, S. 1;
June Sp. Sess. P.A. 07-5, S. 20.)
History: 1963 acts raised minimum age requirement from 18 to 21 and added provisions for examination of operating
ability and fee for same; 1969 act replaced interstate commerce commission with United States department of transportation
and required that applicants for public service license to operate school bus be at least nineteen and not more than 69 years
old; 1971 act replaced reference to repealed Sec. 14-30 with reference to Sec. 14-34; 1972 act changed minimum age for
public service vehicle license from 21 to 18, reflecting change in age of majority, and deleted minimum age of 19 for
school bus operator's license; P.A. 74-152 made provisions applicable to operation of service buses as well as public
service motor vehicles and expanded provisions re physical examinations; P.A. 75-213 raised examination fee from $2 to
$2.50; P.A. 75-577 replaced provision for maximum $50 fine for violation of provisions with statement that violation
constitutes an infraction; P.A. 76-382 added Subsec. (b) re validity of license issued by other state or country; P.A. 83-340 amended Subsec. (a) deleting the statement providing that an applicant for a public service license to operate a school
bus shall not be older than 69 years of age; P.A. 84-254 amended Subsec. (a) to increase the examination fee from $2.50
to $5 as of July 1, 1992; P.A. 84-429 relettered Subsecs., rephrased provisions and made other technical changes; P.A. 85-148 amended Subsec. (a), eliminating requirement for nonresidents holding a valid out-of-state public service motor vehicle
operator's license to obtain a license to operate in this state if vehicle is engaged in intrastate commerce; P.A. 87-329
amended Subsec. (b), maintaining the fee at the level existing on and after July 1, 1986, and decreasing the fee effective July
1, 1992, to the level formerly existing on and after July 1, 1988; P.A. 87-585 amended Subsec. (b), requiring prerequisites for
issuance of license to apply to renewals and applicants to furnish evidence of absence of convictions for violations of Sec.
14-227a(a) within 1 year and negative drug test results, and added new provisions in Subsec. (d) re issuance of a 90-day
temporary license to applicants who intend to operate a school bus, relettering remaining Subdivs. accordingly; P.A. 89-320 amended Subsec. (b) to require applicants to furnish evidence of absence of convictions for violations of Sec. 14-227a(a) within 5 years instead of within 1 year and amended Subsec. (d) to require commissioner to request criminal record
for each applicant from state police bureau of identification and to forward fingerprints obtained under Subsec. (b) to bureau
which shall submit fingerprints to FBI for a national criminal history records check, to authorize immediate withdrawal of
the temporary license if notice of a criminal record is received within 90 days, subject to the provisions of Sec. 46a-80 and
to require the licensee and his employer to be notified immediately in writing of receipt of a criminal record, making
technical changes as necessary; P.A. 90-112 amended Subsecs. (a), (d) and (e) to include references to operation of student
transportation vehicles; P.A. 90-263 divided Subsec. (a) into two subdivisions, inserting in Subdiv. (1) prohibition on
operation of commercial motor vehicles used for passenger transportation until operator has obtained a commercial driver's
license with a passenger endorsement, deleting references to public service motor vehicle or service bus and public service
motor vehicle operator's license, and inserting in Subdiv. (2) prohibition on operation of school bus, student transportation
vehicle, taxicab, motor vehicle in livery service, motor bus or service bus until operator has obtained a public passenger
transportation permit, amended remaining Subsecs. to substitute public passenger transportation permit for public service
motor vehicle operator's license, amended Subsec. (d) to insert references to "student transportation vehicle" after references to "school bus", and amended Subsec. (e) to provide that any applicant refused a permit on account of a criminal
record shall be entitled to a hearing, if requested, and to permit applicant to appeal from final decision in accordance with
Sec. 4-183, effective July 1, 1991; P.A. 91-272 amended Subsec. (b) to apply to applicants for renewal on and after July
1, 1992, amended Subsec. (d) to require applicants for a temporary permit or for renewal of a permit to submit to a state
criminal history records check prior to issuance of such temporary permit or renewal and to make numerous changes
throughout the Subsec., and amended Subsec. (e) to apply to applicants who are refused a renewal or whose permit or
renewal is withdrawn or revoked on account of a criminal record; May Sp. Sess. P.A. 92-11 amended Subsec. (a) by
deleting phrase "or a student transportation vehicle, as defined in section 14-212"; P.A. 93-341 amended Subsec. (a)(2)
to provide that no person may operate a school bus carrying passengers without having obtained a commercial driver's
license with a passenger endorsement and a school endorsement and substituted references to passenger or school endorsements for references to public passenger transportation permits throughout section, effective July 1, 1994, amended Subsec.
(b) by inserting references to an "operator's license bearing an endorsement" and by revising the provisions regarding
drug testing and physical examinations of applicants, effective July 1, 1993, amended Subsec. (d) by deleting provisions
regarding a 90-day temporary permit pending completion of a national criminal history records check, and deleted Subsec.
(f) which had specified contents of public passenger transportation permits in its entirety and relettered remaining Subsec.
accordingly, effective July 1, 1994; P.A. 01-175 amended Subsec. (d) by making a technical change for the purposes of
gender neutrality and by replacing language re state criminal history checks, fingerprinting and fee charged with language
re state and national criminal history checks pursuant to Sec. 29-17a, effective July 1, 2001; P.A. 02-70 made a technical
change in Subsec. (a)(3), added new Subsec. (d) to require the arresting officer or department, upon the arrest of any person
who holds an operator's license bearing a school endorsement for a felony or violation of Sec. 53a-73a, to report such
arrest to the commissioner within 48 hours, to specify form of such report and to authorize adoption of regulations, and
redesignated existing Subsecs. (d) to (f) as Subsecs. (e) to (g), effective June 3, 2002; P.A. 03-278 made technical changes
in Subsec. (f), effective July 9, 2003; P.A. 04-217 amended Subsec. (a) to include "activity vehicle" as vehicle requiring
operator to have appropriate endorsement, amended Subsec. (b) to eliminate public passenger transportation permit, to
eliminate provision requiring applicant for license with endorsement or renewal of license with endorsement to have
received negative drug test results in two or more urine tests if administered within 1 year of date of application and to
substitute requirement that applicant for renewal of such license present evidence that applicant is in compliance with
medical qualifications under federal law, amended Subsec. (c) to change references to "permittee" to "endorsement holder",
to eliminate "passenger or school" endorsement and substitute endorsement "required to operate a motor vehicle that
transports passengers", and made technical changes, effective January 1, 2005; P.A. 05-218 amended Subsec. (a)(3) by
adding camp vehicles; P.A. 06-130 added new Subsec. (g) re notification of school boards and providers of public transportation of drivers whose licenses or endorsements have been withdrawn, suspended or revoked and redesignated existing
Subsec. (g) as Subsec. (h); P.A. 07-167 amended Subsec. (a)(3) by deleting reference to camp vehicle, effective July 1,
2007; P.A. 07-224 amended Subsec. (a) by repositioning existing provisions re endorsement for taxicabs, motor vehicles
in livery service and motor or services buses as Subdiv. (3), redesignating existing provisions re endorsement for student
transportation vehicles and activity vehicles as Subdiv. (4) and deleting "camp vehicle", amended Subsec. (b) by requiring
evidence furnished by applicant to be under oath, amended Subsec. (e) by adding provisions re endorsement for operation
of student transportation vehicle, re check of state child abuse registry and notification that applicant is listed thereon and
re prohibition on issuance of temporary operator's license, by deleting provision re withdrawal of operator's license bearing
school endorsement and by making conforming changes, added new Subsec. (f) re convictions, redesignated existing
Subsecs. (f), (g) and (h) as Subsecs. (g), (h) and (i), amended redesignated Subsec. (h) to require report to be furnished by
commissioner and made technical changes throughout, effective July 1, 2007; June Sp. Sess. P.A. 07-5 amended Subsec.
(e) to substitute "abuse and neglect" for "abuse", reorganize provisions and delete reference to Sec. 46a-80 re perpetrators
of abuse listed on registry, effective October 6, 2007.
See chapter 881b re infractions of the law.
Cited. 148 C. 456.