Section 14-227a-26a - Permission to operate motor vehicle with an IID(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.(b) Any person who is convicted of a first or second violation of subdivision (1) or (2) of subsection (a) of section 14-227a of the Connecticut General Statutes within ten (10) years after a prior conviction for the same offense, as indicated on such person's driving history as maintained by the commissioner, and, as a consequence, has had his or her motor vehicle operator's license or nonresident operating privilege suspended, shall apply to the commissioner for permission to operate a motor vehicle that is equipped with an approved IID. The commissioner shall grant such permission if: (1) such person has been convicted on or after January 1, 2012 and has served not less than forty-five (45) days of such suspension; (2) such person has installed an approved IID in each motor vehicle owned or operated by such person; and (3) such person's license or operating privilege is not under suspension by the commissioner or currently scheduled, as of a date certain, to be suspended for any other reason or cause other than an existing suspension pursuant to section 14-227b of the Connecticut General Statutes.(c) Any person whose operator's license or operating privilege is suspended in accordance with subdivision (1) or (2) of subsection (i) of section 14-227b of the Connecticut General Statutes shall apply to the commissioner for permission to operate a motor vehicle that is equipped with an approved IID. The commissioner shall grant such permission if: (1) such person's operator's license or operating privilege has been suspended pursuant to section 14-227b of the Connecticut General Statutes on or after July 1, 2015 and such person has served not less than forty-five (45) days of such suspension; (2) such person has installed an approved IID in each motor vehicle owned or operated by such person; and (3) such person's license or operating privilege is not under suspension by the commissioner or currently scheduled, as of a date certain, to be suspended for any other reason or cause.(d) The commissioner shall not restore the motor vehicle operator's license or operating privilege of any person who is convicted of a first or second violation of subdivision (1) or (2) of subsection (a) of section 14-227a of the Connecticut General Statutes, or who is suspended pursuant to subdivision (1) or (2) of subsection (i) of section 14-227b of the Connecticut General Statutes, until such person has installed an approved IID in each motor vehicle that such person owns or operates and shall not authorize the removal of the device until such person has maintained it for the period of time required by law, including any extension of such period that is imposed by the commissioner pursuant to subsection (b) of section 14-227a-27 a of the Regulations of Connecticut State Agencies.(e) The commissioner shall establish a procedure for any person identified in subsections (a), (b), (c) or (d) of this section to obtain permission to operate a motor vehicle that is equipped with an approved IID. The procedure shall require each such person to complete and execute a written application, which shall contain such information and affirmations by such person as the commissioner may prescribe. Prior to having an approved IID installed, any person seeking to operate a motor vehicle equipped with an approved IID may request a preliminary determination from the department as to whether such person otherwise meets the requirements, as stated in subsections (a), (b) and (c) of this section, for such person's application to be granted. The commissioner shall make available for review by CSSD application materials and operator records of all persons who apply for IIDs.(f) If permission is granted to a person by the commissioner under subsection (c) of this section, the department shall place a notation on the official record of such person's operator's license or operating privilege, to indicate that such person's operator's license or operating privilege is restricted, including the travel limitations described in subsection (g) of this section, if applicable, and that the holder is authorized to operate motor vehicles that are equipped with an approved, properly functioning IID, and no other motor vehicles. Such restriction shall be known as an IID restriction. The commissioner may place the designation "IID" or similar designation, on the operator's license record of any person who is granted permission to operate a motor vehicle in accordance with the provisions of this section. The department shall take steps necessary to furnish information concerning each IID restriction to the Connecticut On-Line Law Enforcement Communications Teleprocessing System (COLLECT system).(g) A person who has been convicted of a second violation of subdivision (1) or (2) of subsection (a) of section 14-227a of the Connecticut General Statutes within ten years after a prior conviction for the same offense, as indicated on such person's driving history as maintained by the commissioner, and who has been granted permission to operate a motor vehicle equipped with an approved IID in accordance with subsection (c) of this section shall, during the first year of the prescribed three-year IID period, operate such motor vehicle only to or from (1) work, (2) school, (3) an alcohol or drug abuse treatment program, (4) an ignition interlock service center, or (5) an appointment with a probation officer. Each person subject to this subsection shall, at all times while operating a motor vehicle, carry a schedule or schedules detailing such person's hours of work and school, and all appointments pursuant to subdivisions (3) to (5), inclusive, of this subsection to which such person is authorized to drive under this subsection.(h) If permission as described herein is granted by the commissioner, it shall be the responsibility of such person to have each motor vehicle owned or operated by such person, that is equipped with the IID, inspected by the installer every twenty-five (25) to thirty (30) days to ensure that the device is operating properly, and that the device is properly maintained, inspected, installed and calibrated. It shall also be the responsibility of such person to contact the installer if such person has reason to believe that the device is not working properly.(i) The person shall be provided with a document by the department evidencing the fact that the commissioner has granted such person permission to operate a specific motor vehicle or vehicles equipped with an IID. This document shall be kept in the motor vehicle whenever the person is operating such vehicle.(j) A person who has been ordered by a court to operate only a motor vehicle equipped with an IID as described in subsection (a) of this section shall not be permitted to remove the IID until the commissioner receives documentation from such court that the order is no longer in effect. A person who is authorized to operate with an IID as a result of a conviction under subdivision (1) or (2) of subsection (a) of section 14-227a of the Connecticut General Statutes, as described in subsection (b) of this section, or as a result of a suspension in accordance with subdivision (1) or (2) of subsection (i) of section 14-227b of the Connecticut General Statutes, shall not remove an IID until the commissioner notifies such person that he or she has fulfilled the IID restriction.Conn. Agencies Regs. § 14-227a-26a
Adopted effective September 7, 2005; Amended December 31, 2012; Amended April 4, 2014; Amended May 1, 2017