Title 05, Title 05: Aeronautics and Surface Transportation

§ 1010. Existing nonconforming use Airport zoning regulations adopted under this chapter shall not require the removal, lowering, or other change or alteration or prohibit the repair or replacement of any airport hazard not conforming to the regulations when adopted or amended, o…

§ 1011. Permits as to structures Airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repair…

§ 1012. Variance from regulations A person desiring to use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the board of adjustment for a variance from the zoning regulations in question. The variances shall be allowed where a…

§ 1013. Conditional permit or variance In granting any permit or variance under sections 1011-1013 of this title, if it deems such action advisable to accomplish the purposes of this chapter and reasonable in the circumstances, the administrative agency or board of adjustment may…

§ 1014. Administrative agency All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of the regulations by an administrative agency that may be an agency created by the regulations or any official, board, or other existing a…

§ 1015. Appeals to board of adjustment (a) A person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint air…

§ 1016. Powers of board of adjustment (a) All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by th…

§ 1017. Appeals to Superior Court (a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board, that is of the opinion that a decision of a board of adjustment is illeg…

§ 1018. Violations The political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning regulations adopted und…

§ 1019. Condemnation; appeals (a) The political subdivision within which the property or nonconforming structure or use is located, or the political subdivision owning the airport or served by it, may acquire such air right, navigation easement, or other estate or interest in the…

§ 1020. Penalties A person who violates a provision of this chapter or any rule, order, or ruling adopted or made pursuant to this chapter shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, …

§ 1601. Agency of Transportation; powers (a) The Agency of Transportation shall supervise and direct the execution of all laws and Transportation Board orders relating to public transportation corporations and firms and individuals engaged in this business, including the: (1) [Re…

§ 1801. Definitions As used in this chapter, the word “company” or “corporation” means and includes individuals, partnerships, associations, and corporations, owning or conducting any transportation business or property, other than railroads and aircraft, which are covered by the…

§ 1802. Jurisdiction over certain transportation companies by the Agency of Transportation and the Transportation Board The Transportation Board and the Agency of Transportation shall have jurisdiction over the following described companies within the State, their directors, rece…

§ 1803. Organization; reports of transportation corporations Immediately upon the delivery of its articles of association to the Secretary of State, a corporation subject to supervision under this chapter shall file a copy of its articles with the Agency of Transportation and a c…

§ 1804. Duty to furnish copies of contracts At the request of the Agency of Transportation, a corporation subject to supervision under this chapter shall submit to the Agency for its approval certified copies of contracts entered into after July 1, 1986, between the corporation a…

§ 1805. Information to be furnished to the Agency of Transportation On request by the Agency of Transportation, a company owning or operating a plant, line, or property subject to supervision under this chapter shall furnish the Agency information concerning the condition, operat…

§ 1806. Report of accidents; investigation The superintendent or manager of any transportation company subject to supervision under this chapter shall notify the Agency by telephone or wire and subsequently in writing of any accident within this State, immediately after its occur…

§ 1807. Complaints; investigations; procedure A complaint to the Transportation Board may be made against a company subject to supervision under the provisions of this chapter concerning any claimed unlawful act or neglect adversely affecting the complainant, who may be a company…

§ 1808. Jurisdiction of Transportation Board; general scope On notice, the Board shall have jurisdiction to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter or articles of any corporation owning or operating any plant, line,…

§ 1809. Prosecution of cases before Board The Secretary of Transportation or his or her designee shall represent the public at a Board hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or…

§ 1810. Jurisdiction by the Transportation Board over charges and rates When, upon hearing, the rates, tolls, charges, or schedules are found unjust, unreasonable, insufficient, or unjustly discriminatory, or are found to be preferential or otherwise in violation of a provision o…

§ 1811. Service to the public Each company subject to supervision under this chapter shall be required to furnish reasonably adequate service, accommodation, and facilities to the public. The charge made by any company subject to supervision under this chapter for any provision o…

§ 1813. Exceptions Companies under the jurisdiction of a federal commission shall not be required to keep any system of accounts and records that would conflict with any requirement of the federal commission or agency. (Added 1985, No. 224 (Adj. Sess.), § 1.)

§ 1817. Copy of schedules Each company subject to the provisions of this chapter shall keep on file in every one of its stations or offices where payments are made by consumers or users a copy printed in plain type of so much of its schedules as the Board shall deem necessary. Th…

§ 1818. Rebates; exceptions A company shall not directly or indirectly or by any special rate, rebate, drawback, or other device or method make any deviation from the rates, fares, charges, or prices for any service rendered by it or in services rendered or to be rendered in conn…

§ 1819. Special rate or rebate; penalty Except as provided in section 1818 of this title, an officer or employee of a transportation company who grants or knowingly consents to a special rate or rebate shall be fined not less than $100.00 nor more than $1,000.00 and the company g…

§ 1820. Motor bus defined A motor bus is defined to be any motor vehicle, other than a street car, operated upon the public streets and highways along a regular route, and in the operation of receiving, discharging, and transporting passengers for hire. However, this definition s…

§ 1821. Common carrier defined Each person, association, or corporation owning or operating a motor bus, which indiscriminately carries passengers, freight, or express for hire, regularly over a fixed route or between fixed terminals, is declared a common carrier. (Added 1985, No…

§ 1822. Jurisdiction of Transportation Board over common carriers A common carrier shall be subject to the jurisdiction of the Transportation Board and, while so operating, to all reasonable rules as the Board prescribes with respect to routes, fares, schedules, continuity of ser…

§ 1823. Certificate of public good An individual, association, or corporation shall not operate a motor bus until the owner has obtained a certificate from the Transportation Board specifying the route over which the motor bus may operate, the number of passengers that the motor …

§ 1824. Application for certificate of public good; hearing A certificate shall be issued only after written application has been made. Upon receipt of an application, the Board shall fix a time and place for hearing, which shall be in a town within which the route or a part of t…

§ 1824a. Publicly funded carriers Sections 1823-1824 of this title shall not apply to any carrier subsidized by public funds under 24 V.S.A. chapter 126. (Added 1993, No. 172 (Adj. Sess.), § 6.)

§ 1825. Petition by public; notice; hearing Any town, city, or village within which, or between which, and any other town, city, or village in this State any common carrier is furnishing service, may bring a written petition to the Transportation Board, or the Board on its own mo…

§ 1826. Display of certificate The owner or operator of every motor bus shall display in a conspicuous place in or on the motor bus the certificate in abbreviated form prescribed by the Board or a certified copy of the certificate. (Added 1985, No. 224 (Adj. Sess.), § 1.)

§ 1827. Jurisdiction of Commissioner of Motor Vehicles Upon the granting of a certificate as provided in section 1823 of this title, the Commissioner of Motor Vehicles shall have jurisdiction over the registration of a motor bus, its speed and lighting, the safety devices, and th…

§ 1828. Safe operation of motor buses Common carriers shall furnish motor buses and operate them in a manner that will afford safety and protection to their passengers and to the public. (Added 1985, No. 224 (Adj. Sess.), § 1.)

§ 1829. Supervision by Transportation Board of common carriers; abandonment of service The Transportation Board shall have general supervision and jurisdiction of common carriers, make rules, hold hearings, and issue certificates as may be required under the provisions of this ch…

§ 1830. Penalty An individual or the officers of an association or corporation who violates any order, rule, or regulation adopted or established under the provisions of this chapter or violates any provision of this chapter shall be fined not more than $5,000.00 or imprisoned fo…

§ 2001. Transportation of hazardous materials (a) The Secretary of Transportation is authorized to promote safety in the transportation of hazardous materials by all modes of transportation and furthermore: (1) Is authorized to adopt rules, under 3 V.S.A. chapter 25, governing tr…

§ 2003. Transportation of radioactive materials; preferred routes (a) The Secretary of Transportation, following consultation with the Commissioner of Health and the Commissioner of Public Safety, shall designate any highway as a part of a preferred route for the transportation o…

§ 2101. Motor carrier safety standard rules (a) The Secretary of Transportation is authorized to promote safety in motor carrier safety standards, and furthermore: (1) Is authorized to adopt rules under 3 V.S.A. chapter 25 governing motor carrier safety standards as they apply to…

§ 3002. Powers of Agency (a) To carry out the purposes of 19 V.S.A. § 10e, the Agency of Transportation may, subject to subsection (b) of this section: (1) Contract in the name of the State with federal agencies, the National Railroad Passenger Corporation (Amtrak), railroads, mu…

§ 3402. Scope For purposes of this chapter, the term “State-owned railroad property” includes the following: (1) property of the former Rutland Railway Corporation south of chaining station 6583+50 (milepost 124.6875) in Burlington acquired pursuant to No. 162 of the Public Acts …

§ 3403. Acquisition and modernization (a) The Agency of Transportation, as agent for the State, and with the specific prior approval of the General Assembly, is authorized to acquire by purchase or condemnation, after the approval of the Surface Transportation Board, if necessary…

§ 3403a. Emergency repairs to bridges on State-owned railroad property Should emergency repairs be required to any bridge, pier, abutment, or culvert on State-owned railroad property, as defined in section 3402 of this title, the Secretary of Transportation, in his or her discret…