Sec. 14-80h. Brake equipment of motor vehicles. Compression brake device to be equipped with muffler. Regulations.
Sec. 14-80h. Brake equipment of motor vehicles. Compression brake device
to be equipped with muffler. Regulations. (a) Each motor vehicle, other than a motorcycle, shall be equipped, when operated on a highway, with at least two braking systems
one of which shall be a service brake system and the other a parking brake system. Each
braking system shall have a separate means of application by the operator. Each braking
system, including any power assist devices used to reduce operator braking effort, shall
be maintained in good working order at all times.
(b) The service brake system, upon actuation by the operator, shall be effective in
directly applying braking action on all wheels except as provided in the Code of Federal
Regulations Title 49, Section 393.42, as amended. The service brake system employed
on vehicles manufactured after January 1, 1968, shall be so designed and constructed
that the wheel brakes on at least one axle operate separately from the wheel brakes on
at least one other axle in a manner that will provide braking effort on at least two wheels
in the event of a failure in any singular part or component of the service brake system,
excluding the common actuation pedal or lever and excluding a structural failure of the
brake distribution mechanism housing, effectiveness indicator body or other housing
common to the divided brake actuation system. The service brakes, upon application
by the operator, shall be capable of bringing the motor vehicle to a controlled stop within
such distance and under such conditions as prescribed by the commissioner.
(c) The parking brake system, upon actuation by the operator, shall be effective in
applying braking action either directly or indirectly on at least two wheels. The parking
brake system shall be capable of holding the motor vehicle or combination of vehicles
attached thereto stationary under any condition of loading on any upgrade or downgrade
on which it is operated.
(d) If the service brake system or the parking brake system are functionally connected in any way, they shall be so constructed that failure of any one part of the operating
mechanism shall not leave the motor vehicle without braking ability on at least two
wheels.
(e) The commissioner shall not register a motor vehicle unless it is equipped with
brakes which are adequate, in his opinion, to safely control the movement of the motor
vehicle. The commissioner may make, or cause to be made, regulations or tests in relation
to any motor vehicle brakes.
(f) On and after January 1, 1989, no person may operate any vehicle with a gross
vehicle weight of ten thousand pounds or more with a braking system which fails to
conform with the safety standards established under the provisions of this subsection.
Not later than January 1, 1989, the commissioner shall adopt regulations in accordance
with the provisions of chapter 54 establishing safety standards for braking systems utilized on vehicles with a gross vehicle weight of ten thousand pounds or more. Such
regulations shall include (1) the identification of any mechanical defect in the braking
system which may result in such vehicle being declared out of service in accordance
with the provisions of the Code of Federal Regulations Title 49, Sections 393.40 to
393.52, inclusive, and 396.3, as amended, and (2) the establishment of a classification
of defects or combination of defects which in combination are deemed to be severe.
Any person who operates any such vehicle with any severe defect or combination of
defects which in combination are deemed to be severe shall be fined not less than two
hundred fifty dollars nor more than five hundred dollars.
(g) The provisions of this section shall not apply to any pole trailer.
(h) Any person who violates any provision of subsections (a) to (e), inclusive, of
this section shall be deemed to have committed an infraction for each offense.
(i) Each truck, tractor or truck tractor that is equipped with an engine compression
brake device shall be equipped with a muffler, in good working condition, for such
device. In addition to any penalty for violating the decibel level provisions of section
14-80a, any person who operates such a truck, tractor or truck tractor in violation of
this subsection shall be fined not more than five hundred dollars. The Department of
Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54,
to implement this subsection.
(P.A. 84-429, S. 30; P.A. 88-313, S. 1, 2; P.A. 05-218, S. 24.)
History: P.A. 88-313 amended Subsec. (b) to eliminate provision that brakes need not be operative on single steering
axle of tractor used with tractor-trailer combination and added exception as provided in code of federal regulations and
inserted new Subsec. (f) to prohibit operation of any vehicle weighing 10,000 pounds or more with a braking system which
fails to conform with safety standards established under this subsection, relettering remaining Subsecs. accordingly; P.A.
05-218 added Subsec. (i) requiring that each truck, tractor or truck tractor with a compression brake device be equipped
with a muffler for such device and providing for a fine for violation and adoption of regulations.
Cited. 41 CA 664.
Statute does not establish cause of action for strict liability and does not expressly provide for excuse. 49 CS 278.
Subsec. (b):
Cited. 30 CA 263.
Subsec. (d):
Cited. 30 CA 263.