DocketNumber: No. CVN-9110-1103
Citation Numbers: 1992 Conn. Super. Ct. 2672, 7 Conn. Super. Ct. 674
Judges: BERGER, J.
Filed Date: 3/24/1992
Status: Non-Precedential
Modified Date: 7/5/2016
INTRODUCTION
The present action is brought by the plaintiff City of New Britain through its zoning enforcement officer, Norman F. Wnuk, against the defendant David E. Yuille for allegedly violating its zoning regulations by parking a former greyhound bus in a residential district.
The defendant maintains that as the bus has been converted to a camper, it is no longer a commercial vehicle and thus is exempt from the zoning regulation.
Not more than one commercial vehicle shall be housed or parked in a private garage or offstreet parking area. Such commercial vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds.
(Exhibit A.)
This court must determine whether the bus is a commercial vehicle as there is no question that the subject vehicle CT Page 2673 weighs more than 10,000 pounds. The application for registration indicates that the vehicle has a light weight of 28,940 pounds and a gross weight of 30,820 pounds. (Exhibit 2). The evidence introduced at trial certainly suggests that the bus can be called a camper. The certificate of title lists the vehicle under model name as a "private coach". Under body style, it is a "camper". (Exhibit 1). The application for registration under model states "privat" [sic] and under body; style, "camper-10". (Exhibit 2). The registration has similar designations. (Exhibit 2). Printouts of the 1990 and 1991 grand lists also reference the vehicle as a camper. (Exhibits C and D). The vehicle was purchased from Greyhound in 1973 to be used as a camper and the interior of the bus has been clearly transformed into living quarters. (Exhibit 3). The vehicle is 40 feet long, 7 feet wide, 10 1/4 feet high and is owned by Mr. Yuille's business, the Yuletide Advertisement Agency. It is not used to transport people in the traditional sense.
(11) "Commercial motor vehicle" means a vehicle designed or used to transport passengers or property, except a vehicle used for farming purposes, fire fighting apparatus or other authorized emergency vehicles, or a recreational vehicle, which (A) has a gross vehicle weight rating of twenty-six thousand and one pounds or more; (B) is designed to transport sixteen or more passengers, including the driver, or is designed to transport ten or more passengers, including the driver, and is used to transport students under the age of twenty-one years to and from school; or (C) is transporting hazardous materials and is required to be placarded in accordance with the Code of Federal Regulations Title 49, Part 172, Subpart F, as amended;
It is clear from this definition that certain vehicles are excepted: farming, fire, emergency, and recreational vehicles fall outside the definition of commercial vehicles. Section
The only conclusion this court can reach from the evidence is that the defendant's bus falls within the definition of a camper or recreational vehicle. While it may once have been designed and used to transport passengers, it is no longer used for that purpose. As a recreational vehicle, it is not a commercial vehicle as defined in General Statutes section
As the defendant's bus now qualifies under General Statutes section
MARSHALL K. BERGER, JR. JUDGE, SUPERIOR COURT