reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 164i - Diesel-Powered Commercial Motor Vehicle Emissions Standards › Section 14-164i-10 - Emission inspection alternative opacity standard

Current through July 10, 2024
(a) The commissioner may grant compliance
			 based on an alternative opacity standard upon request from the owner of a
			 diesel powered commercial motor vehicle when such vehicle has been tested but
			 has failed to meet the inspection standards stated in section
			 14-164i-2 of
			 the Regulations of Connecticut State Agencies. The request shall be submitted
			 in writing on a form approved by the commissioner. To obtain such alternative
			 compliance the owner shall:
(1) Provide proof
			 of a minimum expenditure of one thousand dollars ($1,000) on initial repairs
			 following inspection failure. Costs incurred for repairs conducted due to
			 tampering with air pollution control systems or any emission related mechanism,
			 required by federal law on a vehicle as manufactured, shall not be included in
			 calculating initial minimum expenditure of one thousand dollars
			 ($1,000);
(2) Provide an
			 itemization of such repair expenditures, to include a written explanation of
			 repairs conducted, labor costs, and all parts costs;
(3) Obtain the signature of the mechanic who
			 performed the repairs, affirming that said person is certified pursuant to
			 sections
			 14-164i-8
			 or
			 14-164i-9
			 of the Regulations of Connecticut State Agencies, and that the repairs were, in
			 fact, completed; and
(4) Present
			 the vehicle and all pertinent inspection documents to an emission inspector for
			 a re-inspection and verification of alternative opacity standard requirements.
Alternative compliance shall not be granted unless the
				re-inspection shows a reduction in opacity from the initial inspection. Such
				opacity reading shall not be exceeded for the duration of the alternative
				opacity standard period. Exceeding the alternative opacity standard established
				on this re-inspection shall be considered a fail designation.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 164i - Diesel-Powered Commercial Motor Vehicle Emissions Standards › Section 14-164i-11 - Suspension and revocation of certification

Current through July 10, 2024
The commissioner may, after notice and opportunity for hearing,
				suspend or revoke the approval of a dealer and repairer diesel emissions
				inspection station or the certification of a dealer and repairer diesel
				emissions examiner or fleet emissions examiner, and may in addition recall and
				take possession of any or all test certifications and sticker inventory if, in
				the opinion of the commissioner, such stickers have been incorrectly or
				improperly issued. Such action or actions may be taken for the
				following:
(1) Any violation of
			 program standards and requirements, as set forth in section
			 14-164i
			 of the Connecticut General Statutes or sections
			 14-164i-1
			 to
			 14-164i-10,
			 inclusive, of the Regulations of Connecticut State Agencies; or
(2) Any violations of any law pertaining to
			 the business of the dealer and repairer diesel inspection station, as a
			 licensee of the Department.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 166 - Titling of Motor Vehicles Manufactured Prior To 1981 › Section 14-166-1 - Requirements for certificate of title

Current through July 10, 2024
(a) In the event
			 that a motor vehicle manufactured prior to 1981 has not been titled in the
			 State of Connecticut or, if a Connecticut certificate of title exists and the
			 motor vehicle is transferred from one owner to another, the commissioner may,
			 upon request, issue a certificate of title to the owner of such motor vehicle.
			 The applicant for title to such a motor vehicle shall, for motor vehicle
			 information, verification or validation, adhere to the following requirements:
(1) Provide the commissioner with a
			 Connecticut residence or business address;
(2) Submit, along with the application for
			 title, four (4) color photographs of the motor vehicle to be titled showing the
			 front, rear, and both sides of said vehicle;
(3) Submit evidence that the motor vehicle's
			 identification number (VIN) has been verified by personnel of the Department of
			 Motor Vehicles, or a licensed motor vehicle dealer in accordance with the
			 provisions of section
			 14-99h(c)
			 of the Connecticut General Statutes;
(4) Submit evidence that the sales tax due
			 upon such vehicle has been paid if said vehicle has not been previously
			 registered in this state; and
(5)
			 Submit a sworn statement attesting to the fact that the vehicle is not a
			 reproduction or replica and that the vehicle has been maintained or restored to
			 a condition that substantially conforms with the original manufacturer's
			 specifications.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 174 - Branding of Motor Vehicle Titles › Section 14-174-1 - Definitions

Current through July 10, 2024
As used in sections
				14-174-2 to
				14-174-5,
				inclusive, of the Regulations of Connecticut State Agencies, the following
				words and phrases shall have the following meanings:
(a) "Anti-theft inspection" means an
			 inspection of a motor vehicle authorized in accordance with the provisions of
			 section
			 14-103
			 or
			 14-149
			 of the Connecticut General Statutes, to verify the integrity of vehicle
			 identification numbers located on such vehicle and that such vehicle, or any of
			 its component parts, have not been reported as stolen;
(b) "Brand" means a distinctive legend placed
			 on a certificate of title by the commissioner, as authorized in accordance with
			 the provisions of section
			 14-174
			 of the Connecticut General Statutes;
(c) "Commissioner" means the commissioner of
			 the department of motor vehicles or the said commissioner's designee;
(d) "Jurisdiction" means a state or territory
			 of the United States, the District of Columbia, or any province of
			 Canada;
(e) "Salvage inspection"
			 means an inspection by the commissioner of the condition and road-worthiness of
			 a motor vehicle, as required by the provisions of section
			 14-103a
			 of the Connecticut General Statutes;
(f) "Stamp" means a legend placed on a title
			 by a manufacturer, insurance company, motor vehicle dismantler or any other
			 person pursuant to statutory or regulatory authority.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 174 - Branding of Motor Vehicle Titles › Section 14-174-2 - Branding of title

Current through July 10, 2024
As a condition to the granting of an application for a
				certificate of title to the owner of a new or used motor vehicle, the
				commissioner may require that such certificate contain one or more of the
				brands described in section
				14-174-3 of the
				Regulations of Connecticut State Agencies, or one or more of the legends
				referenced in section
				14-174-4 of the
				Regulations of Connecticut State Agencies, or any combination of such brands
				and legends. Such condition to the issuance of a certificate of title may be
				imposed by the commissioner if the commissioner is aware of any state of facts
				warranting such action, including, but not limited to, facts indicated on any
				previous certificate of title or other official document or documents issued by
				any jurisdiction concerning the physical condition or ownership status of a
				motor vehicle. In any case where a brand or legend applied previously by
				another jurisdiction does not coincide with any of the brands or legends
				authorized pursuant to sections
				14-174-3 and
				14-174-4 of the
				Regulations of Connecticut State Agencies, the commissioner may decline to
				carry over the brand or legend or may, in the commissioner's discretion, apply
				the brand or legend that is closest in meaning and purpose to the brand or
				legend used by such previous jurisdiction or may, in the commissioner's
				discretion, apply the brand denoted in section
				14-174-3(j)
				of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 174 - Branding of Motor Vehicle Titles › Section 14-174-4 - Statutory brands

Current through July 10, 2024
The commissioner shall continue to apply to certificates of
				title the legends specified in the following sections of the Connecticut
				General Statutes, whenever required by the terms of the said sections and the
				facts known to the commissioner:
(a)
			 "THIS IS A DUPLICATE CERTIFICATE AND MAY BE SUBJECT TO THE RIGHTS OF A PERSON
			 UNDER THE ORIGINAL CERTIFICATE," in accordance with section
			 14-178
			 of the Connecticut General Statutes;
(b) "THIS VEHICLE MAY BE SUBJECT TO ANY
			 UNDISCLOSED LIEN," in accordance with section
			 14-174
			 of the Connecticut General Statutes;
(c) "NO SELLER SHALL ASSIGN TITLE OF A
			 VEHICLE WITHOUT INSERTING THE BUYER'S NAME AND ADDRESS ON THE ASSIGNMENT AND
			 WARRANTY OF TITLE," in accordance with section
			 14-179
			 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 174 - Branding of Motor Vehicle Titles › Section 14-174-5 - Hearing

Current through July 10, 2024
Any person aggrieved by a decision of the commissioner to place
				one or more brands or legends on a certificate of title shall be entitled to an
				opportunity for an administrative hearing, in accordance with the provisions of
				chapter 54 and section
				14-194 of the
				Connecticut General Statutes.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 217 - Taking Possession of Operators' Licenses by Certain State and Local Authorities › Section 14-217-1 - Police authorized to take operator's license, when

Current through July 10, 2024
Upon the apprehension or arrest of any person operating a motor
				vehicle on the highways of this state who in the judgment of the officer in
				charge of any established police barracks, precinct or police station is an
				unfit person to operate a motor vehicle without endangering the safety of the
				public due to his physical or mental condition, the operator's license of such
				person shall be suspended and such officer may, in the name and behalf of the
				commissioner, take possession of the operator's license of such person and
				forward the same to the commissioner's office within twenty-four hours,
				together with a brief statement and explanation of the offense or
				violation.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-11a - Scope

Current through July 10, 2024
(a) The purpose of sections 14-227a-11 a to
				14-227a-28a, inclusive, of the Regulations of Connecticut State Agencies is to
				implement the provisions of the Connecticut General Statutes governing the
				installation and use of ignition interlock devices in motor vehicles. These
				sections include, inter alia, the procedures for the approval of ignition
				interlock devices, for the proper calibration and maintenance of such devices,
				for the installation of such devices by a person approved and authorized by the
				Department of Motor Vehicles, and for permitting a person to operate a motor
				vehicle after his or her Connecticut operator's license or operating privilege
				has been suspended due to a conviction for a first, second or subsequent
				violation of subsection (a) of section
				14-227a
				of the Connecticut General Statutes or for a violation of section
				14-227b
				of the Connecticut General Statutes.
(b) Sections 14-227a-11 a to
				14-227a
				-28a, inclusive, of the Regulations of Connecticut State Agencies shall apply
				only to those devices installed under the authority of subsections (g) and (i)
				of section 14-227a, section
				14-227b,
				section
				14-227j
				and subsection (i) of section
				14-111
				of the Connecticut General Statutes and any other applicable
				statutes.
Section republished to correct formatting of heading.
					 (September 21, 2017)
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-13a - Adoption by reference

Current through July 10, 2024
The Model Specifications for Breath Alcohol Ignition
				  Interlock Devices (BAIID) of the National Highway Traffic Safety
				  Administration, published in 78 Federal Register 26849, as the same may be
				  amended from time to time, are adopted by reference as regulations of the
				  department.
Section republished to correct formatting of heading.
					 (September 21, 2017)
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-14a - Application for approval of device

Current through July 10, 2024
(a) An applicant
				seeking approval of an IID shall apply to the commissioner on such forms as the
				commissioner may prescribe.
(b) The
				applicant shall certify the following with respect to each make or model device
				for which approval is sought:
(1) The device
				does not impede the safe operation of the motor vehicle;
(2) The device minimizes the opportunities
				for circumvention or tampering;
(3)
				The device correlates accurately with established measures of blood alcohol
				levels;
(4) The device performs
				accurately and reliably in an unsupervised environment;
(5) The device requires a proper and accurate
				measure of blood alcohol levels;
(6) The device operates reliably over a range
				of motor vehicle environments or motor vehicle manufacturing
				standards;
(7) The device provides
				an electronic record of the operator's experience with the device;
(8) The device, regardless of its make or
				model, or whether it is leased or sold, meets the requirements of sections
				14-227a-11 a to 14-227a-28a, inclusive, of the Regulations of Connecticut State
				Agencies;
(9) The device uses a
				fuel cell sensor and other technology approved by the Department;
(10) The device shall be recalibrated and
				inspected and data from the device shall be downloaded every twenty-five (25)
				to thirty (30) days; and
(11) The
				device's breath test results shall not be subject to interference or alteration
				by radio signals.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-15a - Additional specifications for approval of device

Current through July 10, 2024
Each device shall meet the following requirements:
(1) Automatically purge residual alcohol
				before allowing subsequent tests; and
(2) Provide encryption so that data stored in
				the device is kept secure and protected from public access.
Section republished to correct formatting of heading.
					 (September 21, 2017)
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-16a - Reports required of the approved applicant

Current through July 10, 2024
The approved applicant shall provide the following to the
				  commissioner:
(1) An affidavit which
				shall be resubmitted on an annual basis, stating that the model of device
				originally approved by the commissioner has not been modified or altered in any
				way, so as to require retesting by an independent testing laboratory;
(2) A summary, upon the request of the
				commissioner, of all complaints received in connection with its operations in
				this state and the responses and corrective actions taken, if warranted, by the
				approved applicant. Each approved applicant shall keep a record of such
				complaints and associated responses including any corrective actions taken in
				accordance with section 14-227a-23 a of the Regulations of Connecticut State
				Agencies;
(3) Written notification
				of the denial, suspension or revocation of a device by any unit of government
				at any time. Such notice shall be provided to the commissioner within fourteen
				(14) days of the date that the approved applicant receives notice of the
				action; and
(4) Such other
				information as the commissioner may require.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-17a - Costs

Current through July 10, 2024
The costs charged by independent testing laboratories and all
				  other costs of obtaining the commissioner's approval of a device shall be paid
				  by the applicant.
Section republished to correct formatting of heading.
					 (September 21, 2017)
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-18a - Suspension or revocation of device approval

Current through July 10, 2024
(a) Approval of
				a device may be suspended or revoked, and the device removed from the list of
				approved devices, upon the occurrence of any of the following:
(1) Evidence of repeated failures;
(2) Voluntary request of the approved
				applicant;
(3) Misrepresentations
				regarding the ability of the device to meet performance standards;
(4) Failure to submit required reports to the
				commissioner;
(5) Denial,
				suspension or revocation of an approval by any unit of government at any time;
				or
(6) Other reasonable
				cause.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-19a - Approval of IID installers

Current through July 10, 2024
(a) In order to
				install, inspect, maintain, calibrate or remove an IID, a person or firm shall
				be identified on a current official list of installers submitted to the
				commissioner by each approved applicant that has an approved IID. Each
				installer shall be trained and certified by the manufacturer. Each approved
				applicant shall provide to the commissioner such information concerning each of
				its installers as the commissioner may request, including an estimate of the
				charges of each such installer to install, inspect, maintain, calibrate and
				remove an IID. Each installer shall have at least one fixed location with a
				street address in Connecticut that serves as its base of operations and at
				which records are maintained.
(b)
				If the commissioner has reason to believe that any installer is performing its
				responsibilities in any manner that is detrimental to, and not in the best
				interests of, the administration of any provision of sections 14-227a-11 a to
				14-227a-28a, inclusive, of the Regulations of Connecticut State Agencies,
				including any matter set forth in section 14-227a-24 a of the Regulations of
				Connecticut State Agencies, the commissioner shall notify the approved
				applicant to take appropriate action to rectify the situation, up to and
				including the revocation of the certification of such installer.
(c) An installer shall be authorized to
				install, inspect, maintain, calibrate or remove only that device, or devices,
				listed in the certification letter.
(d) No installer shall permit customers or
				other unauthorized persons to observe the installation, inspection,
				maintenance, calibration or removal of a device.
Section republished to correct formatting of heading.
					 (September 21, 2017)
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-20a - Installation of IID

Current through July 10, 2024
(a) Prior to
				installing an IID, the installer shall obtain written authorization to perform
				the work from the owner of the motor vehicle, on an invoice signed by the
				owner, which shall include an estimate of the cost of installation, together
				with a written copy of the list of costs for periodic inspection, maintenance,
				calibration or removal of the device and any other charge imposed by the
				approved applicant. The installer shall provide a copy of such invoice to the
				owner of the motor vehicle.
(b) The
				installer shall provide the department with written notification whenever an
				IID is installed in or removed from a motor vehicle in accordance with sections
				14-227a-11 a to 14-227a-28a, inclusive, of the Regulations of Connecticut State
				Agencies. The notification shall include the name and operator's license number
				of the person who requested to have the device installed or removed from a
				motor vehicle, the odometer reading of the motor vehicle in which the device is
				to be installed or removed and a description of the motor vehicle, including
				the vehicle identification number.
Section republished to correct formatting of heading.
					 (September 21, 2017)
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-21a - Maintenance and calibration of IID device

Current through July 10, 2024
At the time of installation, the installer shall provide the
				  owner of the motor vehicle, and the operator if different from the owner, with
				  a written schedule of required inspections. An initial service visit shall be
				  conducted not later than thirty (30) days after the installation of the IID,
				  and monthly service visits shall be conducted in service periods of twenty-five
				  (25) to thirty (30) days. The installer shall inspect the IID every twenty-five
				  (25) to thirty (30) days to ensure that the device is working properly and, in
				  this regard, shall perform any necessary maintenance or calibration and shall
				  record the mileage from the motor vehicle's odometer. If the approved applicant
				  or installer removes and replaces an existing device, or any part thereof, in
				  connection with the maintenance or calibration of the device, such removal and
				  replacement shall be completed at a service center.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-22a - Reports of operator default or violation

Current through July 10, 2024
(a) The installer
				or approved applicant shall file a report with the commissioner, CSSD and such
				other entities as the commissioner designates in such manner as the
				commissioner requires, not later than five (5) days after the operator:
(1) Fails a rolling re-test;
(2) Fails to submit to a rolling re-test;
(3) Fails a start-up test;
(4) Misses a service visit; or
(5) Removes the device. The
				installer or approved applicant shall also file such report not later than five
				(5) days after it discovers that the operator has circumvented or tampered with
				a device. The installer or approved applicant shall take the steps necessary to
				obtain violation information from the device not later than seventy-two (72)
				hours after the occurrence of a violation.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-23a - Maintenance of records

Current through July 10, 2024
The installer or approved applicant shall keep a record of
				  the installation, inspection, maintenance, calibration and removal of each IID,
				  and any complaints received as set forth in section 14-227a-16 a of the
				  Regulations of Connecticut State Agencies. The record shall be maintained for a
				  period of five (5) years, and shall be made available for inspection by the
				  department at any time upon twenty-four (24) hours' notice.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-24a - Suspension or revocation of installer

Current through July 10, 2024
(a) An approved
				applicant shall suspend or revoke a person's or firm's authorization as an
				installer for any of the following reasons:
(1) The installer failed to properly install,
				inspect, maintain, calibrate or remove an IID;
(2) The installer failed to make a required
				report to the commissioner in accordance with sections 14-227a-11 a to
				14-227a-28a, inclusive, of the Regulations of Connecticut State
				Agencies;
(3) The installer failed
				to make or maintain the records in accordance with sections 14-227a-11 a to
				14-227a-28a, inclusive, of the Regulations of Connecticut State
				Agencies;
(4) The installer
				tampered with the IID; or
(5) Any
				other reasonable cause related to the installation, inspection, maintenance,
				calibration or removal of an IID.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-24b - Suspension and revocation of an approved applicant

Current through July 10, 2024
(a) The commissioner may suspend or revoke an
				approved applicant:
(1) For failure to comply
				with the requirements set forth in this regulation and all applicable state and
				federal laws; and
(2) For failure
				to adequately respond to complaints that it receives from operators who are
				using the approved applicant's IID.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-25a - List of approved IIDs, applicants and installers

Current through July 10, 2024
The department shall maintain an official list of approved
				  IIDs, applicants and certified installers. Each approved applicant shall notify
				  the department of any additions to or removals from its network of certified
				  installers. The department also shall maintain contact information, including
				  toll free telephone numbers, for approved applicants. Such list and information
				  shall be made available to any person who seeks to have an IID installed in
				  accordance with sections 14-227a-11 a to 14-227a-28a, inclusive, of the
				  Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-26a - Permission to operate motor vehicle with an IID

Current through July 10, 2024
(a) Any
				person who is ordered by the Superior Court not to operate any motor vehicle
				unless such motor vehicle is equipped with an IID shall apply to the
				commissioner for permission to install and use such a device in all motor
				vehicles owned or operated by such person. The commissioner shall grant such
				permission if:
(1) the commissioner has
				received reliable information that such order has been made, including any
				special conditions imposed by the court and
(2) such person's license or operating
				privilege is not under suspension by the commissioner or is currently
				scheduled, as of a date certain, to be suspended for any reason or cause other
				than an existing suspension pursuant to section
				14-227b
				of the Connecticut General Statutes.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Ignition Interlock Devices › Section 14-227a-28a - Third or subsequent convictions

Current through July 10, 2024
Sections 14-227a-11 a to 14-227a-27a, inclusive, of the
				  Regulations of Connecticut State Agencies shall apply to the installation and
				  use of an IID authorized after a hearing held in accordance with section
				  14-111(i)(2)
				  as the result of a third or subsequent conviction for a violation of
				  subdivision (1) or (2) of subsection (a) of section
				  14-227a
				  of the Connecticut General Statutes.
Section republished to correct formatting of heading.
					 (September 21, 2017)
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-1b - Definitions

Current through July 10, 2024
As used in sections 14-227a-1 b to 14-227a-10b, inclusive, of
				  the Regulations of Connecticut State Agencies:
(1) "Alveolar" means air expired from the
				deepest part of the lungs;
(2)
				"Analyst" means an individual trained and certified in toxicological laboratory
				procedures;
(3) "Blood alcohol
				content" means the grams of ethyl alcohol per one hundred (100) milliliters of
				blood expressed as percentage, or grams of alcohol per 210 liters of
				breath;
(4) "Commissioner" means
				the Commissioner of Public Safety or such commissioner's designee;
(5) "Department" means the Department of
				Public Safety, Division of Scientific Services;
(6) "Device or instrument" means any
				apparatus and associated accessories of which alcohol or drug content in a
				sample is qualitatively and quantitatively determined and reported. Such
				apparatus may indicate an equivalent blood alcohol content;
(7) "Direct breath alcohol test" or "direct
				breath alcohol testing" means the test of a sample of an individual's expired
				breath using an instrument designed for this purpose in order to determine the
				concentration of ethyl alcohol in the individual's blood;
(8) "Instructor" means an individual trained
				and certified to make an analysis with a direct breath alcohol testing device
				or instrument and to train operators in the conduct of such test;
(9) "Laboratory" means any place or area in
				which any sample of blood, breath or urine is subjected to a chemical or
				instrumental analysis. Such definition shall not include a place or area under
				the jurisdiction of, or controlled by, a law enforcement agency or the
				Department of Public Safety in which direct breath alcohol tests are
				performed;
(10) "Operator" means an
				individual trained and certified to make an analysis with a direct breath
				alcohol testing device or instrument certified or approved by the
				commissioner;
(11) "Person" shall
				have the meaning ascribed to it in subsection (k) of section
				1-1
				of the Connecticut General Statutes, except that it is not intended to include
				any hospital or clinical laboratory; and
(12) "Phlebotomist" means a person whose
				normal duties include withdrawing blood samples.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-2b - General requirements and exemptions

Current through July 10, 2024
Sections 14-227a-1 b to 14-227a-1 0b, inclusive, of the
				  Regulations of Connecticut State Agencies, shall apply to the forensic chemical
				  testing of blood, breath and urine when the results thereof may be offered as
				  evidence in a court of law or in an administrative proceeding affecting persons
				  suspected of operating a motor vehicle while under the influence of
				  intoxicating liquor or drug or both. Sections 14-227a-1b to 14-227a-10b,
				  inclusive, of the Regulations of Connecticut State Agencies, shall not apply to
				  samples collected and analyzed for other purposes, such as medical diagnostic
				  testing.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-3b - Approval and certification required

Current through July 10, 2024
(a) No person shall
				operate a laboratory for the performance of forensic chemical testing within
				the scope of sections 14-227a-1 b to 14-227a-10b, inclusive, of the Regulations
				of Connecticut State Agencies, until the commissioner approves the methods of
				conducting the analyses and certifies each analyst who will be performing such
				chemical tests.
(b) To be eligible
				for approval, a method shall be based upon one or more of the following
				quantitative techniques:
(1) titration with
				potassium dichromate;
(2) use of
				alcohol dehydrogenase;
(3) gas
				chromatography;
(4) infrared
				analysis;
(5) fuel cell
				analysis;
(6) gas
				chromatography/mass spectrometry;
(7) enzyme immunoassay; or
(8) high performance liquid
				chromatography.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-4b - Application for approval of methods and equipment

Current through July 10, 2024
Application for approval of the methods to be used in
				  conducting analyses shall be made to the commissioner by the person seeking to
				  operate the laboratory where such analyses are to be performed. The application
				  shall be in writing, shall be accompanied by a complete description of the
				  proposed method or methods, including specifications for laboratory sampling
				  equipment and associated accessories, and shall include any additional
				  information that the commissioner may require in evaluating the application.
				  Citation to any publication wherein such proposed method or methods have been
				  described may be substituted in whole or in part for a written description. The
				  commissioner may consider design, susceptibility to environmental influences or
				  other limitations, and any other factors relevant to a determination of whether
				  the device or instrument should be approved for use, even in instances where
				  the initial test results are accurate.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-5b - Application for certification of analysts to perform tests

Current through July 10, 2024
An individual or his or her employer may apply for
				  certification to allow the individual to perform alcohol or drug analyses. Such
				  application for certification as an analyst shall be in writing, shall be
				  accompanied by a statement of the training and experience of the applicant, and
				  shall include any additional information that the commissioner may require in
				  evaluating the application.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-6b - Granting of approvals and certifications

Current through July 10, 2024
(a) An approval or
				certification shall be made subject to such conditions as the commissioner
				determines are necessary to protect the health and safety of persons who submit
				to chemical analyses and to insure reasonable accuracy of results.
(b) An applicant for certification as an
				analyst shall be required to demonstrate the ability to perform and control
				such alcohol or drug analyses or to operate and control analytical devices or
				instruments before certification is granted.
(c) An approval or certification shall be
				subject to periodic review by the commissioner. Such review shall include
				performance evaluations.
(d)
				Approval of an analytic method shall include the equipment and associated
				accessories specified in the application for approval, provided that such
				equipment is, in the opinion of the commissioner, properly
				maintained.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-7b - Suspension or revocation of approval or certification

Current through July 10, 2024
The commissioner may suspend or revoke an approval or
				  certification in instances where such commissioner determines that fraudulent
				  or inaccurate test results are being reported or where it is proven that the
				  performance or practices of a laboratory or certified analyst or operator are
				  otherwise unethical or unsatisfactory. For the purposes of this section, the
				  term "unsatisfactory" may include, but its definition shall not be limited to,
				  any violation of the provisions of sections 14-227a-1 b to 14-227a-10b,
				  inclusive, of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-8b - Operation and use of devices or instruments

Current through July 10, 2024
(a) No device
				or instrument may be used to conduct analyses in accordance with the provisions
				of sections 14-227a-1 b to 14-227a-10b, inclusive, of the Regulations of
				Connecticut State Agencies, until the commissioner inspects such device or
				instrument and determines that it is capable of providing accurate
				results.
(b) Only an analyst or
				operator may operate a device or instrument.
(c) Each time a sample is analyzed by a
				device or instrument other than a direct breath alcohol testing device or
				instrument, the analyst shall analyze duplicate samples.
(d) An analyst shall check each device or
				instrument for accuracy immediately before and after each test. An operator
				shall verify the accuracy of a direct breath alcohol testing device or
				instrument immediately before and after each test.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-9b - Requirements for the conduct of the testing and analysis of blood and urine

Current through July 10, 2024
(a)
Requirements for blood
				collection
(1) Blood shall be withdrawn
				by a person licensed to practice medicine and surgery in this state, a
				phlebotomist as defined in subdivision (12) of section 14-227a-1 b of the
				Regulations of Connecticut State Agencies, a qualified laboratory technician,
				an emergency medical technician II, a registered nurse or such other
				occupational classification as the commissioner determines may competently and
				safely withdraw blood for the purposes of sections 14-227a-1 b to 14-227a-10b,
				inclusive, of the Regulations of Connecticut State Agencies.
(2) Blood samples shall be collected using a
				sterile syringe and hypodermic needle or other equipment of equivalent
				sterility. The skin at the area of puncture shall be thoroughly cleansed and
				disinfected, provided that any solution containing ethyl alcohol shall not be
				used as a skin antiseptic.
(3)
				Containers and other equipment for sample collection shall be of a type that
				will preserve the integrity and suitability of the sample from the time of
				collection until analysis. Following collection, the container for each sample
				shall be sealed and labeled. Only those samples that have been properly sealed
				shall be analyzed.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227a - Measurement of Alcohol in Blood, Breath or Urine › Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle) › Section 14-227a-10b - Direct breath alcohol test

Current through July 10, 2024
(a) No person shall
				operate a direct breath alcohol test device or instrument unless such person
				has been certified by the commissioner and is employed by a law enforcement
				agency or the department. Such operator shall conduct tests according to
				methods and with such devices and instruments approved by the commissioner and
				shall verify the accuracy of the device or instrument immediately before and
				after each test.
(b)
Approval
				of device or instrument
(1) Standard of
				performance
Approval of a particular type and model of device or
				  instrument shall be based on a laboratory evaluation of each device or
				  instrument and its accessories to meet the following standard of
				  performance:
(A) The device or
				instrument shall be capable of collecting and analyzing breath samples that are
				alveolar in composition;
(B) The
				device or instrument shall be capable of accurately analyzing a blank sample
				and suitable reference samples, such as air equilibrated with reference
				solutions of known alcohol concentration at known temperature; and
(C) The device or instrument shall be capable
				of alcohol analyses that result in a concentration less than one hundredth
				(0.01) gram per 210 liters of air, i.e. one hundredth (0.01) percent, when
				alcohol-free subjects are tested.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227b - Administrative Procedures for 'Per Se' Suspension of Motor Vehicle Operator's License › Section 14-227b-1 - Definitions

Current through July 10, 2024
For the purpose of sections 14-227b-1 to
				14-227b-29
				a, inclusive, of the Regulations of Connecticut State Agencies, the following
				terms shall have the following meanings:
(1) "Chemical analysis," "chemical test," or
			 "test" means an analysis of blood or urine or a direct alcohol test performed
			 in accordance with the provisions of sections 14-227a-1 b to 14-227a-10b,
			 inclusive, of the Regulations of Connecticut State Agencies.
(2) "Commissioner" has the same meaning as
			 provided in section
			 14-1 of
			 the Connecticut General Statutes.
(3) "Department" means the department of
			 motor vehicles.
(4) "Ignition
			 interlock device" has the same meaning as provided in subsection (a) of section
			 14-227j
			 of the Connecticut General Statutes.
(5) "Ignition interlock device maintenance
			 period" means the period of time that an ignition interlock device shall be
			 maintained in a motor vehicle after it has been installed as a condition of
			 reinstatement of an operator's license or privilege.
(6) "Notice of arrest" means the initial
			 receipt of notice by a person that he or she has been arrested, whether by
			 being taken into custody by a police officer and informed of his or her arrest
			 by the officer, or by receipt of a summons, or by receipt of a warrant served
			 by a marshal or other court officer.
(7) "Offense" means operating a motor vehicle
			 while under the influence of intoxicating liquor or any drug or both as
			 provided in subsection (a) of section
			 14-227a
			 of the Connecticut General Statutes.
(8) "Operator's license" means a license,
			 valid and in full force, issued in accordance with section
			 14-36
			 or
			 14-36m
			 of the Connecticut General Statutes authorizing the operation of a motor
			 vehicle.
(9) "Privilege" means the
			 nonresident motor vehicle operating privilege granted to a licensed resident of
			 another state, province or country under section
			 14-39
			 of the Connecticut General Statutes.
(10) "Report" means a written document or
			 electronic record, including one with electronic signatures, that sets forth
			 the facts surrounding a person's arrest for an offense, in or on a form
			 approved by the commissioner.
(11)
			 "Suspension" means the temporary withdrawal of a person's motor vehicle
			 operator's license or privilege to drive in this state for a specific period of
			 time.
(12) "Suspension notice"
			 means a written notice informing a person that his or her Connecticut
			 operator's license or privilege is suspended and that an ignition interlock
			 device shall be installed in each motor vehicle owned or operated by such
			 person as a condition of license or privilege reinstatement.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227b - Administrative Procedures for 'Per Se' Suspension of Motor Vehicle Operator's License › Section 14-227b-2 - Consent to chemical analysis

Current through July 10, 2024
(a) Any person who
			 operates a motor vehicle in this state is deemed to have given his or her
			 consent to a chemical analysis for determination of the alcohol or drug
			 content, or both, of such person's blood.
(b) If the operator of a motor vehicle in
			 this state is a minor, it shall be deemed that such operator's parent(s) or
			 guardian(s) has given consent to a chemical analysis for determination of the
			 alcohol or drug content, or both, of the blood of such minor.
(c) Chemical analysis for the purpose of
			 determining the amount of alcohol in the blood of any person shall be performed
			 in accordance with the applicable provisions of sections 14-227a-1 b to
			 14-227a-10b, inclusive, of the Regulations of Connecticut State
			 Agencies.
(d) Chemical analysis for
			 the purpose of determining the amount of a drug or drugs other than alcohol in
			 the blood of any person shall be performed in accordance with procedures
			 approved by the Department of Emergency Services and Public
			 Protection.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227b - Administrative Procedures for 'Per Se' Suspension of Motor Vehicle Operator's License › Section 14-227b-3 - Request that person submit to a chemical analysis

Current through July 10, 2024
A police officer may request that a person operating a motor
				vehicle and having been arrested for an offense submit to a chemical analysis
				to determine the alcohol or drug content, or both, of such person's
				blood.
Connecticut Administrative Code › Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline › 227b - Administrative Procedures for 'Per Se' Suspension of Motor Vehicle Operator's License › Section 14-227b-4 - Selection of blood, breath or urine test

Current through July 10, 2024
(a) The police
			 officer has the option of selecting for the chemical analysis the blood, breath
			 or urine test, except that if the person refuses or is unable to submit to a
			 blood test, the police officer shall designate the breath or urine test for the
			 chemical analysis.
(b) If the
			 person refuses to take either the blood test or the test designated by the
			 police officer in lieu thereof, no chemical analysis or test shall be given,
			 and the person shall be deemed to have refused to submit to a chemical
			 analysis.