Ice Cream Truck Regulation Bill Passes

Photo Courtesy of Erik Pendzich/Shutterstock

On April 14, a bipartisan bill called “Tristan’s Law” passed the Connecticut State Senate, to ensure child vehicular safety and protect children from oncoming traffic near ice cream trucks. Next, the bill will go to the State House, where it is also overwhelmingly supported. Finally, the bill will reach Governor Ned Lamont, who has the power to sign it into law. The need for the bill arose after a tragic accident in summer 2020 involving ten-year- old Tristan Barhost of Wallingford. Barhost had just bought ice-cream at a truck in a high-traffic area in Cheshire when he attempted to cross the road. Barhost was fatally struck by an oncoming vehicle.

Barhost’s death was caused, in part, by the safety hazards ignored by the ice cream truck and driver of the other car. The ice cream truck driver admitted to not putting out a stop sign arm, and the truck itself was so large that it blocked Bar- host’s view from oncoming traffic.

“Tristan’s Law” focuses on en- forcing safety measures, so that ice cream trucks are visible when they are serving customers. The bill, titled “An Act Concerning the Safety of Children When Buying Ice Cream from a Frozen Dessert Truck,” calls for equipment up- dates on ice cream trucks such as signal lamps, a stop sign arm, a front crossing arm, and a con- vex mirror. The bill also prevents ice cream trucks from selling in high-traffic areas and requires drivers to give ice cream trucks a perimeter of ten feet when the truck is flashing its signal lights and extending its stop sign.

In hopes of preventing future tragedy, “Tristan’s Law” unanimously passed the Connecticut State Senate, 33-0. Once the bill was proposed, senators, representatives, and attorneys all worked together on writing the language of the bill and assisting in the process. On the Senate floor, Democratic State Senator Will Haskell said, “This is one of those special days in the legislature when we can be proud that our government is responding in a bipartisan way. I’m thinking about Tristan and all those young people as I cast my vote in favor of this legislation.” Senator Cicarella added, “I think it was something that needed to be done to protect children, and it was a way of honoring Tristan’s legacy. Hopefully this will allow people to be more knowledgeable about slowing down when seeing an ice cream truck or car on the side of the road. I do hope this prevents any future injuries for pedestrians and children.”

Although the bill will not go into effect until May 1, 2022, the Connecticut State Senate is still hoping to make an immediate change. Starting from mid-May, a safety guide covering child safe- ty when purchasing from an ice cream truck will be handed out to schools across Connecticut.

Yet, many local ice cream truck businesses remain unaware of the changes. Jim Malin, owner of Jim’s Ice Cream Truck, said, “I was not aware of [the bill]. Since I’m not in the Wallingford area, it doesn’t re- ally affect me.” Although the Connecticut State Senate hopes that all ice cream trucks will comply, actually enforcing these standards will prove more challenging. For example, in Barhost’s accident, the ice cream truck that Barhost bought from was equipped with a stop sign but failed to use it. Mr. Malin suggested that the burden to protect children not fall solely on the shoulders of vendors, “I already try to do things very cautiously, especially by avoiding high traffic areas. Aside from that, parents should also definitely be careful when letting their children run out to the streets.”

Despite these concerns, the bill shows signs of being well received, as many local ice cream truck businesses are aware of the accident and hope to prevent future ones. The bill’s passing also raises questions concerning child vehicular safety. The regulation only applies to local ice cream trucks and does not include moving vendors in general. Senator Cicarella concluded, “Tristan wasn’t the only child that was injured or killed in this type of situation. It happens every year throughout Connecti- cut, and so this legislation really should’ve been brought forward a long time ago.”

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