Title 23, Motor Vehicles

§ 3114. Penalties A person who violates any provision of this subchapter shall be fined not more than $2,000.00 nor less than $500.00. This penalty shall be in addition to the penalty imposed by any other section of this subchapter. (Added 1985, No. 207 (Adj. Sess.), § 1.)

§ 3115. Appeals (a) Any aggrieved person may have any decision, order, or finding of the Commissioner made under this chapter reviewed under Rule 75 of the Vermont Rules of Civil Procedure. The review shall be to the Washington Superior Court or, in the discretion of the applican…

§ 3116. Proceedings to recover tax (a) Whenever any person fails to pay any tax, penalty, or interest under this title, the Attorney General shall, upon the request of the Commissioner, enforce the payment on behalf of the State in any court of the State or of any other state of …

§ 3117. Bond requirement; amount; failure of security (a) Notwithstanding any language in section 3102 of this title to the contrary, when the Commissioner deems it necessary to protect the revenues to be obtained under this subchapter, he or she may require a licensee to file wi…

§ 3118. Bulk sales; transferee liability (a) Whenever a licensee (transferor) required to collect and remit the tax required by this subchapter shall make any sale, transfer, lease, or assignment (transfer) in bulk of any part or the whole of the assets of a business, otherwise t…

§ 3119. Personal liability Any licensee who fails to collect the tax required by this subchapter or to pay it to the Commissioner in the manner required by this subchapter shall be personally and individually liable for the amount of such tax and any interest and penalty assessed…

§ 3120. Tax liability as property lien; discharge and foreclosure (a) If any licensee required to pay the tax under this subchapter neglects or refuses to pay the same after demand is made by the Commissioner, the amount, together with all penalties and interest provided for in t…

§ 3121. Lien filing fees Notwithstanding 32 V.S.A. § 502, the Commissioner may charge against any collection of liability any related lien filing fees specified in 32 V.S.A. § 1671(a)(6) or 1671(c) paid by the Commissioner. Fees collected under this section shall be credited to a…

§ 3171. Imposition and rate of reciprocal tax Whenever under the laws of any other state or province any tax or toll is imposed upon the use of gasoline or other motor fuel by residents of this State for the privilege of operating a motor vehicle upon the highways of such state o…

§ 3172. Agreements for reciprocal waiver of tax The Commissioner of Motor Vehicles may enter into reciprocal agreements with the appropriate officials of any other state or province under which he or she may waive all or any part of the requirements imposed by this subchapter, up…

§ 3173. Gasoline or other motor fuel defined For the purpose of this subchapter, gasoline or other motor fuel shall be defined to mean any type of fuel, by whatever name it may be called, used in an internal combustion engine to generate power to propel a motor vehicle upon a hig…

§ 3174. Rules The Commissioner of Motor Vehicles may make rules as are necessary to carry out the provisions of this subchapter. (Added 1985, No. 207 (Adj. Sess.), § 1.)

§ 3201. Definitions As used in this chapter: (1) “Commissioner” means Commissioner of Motor Vehicles unless otherwise stated. (2) “Department” means Department of Motor Vehicles unless otherwise stated. (3) “Operate” includes an attempt to operate and shall be construed to cover …

§ 3202. Registration and TMA decal required; exceptions (a) Registration and decal required. A person shall not operate a snowmobile in this State unless it is registered and numbered by the State of Vermont or another state or province and displays a valid Vermont Trails Mainten…

§ 3203. Termination of registration The registration of a snowmobile ends when the owner transfers title to another. The former owner shall immediately return to the Commissioner the registration certificate previously assigned to the transferred snowmobile with the date of sale,…

§ 3204. Registration fees and dealer plates (a) Fees. Annual registration fees for snowmobiles other than as provided for in subsection (b) of this section are $28.00 for residents and $36.00 for nonresidents. Duplicate registration certificates may be obtained upon payment of $6…

§ 3204a. Antique snowmobiles (a) The one-time registration fee for a snowmobile that is at least 25 years old and is used exclusively in exhibitions, parades, and public functions shall be $50.00. The registration process for snowmobiles registered under this section shall be the…

§ 3205. Snowmobile equipment; windshield; use of headlight; illegal noise level; exemption from equipment requirement (a) Snowmobile; required equipment. All snowmobiles shall be equipped with one or more operational: (1) headlight; (2) red rear light; (3) a fully functional brak…

§ 3206. Snowmobile operation (a) A person shall operate, or cause to be operated, a snowmobile only in accordance with this chapter. (b) A snowmobile shall not be operated: (1) Across or on a plowed public highway unless: (A) The crossing is made at an angle of approximately 90 d…

§ 3207. Penalties and revocation or suspension of registration (a) A person who violates any of the following sections of this title shall be subject to a civil penalty of $35.00 for each violation: (b) A person who violates any of the following sections of this title shall be su…

§ 3207a. Snowmobiling under the influence of alcohol or drugs (a) A person shall not operate, attempt to operate, or be in actual physical control of a snowmobile on any lands, waters, or public highways of this State: (1) when the person’s alcohol concentration is 0.08 or more; …

§ 3207b. Preliminary screening device When a law enforcement officer has reason to believe that a person may be violating or has violated section 3207a of this title, the officer may request the person to provide a sample of breath for a preliminary screening test using a device …

§ 3207c. Implied consent Any person who operates, attempts to operate, or is in actual physical control of a snowmobile on any lands, waters, or public highways of this State is deemed to have given consent to the taking of more than one sample of his or her breath or blood for t…

§ 3207d. Permissive inferences Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating, attempting to operate, or in actual physical control of a snowmobile on any lands, waters, or public highway…

§ 3207e. Refusal to submit to test If the person refuses to submit to an evidentiary test it shall not be given, but the refusal may be introduced as evidence in a criminal proceeding. (Added 1993, No. 234 (Adj. Sess.), § 11, eff. Nov. 1, 1994.)

§ 3207f. Persons under 21 years of age; alcohol concentration of 0.02 or more (a) A person under the age of 21 who operates, attempts to operate, or is in actual physical control of a snowmobile on any lands, waters, or public highways of this State when the person’s alcohol conc…

§ 3208. Administration and enforcement (a) The Commissioner of Motor Vehicles shall administer the provisions of this subchapter, except as otherwise provided, and may adopt rules prescribing forms and procedures for application and registration as necessary to carry its provisio…

§ 3209. Defacing manufacturer identification and serial numbers A person shall not willfully change or attempt to change or tamper with, obliterate, deface, or in any manner interfere with the original or assigned motor number or manufacturer’s serial number of any snowmobile. (A…

§ 3209a. Placing and defacing trail signs (a) A landowner or VAST may place snowmobile trail signs, markers, or posters on or adjacent to a snowmobile trail maintained by VAST if the landowner has granted permission for use of the land and for placement of the signs, markers, or …

§ 3210. Municipal ordinances Municipalities shall have the power to adopt ordinances pursuant to 24 V.S.A. chapter 59 for the purpose of regulating the time, manner, and location of operation of snowmobiles within their limits, provided such ordinances do not controvert the provi…

§ 3211. Crashes; duty to stop and report (a) The operator of a snowmobile who has caused or is involved in a crash resulting in injury to any person or property, other than the snowmobile then under his or her control, shall immediately stop and render such assistance as may be r…

§ 3212. Attempting to elude a law enforcement officer An operator of a snowmobile shall bring the snowmobile to a stop and not attempt to elude a law enforcement officer when signaled to do so by a law enforcement officer wearing insignia identifying him or her as such, or operat…

§ 3213. Proof of payment of tax (a) No license, permits, registration, or similar authorization to own or operate any snowmobile shall be issued under this subchapter until proof of payment of or exemption from the tax imposed by 32 V.S.A. chapter 233 has been established in the …

§ 3214. Allocation of fees and penalties; liability insurance; authority to contract for law enforcement services (a) The amount of $5.00 from the sale of every resident and nonresident snowmobile registration shall be allocated to the Transportation Fund. The balance of fees and…

§ 3215. Expenditure plan VAST shall prepare a plan for the expenditure of funds for the SSTP that are allocated in section 3214 of this title and shall submit this plan to the Governor’s Snowmobile Council for its review, advice, and consent. The plan shall include provisions for…

§ 3216. Governor’s Snowmobile Council (a)(1) The Governor’s Snowmobile Council is created. The members of the Council shall consist of: (A) the President or designee of VAST; (B) the Secretary of Natural Resources or designee; (C) the Commissioner of Fish and Wildlife or designee…

§ 3217. Liability insurance; trail maintenance The State may extend coverage of its liability insurance to parties under contract with the Department of Forests, Parks and Recreation for development and maintenance of the snowmobile trail system. Insurance coverage shall match th…

§ 3218. Law enforcement officer’s testimony In any proceeding under this subchapter, a law enforcement officer’s testimony that he or she is certified pursuant to 20 V.S.A. § 2358 shall be prima facie evidence of that fact. (Added 1999, No. 20, § 12.)

§ 3219. Administrative penalties (a) The Commissioner may impose an administrative penalty of not more than $250.00 against VAST or its agent for each violation of this subchapter or the rules adopted under this subchapter. A penalty arising from a single violation may be assesse…

§ 3301. Declaration of policy It is the policy of this State to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating to the use, operation, and equipment of vessels. (Added 1983, No. …

§ 3302. Definitions As used in this chapter, unless the context clearly requires a different meaning: (1) “All-round light” means a light showing an unbroken light over an arc of the horizon of 360 degrees. (2) “Holding tank” means a container or device designed to provide for th…

§ 3303. Operation of unnumbered motorboats prohibited Except for motorboats exempt from numbering under subdivisions 3307(a)(2)-(6) of this title, every motorboat on the waters of this State shall be numbered. A person shall not operate or give permission for the operation of any…

§ 3304. Classification Motorboats subject to the provisions of this chapter shall be divided into four classes as follows: Class A. Less than 16 feet in length. Class 1. 16 feet or over and less than 26 feet in length. Class 2. 26 feet or over and less than 40 feet in length. Cla…

§ 3305. Fees (a) An individual shall not operate a motorboat on the public waters of this State unless the motorboat has a valid marine document issued by U.S. Customs and Border Protection or any successor federal agency or is registered in accordance with this chapter. (b)(1) A…

§ 3305a. Privilege to operate a vessel; suspension of privilege; minimum age for operation of a motorboat (a) An individual who meets the applicable requirements of this subchapter shall have the privilege to operate a vessel on the public waters of this State, as those waters ar…

§ 3305b. Boating safety education; rules (a) When required. An individual born after January 1, 1974 shall not operate a motorboat on the public waters of this State without first obtaining a certificate of boating education. (b) Possession of certificate. An individual who is re…