(a) In addition
to meeting all requirements for a class D operator's license or a commercial
driver's license, as applicable, each licensed driver who transports
passengers, including passengers who are students, in a motor vehicle listed in
section
14-44-3 of
the Regulations of Connecticut State Agencies, shall satisfy the following
conditions and requirements to be issued and to retain the appropriate
endorsement:
(1) The driver shall not have
four or more moving violations arising from separate incidents occurring within
a two-year period. As used in this subdivision, "moving violations" refers to
convictions for violations specified in section
14-137-82
of the Regulations of Connecticut State Agencies, in addition to those
violations referenced in sections
14-219 and
14-300f
of the Connecticut General Statutes.
(2) The driver shall not have a conviction or
administrative license suspension, occurring within the preceding five years,
of a violation of sections
53a-56b,
53a-60d,
14-227a,
14-227b
or subsection (a) or (b) of 14-224 of the Connecticut General Statutes, or of
any statute of another state which is determined by the commissioner to
prohibit the same or substantially similar acts or conduct as said sections of
the Connecticut General Statutes.
(3) The driver shall not have a conviction,
occurring within the preceding three years, of a violation of sections
14-215,
14-222 or
14-222a
of the Connecticut General Statutes.
(4) The driver shall not have a conviction of
a serious criminal offense, which adversely reflects on his or her moral
character.
(5) The driver shall not
have engaged in any act or conduct which adversely reflects on his or her moral
character. An arrest of the driver for any felony or a violation of sections
53a-73a
or
53a-63
of the Connecticut General Statutes shall be prima facie evidence of an act or
conduct which adversely reflects on his or her moral character, unless there
has been a disposition of such charge(s) in favor of the driver.
(b) In addition to meeting the
requirements of subsection (a) of this section, a driver who applies for or
holds an "S" or "V" endorsement, shall not have a conviction of a serious
criminal offense, including, but not limited to, any of the offenses listed in
subsection (c) of this section.
(c)
Convictions under any of the following listed sections of the Connecticut
General Statutes, and convictions under the laws of any other state or
territory, or under federal law for offenses which are deemed by the
commissioner to involve conduct which is substantially similar to conduct in
violation of any of the following listed sections, are regarded as serious
criminal offenses, for the purposes of determining the qualifications of an
individual to hold an "S" or "V" endorsement, in accordance with the provisions
of this section.
(1) Any conviction of
53a-54b, capital felony: 53a-54c, felony murder: or 53a-54d, arson
murder;
(2) Any conviction of a
Class A felony;
(3) Any conviction
of a Class B felony;
(4) Any
conviction, regardless of the classification, of any of the following offenses:
21a-277, 21a-278, 21a-278a, 21a-279(a) or (b), 29-33, 29-34,
29-35, 53-20, 53-21, 53- 21a, 53-23, 53-37a, 53-80a, 53-202b, 53-202c, 53a-56,
53a-56a, 53a-56b, 53a-57, 53a-60a, 53a-60b, 53a-60c, 53a-60d, 53a-61a,
53a-61aa, 53a-63, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-87, 53a-88, 53a-90a,
53a-95, 53a-99, 53a-102, 53a-102a, 53a-103a, 53a-113, 53a-123(a)(3), 53a-135,
53a-136a, 53a-165aa, 53a-166, 53a-167c, 53a-174(a), 53a-181c, 53a-189a,
53a-189b, 53a-191, 53a-196, 53a-196e, 53a-196f, 53a-211, 53a-212, 53a-216,
53a-217b.
(d)
The following limitations and restrictions apply to any person who applies for
or holds an "S" or "V" endorsement.
(1) Any
conviction of a violation of any offense listed in subsection (c) of this
section shall disqualify a person from holding an "S" or "V" endorsement, if
the applicant or the license holder has finished serving the sentence for the
conviction within five (5) years preceding the date of the application, or, in
the case of license holders, five years preceding the date on which the
conviction has become known to DMV.
(2) With reference to each applicant and each
holder of an "S" or "V," if the sentence for the conviction of a violation of
any offense listed in subsection (c) of this section has been completed more
than five (5) years ago, the commissioner shall make an assessment of the
nature of the offense, and of the entire criminal history of the individual, as
these reflect on the current fitness of the individual to hold an endorsement
to transport school children.
(3)
If the applicant or holder of an "S" or "V" endorsement has been convicted of a
violation of the laws of another state or of federal law, the commissioner
shall determine if the conduct involved is substantially similar to conduct in
violation of any of the sections listed in subsection (c) of this
section.
(e) A driver
who applies for or holds an "S" or "V" endorsement and who has an arrest for
any felony, or a conviction of an offense that is not listed in subsection (c)
of this section, may be subject to a denial or withdrawal of the "S" or "V"
endorsement after a review and evaluation of the official records of any state
or federal criminal justice agency, an official driving history record, and any
application for the endorsement that is required in subsection (a) of section
14-44-5
of the Regulations of Connecticut State Agencies.