Title 23, Title 23: Motor Vehicles

§ 2016. Commissioner to check identification number The Commissioner, upon receiving application for a first certificate of title shall check the identification number of the vehicle shown in the application against the records of vehicles required to be maintained by section 201…

§ 2017. Issuance of certificate; records [Effective upon contingency being met; see also section 2017 effective until contingency is met, set out above] (a) The Commissioner shall file each application received and, when satisfied as to its genuineness and regularity and that the…

§ 2018. Information on certificate (a) Each certificate of title issued by the Commissioner shall contain: (1) The date issued. (2) The name and address of the owner. (3) The names and addresses of any lienholders, in the order of priority as shown on the application or, if the a…

§ 2019. Mailing or delivering certificate The certificate of title shall be mailed or personally delivered, upon proper identification of the individual, to the first lienholder named in it or, if none, to the owner. However, a person is entitled to a personal delivery of only on…

§ 2020. Withholding of certificate; bond required If the Commissioner is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the Commissioner may register the vehicle but shall either: (1) Withhold issuance of a certificate …

§ 2021. Refusal of certificate The Commissioner shall refuse issuance of a certificate of title if any required fee is not paid or the Commissioner has reasonable grounds to believe that: (1) the applicant is not the owner of the vehicle; (2) the application contains a false or f…

§ 2022. Duplicate certificate (a) If a certificate is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the Commissioner, shall promptly…

§ 2023. Transfer of interest in vehicle (a) If an owner transfers the owner’s interest in a vehicle, other than by the creation of a security interest, the owner shall, at the time of delivery of the vehicle, execute an assignment and warranty of title to the transferee in the sp…

§ 2024. Resale by dealer If a dealer buys a vehicle, holds it for resale, and obtains the certificate of title from the owner or the lienholder, then the certificate need not be sent to the Commissioner. When the dealer transfers the vehicle to a person, other than by the creatio…

§ 2025. Involuntary transfers (a) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (b) of this section, promptly mail or deliver to the Commissioner the last certificate of title, i…

§ 2026. Fee to accompany applications (a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the Commissioner. (b) An application for the naming of a lienholder or his or her assignee on a certificate of title shall be a…

§ 2027. Issuance of new certificate (a) The Commissioner, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of…

§ 2029. Suspension or revocation of certificate (a) The Commissioner shall suspend or revoke a certificate of title or exempt vehicle title, upon notice and reasonable opportunity to be heard in accordance with section 2004 of this chapter, if he or she finds: (1) the certificate…

§ 2041. Certain liens and security interests not affected This chapter does not apply to or affect: (1) a lien given by statute or rule of law to a supplier of services or materials for the vehicle; (2) a lien given by statute to the United States, this State, or any political su…

§ 2042. Perfecting security interest (a) Unless excepted by section 2041 of this title, a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unle…

§ 2043. Duties on creation of security interest If an owner creates a security interest in a vehicle: (1) The owner shall immediately execute the application, in the space provided on the certificate of title or on a separate form the Commissioner prescribes, to name the lienhold…

§ 2044. Assignment of security interest (a) A lienholder may assign, absolutely or otherwise, his or her security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without …

§ 2045. Release of security interest (a) Upon satisfaction of a security interest in a vehicle for which the lienholder possesses the certificate of title, the lienholder shall, within 12 business days after a request for release of the security interest, fully execute a release …

§ 2046. Lienholder to furnish information A lienholder named in a certificate of title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his or her security agreement and the indebtedness secured b…

§ 2047. Method of perfecting security interest exclusive The method provided in this subchapter of perfecting and giving notice of security interests subject to this subchapter is exclusive. Security interests subject to this subchapter are hereby exempted from the provisions of …

§ 2048. Terminal rental adjustment clauses; vehicle leases that are not sales or security interests In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the…

§ 2081. Application of subchapter (a) This subchapter does not apply to a self-propelled wheelchair or invalid tricycle. (b) The provisions of this subchapter that apply to certificates of title shall also apply to salvage certificates of title, exempt vehicle titles, certificate…

§ 2082. Altering, forging, or counterfeiting certificates; penalty (a) A person who with fraudulent intent commits any of the following acts shall be subject to the penalties provided in subsection (b) of this section: (1) alters, forges, counterfeits, or knowingly makes or cause…

§ 2083. Other offenses (a) A person who: (1) knowing that another person is not entitled to use or possess a certificate of title, knowingly permits that person to use or possess the certificate, shall be subject to the penalties prescribed in subdivision (5) of this subsection; …

§ 2084. Report of theft, recovery of unclaimed vehicle (a) An enforcement officer, sheriff, or constable who learns of the theft of a vehicle not since recovered, or of the recovery of a vehicle whose theft or conversion the enforcement officer, sheriff, or constable knows or has…

§ 2085. False report A person who knowingly makes a false report of the theft or conversion of a vehicle to an enforcement officer or to the Commissioner shall be fined not more than $500.00 or imprisoned not more than six months, or both. (Added 1969, No. 297 (Adj. Sess.), § 2, …

§ 2086. Impeachment of defendant In a prosecution for a crime specified in this subchapter, a certified copy of a conviction under section 2082 of this title is admissible to impeach the credibility of the defendant. (Added 1969, No. 297 (Adj. Sess.), § 2, eff. Sept. 1, 1971.)

§ 2087. Construction with other laws The penal provisions of this subchapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary. (Added 1969, No. 297 (Adj. Sess.), § 2, eff. Sept. 1, 1971; amended 2019, No. 131 (Adj. Sess.), § 2…

§ 2091. Salvage certificates of title; forwarding of plates and titles of crushed vehicles [Subsection (a) as currently effective; see also subsection (a) effective upon contingency being met, set out below.] (a) Except for vehicles for which no certificate of title is required p…

§ 2092. Issuance of salvage title The Commissioner shall file and maintain in the manner provided in section 117 of this title each application received and when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a salvage certifi…

§ 2093. Salvaged, totaled, and rebuilt vehicles (a) If a vehicle upon which a salvage certificate of title, a parts-only certificate, or other document indicating the vehicle is not sold for re-registration purposes has been or should have been issued by the Commissioner or by an…

§ 2094. Records; inspection (a) Each person who purchases or in any manner acquires a motor vehicle as salvage shall keep and maintain for a period of not less than five years such records as may be prescribed by the Commissioner that are reasonably necessary to substantiate the …

§ 2095. Penalty (a) A person who violates any provision of section 2094 of this subchapter shall be fined not more than $500.00 or imprisoned not more than six months, or both. (b) A person who violates any provision of this subchapter other than section 2094 shall be fined not m…

§ 2151. Definitions As used in this subchapter: (1)(A) “Abandoned motor vehicle” means: (i) a motor vehicle that has remained on public or private property or on or along a highway for more than 48 hours without the consent of the owner or person in control of the property and ha…

§ 2152. Authorized removal of abandoned motor vehicles (a) Public property. A law enforcement officer is authorized to remove or cause removal of an abandoned motor vehicle from public property, and may contact a towing service for its removal, based upon personal observation by …

§ 2153. Abandoned motor vehicle certification (a) A landowner on whose property an abandoned motor vehicle was discovered or has been relocated to shall apply to the Department for an abandoned motor vehicle certification on forms supplied by the Department within 90 days after t…

§ 2154. Identification and reclamation of abandoned motor vehicles (a) The Department shall make a reasonable attempt to locate an owner of an abandoned motor vehicle. (1) If the abandoned motor vehicle is not identifiable by its registration plates or public vehicle identificati…

§ 2155. Fees and charges (a) Towing fees. For towing an abandoned motor vehicle from private property, a towing service may charge a reasonable fee to be paid by the vehicle owner or the landowner of the private property. (b) Storage charges. In addition to any towing fee, an own…

§ 2156. Disposal of abandoned motor vehicles (a) If the Commissioner issues the certificate of abandoned motor vehicle, title to the motor vehicle shall pass to the holder of the certificate of abandoned motor vehicle, free from all claims of the owner or prior holder of the moto…

§ 2157. Municipal enforcement The provisions of this subchapter shall not preempt any municipal abandoned motor vehicle ordinance. (Added 2003, No. 101 (Adj. Sess.), § 1.)

§ 2158. Fees for towing; public property; funding (a) A towing service may charge a fee of up to $125.00 for towing an abandoned motor vehicle from public property under the provisions of sections 2151–2157 of this subchapter. This fee shall be paid to the towing service upon the…

§ 2302. Traffic violation defined (a) As used in this chapter, “traffic violation” means: (1) a violation of any provision of this title or rule adopted under this title for which no term of imprisonment is provided by law and for which a penalty of no more than $1,000.00 is prov…

§ 2303. Expungement of violation records (a) Expungement. Two years following the satisfaction of a judgment resulting from an adjudication or conviction of a violation identified in this subsection, the Judicial Bureau shall make an entry of “expunged” and notify the Department …

§ 2305. Procedure Traffic violations shall be heard by the Judicial Bureau and the procedure shall be as provided in 4 V.S.A. chapter 29. (Added 1989, No. 109, § 2, eff. July 1, 1990; amended 1991, No. 150 (Adj. Sess.), § 1, eff. May 5, 1992; 1997, No. 121 (Adj. Sess.), § 12.)

§ 2308. Reports The Court Administrator shall prepare audits, records, and reports relating to traffic complaints and violations. The Court Administrator shall also notify the Commissioner of Motor Vehicles of any violations that are uncontested or admitted or that are determined…

§ 2309. Violation report; assessment of points The Bureau shall send a report of each finding of a traffic violation to the Commissioner of Motor Vehicles. Such a finding shall be prima facie evidence of a violation and shall result in assessment of points and suspension or revoc…