Title 23, Motor Vehicles

§ 3309. Muffling devices The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a manner that reduces the maximum machine operating noise level to not more th…

§ 3310. Swimming areas (a) The Commissioner of Forests, Parks and Recreation or a municipality in administering a swimming beach or waterfront program may designate a swimming area in front of the beach or land that the State or a municipality owns or controls and may make rules …

§ 3311. Operation of vessels; prohibited acts; authority of law enforcement officers (a) Careless and negligent operation. An individual shall not operate any vessel or manipulate any water skis, surfboard, or similar device in a careless or negligent manner or in any manner to e…

§ 3312. Operations rules as between vessels (a) When two motorboats are approaching each other “head on” or in a manner so as to involve risk of collision, each motorboat shall bear to the right and pass the other motorboat on its left side. (b) When two vessels approach each oth…

§ 3312a. Operation of personal watercraft (a) An individual less than 16 years of age shall not operate a personal watercraft. (b) All individuals operating or riding on a personal watercraft shall wear a properly secured wearable U.S. Coast Guard-approved personal flotation devi…

§ 3313. Collisions, crashes, and casualties (a) The operator of a vessel involved in a collision, crash, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, shall render to other individuals affected by the colli…

§ 3314. Transmittal of information In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Department of Motor Vehicles under subsection 3313(b) of this title shall be transmitted to…

§ 3315. Water skis and surfboards (a) Except as provided in this subsection, an individual shall not operate a vessel on any waters of this State to tow an individual or individuals on water skis, aquaplane, kite skis, wakeboard, kneeboard, or similar device unless the individual…

§ 3316. Regattas; races; marine parades; tournaments; water skiing events or exhibitions; triathlons (a) The Commissioner of Public Safety may authorize the holding of public regattas, motorboat or other vessel races, marine parades, tournaments, water skiing events, exhibitions,…

§ 3317. Penalties (a) Penalty; $50.00 maximum. A person who violates any of the following sections of this title shall be subject to a penalty of not more than $50.00 for each violation: (b) Penalty or fine; $300.00 or $1,000.00 maximum. A person who violates a requirement under …

§ 3318. Administration and enforcement (a) The administration of the provisions of this chapter, as they pertain to the registration and numbering of vessels and the suspension of the privilege to operate vessels, shall be the responsibility of the Department of Motor Vehicles. (…

§ 3319. Fees collected; special fund (a) There is hereby established a special fund to be known as the Motorboat Registration Fund for the purposes of ensuring that the fees and penalties collected under this subchapter are utilized in the protection and maintenance of the State’…

§ 3320. Motorboats on Dufresne Dam waters prohibited (a) The use and operation of motorboats on the waters impounded by the Dufresne Dam, so-called, on the Battenkill River in the Town of Manchester is prohibited. (b) The Department of Fish and Wildlife shall post notice of this …

§ 3321. Motorboats in South Pond prohibited (a) The use and operation of motorboats on the waters of South Pond in the Town of Marlboro is prohibited. (b) The Department of Fish and Wildlife shall post notice of this section conspicuously at the boat launching areas at the South …

§ 3322. Proof of payment of tax No license, permit, registration, validation, or similar authorization to own or operate any vessel shall be issued under this chapter until proof of payment of or exemption from the tax imposed by 32 V.S.A. chapter 233 has been established in the …

§ 3323. Boating under the influence of alcohol or drugs (a) A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this State while: (1) there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by anal…

§ 3323a. 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 vessel on the waters of this State when the person’s alcohol concentration is 0.02 or more, comm…

§ 3324. Implied consent Any person who operates, attempts to operate, or is in actual physical control of a vessel on the waters 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 the purpose of determining the al…

§ 3325. Permissive inferences (a) 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 vessel on the waters of this State, the amount …

§ 3326. Refusals; sanctions (a) Refusals. 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. If the person is charged with a violation of this subchapter, the court at the arraignm…

§ 3327. Responsibility to follow lawful order of law enforcement officer (a) A person while operating or in charge of a vessel shall, upon request by a law enforcement officer who reasonably suspects that the person has committed or is committing a violation of this subchapter, g…

§ 3381. Divers; flag required (a) As used in this section: (1) “Diver” means any person who is wholly submerged in the waters of the State and is equipped with a face mask and snorkel or “underwater breathing apparatus.” (2) “Divers-down flag” means a flag that is either square o…

§ 3501. Definitions As used in this chapter: (1) “All-terrain vehicle” or “ATV” means any nonhighway recreational vehicle, except snowmobiles, having not less than two low pressure tires (10 pounds per square inch, or less); not wider than 72 inches, with two-wheel ATVs having pe…

§ 3502. Registration and Trail Access Decal (TAD) required; exceptions (a)(1) Except as otherwise provided in this section, an individual shall not operate an ATV on the VASA Trail System, on State land designated by the Secretary pursuant to subdivision 3506(b)(4) of this title,…

§ 3503. Transfer of registration The registration of an all-terrain vehicle ends when the owner transfers title to another person. The former owner shall immediately return to the Commissioner the registration certificate and plate previously assigned to the transferred all-terra…

§ 3504. Registration fees and plates (a) The registration fee for all-terrain vehicles other than as provided for in subsection (b) of this section is $45.00. Duplicate registration certificates may be obtained upon payment of $6.00 to the Department. (b) Any person engaged in th…

§ 3505. Equipment (a) All all-terrain vehicles shall be equipped with one or more headlights, a red rear light all in working order, and brakes in good mechanical condition and be equipped with an efficient muffler and such other equipment and devices as may be required to meet t…

§ 3506. Operation; prohibited acts; financial responsibility; headgear (a) A person shall only operate an ATV, or permit an ATV owned by him or her or under his or her control to be operated, in accordance with this chapter. (b) An ATV shall not be operated: (1) Along a public hi…

§ 3507. Enforcement; penalties and revocation of registration (a) A person who violates a provision of this chapter shall be assessed a civil penalty of not more than $300.00 for each offense unless otherwise provided by law. (b) In addition to the fines provided in subsection (a…

§ 3508. Designated areas The Secretary shall print a list of public lands and waters designated for use by all-terrain vehicles pursuant to subdivision 3506(b)(4) of this title and make the publication available to the public. (Added 1983, No. 240 (Adj. Sess.), § 1.)

§ 3509. Defacing identifying numbers; signs (a) A person may 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 all-terrain vehicle. (b) A per…

§ 3510. 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 or operation of all-terrain vehicles within their limits provided the ordinances do not controvert th…

§ 3511. Crashes; duty to stop and report (a) The operator of an all-terrain vehicle who has caused or is involved in a crash resulting in injury to any person or property, other than the all-terrain vehicle then under his or her control, shall immediately stop and render whatever…

§ 3512. Attempting to elude a police officer An operator of an all-terrain vehicle shall bring his or her vehicle to a stop when signalled to do so by an enforcement officer wearing identifying insignia or operating a law enforcement vehicle sounding a siren or displaying a flash…

§ 3513. Liability insurance; authority to contract for law enforcement services (a) The amount of 90 percent of the fees and penalties collected under this chapter, except interest, is allocated to the Department of Forests, Parks and Recreation for use by the Vermont ATV Sportsm…

§ 3514. Administration of chapter; rules The Commissioner shall administer this chapter and shall adopt rules and prescribe forms and procedures for application and registration, consistent with this chapter as necessary to carry its provisions into effect. (Added 1987, No. 190 (…

§ 3515. All-terrain safety education course; issuance of certificate (a) The Commissioner of Public Safety shall establish and oversee a program of examination and certification of all-terrain vehicle operators. In order for an operator to be awarded a safety education certificat…

§ 3516. Training fee (a) A person or organization conducting an approved all-terrain vehicle safety education course may charge a reasonable fee to persons completing the course, as appropriate and necessary to defray the expenses of providing the course. (b) The Commissioner of …

§ 3517. Distribution of safety education information Dealers shall distribute safety education information, as may be made available by the Commissioner of Public Safety or the vehicle manufacturers or distributors, to all purchasers of all-terrain vehicles. (Added 1991, No. 123 …

§ 3518. Applicability The provisions of subsections 3506(e) and (f) and sections 3515 through 3517 of this title shall not apply to any two-wheeled vehicles, nor to four-wheeled vehicles having a dry weight in excess of 700 pounds. (Added 1991, No. 123 (Adj. Sess.), § 7.)

§ 3551. Enactment of compact The Nonresident Violator Compact, hereinafter called “the compact,” is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows. (Added 1985, No. 84, § 1.)

§ 3552. Declaration of policy and purpose—Article I (a) It is the policy of the party jurisdictions to: (1) seek compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions; (2) allow moto…

§ 3553. Definitions—Article II (a) In the Nonresident Violator Compact, the following words have the meaning indicated, unless the context requires otherwise. (b)(1) “Citation” means any summons, ticket, or other official document issued by a police officer for a traffic violatio…

§ 3554. Procedure for issuing jurisdiction—Article III (a) When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver’s license issued by a party jurisdiction and shall not, subject to the exceptions noted in pa…

§ 3555. Procedure for home jurisdiction—Article IV (a) Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accorda…

§ 3556. Applicability of other laws—Article V Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to license to drive to any person or circums…