Sec. 52-63. Service upon motor vehicle operator or owner not found at his recorded address.
Sec. 52-63. Service upon motor vehicle operator or owner not found at his
recorded address. (a) Any operator or owner of a motor vehicle at the time of issuance
of his license or registration shall be deemed to have appointed the Commissioner of
Motor Vehicles as his attorney and to have agreed that any process in any civil action
against him on account of any claim for damages resulting from his alleged negligence
or the alleged negligence of his servant or agent in the operation of any motor vehicle
in this state may be served upon the commissioner as provided in this section and shall
have the same validity as if served upon the owner or operator personally, even though
the person sought to be served has left the state prior to commencement of the action
or his present whereabouts is unknown.
(b) Service of civil process may be made on a motor vehicle operator licensed under
the provisions of chapter 246 by leaving a true and attested copy of the writ, summons
and complaint at the office of the Commissioner of Motor Vehicles at least twelve days
before the return day and by sending such a true and attested copy at least twelve days
before the return day, by registered or certified mail, postage prepaid and return receipt
requested, to the defendant at his last address on file in the Department of Motor Vehicles
if (1) it is impossible to make service of process at the operator's last address on file in
the Department of Motor Vehicles, and (2) the operator has caused injury to the person
or property of another.
(c) Service of civil process may be made on the owner of a motor vehicle registered
under the provisions of chapter 246 by leaving a true and attested copy of the writ,
summons and complaint at the office of the Commissioner of Motor Vehicles at least
twelve days before the return day and by sending such a true and attested copy at least
twelve days before the return day, by registered or certified mail, postage prepaid and
return receipt requested, to the defendant at his last address on file in the Department
of Motor Vehicles if (1) it is impossible to make service of process at the owner's last
address on file in the Department of Motor Vehicles, (2) the owner has loaned or permitted his motor vehicle to be driven by another, and (3) the motor vehicle has caused
injury to the person or property of another.
(d) If service of process is made at the office of the Commissioner of Motor Vehicles
pursuant to subsection (b) or subsection (c) of this section, the officer making such
service shall certify on the process that he has made a diligent effort to obtain service
at the address of the owner or operator on file in the Department of Motor Vehicles and
has been unable to make such service.
(e) Service of process pursuant to this section shall be sufficient to confer jurisdiction of any such action upon the court to which the process is returnable. The court may
proceed to determine the issues in the action and render final judgment but the court
may, in its discretion, require further order of notice to the operator or owner.
(f) The officer serving such process upon the Commissioner of Motor Vehicles
shall leave with the commissioner, at the time of service, a fee of twenty dollars, which
fee shall be taxed in favor of the plaintiff in his costs if he prevails in the action. The
Commissioner of Motor Vehicles shall keep a record of each such process and the day
and hour of service.
(1949 Rev., S. 7780; 1957, P.A. 162; 1961, P.A. 581, S. 22; 1967, P.A. 281; P.A. 82-160, S. 20; P.A. 04-182, S. 14.)
History: 1961 act raised fee for service from $2 to $5; 1967 act removed limitation for service on commissioner to
those cases where vehicle had been operated on a public highway; P.A. 82-160 rephrased the section and inserted Subsec.
indicators; (Revisor's note: In 1997 references to "Motor Vehicle Department" were replaced editorially by the Revisors
with "Department of Motor Vehicles" for consistency with customary statutory usage); P.A. 04-182 amended Subsec. (f)
to increase fee for service of process on commissioner from $5 to $20, effective July 1, 2004.
Cited. 182 C. 14. Cited. 195 C. 191. Cited. 206 C. 374. Cited. 236 C. 89.
Where defendant was resident of Connecticut at time of accident in Maine but before action commenced established
his residence and domicile in Maine although retaining his Connecticut operator's license and continuing the Connecticut
registry of his automobile, service under this section in Connecticut held invalid. 20 CS 195. Under former statute, a
defendant who was a resident of Connecticut at the time of the accident, but who moved out of the state before suit was
begun, must be served as a nonresident in an in personam action. Id., 406. This section existing in derogation of common
law must be strictly complied with to secure its benefits. 26 CS 508. Under section prior to 1967 amendment a road within
a privately owned shopping center was not a "public highway" within the meaning of the section. Id. Operator whose
license has expired and subsequently moved to another state is subject to service through commissioner of motor vehicles.
29 CS 227.
Deficiencies in sheriff's return were jurisdictional as this section was not complied with; hence cause was erased from
docket. 5 Conn. Cir. Ct. 594.
Subsec. (b):
"Impossibility" does not require that absolute physical impossibility exists but includes factual situations where personal
or abode service has little likelihood of happening or being accomplished. 78 CA 456.