§ 14-37a — Special operator's permit for purposes of employment, education or medically necessary treatment.

Connecticut § 14-37a

• Jurisdiction: Connecticut
• Title 14: Motor Vehicles. Use of the Highway By Vehicles. Gasoline
• Ch. 246: Motor Vehicles

Text

(a) Any person whose operator's license has been suspended pursuant to any provision of this chapter or chapter 248, except pursuant to section 14-215 for operating under suspension or pursuant to section 14-140 for failure to appear for any scheduled court appearance, and any person identified in subsection (g) of this section may make application to the Commissioner of Motor Vehicles for (1) a special “work” permit to operate a motor vehicle to and from such person's place of employment or, if such person is not employed at a fixed location, to operate a motor vehicle only in connection with, and to the extent necessary, to properly perform such person's business or profession, (2) a special “education” permit to operate a motor vehicle to and from an institution of higher education or a private career school, as defined in section 10a-22a, in which such person is enrolled, provided no such special “education” permit shall be issued to any student enrolled in a high school under the jurisdiction of a local or regional board of education, a high school under the jurisdiction of a regional educational service center, a charter school, a regional agricultural science and technology education center or a technical education and career school, or (3) a special “medical” permit to operate a motor vehicle to and from any ongoing medically necessary treatment, available upon adoption by the commissioner of regulations pursuant to chapter 54, that describe qualifications for such permit. Such application shall be accompanied by an application fee of one hundred dollars. (b) The commissioner may, in the commissioner's discretion upon a showing of significant hardship, grant each such application that is submitted in proper form and contains such information and attestation by the applicant as the commissioner may require. With respect to an application for an education permit, an applicant shall also be required to submit a schedule of the time and location of all classes or other required educational activities attended by such applicant. Such schedule shall be attested to by the registrar of such educational institution. In determining whether to grant such application, the commissioner may also consider the driving record of the applicant and shall ascertain that the suspension is a final order that is not under appeal pursuant to section 4-183 . A special operator's permit shall not be issued pursuant to this section to any person for the operation of a motor vehicle for which a public passenger endorsement, as defined in section 14-1 , or commercial driver's license is required or to any person whose operator's license has been suspended previously pursuant to section 14-227a , 14-227b , 14-227m or 14-227n . A person shall not be ineligible to be issued a special operator's permit under this section solely on the basis of being convicted of two violations of section 14-227a unless such second conviction is for a violation committed after a prior conviction. (c) A special operator's permit issued pursuant to this section shall be of a distinctive format and shall include the expiration date and the legend “work only” or “education only” or, upon adoption of the regulations as provided in subsection (a) of this section, “medical only”. (d) Any person issued a special operator's permit pursuant to this section who operates a motor vehicle during the period of the permit for a purpose not authorized by the conditions of the permit shall, upon receipt of written report of a police officer, in such form as the commissioner may prescribe, of such unauthorized operation, be subject to a civil penalty of not more than five hundred dollars. Any person who makes improper use of a special operator's permit issued pursuant to this section or in any manner alters any such permit or who loans or sells such permit for use by another person shall be guilty of a class D misdemeanor. (e) If a person issued a special operator's permit pursuant to this section has his operator's license suspended by the commissioner in connection with any motor vehicle violation or other offense for which suspension action is authorized, the special operator's permit shall be deemed revoked on the effective date of such suspension, and any such person with notice of the suspension who operates a motor vehicle shall be operating under suspension and shall be subject to double the penalties provided by the applicable provisions of subsection (b) of section 14-111 and section 14-215 . (f) Any decision made by the commissioner under this section shall not be subject to appeal pursuant to the provisions of chapter 54 or any other provisions of the general statutes. (g) Any person who is an applicant for a motor vehicle operator's license and whose license or privilege to operate a motor vehicle has been restricted by any other state in a manner that the commissioner deems to be substantially similar to the restrictions imposed by a special operator's permit issued in accordance with this section, may, in the discretion of the commissioner, be issued an operator's license together with a special operator's permit. The special operator's permit shall be required to be held by such person for such time as the commissioner prescribes. (h) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section.

Legislative History

(P.A. 93-371, S. 3, 5; P.A. 95-314, S. 3; P.A. 00-196, S. 10; P.A. 05-215, S. 7; 05-288, S. 215; P.A. 06-196, S. 94; P.A. 08-150, S. 58; P.A. 09-187, S. 36; P.A. 10-3, S. 51; P.A. 12-80, S. 59; P.A. 13-271, S. 13; P.A. 14-130, S. 6; 14-228, S. 2; June Sp. Sess. P.A. 15-5, S. 222, 223; P.A. 16-126, S. 9; P.A. 17-237, S. 94; P.A. 22-123, S. 37.) History: P.A. 93-371 effective July 1, 1993; P.A. 95-314 amended Subsec. (b) to prohibit the issuance of a special operator's permit to any person whose operator's license has been suspended for refusing to submit to blood, breath or urine test until such operator's license has been under suspension for at least 90 days; P.A. 00-196 made technical changes in Subsec. (b); P.A. 05-215 amended Subsec. (b) to prohibit the issuance of a special operator's permit to a person whose operator's license has been suspended previously under Sec. 14-227a, to provide that a person is not ineligible for a special operator's permit solely on the basis of being convicted of two violations of Sec. 14-227a unless such second conviction is for a violation committed after a prior conviction and to make a technical change, effective July 6, 2005; P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005; P.A. 06-196 made a technical change in Subsec. (b), effective June 7, 2006; P.A. 08-150 amended Subsec. (a) by substituting “any scheduled court appearance” for “trial” and providing that any person identified in Subsec. (g) may apply for special permit, inserted new Subsec. (g) re issuance of special operator's permit to certain applicants for an operator's license whose license has been restricted by any other state and redesignated existing Subsec. (g) as Subsec. (h); P.A. 09-187 amended Subsec. (a) to add Subdiv. (2) re application for special “education” permit to operate motor vehicle and make conforming changes, amended Subsec. (b) to add education permit application requirements and amended Subsec. (c) to establish format of such permit; P.A. 10-3 amended Subsec. (a) to require application fee of $100, effective April 14, 2010; P.A. 12-80 amended Subsec. (d) to provide that person who misuses, alters, sells or loans permit “shall be guilty of a class D misdemeanor”, rather than “shall be subject to the penalties provided by section 14-147”; P.A. 13-271 amended Subsec. (a) to delete requirement that institution of higher education be accredited, to add provision re issuance of special “education” permit for operation to and from private occupational school and to add provision prohibiting issuance of special “education” permit to any student enrolled in a high school, charter school, regional agricultural science and technology education center or technical high school, effective July 1, 2013; P.A. 14-130 amended Subsec. (b) by replacing “public passenger transportation permit” with “public passenger endorsement, as defined in section 14-1”, effective June 6, 2014; P.A. 14-228 amended Subsec. (b) to delete provision re issuance of special operator's permit to person whose operator's license was suspended under Sec. 14-227b(i)(1)(C) for refusal to submit to blood, breath or urine test or analysis, effective July 1, 2015; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by adding Subdiv. (3) re special “medical” permit and making a technical change, and amended Subsec. (c) to add provision re “medical only” permit, effective June 30, 2015; (Revisor's note: In 2016, a reference to “public passenger transportation permit” contained in the version of Subsec. (b) that took effect on July 1, 2015, was changed editorially by the Revisors to “public passenger endorsement, as defined in section 14-1” to conform that version of Subsec. (b) with the amendment made by P.A. 14-130, S. 6); P.A. 16-126 amended Subsec. (b) by adding references to Secs. 14-227m and 14-227n; P.A. 17-237 amended Subsec. (a)(2) by replacing “technical high school” with “technical education and career school”, effective July 1, 2017; P.A. 22-123 amended Subsec. (a) by changing “private occupational school” to “private career school”, effective July 1, 2022. Legislature intended work permit exception under section to constitute an affirmative defense, for which defendant bears the burden of persuasion, to the offense of driving under suspension in violation of Sec. 14-215(c); requirement that defendant bear burden of persuasion is constitutional. 254 C. 107.