§ 1. Administration and enforcement of title.

The Commissioner of Motor Vehicles and the Commissioner of Public Safety shall cooperate in carrying out all the statutes and rules adopted to implement the provisions of this title to achieve the most efficient and economical administration. In case of disagreement as to division of work, the Governor shall decide.

Amended 2019, No. 131 (Adj. Sess.), § 129.

§ 2. Application to trailers, semi-trailers, and trailer coaches.

1. The provisions of this title in relation to registration, certificates of registration, refund of registration fees, duplicates of certificates of registration and number plates, and times of registration and transfers of registration and the duration thereof, for motor vehicles shall apply also to trailers and semi-trailers.
2. The provisions of this title applicable to motor vehicles, trailers, and semi-trailers shall be applicable to trailer coaches unless otherwise specifically provided or clearly inapplicable.

§ 3. Application to common carriers.

Sections 4(34), 921, 1075, 1281, 1281a, 1282, and 1283 of this title shall not apply to a Type I school bus owned or operated by a common carrier.

Amended 1977, No. 102 , § 1, eff. Sept. 1, 1977.

§ 4. Definitions.

Except as may otherwise be provided by law, and unless the context otherwise requires in statutes relating to motor vehicles and enforcement of the law regulating vehicles, as provided in this title and 20 V.S.A. part 5, the following definitions shall apply:

1. "Authorized emergency vehicle" means a vehicle of a fire department, police vehicle, public and private ambulance, and a vehicle to which a permit has been issued pursuant to subdivision 1252(a)(1) or (2) of this title.
2. "Button" is a traffic control marking consisting of an object, either permanently attached to the pavement or temporarily placed, and projecting above the surface.
3. "Carrying capacity of a motor truck" shall be deemed to be the heaviest net load to be carried.
4. "Commissioner" shall mean in this title only the Commissioner of Motor Vehicles.
5. "Construction area" or "work zone" or "work site" means an area of a highway undergoing construction, maintenance, or utility work activities by order or with the permission of the State or a municipality that is designated by and located within properly posted warning devices.
6. "Contractor's trailer" means any trailer or semi-trailer towed by a motor truck or truck tractor, both of which have been owned or leased and registered for a period of 30 days or more by the using contract highway builder and used solely for the purpose of transporting road-making appliances or motorized highway building equipment from job to job in connection with his or her business of building, repair, or maintenance of highways.
7. "Crosswalk" means:
   1. that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or
   2. any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
8. 1. 1. "Dealer" means a person, partnership, corporation, or other entity engaged in the business of selling or exchanging new or used motor vehicles, snowmobiles, motorboats, or all-terrain vehicles. A dealer may, as part of or incidental to such business, repair such vehicles or motorboats, sell parts and accessories, or lease or rent such vehicles or motorboats. "Dealer" shall not include a finance or auction dealer or a transporter.
      2. 1. For a dealer in new or used cars or motor trucks, "engaged in the business" means having sold or exchanged at least 12 cars or motor trucks, or a combination thereof, in the immediately preceding year, or 24 in the two immediately preceding years.

         (II) For a dealer in snowmobiles, motorboats, or all-terrain vehicles, "engaged in the business" means having sold or exchanged at least one snowmobile, motorboat, or all-terrain vehicle, respectively, in the immediately preceding year or two in the two immediately preceding years.

         (III) For a dealer in trailers, semi-trailers, or trailer coaches, "engaged in the business" means having sold or exchanged at least one trailer, semi-trailer, or trailer coach in the immediately preceding year or a combination of two such vehicles in the two immediately preceding years. However, the sale or exchange of a trailer with a gross vehicle weight rating of 3,500 pounds or less shall be excluded under this subdivision (III).

         (IV) For a dealer in motorcycles or motor-driven cycles, "engaged in the business" means having sold or exchanged at least one motorcycle or motor-driven cycle in the immediately preceding year or a combination of two such vehicles in the two immediately preceding years.

         (V) For the purposes of this subdivision (8)(A)(ii), the sale or exchange of vehicles or motorboats owned but not registered by the dealer, or that have been in lease or rental services, shall count as sales or exchanges. Vehicles or motorboats that are to be scrapped, dismantled, or destroyed shall not count as sales or exchanges.

   2. [Repealed.]
   3. "Finance dealer" means a person who is authorized to do business in this State and is actively engaged in and devoting a principal portion of his or her time to the wholesale and retail financing of motor vehicle sales by and through direct wholesale loans to those who are registered motor vehicle dealers under chapter 7 of this title or the purchase of retail conditional sales contracts from the dealers. A person entitled to dealer registration under this subdivision shall be deemed a dealer only to the extent of moving or operating under dealer registration a motor vehicle which he or she is repossessing in the regular course of his or her business. A person entitled to dealer registration under this subdivision shall also be entitled to demonstrate repossessed motor vehicles.
   4. "Auction dealer" means a person who is authorized to do business in this State and is engaged in the sale of motor vehicles at public auction subject to the provisions of sections 451, 458, 459, 463, and 466-468 of this title. A motor vehicle to be sold at public auction by the auction dealer may be transported to the place of auction for a period of up to 30 days prior to the date of auction on auction dealer plates and then only by the dealer or his or her employee. A motor vehicle sold by an auction dealer may only be operated on auction dealer plates on the date of sale and then only by the dealer or his or her employee or by the purchaser when accompanied by the dealer or employee within 10 miles of the place of auction.
   5. As used in this subdivision (8), "person" shall include any individual or, in the case of partnerships, corporations, or other entities, the directors, shareholders, officers, or partners in these entities.
   6. [Repealed.]
9. "Edge of the roadway" is the extreme right-hand limit of any improved area within the right-of-way of the highway.
10. "Eight-light system" shall mean four alternately flashing red signal lamps, two at the front and two at the rear, to operate automatically when a school bus is stopped and four alternately flashing amber signal lamps, two at the front and two at the rear, to be operated by the driver at an appropriate distance before stopping the bus.
11. "Enforcement officers" shall include:
    1. The following persons certified pursuant to 20 V.S.A. § 2358 : sheriffs, deputy sheriffs, constables whose authority has not been limited under 24 V.S.A. § 1936a , police officers, State's Attorneys, Capitol Police officers, motor vehicle inspectors, liquor investigators, State game wardens, and State Police.
    2. For enforcement of offenses relating to parking of motor vehicles, meter checkers and other duly authorized employees of a municipality employed to assist in the enforcement of parking regulations.
    3. For enforcement of nonmoving traffic violations enumerated in subdivisions 2302(a)(1), (2), (3), and (4) of this title, duly authorized employees of the Department of Motor Vehicles. Such employees may issue complaints in accordance with 4 V.S.A. § 1105 .
12. "Fresh pursuit" includes fresh pursuit as defined by the common law, and also the pursuit of a suspected violator of the criminal laws or other laws of this State, for which he or she is, or might be, subject to arrest, by an enforcement officer. Fresh pursuit is not necessarily instant pursuit, but pursuit without unreasonable delay.
13. "Highway," "road," "public highway," or "public road" shall include all parts of any bridge, culvert, roadway, street, square, fairground, or other place open temporarily or permanently to public or general circulation of vehicles, and shall include a way laid out under authority of law.
14. "Intersecting highway" shall mean any highway that joins another at an angle, whether or not it crosses the other; but a driveway leading to or from private grounds shall not be interpreted to be a highway.
15. "Jitney" shall include any motor vehicle, not designated for the carrying of merchandise or freight, advertised or regularly used for carrying passengers for hire, but not operating over a fixed route, including motor vehicles operated for hire in connection with a livery business, but shall not include any such vehicle that the owner thereof uses in an emergency for such purpose, nor one that an employer uses to transport his or her employees to and from their work, nor one that is used at least 75 percent of the time in the transportation of schoolchildren or under authority granted to a school board under 16 V.S.A. § 563 to transport other than schoolchildren, nor one that is used in the transfer of U.S. mail on a star route, so-called, nor one that is used to transport elders or persons who have a disability for whom special transportation programs are designed and funded by State and federal authority through public and private nonprofit social service agencies; nor shall it apply to cooperative use transportation.
16. "Junior operator" shall include only such persons as are 16 and 17 years of age.
17. "Motor bus" shall include any motor vehicle with a seating capacity of more than seven persons, other than a street car, operated upon the public streets and highways along a regular route, and in such operation receiving, discharging, and transporting passengers for hire. However, "motor bus" shall not be construed to include transportation service the route and destination of which are under the direction and subject to the control of the passengers so transported or to include cooperative-use transportation.
18. 1. "Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, and includes autocycles but excludes motor-driven cycles, motor-assisted bicycles, electric bicycles, golf carts, track driven vehicles, tractors, and electric personal assistive mobility devices. (18) (A) "Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, and includes autocycles but excludes motor-driven cycles, motor-assisted bicycles, electric bicycles, golf carts, track driven vehicles, tractors, and electric personal assistive mobility devices.
    2. "Autocycle" means a three-wheeled motorcycle:
       1. in which the occupants sit with their legs forward;
       2. designed to be controlled with a steering wheel and pedals; and
       3. equipped with safety belts for all occupants.
    3. "Fully enclosed autocycle" means an autocycle equipped with a windshield and that has full top and side enclosures capable of supporting the vehicle's weight and protecting the occupants when the vehicle is resting on the enclosures.
19. "Motorized highway building equipment" shall include all bulldozers, rollers, scrapers, graders, spreaders, pavers, bituminous mixers, compressors, power shovels, excavators, dumpsters, concrete mixers, bucket loaders, snow loaders, rooters, and scarifiers, except road oilers and bituminous distributors, which contain as an integral part thereof and within the same unit facilities for generating motor power for propelling the same and while being used exclusively for the building, repair, or maintenance of highways, or being transported or moved from job to job in connection with the building, repair, or maintenance of highways; or, for purposes of registration only, if owned and operated by a municipality, while being used exclusively for municipal purposes; however, the town road commissioner, or comparable municipal officer, shall report annually to the legislative body of the municipality that the equipment is in good repair; tractors used exclusively as a power unit in drawing road making appliances or in the transportation of same or of such tractor from job to job in connection with the building, repair, or maintenance of highways.
20. "Motor truck" means any motor vehicle designed primarily for the transportation of property and shall be construed to include truck tractor-semitrailer and truck tractor-semitrailer-trailer combinations.
21. "Motor vehicle" includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices.
22. "Specialized fuel driven motor vehicle" shall include all motor vehicles, the power for which is generated otherwise than by gasoline or by diesel "fuel" as defined in section 3002 of this title, excluding steam road rollers, tractors used entirely for work on the farm, and vehicles running only upon rails or tracks.
23. "Nonresident" shall include any person who does not come under the definition of a resident.
24. "Operate," "operating," or "operated" as applied to motor vehicles shall include "drive," "driving," and "driven" and shall also include an attempt to operate and shall be construed to cover all matters and things connected with the presence and use of motor vehicles on the highway, whether they be in motion or at rest.
25. "Operator" shall include all persons 18 years of age or over properly licensed to operate motor vehicles.
26. "Owner" shall include any person, corporation, co-partnership, or association holding legal title to a motor vehicle or having exclusive right to the use or control thereof for a period of 30 days or more.
27. "Person" includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals.
28. "Pleasure car" shall include all motor vehicles not otherwise defined in this title.
29. [Repealed.]
30. 1. "Resident," as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. Any foreign partnership, firm, association, or corporation having a place of business in this State shall be deemed to be a resident as to all vehicles owned or leased and that are garaged or maintained in this State. (30) (A) "Resident," as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. Any foreign partnership, firm, association, or corporation having a place of business in this State shall be deemed to be a resident as to all vehicles owned or leased and that are garaged or maintained in this State.
    2. Without limiting the class of nonresidents under the provisions of this subdivision, persons who live in the State for a particular purpose involving a defined period of time, including students, migrant workers employed in seasonal occupations, and persons employed under a contract with a fixed term, are not residents for purposes of this title only.
31. "Road making appliances" shall mean all bulldozers, rollers, scrapers, graders, spreaders, pavers, retreading machines, compressors, power shovels, excavators, rock crushers, concrete mixers, snow loaders, bucket loaders, rooters, portable electric generators, pavement heaters, sweepers, steam boilers, traffic control boards, screening plants, asphalt reclaimers, and scarifiers designed to be and while being drawn by a separate motorized power unit and while being used exclusively for building, repair, or maintenance of roads or highways or while being transported from job to job in connection with the building, repair, or maintenance of roads or highways, except contractor's trailers.
32. "Roadway" is that portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of the shoulder.
33. "Safety glass" shall mean any product composed of safety glazing materials so manufactured, fabricated, or treated as substantially to prevent shattering and flying when struck or broken.
34. 1. "School bus" means any motor vehicle used to transport children to or from school or in connection with school activities, except: (34) (A) "School bus" means any motor vehicle used to transport children to or from school or in connection with school activities, except:
       1. Buses operated by common carriers who incidentally accept school children as passengers.
       2. Private motor vehicles used to carry members of the owner's household. As used in this section, "private motor vehicle” means a vehicle neither owned nor leased by a public school or an approved independent school.
       3. Private motor vehicles used to transport children without compensation. For the purposes of this section, "compensation” means payment in any form except reimbursement for mileage or the normal salary paid to a person otherwise employed by the school.
       4. Motor vehicles with a manufacturer's rated seating capacity of fewer than 11 persons, including the operator, which are owned, leased, or hired by a school, or for which services are reimbursed by a school. However, if used to transport students, these shall be considered a Type II school bus for purposes of licensure, shall display an identification sign as prescribed in subdivision 1283(a)(1) of this title, and shall be equipped with a simple system of at least two red alternating warning lights unless the driver is a school employee or a volunteer subject to a criminal background check and is transporting no more than five persons excluding the operator, provided that the vehicle has safety belts for all persons being transported.
       5. Motor coaches provided with a driver to a school on a single-trip or multi-trip contract basis to provide transportation to or from, or to and from, athletic or other special events. A motor coach is a vehicle at least 35 feet in length with a manufacturer's rated seating capacity of more than 30 passengers and is designed for long distance transportation of passengers, characterized by integral construction with an elevated passenger deck located over a baggage compartment. Pursuant to 16 V.S.A. § 255 , a superintendent or headmaster shall request criminal record information for a driver of a motor coach if the driver may be in unsupervised contact with schoolchildren.
       6. Multifunction school activity buses, as defined in section 1287 of this title, provided with a driver to a school on a single-trip or multi-trip contract basis to provide transportation to or from, or to and from, athletic or other special events. Pursuant to 16 V.S.A. § 255 , a superintendent or headmaster shall request criminal record information for a driver of a multifunction school activity bus if the driver may be in unsupervised contact with schoolchildren.
       7. Other multifunction school activity buses as defined in section 1287 of this title.
    2. "Type I school bus" means a school bus with a manufacturer's rated seating capacity of more than 15 passengers, including the operator.
    3. "Type II school bus" means a school bus with a manufacturer's rated seating capacity of more than 10 and fewer than 16 passengers, including the operator.
    4. -(F) [Repealed.]
35. "Sidewalk" is that portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.
36. "Single axle load" is the total load transmitted to the highway by all wheels whose centers may be included within two parallel transverse vertical planes less than 48 inches apart, extending across the full width of the vehicle.
37. "Standard equipment" and "properly equipped" as applied to a motor vehicle shall include adequate tires, head lamps, tail lamps, lenses, reflectors, brakes, muffler, rear view mirror, windshield wiper, horns, windshield, number plate brackets, and only such motor fuel tank or tanks as are regularly installed by the manufacturer. "Standard equipment" and "properly equipped," as applied to motor vehicles designated by the manufacturer as 1964 or later models, shall also include safety seat belts or harnesses installed in the left and right front seats of pleasure cars and windshield defroster on pleasure cars, motor trucks, and motor buses, both to be of a type approved by the Commissioner of Motor Vehicles.
38. "Tandem axle load" is the total load transmitted to the highway by all wheels whose centers may be included between two parallel transverse vertical planes not less than 48 inches apart and not more than eight feet apart, extending across the full width of the vehicle. A trunnion axle, with eight wheels in line, shall be considered to be a tandem axle, except that when operated upon portions of the highways that are designated as the Dwight D. Eisenhower National System of Interstate and Defense Highways it shall be considered a single axle.
39. "Tractor" shall include a motor vehicle designed or used primarily as a traveling power plant or for drawing other vehicles, and not so constructed as to carry any load other than a part of the weight of the vehicles and load so drawn, excepting, however, motorized highway building equipment.
40. "Trailer" is a vehicle without motive power designed to be drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle excepting, however, road making appliances and transportation dollies, and "semi-trailer" is a vehicle without motive power, designed to be drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle, excepting, however, pole dinkeys, transportation dollies, and road making appliances.
41. "Trailer coach" shall mean any trailer or semi-trailer designed to be towed by a motor vehicle and designed, equipped, or used for sleeping, eating, or living quarters.
42. 1. "Transporter" means: (42) (A) "Transporter" means:
       1. a person engaged in the business of delivering vehicles of a type required to be registered from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer;
       2. a person regularly engaged in the business of towing trailer coaches, owned by them or temporarily in their custody, on their own wheels over public highways, or towing office trailers owned by them or temporarily in their custody, on their own wheels over public highways;
       3. a person regularly engaged and properly licensed for the short-term rental of "storage trailers" owned by them and who move these storage trailers on their own wheels over public highways;
       4. a person regularly engaged in the business of moving modular homes over public highways;
       5. dealers, owners of motor vehicle auction sites, and automobile repair shop owners when engaged in the transportation of motor vehicles to and from their place of business for repair purposes;
       6. the following, provided that the transportation and delivery of motor vehicles is a common and usual incident to their business:
          1. persons towing overwidth trailers owned by them in connection with their business;
          2. persons whose business is the repossession of motor vehicles; and
          3. persons whose business involves moving vehicles from the place of business of a registered dealer to another registered dealer, or between a motor vehicle auction site and a registered dealer or another motor vehicle auction site, leased vehicles to the lessor at the expiration of the lease, or vehicles purchased at the place of auction of an auction dealer to the purchaser.
    2. As used in this subdivision (42):
       1. "Short-term rental" means a period of less than one year.
       2. "Repossession" includes the transport of a repossessed vehicle to a location specified by the lienholder or owner at whose direction the vehicle was repossessed.
43. "Truck crane" shall mean a motor truck equipped with a permanently mounted hoisting apparatus, winch, or derrick, designed for the moving of objects, with no provision for carrying a load on the body of such truck crane except equipment used for the operation of a hoisting apparatus, winch, or derrick.
44. "Moving violation" means any violation of any provision of this title, while the motor vehicle is being operated on a public highway, over which operation the operator has discretion as to commission of the act, except for offenses pertaining to:
    1. a parked vehicle, equipment, size, weight, inspection, or registration of the vehicle;
    2. child restraint or safety belt systems or seat belts as required in section 1258 or 1259 of this title; or
    3. motorcycle headgear under section 1256 of this title.
45. 1. "Motor-driven cycle" means any vehicle equipped with two or three wheels, a power source providing up to a maximum of two brake horsepower and having a maximum piston or rotor displacement of 50 cubic centimeters if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed 30 miles per hour on a level road surface, and that is equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. As motor vehicles, motor-driven cycles shall be subject to the purchase and use tax imposed under 32 V.S.A. chapter 219 rather than to a general sales tax. Electric personal assistive mobility devices, motor-assisted bicycles, and electric bicycles are not motor-driven cycles. (45) (A) "Motor-driven cycle" means any vehicle equipped with two or three wheels, a power source providing up to a maximum of two brake horsepower and having a maximum piston or rotor displacement of 50 cubic centimeters if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed 30 miles per hour on a level road surface, and that is equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. As motor vehicles, motor-driven cycles shall be subject to the purchase and use tax imposed under 32 V.S.A. chapter 219 rather than to a general sales tax. Electric personal assistive mobility devices, motor-assisted bicycles, and electric bicycles are not motor-driven cycles.
    2. 1. "Motor-assisted bicycle" means any bicycle or tricycle with fully operable pedals and equipped with a motor that in itself is capable of producing a top speed of not more than 20 miles per hour on a paved level surface when ridden by an operator who weighs 170 pounds and either: (B) (i) "Motor-assisted bicycle" means any bicycle or tricycle with fully operable pedals and equipped with a motor that in itself is capable of producing a top speed of not more than 20 miles per hour on a paved level surface when ridden by an operator who weighs 170 pounds and either:
          1. has an internal combustion motor with a power output of not more than 1,000 watts or 1.3 horsepower; or
          2. has an electric motor with a power output of not more than 1,000 watts and does not meet the requirements of one of the three classes in subdivisions (46)(A)(i)-(iii) of this section.
       2. Motor-assisted bicycles shall be regulated in accordance with section 1136 of this title.
       3. Electric bicycles, as defined in subdivision (46) of this section, are not motor-assisted bicycles, as defined in subdivision (45) of this section.
46. 1. "Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts that meets the requirements of one of the following three classes: (46) (A) "Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts that meets the requirements of one of the following three classes:
    2. An electric bicycle is not a motor vehicle and is a vehicle to the same extent that a bicycle is a vehicle.
    3. Electric bicycles shall be regulated in accordance with section 1136a of this title.

    (i) "Class 1 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

47. "Cooperative use transportation" means the collective nonprofit use by two or more persons of privately owned vehicles when providing transportation is not the primary business of the owner of the vehicle or driver of the vehicle, or both, but is incidental to his or her livelihood. Cooperative use shall include shared driving and shared expense; employer-owned or leased vehicles, including buses, that are operated for employee commuting purposes; and commuter services organized and arranged by employee cooperatives, labor unions, credit unions, and neighborhood groups that are operated for the convenience of their members.
48. "License to operate a motor vehicle." Any operator's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this State, including:
    1. any temporary license or learner's permit;
    2. the privilege of any person to operate a motor vehicle whether or not such person holds a valid license;
    3. any nonresident's operating privilege.
49. "Revocation of a license" means the termination by formal action of the Commissioner of an individual's license or privilege to operate a motor vehicle on the public highways in which the license or privilege shall not be subject to renewal or restoration except upon an application for a new license presented to and acted upon by the Commissioner after the expiration of the applicable period of time prescribed in this title. The term also includes the refusal of the right of an unlicensed individual to apply for a license.
50. "Suspension of license" means the withdrawal by formal action of the Commissioner, for a specific period of time and until reinstatement by the Commissioner, of a person's license or privilege to operate a motor vehicle on the public highways.  The term also includes the refusal of the right of an unlicensed person to apply for a license.
51. "Single-axle tow dolly" is a vehicle towed by a self-propelled motor vehicle and designed and used exclusively to transport another self-propelled motor vehicle that shall not be required to be registered and upon which the front or rear wheels of the towed self-propelled motor vehicle are mounted while the other wheels of the towed self-propelled motor vehicle remain in contact with the ground. These vehicles shall not be subject to registration or titling nor shall they be treated as a separate vehicle when used in combination with another vehicle. They shall be subject to equipment safety requirements.
52. "Alcohol assessment screening" means an assessment of an individual's use of alcohol, which includes consideration of the results of any available tests relating to the individual's blood alcohol content, the individual's motor vehicle record, responses to an alcohol screening questionnaire approved by the Secretary of Human Services, personal interviews, and any other relevant information that is identified in any subsequent report.
53. "Truck tractor" shall include a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
54. "Transportation dolly" means a vehicle towed by a motor vehicle and designed and used exclusively in the transport of buildings that are not normally transported over the highway and whose dimensions or weight, or both, would require a permit subject to engineering inspection, which consists of sets of single or double axles with wheels set in such configurations underneath the building to be moved so as to distribute the weight of the load. This vehicle shall not be subject to registration and shall be exempt from titling and so treated whether used singly or in conjunction as one separate vehicle when used in combination with another vehicle. However, all moves shall be governed by the Commissioner's rules for oversize and overdimension moves.
55. "Unprocessed milk products" means raw milk transported in bulk when transported in a milk tank truck, semi-trailer, trailer, or combination thereof.
56. "Full or semi-flotation applicator vehicle" means a vehicle used for the application of lime, fertilizer, or agricultural chemicals.
57. "Month" means 30 days and "year" means 365 days.
58. "Privilege to operate" includes the privilege of a nonresident to operate a motor vehicle within the State and includes the privilege of a resident to obtain a license.
59. "Disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle.
60. "Conviction" means an unvacated final adjudication of guilt, or a final determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. Conviction shall also mean a plea of guilty or nolo contendere that has been accepted by the court.
61. "Storage trailer" means any regularly manufactured box type trailer that has been removed from normal over-the-highway service and is used solely for the storage of commodities at a fixed site for extended periods of time. When a storage trailer is moved over the public highways, it shall not contain cargo weighing more than 2,000 pounds and shall be properly equipped, in good mechanical condition, and inspectable under the provisions of section 1222 of this title, except that storage trailers need not display an inspection sticker.
62. "New motor vehicle" means a vehicle that is being registered or titled for the first time.
63. "Used motor vehicle" means a vehicle that previously has been registered or titled.
64. "Commercial fleet inspection station" shall mean a company or business that has been designated by the Commissioner as an official commercial fleet inspection station, provided it has 10 or more motor vehicles registered in the name of the company or business and meets all the requirements for designation as an official inspection station. Commercial fleet inspection stations shall be authorized to inspect only those vehicles registered to the company or business.
65. "Municipal fleet inspection station" shall mean a municipality that has been designated as an official municipal fleet inspection station, provided it has motor vehicles registered in the name of the municipality and meets all the requirements for designation as an official inspection station. Municipal fleet inspection stations shall be authorized to inspect only those vehicles registered to a municipality.
66. "Electric personal assistive mobility device" (EPAMD) means a self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 h.p.).
67. "Pedestrian" means any person afoot and shall also include any person 16 years of age or older operating an electric personal assistive mobility device. The age restriction of this subdivision shall not apply to a person who has an ambulatory disability as defined in section 304a of this title.
68. "Farm tractor" means a traveling power plant or a self-propelled device that functions as part of crop production, harvesting, feeding, or livestock management or is used for drawing a farm trailer as defined in subdivision (69) of this section. "Farm tractor" also means a self-propelled vehicle designed to perform single-purpose functions, such as land preparation, crop protection, or harvesting. The term "farm tractor" shall not include a "motor truck" as defined in subdivision (20) of this section.
69. "Farm trailer" means a vehicle or equipment designed and adapted exclusively for tilling, planting, harvesting, management, or for carrying inputs to or outputs from agricultural, horticultural, or livestock-raising operations, or farm equipment, without motive power, designed to be drawn by a motor vehicle, a farm truck, or a farm tractor, and, in any case, not subject to registration if used upon the highway.
70. "Agricultural custom service vehicle" means a motor truck used on a farm for planting, harvesting, or transporting crops or waste products produced on the farm that is owned by a person providing custom services who is not a farmer as defined in 32 V.S.A. § 3752(7) . In order to qualify as an "agricultural custom service vehicle," a motor truck shall be registered under either subsection 367(a) or (f) of this title and shall be exempt from sections 1400 and 1400a of this title if the gross weight does not exceed 60,000 pounds. The operator of an agricultural custom service vehicle shall be exempt from the requirements of chapter 39 of this title, to the extent allowed by federal law.
71. "Agricultural service vehicle" means a motor truck that shall be registered under subsection 367(a) of this title and is used for the purpose of transporting to or from a farm:
    1. agricultural inputs, including lime, fertilizer, commercial feed, or forages; or
    2. agricultural outputs, including milk, vegetables, fruit, horticultural crops, forages, or livestock.
72. "Farm truck" means a motor truck that, at the option of the owner, may be registered under the provisions of subsection 367(f) of this title or may be unregistered when used in accordance with subsection 370(b) of this title.
73. "Neighborhood electric vehicle" means a self-propelled electrically powered motor vehicle that:
    1. is emission free;
    2. is designed to carry four or fewer persons;
    3. is designed to be, and is, operated at speeds of 25 miles per hour or less;
    4. has at least four wheels in contact with the ground;
    5. has a gross vehicle weight rating less than 3,000 pounds; and
    6. conforms to the minimum safety equipment requirements as adopted in Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles, 49 C.F.R. § 571.500.
74. "Category I special purpose vehicle" means a vehicle that is used exclusively as a back hoe, bucket loader, grader, truck shovel (wheeled excavator), street sweeper, or forklift truck.
75. "Category II special purpose vehicle" means a vehicle that is used exclusively as a truck crane, wrecker, concrete form truck, concrete pumper truck, bituminous distributor, calcium chloride distributor, full or semi-flotation applicator, well driller tender truck (these vehicles may tow a pickup truck), permanently mounted well drilling machine, road oiler, water tanker used for dust control, or a truck used to transport a building by use of a "transportation dolly" as defined in subdivision 4(54) of this title.
76. "Wrecker" shall mean a motor truck equipped with a permanently mounted hoisting apparatus, winch, or derrick, designed for moving and towing motor vehicles, with no provision for carrying a load on the body of the truck except motor vehicles, parts and equipment used for the repair of motor vehicles, and equipment used for the operation of a hoisting apparatus, winch, or derrick.
77. "Stiff hitch" shall mean a tow bar used by a self-propelled motor vehicle to tow another self-propelled motor vehicle while all the wheels of the towed vehicle remain in contact with the ground. The towed vehicle shall not be required to be registered.
78. "Enhanced license" means an operator's license, commercial driver's license, junior operator's license, or nondriver identification card that denotes identity and citizenship and includes facilitative technology identified by the Department of Homeland Security.
79. "Personal radio frequency identification number chip" shall mean the number assigned to the transmitting chip in an enhanced license.
80. An "all-surface vehicle" or "ASV" means any non-highway recreational vehicle, except a snowmobile, when used for cross-country travel on trails or on any one of the following or combination of the following: land, water, snow, ice, marsh, swampland, and natural terrain. An all-surface vehicle shall be designed for use both on land and in water, with or without tracks, shall be capable of flotation and shall be equipped with a skid-steering system, a sealed body, a fully contained cooling system, and six or eight tires designed to be inflated with an operating pressure not exceeding 10 pounds per square inch as recommended by the manufacturer. An all-surface vehicle shall have a net weight of 1,500 pounds or less, shall have a width of 75 inches or less, shall be equipped with an engine of not more than 50 horsepower, and shall have a maximum speed of not more than 25 miles per hour. An ASV when operated in water shall be considered to be a motorboat and shall be subject to the provisions of chapter 29, subchapter 2 of this title. An ASV operated anywhere except in water shall be subject to the provisions of chapter 31 of this title.
81. "Vulnerable user" means a pedestrian; an operator of highway building, repair, or maintenance equipment or of agricultural equipment; a person operating a wheelchair or other personal mobility device, whether motorized or not; a person operating a bicycle or other nonmotorized means of transportation (such as roller skates, rollerblades, or roller skis); a person operating a motor-assisted bicycle or an electric bicycle; or a person riding, driving, or herding an animal.
82. "Portable electronic device" means a portable electronic or computing device, including a cellular telephone, personal digital assistant (PDA), or laptop computer. "Portable electronic device" does not include a two-way or Citizens Band radio, or equipment used by a licensed Amateur Radio operator in accordance with 47 C.F.R. Part 97.
83. "Business day" or "working day" means any calendar day except Saturday, Sunday, or any day classified as a holiday under 1 V.S.A. § 371 .
84. "Serious bodily injury" has the meaning set forth in 13 V.S.A. § 1021 .
85. "Plug-in electric vehicle" means a motor vehicle that can be powered by an electric motor drawing current from a rechargeable energy storage system, such as from storage batteries or other portable electrical energy storage devices, provided that the vehicle can draw recharge energy from a source off the vehicle such as electric vehicle supply equipment. A "plug-in electric vehicle" includes both a "battery electric vehicle" and a "plug-in hybrid electric vehicle" where:
    1. "battery electric vehicle" means a motor vehicle that can only be powered by an electric motor drawing current from a rechargeable energy storage system; and
    2. "plug-in hybrid electric vehicle" means a motor vehicle that can be powered by an electric motor drawing current from a rechargeable energy storage system but also has an onboard combustion engine.
86. "On-track equipment" means any car, locomotive, rolling stock, equipment, or other device that, alone or coupled, is operated on stationary rails.

    Amended 1961, No. 137 , § 1; 1963, No. 32 ; 1963, No. 54 ; 1963, No. 90 , § 1; 1963, No. 206 , § 1; 1963, No. 223 , § 2; 1964, No. 19 (Sp. Sess.), § 1, eff. March 9, 1964; 1965, No. 91 ; 1965, No. 106 , § 1, eff. Feb. 1, 1966; 1965, No. 119 , eff. Sept. 1, 1965; 1965, No. 120 , § 2; 1965, No. 204 , § 1; 1966, No. 40 (Sp. Sess.), §§ 1-4, eff. March 11, 1966; 1967, No. 252 (Adj. Sess.), § 1; 1967, No. 341 (Adj. Sess.), § 12; 1969, No. 258 (Adj. Sess.), § 1, eff. May 1, 1970; 1969, No. 259 (Adj. Sess.), §§ 1, 12; 1971, No. 14 , § 6, eff. March 11, 1971; 1971, No. 258 (Adj. Sess.), § 4, eff. March 1, 1973; 1973, No. 25 , § 1, eff. March 15, 1973; 1975, No. 71 , § 1, eff. April 17, 1975; 1975, No. 135 (Adj. Sess.), § 1, eff. Feb. 17, 1976; 1975, No. 149 (Adj. Sess.), § 1; 1975, No. 192 (Adj. Sess.), § 1; 1975, No. 214 (Adj. Sess.); 1975, No. 234 (Adj. Sess.), § 2; 1977, No. 20 , §§ 1, 8; 1977, No. 102 , §§ 2, 3, eff. Sept. 1, 1977; 1977, No. 193 (Adj. Sess.), eff. April 5, 1978; 1977, No. 249 (Adj. Sess.), §§ 1, 6, eff. April 19, 1978; 1979, No. 19 , eff. April 6, 1979; 1979, No. 46 , §§ 6, 7, eff. April 26, 1979; 1979, No. 125 (Adj. Sess.), §§ 1, 3, eff. April 15, 1980; 1979, No. 129 (Adj. Sess.), §§ 1, 2, eff. April 18, 1980; 1983, No. 6 , eff. Feb. 23, 1983; 1983, No. 96 (Adj. Sess.), § 1; 1983, No. 102 (Adj. Sess.), §§ 1, 4, 5; 1983, No. 108 (Adj. Sess.); 1983, No. 134 (Adj. Sess.), § 2; 1983, No. 212 (Adj. Sess.), § 1; 1985, No. 12 , § 1; 1985, No. 85 , § 1; 1985, No. 104 (Adj. Sess.); 1985, No. 12 4 (Adj. Sess.), §§ 7, 9, eff. April 18, 1986; 1985, No. 239 (Adj. Sess.), §§ 1, 2; 1987, No. 11 ; 1987, No. 18 ; 1987, No. 62 , § 2; 1987, No. 145 (Adj. Sess.), § 1, eff. May 13, 1988; 1987, No. 190 (Adj. Sess.), § 1; 1987, No. 209 (Adj. Sess.), § 5; 1989, No. 51 , § 7; 1989, No. 127 (Adj. Sess.), § 1, eff. March 15, 1990; 1989, No. 179 (Adj. Sess.), § 7, eff. May 14, 1990; 1989, No. 204 (Adj. Sess.), § 1; 1989, No. 239 (Adj. Sess.), § 2; 1991, No. 72 , § 1; 1991, No. 88 , § 1; 1991, 1991, No. 143 (Adj. Sess.); 1991, No. 165 (Adj. Sess.), § 1; 1993, No. 18 , § 2, eff. Jan. 1, 1994; 1993, No. 64 , §§ 1, 2; 1993, No. 212 (Adj. Sess.), §§ 1, 2, 4; 1995, No. 112 (Adj. Sess.), § 1; 1997, No. 32 , § 1; 1997, No. 50 , § 44, eff. June 26, 1997; 1997, No. 55 , § 1, eff. June 26, 1997; 1999, No. 18 , § 41i, eff. May 13, 1999; 1999, No. 31 , § 1, eff. May 19, 1999; § 2, eff. July 1, 1999; 1999, No. 34 , § 6; 1999, No. 110 (Adj. Sess.), §§ 1, 1a, 2; 1999, No. 148 (Adj. Sess.), § 49, eff. May 24, 2000; 2001, No. 38 , § 2; 2001, No. 91 (Adj. Sess.), §§ 1-4; 2001, No. 139 (Adj. Sess.), § 2; 2003, No. 8 , § 1; 2003, No. 56 , § 69, eff. June 4, 2003; 2003, No. 66 , § 217b; 2003, No. 109 (Adj. Sess.), § 8; 2005, No. 29 , § 1; 2005, No. 175 (Adj. Sess.), § 40; 2005, No. 188 (Adj. Sess.), § 1; 2007, No. 20 , §§ 1, 2; 2007, No. 61 , § 1; 2007, No. 75 , § 32; 2007, No. 153 (Adj. Sess.), § 37; 2007, No. 164 (Adj. Sess.), § 49; 2007, No. 184 (Adj. Sess.), §§ 1, 2; 2007, No. 188 (Adj. Sess.), § 1; 2009, No. 114 (Adj. Sess.), § 1; 2009, No. 150 (Adj. Sess.), § 1, eff. June 1, 2010; 2009, No. 152 (Adj. Sess.), § 19a, eff. Sept. 1, 2010; 2011, No. 17 , § 2, eff. May 11, 2011; 2011, No. 17 , § 4, eff. July 1, 2013; 2013, No. 57 , §§ 1, 2, 3; 2013, No. 57 , § 25, eff. Jan. 1, 2014; 2013, No. 64 , § 7; 2013, No. 96 (Adj. Sess.), § 141; 2013, No. 189 (Adj. Sess.), §§ 12, 34; 2013, No. 189 (Adj. Sess.), § 39, eff. Oct. 1, 2014; 2015, No. 47 , §§ 1, 2; 2015, No. 50 , § 1; 2015, No. 147 (Adj. Sess.), § 18; 2015, No. 153 (Adj. Sess.), § 37; 2015, No. 158 (Adj. Sess.), §§ 54, 56; 2017, No. 113 (Adj. Sess.), § 151; 2017, No. 132 (Adj. Sess.), § 6; 2019, No. 59 , § 29, eff. June 14, 2019; 2019, No. 121 (Adj. Sess.), § 13; 2019, No. 131 (Adj. Sess.), §§ 130, 131, 132, 133; 2019, No. 149 (Adj. Sess.), § 37; 2021, No. 20 , §§ 223, 224, 225, 226; 2021, No. 40 , §§ 1, 2, 3, 4, 5.

§ 5. Repealed. 2003, No. 61, § 4.

§ 6. Vehicle registration renewal by municipal clerks.

By written agreement, the Commissioner may authorize any municipal clerk to renew vehicle, snowmobile, or motorboat registrations upon receipt of a completed application and the required fees which shall be forwarded to the Commissioner immediately. A clerk may assess, collect, and retain an additional $3.00 administration fee for each renewal issued.

Added 1995, No. 120 (Adj. Sess.), § 2, eff. April 25, 1996; amended 1997, No. 55 , § 2, eff. June 26, 1997; 2001, No. 102 (Adj. Sess.), § 2a, eff. May 15, 2002.

§ 7. Enhanced driver's license; maintenance of database information; fee.

1. The face of an enhanced license shall contain the individual's name, date of birth, gender, a unique identification number, full facial photograph or imaged likeness, address, signature, issuance and expiration dates, citizenship, and, if applicable, a veteran designation. The back of the enhanced license shall have a machine-readable zone. A Gen 2 vicinity Radio Frequency Identification chip shall be embedded in the enhanced license in compliance with the security standards of the U.S. Department of Homeland Security. Any additional personal identity information not currently required by the Department of Homeland Security shall need the approval of either the General Assembly or the Legislative Committee on Administrative Rules prior to the implementation of the requirements.
2. In addition to any other requirement of law or rule, before an enhanced license may be issued to a person, the person shall present for inspection and copying satisfactory documentary evidence to determine identity and U.S. citizenship. An application shall be accompanied by: a photo identity document, documentation showing the person's date and place of birth, proof of the person's Social Security number, and documentation showing the person's principal residence address. New and renewal application forms shall include a space for the applicant to request that a "veteran" designation be placed on the enhanced license. If a veteran, as defined in 38 U.S.C. § 101(2), requests a veteran designation and provides a Department of Defense Form 214 or other proof of veteran status specified by the Commissioner, and the Office of Veterans Affairs confirms his or her status as an honorably discharged veteran or a veteran discharged under honorable conditions, the identification card shall include the term "veteran" on its face. To be issued, an enhanced license must meet the same requirements as those for the issuance of a U.S. passport. Before an application may be processed, the documents and information shall be verified as determined by the Commissioner. Any additional personal identity information not currently required by the U.S. Department of Homeland Security shall need the approval of either the General Assembly or the Legislative Committee on Administrative Rules prior to the implementation of the requirements.
3. No person shall compile or maintain a database of electronically readable information derived from an operator's license, junior operator's license, enhanced license, learner permit, or nondriver identification card. This prohibition shall not apply to a person who accesses, uses, compiles, or maintains a database of the information for law enforcement or governmental purposes or for the prevention of fraud or abuse or other criminal conduct.
4. The fee for an enhanced license shall be $30.00 in addition to the fees otherwise established by this title.
5. [Repealed.]

   Added 2007, No. 153 (Adj. Sess.), § 39; amended 2007, No. 188 (Adj. Sess.), § 3; 2013, No. 57 , § 16; 2015, No. 159 (Adj. Sess.), § 5.

§ 8. Personal radio frequency identification chip number protection.

Personal radio frequency identification chip numbers shall be given protections as codified in the Driver's Privacy Protection Act, 18 U.S.C. chapter 123, as of January 1, 2008, not including any subsequent amendments.

Added 2007, No. 188 (Adj. Sess.), § 4; amended 2019, No. 131 (Adj. Sess.), § 134.

§ 101. Commissioner.

The Department of Motor Vehicles is created and established, and the head of the Department shall be a Commissioner of Motor Vehicles.

Amended 1989, No. 127 (Adj. Sess.), § 2, eff. March 15, 1990.

§ 102. Duties of Commissioner.

1. The Commissioner shall:
   1. register motor vehicles and dealers;
   2. license operators;
   3. file reports received concerning crashes involving motor vehicles;
   4. prepare full statistics from and preserve, properly filed and indexed, such registrations, operator licenses, and crash reports for three years after their dates;
   5. file and record reports received of convictions and adjudications of persons violating motor vehicle laws;
   6. keep a record of the suspension and revocation of licenses and registrations;
   7. prepare full statistics from and preserve, properly filed and indexed, such records of convictions, suspensions, and revocations for at least six years after their dates;
   8. issue certificates of title for motor vehicles;
   9. issue nondriver identification cards; and
   10. maintain commercial driver records and driver identification data in accordance with the provisions of 49 C.F.R § 384.231(d).
2. The records enumerated in subsection (a) of this section shall be deemed official records.
3. [Repealed.]
4. The Commissioner may authorize background investigations for potential employees, which may include criminal, traffic, and financial records checks; provided, however, that the potential employee is notified and has the right to withdraw his or her name from application. Additionally, employees who are involved in the manufacturing or production of operator's licenses and identification cards, including enhanced licenses, or who have the ability to affect the identity information that appears on a license or identification card, or current employees who will be assigned to such positions, shall be subject to appropriate background checks and shall be provided notice of the background check and the contents of that check. These background checks shall include a name-based and fingerprint-based criminal history records check using at a minimum the Federal Bureau of Investigation's National Crime Information Center and the Integrated Automated Fingerprint Identification database and State repository records on each covered employee. Employees may be subject to further appropriate security clearances if required by federal law, including background investigations that may include criminal and traffic records checks and providing proof of U.S. citizenship. The Commissioner may, in connection with a formal disciplinary investigation, authorize a criminal or traffic record background investigation of a current employee; provided, however, that the background review is relevant to the issue under disciplinary investigation. Information acquired through the investigation shall be provided to the Commissioner or designated division director and must be maintained in a secure manner. If the information acquired is used as a basis for any disciplinary action, it must be given to the employee during any pretermination hearing or contractual grievance hearing to allow the employee an opportunity to respond to or dispute the information. If no disciplinary action is taken against the employee, the information acquired through the background check shall be destroyed.

   Amended 1969, No. 259 (Adj. Sess.), § 2; 1969, No. 297 (Adj. Sess.), § 6, eff. Sept. 1, 1971; 1977, No. 174 (Adj. Sess.), § 1, eff. March 31, 1978; 1979, No. 187 (Adj. Sess.), § 5; 1997, No. 55 , § 3, eff. June 26, 1997; 2003, No. 160 (Adj. Sess.), § 37, eff. June 9, 2004; 2007, No. 153 (Adj. Sess.), § 38; 2007, No. 188 (Adj. Sess.), § 2; 2009, No. 152 (Adj. Sess.), § 9; 2011, No. 46 , § 19; 2013, No. 20 , § 2; 2019, No. 131 (Adj. Sess.), § 135.

§ 103. Appointment of officials and inspectors.

With the approval of the Governor, the Commissioner of Motor Vehicles may appoint and employ inspectors who shall devote their entire time to the duties of their appointment while so employed. In addition, the Commissioner shall appoint the Deputy Commissioner of Motor Vehicles, the Director of the Gasoline Tax Division, and examiners of new operators, including regular office employees whose duties require such appointment and who shall have the authority of inspectors. With the approval of the Governor, at the expense of the State, the Commissioner may furnish suitable uniforms for a part of or all the inspectors provided for in this section.

§ 104. Public records.

1. Any information contained in Department records is subject to and shall be released pursuant to the Driver's Privacy Protection Act, 18 U.S.C. chapter 123 as amended.
2. Notwithstanding any other provision of law to the contrary, except for requests from government agencies or persons acting on behalf of government agencies, the Commissioner shall not furnish to any person copies of photographs or imaged likenesses of persons to whom licenses, permits, or nondriver identification cards have been issued without the written consent of the person depicted in the photograph or imaged likeness.
3. If there is a request by any governmental agency for the entire database or the substantial database of any class of documents containing a photograph or imaged likeness of a person or any class of documents containing any other personal information, the Department of Motor Vehicles shall notify the Speaker of the House, the President Pro Tempore of the Senate, and the Attorney General.
4. Any photographs or imaged likenesses furnished to an authorized recipient shall not be made available or redisclosed to any succeeding person or entity, except for use by a law enforcement agency, a court or tribunal, a State's Attorney, the Office of the Attorney General, or the U.S. Attorney's Office for the District of Vermont in carrying out its official business or in response to any court order. The Commissioner shall so condition any release of the information and require that the recipient subject itself to the jurisdiction of the Washington Superior Court in the event that the condition is violated.
5. A person who violates subsection (b), (c), or (d) of this section shall be subject to a civil penalty of up to $10,000.00 per occurrence. A civil action to assess a civil penalty may, in the discretion of the Attorney General, be commenced by the Attorney General in Washington Superior Court.

   Amended 1969, No. 259 (Adj. Sess.), § 3; 1977, No. 174 (Adj. Sess.), § 2, eff. March 31, 1978; 1979, No. 187 (Adj. Sess.), § 1; 1983, No. 212 (Adj. Sess.), § 9; 1983, No. 252 (Adj. Sess.), § 4; 1985, No. 85 , § 2; 1987, No. 112 , § 4; 1989, 1987, No. 127 (Adj. Sess.), § 3, eff. March 15, 1990; 1991, No. 165 (Adj. Sess.), § 2; 2001, No. 75 (Adj. Sess.), § 1; 2003, No. 154 (Adj. Sess.), § 1; 2019, No. 60 , § 1; 2019, No. 131 (Adj. Sess.), § 136.

§ 105. Hearing before Commissioner.

1. In the administration of the laws relating to motor vehicles and to the operators and the operation of motor vehicles, the Commissioner may conduct hearings, subpoena witnesses, administer oaths, and take testimony. He or she may also cause depositions to be taken and order the production of books, papers, and records relating to the matter under investigation. The fees for travel and attendance of witnesses and fees for officers shall be the same as for witnesses and officers before a court and shall be paid by the State upon presentation of proper bills of cost to the Commissioner of Finance and Management. The fees of witnesses summoned or used by the petitioner shall be paid by him or her. The Commissioner may appoint a hearing examiner to conduct hearings. At all hearings, conducted by either the Commissioner or a hearing examiner, an oath shall be administered.
2. A person aggrieved by the decision of a hearing under subsection (a) of this section may have such decision reviewed by the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure unless otherwise specifically provided by law.
3. If a presuspension or prerevocation hearing is available by law, the written notice of suspension or revocation shall so state. Unless otherwise specifically provided by statute, a written request for a hearing must be received at the Department of Motor Vehicles within 15 days after the date of the notice or the right to a hearing is deemed to be waived.

   Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1977, No. 260 (Adj. Sess.), § 1, eff. April 19, 1978; 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 165 (Adj. Sess.), § 3; 1993, No. 212 (Adj. Sess.), § 5; 1999, No. 34 , § 3; 2009, No. 154 (Adj. Sess.), § 238.

§ 106. Procedure upon hearings.

The Commissioner shall determine the rules and procedure under which such hearings shall be held. On request of the Commissioner, the State's Attorney of the county where such hearing is to be held shall attend and represent the State.

§ 107. Notice of hearings.

Notice of a hearing held by the Commissioner or the hearing officer under the provisions of sections 105 and 106 of this title shall state the place, day, and hour thereof, and warn the petitioner that he or she may then appear through himself, herself, or counsel. Service of such notice shall be sufficient if sent by first-class mail to the address given by the petitioner at least five days before the day set for the hearing.

Amended 1977, No. 260 (Adj. Sess.), § 2, eff. April 19, 1978; amended 1997, No. 55 , § 4, eff. June 26, 1997.

§ 108. Application forms.

The Commissioner shall prepare and furnish all forms for applications, crash reports, conviction reports, a pamphlet containing the full text of the motor vehicle laws of the State, and all other forms needed in the proper conduct of his or her office. He or she shall furnish an adequate supply of such registration forms, license applications, and motor vehicle laws each year to each town clerk, and to such other persons as may so request.

§ 109. Lists of suspensions.

1. [Repealed.]
2. Notwithstanding 1 V.S.A. chapter 5, subchapter 3, a list of all persons whose operating license, nonresident operating privileges, or privilege of an unlicensed operator to operate a vehicle is suspended or revoked in this State shall be available on request in such form as the Commissioner may determine. The list shall be available in an electronic format for law enforcement officers with computer access through the Department of Public Safety.

   Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1969, No. 259 (Adj. Sess.), § 4; 1997, No. 117 (Adj. Sess.), § 6; 2015, No. 50 , § 28.

§ 110. Bad checks received for fees.

1. Whenever any check issued in payment of any fee or for any other purpose is tendered to the Department of Motor Vehicles and payment is not honored by the bank on which the check is drawn, the Commissioner shall send a written notice of its nonpayment to the maker or person presenting the check and if the check is not made good forthwith, he or she shall suspend the license or registration of the person or persons. In no case shall the license or registration be reinstated until settlement has been made in full. Settlement in full shall also include the payment of any penalties assessed by the State Treasurer.
2. The Commissioner may require payment for any transaction solely by certified check or in cash from persons whose licenses or registrations are under suspension pursuant to subsection (a) of this section or from persons who have repeatedly tendered checks to the Department that have not been honored by the bank on which drawn.
3. Any refund otherwise due from the Department to a person whose license or registration has been suspended pursuant to this section may be offset against the amount due the Commissioner under this section.

   Amended 1969, No. 276 (Adj. Sess.), § 1; 1971, No. 14 , § 7, eff. March 11, 1971; 1989, No. 84 , § 3; 1993, No. 27 , § 4; 1993, No. 186 (Adj. Sess.), § 13, eff. June 11, 1994; 2007, No. 19 , § 2.

§ 111. Emergency extension of time.

The Commissioner, with the approval of the Governor, may in an emergency extend the period for which any vehicle registration, operator's license, or vehicle certificate of periodic inspection is valid for periods not to exceed 30 days each.

Added 1973, No. 11 .

§ 112. Motor vehicle law book.

The pamphlet of the motor vehicle laws of the State, issued by the Commissioner of Motor Vehicles, may be furnished to interested parties for a fee of $30.00. The fee for any supplement shall be $15.00. This pamphlet shall be made available to all State law enforcement officers, upon request, at no charge.

Added 1977, No. 142 (Adj. Sess.), § 1, eff. March 27, 1978; amended 1989, No. 51 , § 8; 2001, No. 102 (Adj. Sess.), § 3, eff. May 15, 2002.

§ 113. Recall of defective vehicles; fee to manufacturers.

The Commissioner shall charge a fee, to be fixed by him or her at cost, to a person or company requesting listings to be furnished of motor vehicles to be recalled by a manufacturer or company.

Added 1977, No. 142 (Adj. Sess.), § 2, eff. March 27, 1978.

§ 114. Fees.

1. The Commissioner shall be paid the following fees for miscellaneous transactions:
   1. Listings of 1 through 4 registrations $8.00
   2. Certified copy of registration application $8.00
   3. Sample plates $18.00
   4. Lists of registered dealers, transporters,

      periodic inspection stations, fuel dealers,

      and distributors, including gallonage sold

      or delivered and rental vehicle companies $8.00 per page

   5. [Repealed.]
   6. Periodic inspection sticker record $8.00
   7. Certified copy individual crash report $12.00
   8. Certified copy police crash report $18.00
   9. Certified copy suspension notice $8.00
   10. Certified copy mail receipt $8.00
   11. Certified copy proof of mailing $8.00
   12. Certified copy reinstatement notice $8.00
   13. Certified copy operator's license application $8.00
   14. Certified copy three-year operating record $14.00
   15. [Repealed.]
   16. Government official photo identification card $6.00
   17. Listing of operator's licenses of 1 through 4 $8.00
   18. Statistics and research $42.00 per hour
   19. Insurance information on crash $8.00
   20. Certified copy complete operating record $20.00
   21. Records not otherwise specified $8.00 per page
   22. Public records request for Department $100.00

       records requiring custom per hour, but not

       computer programming less than $500.00

   23. Public records request for

       Department records requiring custom

       computer programming (updated) $119.00

2. The Commissioner shall furnish the items listed in subsection (a) of this section upon a request that completely identifies the information sought or pursuant to a contract with an outside entity for purposes permitted under law, including the Driver's Privacy Protection Act, 18 U.S.C. chapter 123 as amended. For purposes of this subsection, a request that completely identifies the information sought for an individual shall mean name and date of birth, and for a vehicle shall mean either the registration number or the vehicle identification number.

   Added 1977, No. 142 (Adj. Sess.), § 3, eff. March 27, 1978; amended 1979, No. 202 (Adj. Sess.), § 3, Pt. I, eff. Sept. 1, 1980; 1985, No. 85 , § 3; 1989, No. 51 , § 9; 1995, No. 120 (Adj. Sess.), § 6; 1997, No. 155 (Adj. Sess.), § 12a; 2001, No. 102 (Adj. Sess.), § 4, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), § 25; 2009, No. 50 , § 35; 2009, No. 152 (Adj. Sess.), § 12; 2011, No. 128 (Adj. Sess.), § 9; 2015, No. 159 (Adj. Sess.), § 6; 2019, No. 60 , § 2; 2021, No. 76 , § 24.

§ 115. Nondriver identification cards.

1. Any Vermont resident may make application to the Commissioner and be issued an identification card that is attested by the Commissioner as to true name, correct age, residential address unless the listing of another address is requested by the applicant or is otherwise authorized by law, and any other identifying data as the Commissioner may require that shall include, in the case of minor applicants, the written consent of the applicant's parent, guardian, or other person standing in loco parentis. Every application for an identification card shall be signed by the applicant and shall contain such evidence of age and identity as the Commissioner may require, consistent with subsection (l) of this section. New and renewal application forms shall include a space for the applicant to request that a "veteran" designation be placed on the applicant's identification card. If a veteran, as defined in 38 U.S.C. § 101(2), requests a veteran designation and provides a Department of Defense Form 214 or other proof of veteran status specified by the Commissioner, and the Office of Veterans Affairs confirms the veteran's status as an honorably discharged veteran or a veteran discharged under honorable conditions, the identification card shall include the term "veteran" on its face. The Commissioner shall require payment of a fee of $24.00 at the time application for an identification card is made, except that an initial nondriver identification card shall be issued at no charge to an individual who surrenders his or her license in connection with a suspension or revocation under subsection 636(b) of this title due to a physical or mental condition.
2. Every identification card shall expire, unless earlier canceled, at midnight on the eve of the fourth anniversary of the date of birth of the cardholder following the date of original issue, and may be renewed every four years upon payment of a $24.00 fee. A renewed identification card shall expire, unless earlier canceled, at midnight on the eve of the fourth anniversary of the date of birth of the cardholder following the expiration of the card being renewed. At least 30 days before an identification card will expire, the Commissioner shall mail first-class to the cardholder or send the cardholder electronically an application to renew the identification card; a cardholder shall be sent the renewal notice by mail unless the cardholder opts in to receive electronic notification. An individual born on February 29 shall, for the purposes of this section, be considered as born on March 1.
3. In the event an identification card is lost, destroyed, mutilated, or a new name is acquired, a replacement may be obtained upon furnishing satisfactory proof to the Commissioner and paying a $20.00 fee.
4. The identification card shall bear the following notice: "For identification purposes only."
5. The holder of an identification card shall notify the Commissioner, in writing, of a change in address within 30 days after the change is made.
6. The Commissioner shall cancel the identification card if the card is fraudulently obtained, altered, or misused.
7. An identification card issued to a first-time applicant and any subsequent renewals by that person shall contain a photograph or imaged likeness of the applicant. The photographic identification card shall be available at a location designated by the Commissioner. An individual issued an identification card under this subsection that contains an imaged likeness may renew his or her identification card by mail. Except that a renewal by an individual required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the individual is obtained not less often than once every nine years.
8. An identification card issued to an individual who is under 18 years of age shall be distinguishable by color from an identification card issued to an individual who is 18 years of age or older but under 21 years of age, and both cards shall be distinguishable by color from an identification card issued to an individual 21 years of age or older. An identification card issued to an individual under 21 years of age shall clearly indicate, in prominent type, the date on which the individual will become 21. The distinguishing colors shall be the same as those used to distinguish operator's licenses issued under section 610 of this title.
9. An identification card issued under this subsection to an initial or renewal applicant shall include data elements as prescribed in 6 C.F.R. § 37.19.
10. Individuals receiving Supplemental Security Income or Social Security Disability Income and individuals with a disability as defined in 9 V.S.A. § 4501(2) shall be provided with nondriver identification cards for the following fees:
    1. Original issuance: $10.00.
    2. Renewal every four years: $10.00.
    3. Replacement of lost, destroyed, or mutilated card, or a new name is required: $5.00.
11. At the option of the applicant, his or her valid Vermont license may be surrendered in connection with an application for an identification card. In those instances, the fee due under subsection (a) of this section shall be reduced by:
    1. one-quarter of the four-year fee established by subsection 601(c) of this title for each remaining full year of validity; or
    2. one-half of the two-year fee paid for each remaining full year of validity.
12. 1. The Commissioner shall issue identification cards to Vermont residents who are not U.S. citizens but are able to establish lawful presence in the United States if an applicant follows the procedures and furnishes documents as required under subsection 603(d) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section. The identification cards shall expire consistent with subsection 603(d) of this title. (l) (1)  The Commissioner shall issue identification cards to Vermont residents who are not U.S. citizens but are able to establish lawful presence in the United States if an applicant follows the procedures and furnishes documents as required under subsection 603(d) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section. The identification cards shall expire consistent with subsection 603(d) of this title.
    2. The Commissioner shall issue non-REAL ID compliant identification cards to Vermont residents unable to establish lawful presence in the United States if an applicant follows the procedures and furnishes documents as required under subsection 603(e) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section.
    3. The Commissioner shall issue non-REAL ID compliant identification cards to Vermont residents able to establish lawful presence in the United States but who otherwise fail to comply with the requirements of the REAL ID Act of 2005, Pub. L. No. 109-13, §§ 201-202, if the applicant follows the procedures and furnishes documents as required under subsection 603(f) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section.
    4. A non-REAL ID compliant identification card issued under subdivision (2) or (3) of this subsection shall bear on its face text indicating that it is not valid for federal identification or official purposes.
13. An individual sentenced to serve a period of imprisonment of six months or more committed to the custody of the Commissioner of Corrections who is eligible for a nondriver identification card under the requirements of this section shall, upon proper application and in advance of release from a correctional facility, be provided with a nondriver identification card for a fee of $0.00.

    Added 1981, No. 94 , § 1, eff. Oct. 1, 1981; amended 1981, No. 120 (Adj. Sess.), § 1, eff. March 2, 1982; 1989, No. 51 , § 10; 1995, No. 120 (Adj. Sess.), § 7; 1999, No. 163 (Adj. Sess.), § 4; 2001, No. 102 (Adj. Sess.), § 5, eff. May 15, 2002; 2003, No. 70 (Adj. Sess.), § 31, eff. March 1, 2004; 2003, No. 154 (Adj. Sess.), § 2; 2005, 2003, No. 175 (Adj. Sess.), § 26; 2009, No. 50 , § 36; 2011, No. 46 , § 18, eff. July 1, 2012; 2011, No. 128 (Adj. Sess.), § 10; 2013, No. 57 , § 13; 2013, No. 74 , § 2, eff. Jan. 1, 2014; 2013, No. 189 (Adj. Sess.), § 1; 2015, No. 47 , § 3; 2015, No. 158 (Adj. Sess.), § 58; 2015, No. 159 (Adj. Sess.), § 7; 2019, No. 60 , § 12; 2019, No. 131 (Adj. Sess.), § 137; 2019, No. 149 (Adj. Sess.), § 1; 2021, No. 20 , § 227.

§ 115a. Legislative intent; existing nondriver identification card holders.

It is the intent of the General Assembly that the provisions of subsection 115(g) of this title not require persons who, prior to July 1, 2004, were issued a nondriver identification card without a photograph or imaged likeness to obtain a photograph or imaged likeness after that date.

Added 2003, No. 154 (Adj. Sess.), § 3.

§ 201. Applications to be under oath.

All applications, all proofs that the Commissioner may require, and all requests for personal information shall be under oath or the applications and proofs shall contain and be verified by written declarations that they are made subject to the penalties prescribed in section 202 of this title. Each question and answer and each statement made in any application, or in any proof required, shall be deemed material. When an applicant is a corporation or partnership, the individual signing the application shall be considered the individual under oath or the person subject to the penalties of section 202 of this title.

Amended 1969, No. 259 (Adj. Sess.), § 5; 1969, No. 297 (Adj. Sess.), § 7, eff. Sept. 1, 1971; 1991, No. 164 (Adj. Sess.), § 1; 1997, No. 55 , § 5, eff. June 26, 1997; 2001, No. 69 , § 1; 2007, No. 19 , § 3; 2019, No. 131 (Adj. Sess.), § 138.

§ 202. Impersonating another in an application or aiding an applicant by false representation.

A person who does any of the following shall be fined not more than $1,000.00 or imprisoned not more than two years, or both, and shall have his or her privilege to operate suspended for 90 days:

1. falsely impersonates another in an application for:
   1. an operator's license;
   2. a learner's permit;
   3. a nondriver identification card;
   4. a motor vehicle registration or vessel validation; or
   5. an in-transit registration permit;
2. obtains by false representation:
   1. an operator's license;
   2. a learner's permit;
   3. a nondriver identification card;
   4. a motor vehicle registration or vessel validation; or
   5. an in-transit registration permit;
3. uses an assumed name or name that is not his or her own in an application for:
   1. an operator's license;
   2. a learner's permit;
   3. a nondriver identification card;
   4. a motor vehicle registration or vessel validation; or
   5. an in-transit registration permit; or
4. knowingly aids an applicant in obtaining by false representation as to the age or identity of such applicant:
   1. an operator's license;
   2. a learner's permit;
   3. a nondriver identification card;
   4. a motor vehicle registration or vessel validation; or
   5. in-transit registration permit.

      Amended 1987, No. 241 (Adj. Sess.), § 1; 1991, No. 164 (Adj. Sess.), § 2; 2019, No. 149 (Adj. Sess.), § 2; 2021, No. 20 , § 229.

§ 203. Counterfeiting, fraud, and misuse; penalty.

1. A person shall not:
   1. counterfeit or cause to be counterfeited or have in his or her possession any counterfeit number plate, validating sticker, marker, inspection sticker, registration certificate, in-transit registration permit, learner's permit, nondriver identification card, insurance identification card, or operator's license or alter or have in his or her possession any altered number plate or marker;
   2. display or cause or permit to be displayed, or have in his or her possession, any fictitious or fraudulently altered operator's license, learner's permit, nondriver identification card, inspection sticker, registration certificate, or in-transit registration permit, or display for any fraudulent purpose an expired or counterfeit insurance identification card or similar document;
   3. lend his or her operator's license to any other person or knowingly permit the use thereof by another;
   4. display or represent as his or her own any operator's license, permit, or nondriver identification card not issued to him or her;
   5. permit any unlawful use of an operator's license, permit, or nondriver identification card issued to him or her by the Commissioner;
   6. obtain or attempt to obtain a registration plate, validation sticker, registration certificate, in-transit registration permit, operator's license, learner's permit, nondriver identification card, or duplicate copy of any of such documents by the use of fraudulently obtained, fictitious, or altered identity documents or by the use of identity documents not his or her own;
   7. obtain or attempt to obtain a registration plate, validation sticker, registration certificate, in-transit registration permit, certificate of title, operator's license, learner's permit, nondriver identification card, duplicate copy of any of these documents, or obtain or attempt to obtain any other permit, license, or special privilege from the Department of Motor Vehicles through the submission of an application containing false or fictitious information;
   8. lend his or her identity documents to aid an applicant in his or her attempt to fraudulently obtain or actually obtain a registration plate, validation sticker, registration certificate, in-transit registration permit, operator's license, learner's permit, nondriver identification card, or duplicate copy of such documents; or
   9. display on his or her vehicle an inspection sticker not issued to him or her for the vehicle.
2. 1. Except as provided in subdivision (2) of this subsection, a violation of subsection (a) of this section shall be a traffic violation for which there shall be a penalty of not more than $1,000.00. If a person is found to have committed the violation, the person's privilege to operate motor vehicles shall be suspended for 60 days. (b) (1)  Except as provided in subdivision (2) of this subsection, a violation of subsection (a) of this section shall be a traffic violation for which there shall be a penalty of not more than $1,000.00. If a person is found to have committed the violation, the person's privilege to operate motor vehicles shall be suspended for 60 days.
   2. If a person may be charged with a violation of subdivision (a)(2) of this section or with a violation of 7 V.S.A. § 656 , the person shall be charged with a violation of 7 V.S.A. § 656 and not with a violation of this section.

      Amended 1967, No. 129 , § 1; 1971, No. 228 (Adj. Sess.), § 4; 1991, No. 164 (Adj. Sess.), § 3; 2007, No. 19 , § 4; 2011, No. 164 (Adj. Sess.), § 1; 2019, No. 60 , § 14; 2019, No. 149 (Adj. Sess.), § 3; 2019, No. 167 (Adj. Sess.), § 8, eff. Oct. 7, 2020; 2021, No. 20 , § 230.

§ 204. Surrender of license or registration.

1. A person whose license to operate a motor vehicle, nondriver identification card, or motor vehicle registration has been issued in error shall surrender forthwith his or her license or registration upon demand of the Commissioner or his or her authorized inspector or agent. The demand shall be made in person or by notice in writing sent by first-class mail to the last known address of the person.
2. The Commissioner or his or her authorized inspector or agent and all enforcement officers are authorized to take possession of any certificate of title, nondriver identification card, registration, or license issued by this or any other jurisdiction that has been revoked, canceled, or suspended, or that is fictitious, stolen, or altered.
3. A suspension or revocation shall be deemed to be in effect upon receipt of the notice, if made in person, or three days after the deposit of the notice in the U.S. mail, if made in writing and sent by first-class mail to the last known address of the person.
4. If a presuspension or prerevocation hearing is available by law, the written notice of suspension or revocation shall so state. Unless otherwise specifically provided by statute, a written request for a hearing must be received at the Department of Motor Vehicles within 15 days after the date of the notice or the right to a hearing is deemed to be waived.

   Amended 1983, No. 7 ; 1989, No. 127 (Adj. Sess.), § 4, eff. Mar. 15, 1990; 1991, No. 164 (Adj. Sess.), § 4; 1993, No. 212 (Adj. Sess.), § 6; 1995, No. 112 (Adj. Sess.), § 2, eff. April 22, 1996; 1999, No. 34 , § 4; 2007, No. 61 , § 2; 2011, No. 46 , § 2.

§ 205. Notification of change of name or address.

The owner of a registered motor vehicle, snowmobile, or motorboat; a person licensed to operate a motor vehicle in this State; and a person licensed under chapter 27 or 28 of this title or 32 V.S.A. chapter 219 shall notify the Commissioner, in writing, of a change in the owner's or person's legal name or residence or mailing address within 30 days after the change is made.

Added 1963, No. 47 ; amended 1971, No. 228 (Adj. Sess.), § 5; 1985, No. 85 , § 4; 2015, No. 47 , § 4.

§ 206. Surcharge.

A person convicted of violating a provision of this chapter shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this section to be credited to the DUI Enforcement Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

Added 1997, No. 117 (Adj. Sess.), § 21.

§ 207. Refund of money erroneously paid.

Upon application of the Commissioner, the Commissioner of Finance and Management shall issue a warrant in favor of any person equitably entitled to a refund of money erroneously paid into the State Treasury for a license or permit to operate a motor vehicle or for the registration of a motor vehicle, trailer, semi-trailer, snowmobile, motorboat, or all-terrain vehicle. A refund shall not be allowed except as provided in this section and sections 325-327 of this title, and shall be paid from the fees remitted to the State Treasury by the Department.

Added 2015, No. 47 , § 9.

§ 208. Reciprocal recognition of nonresident registrations, licenses, and permits; foreign visitors.

As determined by the Commissioner, and consistent with section 601 of this title, a motor vehicle owned by a nonresident shall be considered as registered and a nonresident operator shall be considered as licensed or permitted in this State if the nonresident owner or operator has complied with the laws of the foreign country or state of his or her residence relative to the registration of motor vehicles and the granting of operator's licenses or learner's permits. However, these exemptions shall be operative only to the extent that under the laws of the foreign country or state of the owner's or operator's residence like exemptions and privileges are granted to owners of motor vehicles duly registered and to operators duly licensed or permitted under the laws of this State, except that if the owner or operator is a resident of a country not adjoining the United States, the exemptions shall be operative for a period of not more than one year even if the country does not grant like privileges to residents of this State.

Added 2015, No. 158 (Adj. Sess.), § 61; amended 2019, No. 60 , § 7.

§ 301. Persons required to register.

Residents, except as provided in chapter 35 of this title, shall annually register motor vehicles owned or leased for a period of more than 30 days and operated by them, unless currently registered in Vermont. Notwithstanding this section, a resident who has moved into the State from another jurisdiction shall register his or her motor vehicle within 60 days of moving into the State. A person shall not operate a motor vehicle nor draw a trailer or semi-trailer on any highway unless such vehicle is registered as provided in this chapter. Vehicle owners who have apportioned power units registered in this State under the International Registration Plan are exempt from the requirement to register their trailers in this State.

Amended 1961, No. 97 , § 1, eff. May 3, 1961; 1985, No. 124 (Adj. Sess.), § 6; 2003, No. 56 , § 70, eff. June 4, 2003; 2015, No. 47 , § 6; 2019, No. 60 , § 15.

§ 301a. Repealed. 2015, No. 47, § 5.

§ 302. Period of registration.

1. Except as otherwise provided in this title, every motor vehicle shall be registered for a period of 12 months from date of issue. Registrations made pursuant to subsections 305(b), 371(b), 376(b), and 376(c) of this title shall expire and the certificate thereof shall become void five years after the date of issue.
2. Notwithstanding any other provisions of this title, if registered owners so elect, all their registrations may be issued to expire on the same date and the registration fee shall be pro-rated for the amount in excess of the annual 12 months' fee but not to exceed 24 months.

   Amended 1961, No. 54 , § 1, eff. April 1, 1962; 1965, No. 70 , § 1; 1969, No. 259 (Adj. Sess.), § 6; 1975, No. 90 , § 1; 1977, No. 85 , § 1, eff. Sept. 1, 1977; 1979, No. 34 , § 1, eff. Nov. 1, 1979; 1995, No. 49 , § 1, eff. April 20, 1995; 1995, No. 112 (Adj. Sess.), § 3; 1997, No. 39 , § 1; 2015, No. 47 , § 7.

§ 303. Application required.

1. The Commissioner or his or her duly authorized agent shall register a motor vehicle, trailer, or semi-trailer when application therefor, on a form prescribed by the Commissioner, showing such motor vehicle to be properly equipped and in good mechanical condition, is filed with him or her, accompanied by the required registration fee and evidence of the applicant's ownership of the vehicle in such form as the Commissioner may reasonably require. Except for State or municipal vehicles, registrants and titled owners shall be identical.
2. An application for registration may be refused by the Commissioner if it is not accompanied by proof of payment of the use tax imposed by Section 4481 of the Internal Revenue Code of 1986 in such form as may be prescribed by the Secretary of the Treasury or in another form acceptable to the Commissioner in the case of vehicles that are subject to the tax.

   Amended 1983, No. 123 (Adj. Sess.), eff. April 2, 1984; 1995, No. 19 , § 10, eff. April 17, 1995.

§ 304. Registration certificates; number plates; vanity and other special plates.

1. The Commissioner shall issue to the registrant of a motor vehicle a certificate of registration in the form the Commissioner may prescribe, on which shall appear the name of the registrant, his or her address, a brief description of the vehicle registered, and the date of registration.  The Commissioner shall also assign to each motor vehicle registered a distinctive number and issue a number plate or plates showing the assigned number.  The number plate or plates issued shall be of the material, size, shape, and color, and with the numerals or letters thereon, the Commissioner may determine, and shall be reflectorized in part or in whole.  The certificate and number plates shall be delivered free of charge by the Commissioner to the registrant as soon as may be after receipt and acceptance of application for registration.
2. The authority to issue vanity motor vehicle number plates or special number plates for safety organizations and service organizations shall reside with the Commissioner. Determination of compliance with the criteria contained in this section shall be within the discretion of the Commissioner. Series of number plates for safety and service organizations that are authorized by the Commissioner shall be issued in order of approval, subject to the operating considerations in the Department as determined by the Commissioner. The Commissioner shall issue vanity and special organization number plates in the following manner:
   1. Vanity plates.  Subject to the restrictions of this section, vanity plates shall be issued at the request of the registrant of a motor vehicle unless the vehicle is registered under the International Registration Plan, upon application and upon payment of an annual fee of $48.00 in addition to the annual fee for registration. The Commissioner shall not issue two sets of plates bearing the same initials or letters unless the plates also contain a distinguishing number. Vanity plates are subject to reassignment if not renewed within 60 days of expiration of the registration.
   2. Special organization plates.
      1. For the purposes of this section:
         1. "Safety organizations" are groups that provide police and fire protection, rescue squads, the Vermont National Guard, organizations required to respond to public emergencies, and amateur radio operators licensed by the U.S. Federal Communications Commission. To qualify for a special organization plate, safety organizations must have at least 100 in-state members in good standing.
         2. "Service organization" includes congressionally chartered or noncongressionally chartered U.S. Military Service veterans' groups and any group that:
            1. has as a primary purpose service to the community through specific programs for the improvement of public health, education, or environmental awareness and conservation and is not limited to social activities;
            2. has nonprofit status under Section 501(c)(3) or (10) of the U.S. Internal Revenue Code, as amended;
            3. is registered as a nonprofit corporation with the Office of the Secretary of State; and
            4. except for a military veterans group, has at least 100 in-state members in good standing.
      2. The officer of a safety organization or service organization may apply to the Commissioner to approve special plates indicating membership in a qualifying organization to be issued to organization members for a $17.00 special fee for each set of plates in addition to the annual fee for registration. The application shall include designation of an officer or member to serve as the principal contact with the Department and a distinctive name or emblem, or both, for use on the proposed special plate. The name and emblem shall not be objectively obscene or confusing to the general public and shall not promote, advertise, or endorse a product, brand, or service provided for sale. The organization's name and emblem must not infringe on or violate a trademark, trade name, service mark, copyright, or other proprietary or property right, and the organization must have the right to use the name and emblem. After consulting with the principal contact, the Commissioner shall determine the design of the special plate on the basis that the primary purpose of motor vehicle number plates is vehicle identification. An organization may have only one design, regardless of the number of individual organizational units, squads, or departments within the State that may conduct the same or substantially similar activities.
      3. After the plate design is finalized and an officer or the principal contact provides the Commissioner a written statement authorizing issuance of the plates, the organization shall deposit $2,200.00 with the Commissioner. Of this deposit, $500.00 shall be retained by the Department to recover costs of developing the organization plate. Notwithstanding 32 V.S.A. § 502 , the Commissioner may charge the actual costs of production of the plates against the fees collected and the balance shall be deposited in the Transportation Fund. Upon application, special plates shall be issued to a registrant of a vehicle registered at the pleasure car rate or of a truck registered for less than 26,001 pounds (but excluding trucks registered under the International Registration Plan) who furnishes the Commissioner satisfactory proof that he or she is a member of an organization that has satisfied the requirements of this subdivision (b)(2). For each of the first 100 applicants to whom sets of plates are issued, the $17.00 special plate fee shall not be collected and shall be subtracted from the balance of the deposit. When the $1,700.00 balance of the deposit is depleted, applicants shall be required to pay the $17.00 fee as provided for in subdivision (2)(B) of this subsection. No organization shall charge its members any additional fee or premium charge for the authorization, right, or privilege to display special number plates, but any organization may recover up to $1,700.00 from applicants for the special plates.
      4. When an individual's membership in a qualifying organization ceases or is terminated, the individual shall surrender any special registration plates issued under this subsection to the Commissioner forthwith. However, a retired member of the Vermont National Guard may renew or, upon payment of a $10.00 fee, acquire, the special guard plates after notification of eligibility for retired pay has been received.
3. The Commissioner shall issue registration numbers 101 through 9999, which shall be known as reserved registration numbers, for pleasure cars, motor trucks that are registered at the pleasure car rate, and motorcycles in the following manner:
   1. A person holding a reserved registration number may retain the number for the ensuing registration period, provided application is made at least 60 days prior to expiration of the registration.
   2. If the registrant does not renew the registration, the number may be reassigned to a member of the immediate family if application is made at least 60 days prior to expiration of the registration. As used in this subsection, "immediate family" means the spouse, household member, grandparents, parents, siblings, children, or grandchildren of the registrant.
   3. The Commissioner shall restrict the issuance of these registrations to residents of this State and may restrict issuance to applicants who do not already have such a registration issued to them.
   4. A person holding a reserved registration number on a pleasure car, a truck that is registered at the pleasure car rate, or a motorcycle may be issued the same reserved registration number for the other authorized vehicle types, provided that the person receives no more than one such plate or set of plates for each authorized vehicle type.
4. Vanity or special organization number plates, whether new or renewed, shall be issued in any combination or succession of numerals and letters, provided the total of the numbers and letters on any plate taken together does not exceed seven, and further provided the requested combination of letters and numerals does not duplicate or resemble a regular issue registration plate. The Commissioner may adopt rules for the issuance of vanity or special organization number plates to ensure that all plates serve the primary purpose of vehicle identification. The Commissioner may revoke any plate described in this subsection and shall not issue plates with combinations of letters or numbers that objectively, in any language:
   1. are vulgar, scatological, or obscene, or constitute racial or ethnic epithets;
   2. connote breast, genitalia, pubic area, or buttocks or relate to sexual or eliminatory functions;
   3. refer to any intoxicant or drug; to the use, nonuse, distribution, or sale of an intoxicant or drug; or to a user, nonuser, or purveyor of an intoxicant or drug;
   4. refer to gender, gender identity, sexual orientation, or disability status;
   5. suggest a government or governmental agency;
   6. suggest a privilege not given by law in this State; or
   7. form a slang term, abbreviation, phonetic spelling, or mirror image of a word described in subdivisions (1) through (6) of this subsection.
5. [Repealed.]
6. Upon the request of a registrant of a motor vehicle with the previous issue number plates, the Commissioner shall issue current issue number plates bearing the same number as shown on the previous issue plates that are being replaced. The initial one-time fee for the plates shall be $24.00 in addition to the regular registration fee. Official plates and plates with numbers of 9999 or lower are specifically exempted.
7. Number plates bearing the Vermont Coat of Arms may be issued only to the Governor, members of the Vermont congressional delegation and members of the General Assembly.
8. The Department, on a quarterly basis, shall provide information to licensed inspection stations for distribution to the owners of motor vehicles during the annual inspection of their motor vehicles. That information shall encourage the proper management of used oil and shall include the telephone number of a recycling hotline that residents may call to determine the availability of a collection service that accepts used oil at the curb or otherwise to find the nearest location to recycle used oil.
9. The Department and the Agency of Natural Resources shall work cooperatively regarding opportunities to provide information to the public with respect to the proper management of used oil and shall take appropriate steps to implement efficient and effective information distribution measures mutually agreed upon by the Department and the Agency.
10. The Commissioner of Motor Vehicles shall, upon proper application, issue special plates to Vermont veterans, as defined in 38 U.S.C. § 101(2), and to members of the U.S. Armed Forces, as defined in 38 U.S.C. § 101(10), for use on vehicles registered at the pleasure car rate, on vehicles registered at the motorcycle rate, and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan. The type and style of the plate shall be determined by the Commissioner, except that an American flag, or a veteran- or military-related emblem selected by the Commissioner and the Vermont Office of Veterans' Affairs shall appear on one side of the plate. At a minimum, emblems shall be available to recognize recipients of the Purple Heart, Pearl Harbor survivors, former prisoners of war, and disabled veterans. An applicant shall apply on a form prescribed by the Commissioner, and the applicant's eligibility as a member of one of the groups recognized will be certified by the Office of Veterans' Affairs. The plates shall be reissued only to the original holder of the plates or the surviving spouse. The Commissioner may adopt rules to implement the provisions of this subsection. Except for new or renewed registrations, applications for the issuance of plates under this subsection shall be processed in the order received by the Department subject to normal workflow considerations. The costs associated with developing new emblems shall be borne by the Department of Motor Vehicles.
11. 1. The Commissioner of Motor Vehicles shall, upon proper application, issue special gold star and next-of-kin plates for use only on vehicles registered at the pleasure car rate and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan, as follows: (k) (1)  The Commissioner of Motor Vehicles shall, upon proper application, issue special gold star and next-of-kin plates for use only on vehicles registered at the pleasure car rate and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan, as follows:
       1. Gold star plates shall be issued to the widow or widower, parents, and next of kin as defined in 10 U.S.C. § 1126(d) of members of the U.S. Armed Forces who lost their lives under the circumstances described in 10 U.S.C. § 1126(a) .
       2. Next-of-kin plates shall be issued to the widow or widower, parents, and next of kin as defined in 10 U.S.C. § 1126(d) of members of the Armed Forces not eligible for gold star plates under subdivision (A) of this subdivision (1) who lost their lives while serving on active duty or on active duty for training, or while assigned in a Reserve or National Guard unit in drill status, or as a result of injury or illness incurred during such service or assignment.
    2. The type and style of the gold star and next-of-kin plates shall be determined by the Commissioner and the Vermont Office of Veterans' Affairs, except that a gold star shall appear on one side of gold star plates and a distinct emblem shall be approved for next-of-kin plates. An applicant shall apply on a form prescribed by the Commissioner, and the applicant's eligibility will be certified by the Office of Veterans' Affairs. A plate shall be reissued only to the original holder of the plate. The Commissioner may adopt rules to implement the provisions of this subsection. Except for new or renewed registrations, applications for the issuance of gold star or next-of-kin plates shall be processed in the order received by the Department subject to normal workflow considerations.

       Amended 1961, No. 54 , § 2, eff. April 1, 1962; 1965, No. 154 , § 1; 1967, No. 129 , § 2; 1975, No. 218 (Adj. Sess.), § 7, eff. April 1, 1976; 1977, No. 258 (Adj. Sess.), §§ 1, 2, eff. April 19, 1978; 1979, No. 190 (Adj. Sess.), § 1; 1987, No. 112 , § 5; 1987, No. 230 (Adj. Sess.); 1987, No. 241 (Adj. Sess.), § 13; 1989, No. 51 , § 11; 1989, No. 82 , § 1, eff. Jan. 1, 1990; 1991, No. 178 (Adj. Sess.), § 1, eff. Dec. 1, 1992; 1993, No. 220 (Adj. Sess.), § 2; 1993, No. 233 (Adj. Sess.), § 93, eff. June 21, 1994; 1995, No. 49 , § 3, eff. April 20, 1995; 1995, No. 112 (Adj. Sess.), § 4; 1995, No. 189 (Adj. Sess.), § 17; 1997, No. 85 (Adj. Sess.), §§ 1, 2; 1997, No. 85 (Adj. Sess.), § 3, eff. Nov. 11, 1998; 1999, No. 1 , § 77c, eff. March 31, 1999; 1999, No. 1 55 (Adj. Sess.), § 12e; 2001, No. 102 (Adj. Sess.), § 6, eff. May 15, 2002; 2003, No. 109 (Adj. Sess.), §§ 1, 2; 2003, No. 160 (Adj. Sess.), § 62, eff. June 9, 2004; 2005, No. 175 (Adj. Sess.), § 27; 2007, No. 61 , § 3; 2007, No. 181 (Adj. Sess.), §§ 1-3, eff. May 30, 2008; 2009, No. 50 , § 37; 2011, No. 46 , § 3; 2011, No. 128 (Adj. Sess.), § 11; 2011, No. 164 (Adj. Sess.), § 12; 2013, No. 189 (Adj. Sess.), § 2; 2015, No. 159 (Adj. Sess.), § 8; 2019, No. 131 (Adj. Sess.), § 139.

§ 304a. Special registration plates and placards for individuals with disabilities.

1. As used in this section:
   1. "Ambulatory disability" means an impairment that prevents or impedes walking. An individual shall be considered to have an ambulatory disability if he or she:
      1. cannot walk 200 feet without stopping to rest;
      2. cannot walk without the use of, or assistance from, a brace, cane, crutch, another individual, prosthetic device, wheelchair, or other assistive device;
      3. is restricted by lung disease to such an extent that the individual's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
      4. uses portable oxygen;
      5. has a cardiac condition to the extent that the individual's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or
      6. is severely limited in his or her ability to walk due to an arthritic, neurological, or orthopedic condition.
   2. "Blind" means the visual impairment of an individual whose central visual acuity does not exceed 20/200 in the better eye with corrective lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.
   3. "Special registration plates" means a registration plate for individuals with disabilities that displays the International Symbol of Access:
      1. in a color that contrasts with the background; and
      2. in the same size as the letters or numbers on the plate.
   4. "Removable windshield placard" means a two-sided, hanger style placard which includes on each side:
      1. the International Symbol of Access, which is at least three inches in height, centered on the placard, and is a color that contrasts with the placard's background color;
      2. an identification number;
      3. a date of expiration; and
      4. the seal or other identification of the issuing authority.
   5. "Temporary removable windshield placard" means a two-sided hanger style placard which includes on each side:
      1. the International Symbol of Access, which is at least three inches in height, centered on the placard, and is a color that contrasts with the placard's background color;
      2. an identification number;
      3. a date of expiration; and
      4. the seal or other identification of the issuing authority.
   6. "Eligible person" means:
      1. an individual who is blind or has an ambulatory disability and has been issued a special registration plate or a windshield placard by this State or another state;
      2. a person who is transporting an individual described in subdivision (A) of this subdivision (6); or
      3. an individual transporting an individual who is blind or has an ambulatory disability on behalf of an organization that has been issued a special registration plate or a windshield placard by this State or another state for the purpose of transporting an individual who is blind or has an ambulatory disability.
2. Special registration plates or removable windshield placards, or both, shall be issued by the Commissioner. The placard shall be issued without a fee to an individual who is blind or has an ambulatory disability. One set of plates shall be issued without additional fees for a vehicle registered or leased to an individual who is blind or has an ambulatory disability or to a parent or guardian of an individual with a permanent disability. The Commissioner shall issue these placards or plates under rules adopted by him or her after proper application has been made to the Commissioner by any person residing within the State. Application forms shall be available on request at the Department of Motor Vehicles.
   1. Upon application for a special registration plate or removable windshield placard, the Commissioner shall send a form prescribed by him or her to the applicant to be signed and returned by a licensed physician, licensed physician assistant, or licensed advanced practice registered nurse. The Commissioner shall file the form for future reference and issue the placard or plate. A new application shall be submitted every four years in the case of placards and at every third registration renewal for plates but in no case greater than every four years. When a licensed physician, licensed physician assistant, or licensed advanced practice registered nurse has previously certified to the Commissioner that an applicant's condition is both permanent and stable, a special registration plate or placard need not be renewed.
   2. Upon application of an organization, the Commissioner shall issue special registration plates for a vehicle registered in the applicant's name if the vehicle is primarily used to transport individuals who have an ambulatory disability or are blind. Placards shall also be issued without a fee, upon application in a form prescribed by the Commissioner, to an organization to be used when transporting individuals who have an ambulatory disability or are blind. The plates and placards shall be subject to the restrictions set forth in subdivision (a)(3) of this section.
   3. An individual with a disability who abuses such privileges or allows individuals not disabled to abuse the privileges provided in this section may have this privilege revoked after suitable notice and opportunity for hearing has been given him or her by the Commissioner. Hearings under the provisions of this section shall be held in accordance with sections 105-107 of this title and shall be subject to review by the Civil Division of the Superior Court of the county where the individual with a disability resides.
   4. An applicant for a registration plate or placard for individuals with disabilities may request the Civil Division of the Superior Court in the county in which he or she resides to review a decision by the Commissioner to deny his or her application for a special registration plate or placard.
   5. If the authenticity of the medical need for the special registration is challenged with reasons in writing, the Commissioner may have physicians with the Vermont Department of Health review the medical facts, with the knowledge of the individual with a disability and the licensed physician, licensed physician assistant, or licensed advanced practice registered nurse who filled in the medical form for the special registration, in order to determine eligibility and so notify all concerned of the facts and the recommendations.
   6. On a form prescribed by the Commissioner, a nonprofit organization that provides volunteer drivers to transport individuals who have an ambulatory disability or are blind may apply to the Commissioner for a placard. Placards shall be marked "volunteer driver." The organization shall ensure proper use of placards and maintain an accurate and complete record of the volunteer drivers to whom the placards are given by the organization. Placards shall be returned to the organization when the volunteer driver is no longer performing that service. Abuse of the privileges provided by the placards may result in the privileges being revoked and the placards repossessed by the Commissioner. Revocation may occur only after suitable notice and opportunity for a hearing. Hearings shall be held in accordance with sections 105-107 of this title.
3. Eligible persons may park vehicles with special registration plates or removable windshield placards issued by any state in special parking spaces when:
   1. the placard is displayed:
      1. by hanging it from the front windshield rearview mirror in such a manner that it may be viewed from the front and rear of the vehicle; or
      2. if the vehicle has no rearview mirror, on the dashboard;
   2. the plate is mounted as provided in section 511 of this title; or
   3. the plate is mounted or the placard displayed as provided by the law of the jurisdiction where the vehicle is registered.
4. 1. Except as otherwise provided in this subsection, an eligible person shall be permitted to park, and to park without fee, for at least 10 continuous days in a parking space or area that is restricted as to the length of time parking is permitted or where parking fees are assessed. (d) (1)  Except as otherwise provided in this subsection, an eligible person shall be permitted to park, and to park without fee, for at least 10 continuous days in a parking space or area that is restricted as to the length of time parking is permitted or where parking fees are assessed.
   2. Notwithstanding the 10-day period in subdivision (1) of this subsection, in the case of a State- or municipally operated parking garage, an eligible person shall be permitted to park, and to park without fee, for at least 24 continuous hours.
   3. This subsection shall not apply to spaces or areas in which parking, standing, or stopping of all vehicles is prohibited by law or by any parking ban or that are reserved for special vehicles. As a condition to the privilege conferred by this subsection, the vehicle shall display the registration plate or placard issued by the Commissioner, or a special registration license plate or placard issued by any other jurisdiction, in accordance with subsection (c) of this section.
5. 1. An individual, other than an eligible person, who for his or her own purposes parks a vehicle in a space for individuals with disabilities shall be subject to a civil penalty of not less than $200.00 for each violation and shall be liable for towing charges. (e) (1)  An individual, other than an eligible person, who for his or her own purposes parks a vehicle in a space for individuals with disabilities shall be subject to a civil penalty of not less than $200.00 for each violation and shall be liable for towing charges.
   2. An individual, other than an eligible person, who displays a special registration plate or removable windshield placard not issued to him or her under this section and parks a vehicle in a space for individuals with disabilities, shall be subject to a civil penalty of not less than $400.00 for each violation and shall be liable for towing charges.
   3. A person who violates this section also shall be liable for storage charges not to exceed $12.00 per day, and an artisan's lien may be imposed against the vehicle for payment of the charges assessed.
   4. The person in charge of the parking space or spaces for individuals with a disability or any duly authorized law enforcement officer shall cause the removal of a vehicle parked in violation of this section.
   5. A violation of this section shall be considered a traffic violation within the meaning of 4 V.S.A. chapter 29.
6. Individuals who have a temporary ambulatory disability may apply for a temporary removable windshield placard to the Commissioner on a form prescribed by him or her. The placard shall be valid for a period of up to six months and displayed as required under the provisions of subsection (c) of this section. The application shall be signed by a licensed physician, licensed physician assistant, or licensed advanced practice registered nurse. The validation period of the temporary placard shall be established on the basis of the written recommendation from a licensed physician, licensed physician assistant, or licensed advanced practice registered nurse. The Commissioner shall adopt rules to implement the provisions of this subsection.

   Added 1987, No. 268 (Adj. Sess.), § 9, eff. June 21, 1988; amended 1989, No. 51 , § 12; 1989, No. 56 ; 1991, No. 131 (Adj. Sess.), § 1, eff. Jan. 1, 1993; 1999, No. 34 , § 5; 1999, No. 155 (Adj. Sess.), § 1, eff. May 29, 2000; 2003, No. 151 (Adj. Sess.), § 7; 2003, No. 160 (Adj. Sess.), § 60, eff. June 9, 2004; 2005, No. 188 (Adj. Sess.), § 2; 2007, No. 61 , § 4; 2009, No. 82 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 62 , § 39; 2013, No. 57 , § 4; 2013, No. 96 (Adj. Sess.), § 142; 2015, No. 23 , § 121; 2015, No. 50 , § 7; 2017, No. 71 , § 1; 2017, No. 132 (Adj. Sess.), § 7; 2017, No. 206 (Adj. Sess.), § 1; 2019, No. 131 (Adj. Sess.), § 140.

§ 304b. Conservation motor vehicle registration plates.

1. The Commissioner shall, upon application, issue conservation registration plates for use only on vehicles registered at the pleasure car rate, on trucks registered for less than 26,001 pounds, and on vehicles registered to State agencies under section 376 of this title, but excluding vehicles registered under the International Registration Plan. Plates so acquired shall be mounted on the front and rear of the vehicle. The Commissioners of Motor Vehicles and of Fish and Wildlife shall determine the graphic design of the special plates in a manner that serves to enhance the public awareness of the State's interest in restoring and protecting its wildlife and major watershed areas. The Commissioners of Motor Vehicles and of Fish and Wildlife may alter the graphic design of these special plates, provided that plates in use at the time of a design alteration shall remain valid subject to the operator's payment of the annual registration fee. Applicants shall apply on forms prescribed by the Commissioner and shall pay an initial fee of $26.00 in addition to the annual fee for registration. In following years, in addition to the annual registration fee, the holder of a conservation plate shall pay a renewal fee of $26.00. The Commissioner may adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this subsection.
2. Initial fees collected under subsection (a) of this section shall be allocated as follows:
   1. 46 percent to the Transportation Fund.
   2. 27 percent to the Department of Fish and Wildlife for deposit into the Nongame Wildlife Account created in 10 V.S.A. § 4048 .
   3. 27 percent to the Department of Fish and Wildlife for deposit into the Watershed Management Account created in 10 V.S.A. § 4050 .
3. Renewal fees collected under subsection (a) of this section shall be allocated as follows:
   1. 42 percent to the Department of Fish and Wildlife for deposit into the Nongame Wildlife Account created in 10 V.S.A. § 4048 .
   2. 42 percent to the Department of Fish and Wildlife for deposit into the Watershed Management Account created in 10 V.S.A. § 4050 .
   3. 16 percent to the Transportation Fund.
4. The Commissioner of Fish and Wildlife is authorized to deposit fees collected by the Department of Fish and Wildlife under subsections (b) and (c) of this section into the Conservation Camp Fund when the fees collected exceed the annual funding needs of the Nongame Wildlife Account and the Watershed Management Account.

   Added 1995, No. 189 (Adj. Sess.), § 14, eff. May 22, 1996; amended 1997, No. 59 , § 73, eff. June 30, 1997; 1997, No. 85 (Adj. Sess.), § 4; 2003, No. 160 (Adj. Sess.), § 63, eff. June 9, 2004; 2005, No. 58 , § 1; 2009, No. 50 , § 38; 2011, No. 153 (Adj. Sess.), § 31; 2013, No. 116 (Adj. Sess.), § 9; 2015, No. 159 (Adj. Sess.), § 9; 2017, No. 71 , § 2.

§ 304c. Motor vehicle registration plates: Building Bright Spaces for Bright Futures Fund.

1. The Commissioner shall, upon application, issue "Building Bright Spaces for Bright Futures Fund," referred to as "the Bright Futures Fund," registration plates for use only on vehicles registered at the pleasure car rate, on trucks registered for less than 26,001 pounds, on vehicles registered to State agencies under section 376 of this title, and excluding vehicles registered under the International Registration Plan. Plates so acquired shall be mounted on the front and rear of the vehicle. The Commissioner of Motor Vehicles shall utilize the graphic design recommended by the Commissioner for Children and Families for the special plates to enhance the public awareness of the State's interest in supporting children's services. Applicants shall apply on forms prescribed by the Commissioner of Motor Vehicles and shall pay an initial fee of $24.00 in addition to the annual fee for registration. In following years, in addition to the annual registration fee, the holder of a Bright Futures Fund plate shall pay a renewal fee of $24.00. The Commissioner of Motor Vehicles shall adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this subsection.
2. Fees collected under subsection (a) of this section shall be allocated as follows:
   1. 29 percent to the Transportation Fund.
   2. 71 percent to the Department for Children and Families for deposit in the Bright Futures Fund created in 33 V.S.A. § 3531 .
3. Renewal fees collected under subsection (a) of this section shall be allocated as follows:
   1. 79 percent to the Department for Children and Families for deposit in the Bright Futures Fund in 33 V.S.A. § 3531 .
   2. 21 percent to the Transportation Fund.
4. The Department of Motor Vehicles shall be charged by the Department of Corrections for the production of the Bright Futures Fund license plates.

   Added 2001, No. 142 (Adj. Sess.), § 140; amended 2003, No. 66 , § 138a; 2003, No. 160 (Adj. Sess.), § 64, eff. June 9, 2004; 2009, No. 50 , § 83; 2015, No. 159 (Adj. Sess.), § 10; 2017, No. 71 , § 3; 2019, No. 131 (Adj. Sess.), § 141.

§ 305. Registration periods.

1. The Commissioner of Motor Vehicles shall issue registration certificates, validation stickers, and number plates upon initial registration, and registration certificates and validation stickers for each succeeding renewal period of registration upon payment of the registration fee. Number plates so issued will become void one year from the first day of the month following the month of issue, unless a longer initial registration period is authorized by law or unless this period is extended through renewal. Registrations issued for motor trucks shall become void one year from the first day of the month following the month of issue.
2. The Commissioner shall issue a registration certificate, validation sticker, and number plates for each motor vehicle owned by the State, which shall be valid for a period of five years. Such motor vehicle shall be considered properly registered while the issued number plates are attached to the motor vehicle. The Commissioner may replace such number plates when in his or her discretion their condition requires.
3. Except as otherwise provided in subsection (d) of this section, no plate is valid unless the validation sticker is affixed to the rear plate in the manner prescribed by the Commissioner in section 511 of this title.
4. When a registration for a motor vehicle, snowmobile, motorboat, or all-terrain vehicle is processed electronically, a receipt shall be available electronically and for printing. An electronic or printed receipt shall serve as a temporary registration for 10 days after the date of the transaction. An electronic receipt may be shown to an enforcement officer using a portable electronic device. Use of a portable electronic device to display the receipt does not in itself constitute consent for an officer to access other contents of the device.

   Amended 1961, No. 54 , § 3, eff. April 1, 1962; 1965, No. 70 , § 2; 1967, No. 129 , § 3; 1969, No. 259 (Adj. Sess.), § 7; 1971, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 1973; 1977, No. 85 ,§§ 2, 3, eff. Sept. 1, 1977; 1979, No. 34 , § 2, eff. Nov. 1, 1979; 1985, No. 124 (Adj. Sess.), § 2; 1987, No. 111 , § 10; 1993, No. 9 , § 1, eff. Feb. 1, 1994; 1995, No. 112 (Adj. Sess.), § 5; 1997, No. 39 , § 2; 2001, No. 75 (Adj. Sess.), § 2; 2009, No. 50 , § 112; 2009, No. 152 (Adj. Sess.), § 18; 2011, No. 164 (Adj. Sess.), § 2; 2013, No. 57 , § 5; 2013, No. 189 (Adj. Sess.), § 3; 2017, No. 71 , § 4; 2019, No. 131 (Adj. Sess.), § 142.

§ 305a. Repealed. 2015, No. 147 (Adj. Sess.), § 4, eff. May 31, 2016.

§ 306. Title to number plates.

All number plates shall be the property of the State, and title shall not pass to a person registering a motor vehicle under the provisions of this title.

Amended 2019, No. 131 (Adj. Sess.), § 143.

§ 307. Carrying of registration certificate; replacement and corrected certificates.

1. A person shall not operate a motor vehicle nor draw a trailer or semi-trailer unless all required registration certificates are carried in some easily accessible place in the motor vehicle.
2. In case of the loss, mutilation, or destruction of a certificate, the owner of the vehicle described in it shall forthwith notify the Commissioner and remit a fee of $16.00, upon receipt of which the Commissioner shall furnish the owner with a duplicate certificate.
3. A corrected registration certificate shall be furnished by the Commissioner upon request and receipt of a fee of $16.00.
4. An operator cited for violating subsection (a) of this section with respect to a pleasure car, motorcycle, or truck that could be registered for less than 26,001 pounds shall be subject to a civil penalty of not more than $5.00, which penalty shall be exempt from surcharges under 13 V.S.A. § 7282(a) , if he or she is cited within the 14 days following the expiration of the motor vehicle's registration.

   Amended 1969, No. 276 (Adj. Sess.), § 2; 1987, No. 241 (Adj. Sess.), § 2; 1989, No. 51 , § 13; 2001, No. 102 (Adj. Sess.), § 7, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), § 28; 2009, No. 50 , § 39; 2011, No. 128 (Adj. Sess.), § 12; 2015, No. 159 (Adj. Sess.), § 11; 2017, No. 132 (Adj. Sess.), § 8; 2019, No. 60 , § 31.

§ 308. Suspension, revocation, and denial of registration; reinstatement fee.

1. The Commissioner may suspend or revoke the registration of any motor vehicle registered in this State and repossess the number plates assigned to it, when he or she is satisfied that:
   1. the vehicle has been stolen and that the registrant does not have legal title;
   2. the vehicle is in such poor mechanical condition as to make its operation and use a menace or danger;
   3. the vehicle is operated without proper equipment after the owner has been notified to procure and use such equipment as is required by law or Department rules;
   4. the owner of the motor vehicle has perpetrated some fraud upon the Department of Motor Vehicles;
   5. the owner of the motor vehicle is a habitual user of alcohol to excess;
   6. the number plates were erroneously issued;
   7. suspension or revocation is authorized under any other provision of law; or
   8. the commercial motor carrier responsible for safety of the vehicle has been prohibited from operating by a federal agency.
2. The Commissioner shall deny registration if the applicant fails to disclose material information required, or if the applicant has made a materially false statement on the application, or if the applicant's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder. A person whose privilege to operate has been suspended in accordance with subsection 3009(b) or 3103(b) of this title or section 110 of this title where the payments were due pursuant to section 3015 or 3106 of this title shall be ineligible for registration. The Department shall deny registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer, or shareholder.
3. Prior to terminating the revocation of a registration or reinstating a registration following suspension, the Commissioner shall require payment of a fee equivalent to the fee prescribed in section 675 of this title, except that no such fee shall be imposed if the registration was suspended or revoked following its erroneous issuance by the Commissioner. This fee shall be in addition to any other fee that may be required by law.

   Amended 1997, No. 85 (Adj. Sess.), § 5; 2009, No. 39 , § 1; 2015, No. 159 (Adj. Sess.), § 12; 2017, No. 83 , § 161(4).

§ 309. Registering motor vehicle of which applicant is not the owner.

A person who registers or attempts to register a motor vehicle, snowmobile, all-terrain vehicle, or motorboat of which he or she is not the bona fide owner, as defined in section 4 of this title, shall be fined not more than $500.00 or imprisoned not more than two years, or both.

Amended 2001, No. 69 , § 2; 2019, No. 131 (Adj. Sess.), § 144.

§ 310. Loaning or permitting the use of number plates.

A person shall not loan or permit the use of the number plates assigned by the Commissioner to a motor vehicle owned by such person.

Amended 1971, No. 228 (Adj. Sess.), § 6.

§ 311. Permits for nonregisterable vehicles.

1. The Commissioner, for an annual fee of $2.00 and under such conditions as he or she may prescribe, may permit licensed operators to operate motor vehicles not otherwise registerable across a public highway; however, an unlicensed person may so operate a motorized wheelchair or an electric personal assistive mobility device as defined by this title without obtaining a permit.
2. [Repealed.]
3. The Commissioner may permit the operation of a specially equipped motor vehicle, not otherwise registerable, by a person with a disability who holds an operator's license permitting the operation of that vehicle.

   Added 1963, No. 46 , §§ 1, 2, eff. April 19, 1963; amended 1971, No. 228 (Adj. Sess.), § 32; 1977, No. 156 (Adj. Sess.), eff. March 29, 1978; 1983, No. 5 ; 1989, No. 51 , § 14; 2001, No. 91 (Adj. Sess.), § 5; 2013, No. 96 (Adj. Sess.), § 143.

§ 312. Temporary registration pending issuance of certificate of title.

1. In his or her discretion, the Commissioner may issue a temporary registration certificate to a person required to obtain a certificate of title in accordance with chapter 21 of this title upon payment of the registration fee provided in subchapter 2 of this chapter and of the title fee. The temporary registration certificate and the number plate shall be valid for 60 days and shall not be renewed. At the expiration of the temporary registration, a permanent registration certificate and a set of number plates shall be issued, provided that all documents and information required by law are filed with the Commissioner.
2. The registration fee paid in accordance with subsection (a) of this section shall not be refunded, except that the fee shall be deemed the fee for the permanent registration, if one is issued, or shall be deemed the fee for an application to register another vehicle, if the title requirements are met during that registration period. Likewise, the title fee shall be deemed the fee for the title, if one is issued, or shall be deemed the fee for an application to title another vehicle.

   Added 1975, No. 49 , eff. April 15, 1975; amended 1995, No. 112 (Adj. Sess.), § 6; 2017, No. 71 , § 5.

§ 313. Commercial vehicle operation; denial of registration.

The Commissioner is authorized to refuse registration if a commercial motor vehicle is being operated by a commercial motor carrier that has been prohibited from operating in interstate commerce by an agency with authority to do so under federal law.

Added 2003, No. 26 , § 2.

§ 314. Commercial motor vehicles; registration; suspension or revocation.

The Commissioner is authorized to suspend or revoke the registration of a commercial motor vehicle if the commercial motor carrier responsible for safety has been prohibited from operating in interstate commerce by an agency with authority to do so under federal law.

Added 2003, No. 26 , § 3.

ARTICLE 2. Transfer of Ownership and Refunds

§ 321. Procedure upon transfer.

Upon the transfer of ownership of any registered motor vehicle, its registration shall expire. The person in whose name the transferred vehicle was registered shall immediately return to the Commissioner the registration certificate assigned to the transferred vehicle, with the date of transfer and the name and residence of the new owner endorsed on the back. However, the Commissioner may accept any other satisfactory evidence of the date of transfer and new ownership. The transferor shall immediately remove the registration number plates from the transferred vehicle and may attach the registration number plates to another unregistered motor vehicle owned by him or her and the owner or operator shall not, for a period of 60 days, be subject to a civil penalty for the operation of the latter motor vehicle without the proper registration certificate, provided he or she has, within 24 hours of the transfer, made application, as provided in section 323 of this title, for transfer of the registration number plates. If such application for transfer is not so received by the Commissioner, the number plates shall be returned to the Commissioner at the end of five days after the transfer of ownership.

Amended 1975, No. 68 , § 1, eff. April 18, 1975; 1987, No. 112 , § 8; 2017, No. 71 , § 6; 2019, No. 131 (Adj. Sess.), § 145.

§ 322. Failure to return certificate upon sale of vehicle.

Except as provided in section 321 of this title, a person shall return to the Commissioner of Motor Vehicles the registration certificate and number plates of any motor vehicle when the vehicle is sold or exchanged by the person, together with the notice of the sale, when required by this subchapter.

Amended 1971, No. 228 (Adj. Sess.), § 7; 1987, No. 112 , § 9.

§ 323. Transfer fees.

A person who transfers the ownership of a registered motor vehicle to another, upon the filing of a new application and upon the payment of a fee of $25.00, may have registered in his or her name another motor vehicle for the remainder of the registration period without payment of any additional registration fee, provided the proper registration fee of the motor vehicle sought to be registered is the same as the registration fee of the transferred motor vehicle. However, if the proper registration fee of the motor vehicle sought to be registered by such person is greater than the registration fee of the transferred motor vehicle, the applicant shall pay, in addition to such fee of $25.00, the difference between the registration fee of the motor vehicle previously registered and the proper fee for the registration of the motor vehicle sought to be registered.

Amended 1969, No. 276 (Adj. Sess.), § 3; 1975, No. 90 , § 2; 1979, No. 202 (Adj. Sess.), § 3, Pt. IV, eff. Sept. 1, 1980; 1989, No. 51 , § 15; 2001, No. 102 (Adj. Sess.), § 8, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), § 29; 2009, No. 50 , § 40; 2011, No. 128 (Adj. Sess.), § 13; 2015, No. 159 (Adj. Sess.), § 13.

§ 324. Use of old number plates.

When ownership of a motor vehicle is transferred, the transferer may attach the registration number plates to another motor vehicle owned by him or her and register the same in accordance with the provisions of sections 321, 323, and 325 of this title only if such transferred vehicle and such other vehicle are both of the pleasure car type, both motor trucks or tractors, both motor buses, or both motorcycles, except that a pleasure car registration and a truck registration shall be mutually transferable on payment of the difference in registration fees.

Amended 1965, No. 120 , § 3; 1975, No. 55 .

§ 325. Refund of part of old registration fee.

If the registration fee of the motor vehicle sought to be registered is less than the registration fee of the transferred motor vehicle, the Commissioner shall certify to the Commissioner of Finance and Management the facts pertinent to the difference of such registration fees, giving the name of the owner of such motor vehicle, his or her address, the amount of the original registration fee paid, the date of application for transfer, and the correct fee for the motor vehicle sought to be registered. The Commissioner of Finance and Management shall issue his or her warrant in favor of the owner for such percent of the difference in registration fees as the unexpired term bears to the entire registration period, but if a transfer of registration is made before the 15th day of any month, the transfer, for the purpose of the refund, shall be considered as having been made on the first day of such month. If such transfer of registration is made on or after the 15th day of any month, the transfer, for the purpose of the refund, shall be considered as having been made on the first day of the month following such application for transfer.

Amended 1977, No. 85 , § 4, eff. Sept. 1, 1977; 1983, No. 195 (Adj. Sess.), § 5(b).

§ 326. Refund upon loss of vehicle.

The Commissioner may cancel the registration of a motor vehicle when the owner thereof proves to his or her satisfaction that it has been totally destroyed by fire or, through crash or wear, has become wholly unfit for use and has been dismantled. After the Commissioner cancels the registration and the owner returns to the Commissioner either the registration certificate, or the number plates and the validation sticker, the Commissioner shall certify to the Commissioner of Finance and Management the fact of the cancellation, giving the name of the owner of the motor vehicle, his or her address, the amount of the registration fee paid, and the date of cancellation. The Commissioner of Finance and Management shall issue his or her warrant in favor of the owner for such percent of the registration fee paid as the unexpired term of the registration bears to the entire registration period, but in no case shall the Commissioner retain less than $5.00 of the fee paid.

Amended 1967, No. 129 , § 4; 1975, No. 90 , § 3; 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 206 (Adj. Sess.), § 2.

§ 327. Refund when plates not used.

Subject to the conditions set forth in subdivisions (1), (2), and (3) of this section, the Commissioner may cancel the registration of a motor vehicle, snowmobile, or motorboat when the owner returns to the Commissioner either the number plates, if any, or the registration certificate. Upon cancellation of the registration, the Commissioner shall notify the Commissioner of Finance and Management, who shall issue a refund as follows:

1. For registrations cancelled prior to the beginning of the registration period, the refund is the full amount of the fee paid, less a charge of $5.00.
2. For registrations cancelled within 30 days of the date of issue, the refund is the full amount of the fee paid, less a charge of $5.00. The owner of a motor vehicle must prove to the Commissioner's satisfaction that the number plates have not been used or attached to a motor vehicle.
3. For registrations cancelled prior to the beginning of the second year of a two-year registration period, the refund is one-half of the full amount of the two-year fee paid, less a charge of $5.00.

   Amended 1967, No. 129 , § 5; 1969, No. 276 (Adj. Sess.), § 4; 1987, No. 112 , § 6; 2001, No. 75 (Adj. Sess.), § 3; 2015, No. 158 (Adj. Sess.), § 59; 2017, No. 206 (Adj. Sess.), § 3.

§ 328. Repealed. 2015, No. 47, § 8.

§ 329. Refunds paid from motor vehicle fees.

The refunds mentioned in sections 325-327 of this title shall be paid from the fees turned into the State Treasury by the Department of Motor Vehicles.

Amended 2015, No. 47 , § 10.

§ 330. Transferring number plates.

1. Upon the transfer of ownership of a vehicle, the registration number plates may be attached to another vehicle that is being leased by the registrant for a period greater than 30 days. The lessor shall become the registrant.
2. Upon the termination of a lease of a vehicle, the registration number plates may be attached to another vehicle being leased by the lessee. The lessor of the new vehicle shall become the registrant.
3. Upon the termination of a lease of a vehicle, the registration number plates may be attached to a vehicle, including the leased vehicle, being purchased or owned by the lessee. The lessor shall be deleted from the registration.
4. For purposes of calculating fees, transactions pursuant to subsections (a) and (c) of this section shall be considered to be new registrations. Transactions pursuant to subsection (b) of this section shall be treated as registration transfers. A lessor shall not gain any rights in or to special number plates or reserved registration numbers through this process nor shall the prohibitions of subdivision 304(c)(3) of this title apply.

   Added 1995, No. 97 (Adj. Sess.), § 1, eff. April 10, 1996.

§ 361. Pleasure cars.

The annual fee for registration of any motor vehicle of the pleasure car type, and all vehicles powered by electricity, shall be $74.00, and the biennial fee shall be $136.00.

Amended 1961, No. 286 , § 1; 1981, No. 87 , § 6; 1989, No. 51 , § 16; 1993, No. 27 , § 8; 1995, No. 49 , § 2, eff. April 20, 1995; 2001, No. 102 (Adj. Sess.), § 9, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), § 30; 2009, No. 50 , § 41; 2011, No. 128 (Adj. Sess.), § 14; 2015, No. 159 (Adj. Sess.), § 14.

§ 362. Specialized fuel motor vehicles and motor buses.

The annual fee for the registration of any "specialized fuel driven motor vehicle" as defined in section 4 of this title and of motor buses as defined in section 3002 of this title shall be one and three-quarters times the amount of the annual fee provided for a motor vehicle of the classification and weight under the terms of this chapter.

Amended 1981, No. 172 (Adj. Sess.), § 2; 1993, No. 212 (Adj. Sess.), § 7; 2007, No. 75 , § 33.

§ 363. Converted motor vehicle.

When a motor vehicle of the pleasure car type is built over or converted into a motor vehicle designed for carrying merchandise or freight, such motor vehicle shall be registered at the pleasure car rate or at the truck rate as the Commissioner may, in the Commissioner's discretion, determine.

Amended 2021, No. 20 , § 231.

§ 364. Motorcycles.

The annual fee for registration of a motorcycle, with or without sidecar, shall be $46.00.

Amended 1981, No. 87 , § 7; 1989, No. 51 , § 17; 1989, No. 268 (Adj. Sess.), § 2, eff. June 21, 1990; 2001, No. 102 (Adj. Sess.), § 10, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), § 31; 2009, No. 50 , § 42; 2011, No. 128 (Adj. Sess.), § 15; 2015, No. 159 (Adj. Sess.), § 16.

§ 364a. Motor-driven cycles: registration; financial responsibility.

1. The annual fee for registration of a motor-driven cycle shall be $28.00.
2. Motor-driven cycle operators shall be subject to the provisions of section 801 of this title, which requires, in certain cases, that proof of financial responsibility be filed with the Commissioner after a crash.

   Added 1977, No. 20 , § 9; amended 1981, No. 87 , § 8; 1989, No. 51 , § 18; 2001, No. 102 (Adj. Sess.), § 11, eff. May 15, 2002; 2009, No. 152 (Adj. Sess.), § 19b, eff. Sept. 1, 2010; 2015, No. 159 (Adj. Sess.), § 17.

§ 364b. All-surface vehicles; registration.

1. The annual fee for registration of an all-surface vehicle (ASV) shall be the sum of the fees established by sections 3305 and 3504 of this title, plus $26.00.
2. Evidence of the registration shall be a sticker, as determined by the Commissioner, affixed to the plate issued pursuant to chapter 31 of this title.

   Added 2007, No. 184 (Adj. Sess.), § 3; amended 2015, No. 159 (Adj. Sess.), § 18.

§ 365. Hearse or ambulance.

The annual fee for registration of a hearse or ambulance, except ambulances owned by a municipality and used for police patrol purposes, shall be based on the pleasure car rate.

§ 366. Repealed. 2015, No. 158 (Adj. Sess.), § 78(1).

§ 367. Trucks.

1. 1. The annual fee for registration of tractors, truck-tractors, or motor trucks except truck cranes, truck shovels, road oilers, bituminous distributors, and farm trucks used as specified in subsection (f) of this section shall be based on the total weight of the truck-tractor or motor truck, including body and cab plus the heaviest load to be carried. In computing the fees for registration of tractors, truck-tractors, or motor trucks with trailers or semi-trailers attached, except trailers or semi-trailers with a gross weight of less than 6,000 pounds, the fee shall be based upon the weight of the tractor, truck-tractor, or motor truck, the weight of the trailer or semi-trailer, and the weight of the heaviest load to be carried by the combined vehicles. In addition to the fee set out in the following schedule, the fee for vehicles weighing between 10,000 and 25,999 pounds inclusive shall be an additional $35.50, the fee for vehicles weighing between 26,000 and 39,999 pounds inclusive shall be an additional $70.98, the fee for vehicles weighing between 40,000 and 59,999 pounds inclusive shall be an additional $248.48, and the fee for vehicles 60,000 pounds and over shall be an additional $390.48. The fee shall be computed at the following rates per 1,000 pounds of weight determined pursuant to this subdivision and rounded up to the nearest whole dollar; the minimum fee for registering a tractor, truck-tractor, or motor truck to 6,000 pounds shall be the same as for the pleasure car type: (a) (1)  The annual fee for registration of tractors, truck-tractors, or motor trucks except truck cranes, truck shovels, road oilers, bituminous distributors, and farm trucks used as specified in subsection (f) of this section shall be based on the total weight of the truck-tractor or motor truck, including body and cab plus the heaviest load to be carried. In computing the fees for registration of tractors, truck-tractors, or motor trucks with trailers or semi-trailers attached, except trailers or semi-trailers with a gross weight of less than 6,000 pounds, the fee shall be based upon the weight of the tractor, truck-tractor, or motor truck, the weight of the trailer or semi-trailer, and the weight of the heaviest load to be carried by the combined vehicles. In addition to the fee set out in the following schedule, the fee for vehicles weighing between 10,000 and 25,999 pounds inclusive shall be an additional $35.50, the fee for vehicles weighing between 26,000 and 39,999 pounds inclusive shall be an additional $70.98, the fee for vehicles weighing between 40,000 and 59,999 pounds inclusive shall be an additional $248.48, and the fee for vehicles 60,000 pounds and over shall be an additional $390.48. The fee shall be computed at the following rates per 1,000 pounds of weight determined pursuant to this subdivision and rounded up to the nearest whole dollar; the minimum fee for registering a tractor, truck-tractor, or motor truck to 6,000 pounds shall be the same as for the pleasure car type:
   2. Fractions of 1,000 pounds shall be computed at the next highest 1,000 pounds, excepting, however, fractions of hundredweight shall be disregarded.

   $15.20 when the weight exceeds 6,000 pounds but does not exceed 8,000 pounds.

   $17.39 when the weight exceeds 8,000 pounds but does not exceed 12,000 pounds.

   $19.17 when the weight exceeds 12,000 pounds but does not exceed 16,000 pounds.

   $20.50 when the weight exceeds 16,000 pounds but does not exceed 20,000 pounds.

   $21.46 when the weight exceeds 20,000 pounds but does not exceed 30,000 pounds.

   $21.92 when the weight exceeds 30,000 pounds but does not exceed 40,000 pounds.

   $22.45 when the weight exceeds 40,000 pounds but does not exceed 50,000 pounds.

   $22.65 when the weight exceeds 50,000 pounds but does not exceed 60,000 pounds.

   $23.42 when the weight exceeds 60,000 pounds but does not exceed 70,000 pounds.

   $24.21 when the weight exceeds 70,000 pounds but does not exceed 80,000 pounds.

   $24.99 when the weight exceeds 80,000 pounds but does not exceed 90,000 pounds.

2. The annual fee for registration of a category I special purpose vehicle shall be $178.00, and the annual fee for a category II special purpose vehicle shall be $415.00.
3. -(e)  [Repealed.]

   (f) (1) The annual fee for registration of a farm truck of a total weight, determined as provided in subsection (a) of this section, used only for the transportation of agricultural products produced on, and material to be used in connection with the operation of, a farm or farms owned, operated, or occupied by the registrant, or motor trucks that are agricultural custom service vehicles as defined in subdivision 4(70) of this title, shall be $40.00 if the total weight is less than 18,000 pounds. If the gross weight is at least 18,000 pounds but is less than 35,000 pounds, the fee shall be $61.00. If the gross weight is at least 35,000 pounds but does not exceed 60,000 pounds, the fee shall be $115.00. If the gross weight exceeds 60,000 pounds but does not exceed 80,000 pounds, the fee shall be $182.50.

   (2) In the event that a farm truck or agricultural custom service vehicle so registered is thereafter registered for general use during the same registration year, the fee or a pro rata portion thereof shall be applied toward the fee for general registration. The provisions of this subdivision shall not apply to licensed cattle and poultry dealers.

   (g) [Repealed.]

   (h) Loader backhoes used primarily for agricultural related purposes are exempt from the provisions of this section.

   (i) The annual fee for registration of a truck used for logging shall be determined pursuant to the provisions of subsection (a) of this section. Trucks used for logging shall be those motor vehicles used exclusively for the transportation of harvested forest products from a forested site.

   (j) [Repealed.]

   Amended 1961, No. 286 , § 2, eff. Aug. 1, 1961; 1963, No. 223 , § 3; 1964, No. 19 (Sp. Sess.), § 2, eff. March 9, 1964; 1965, No. 120 , § 1; 1973, No. 156 (Adj. Sess.), § 1, eff. March 15, 1974; 1977, No. 29 , eff. April 1, 1977; 1979, No. 46 , § 1, eff. April 26, 1979; 1979, No. 196 (Adj. Sess.), eff. May 6, 1980; 1981, No. 87 , § 10; 1981, No. 172 (Adj. Sess.), § 3; 1983, No. 112 (Adj. Sess.); 1983, No. 252 (Adj. Sess.), § 1; 1985, No. 85 , § 10; 1985, No. 124 (Adj. Sess.), § 4, eff. April 18, 1986; 1987, No. 145 (Adj. Sess.), § 2, eff. May 13, 1988; 1989, No. 51 , § 20; 1995, No. 119 (Adj. Sess.), § 1, eff. April 25, 1996; 2001, No. 69 , § 10, eff. Jan. 1, 2002; 2001, No. 75 (Adj. Sess.), § 4; 2001, No. 102 (Adj. Sess.), § 12; 2001, No. 139 (Adj. Sess.), § 3, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), §§ 32, 41; 2009, No. 50 , § 43; 2011, No. 128 (Adj. Sess.), § 16; 2015, No. 159 (Adj. Sess.), § 19; 2019, No. 131 (Adj. Sess.), § 146; 2021, No. 20 , § 232.

§ 367a. Special purpose truck plates; penalties.

The misuse of a vehicle registered under the provisions of a special purpose truck plate under the provisions of section 367 of this title shall be a traffic violation as defined in section 2302 of this title and shall be punishable by a civil penalty of $100.00 for a first offense and by a civil penalty of $200.00 for a second offense occurring within 12 months. Upon a conviction for a second offense, the owner shall be required to register the vehicle at the same rate as provided in subsection 367(a) of this title for other commercial trucks.

Added 1995, No. 119 (Adj. Sess.), § 2, eff. April 25, 1996; amended 2019, No. 131 (Adj. Sess.), § 147.

§ 367b. Use of wreckers.

A motor truck that is registered as a wrecker may tow a motor vehicle on the highway without the towed vehicle being required to be registered.

Added 2007, No. 20 , § 3.

§ 368. Misuse of farm registration.

1. A person shall not operate or move upon a highway a motor truck registered as a farm truck:
   1. with a gross weight, including load and vehicle, exceeding the weight for which it is registered under section 367 of this title; or
   2. for any purpose other than the transportation of agricultural products produced on, or materials to be used in connection with the operation of, a farm.
2. Any truck operated or moved in violation of this statute shall be required to be registered as a commercial truck and any person in violation of this section shall be assessed a civil penalty of not more than $175.00 for each offense.

   Amended 1971, No. 228 (Adj. Sess.), § 8; 1993, No. 65 , § 2; 2001, No. 139 (Adj. Sess.), § 4; 2019, No. 131 (Adj. Sess.), § 148.

§ 369. Tractors other than farm tractors.

The annual fee for registration of a tractor, except farm tractors as otherwise provided in this chapter, shall be based on the actual weight of such tractor at the same rate as that provided for trucks of like weight under the provisions of this chapter. The minimum fee for registering any tractor shall be $20.00.

Amended 1964, No. 19 (Sp. Sess.), § 3, eff. March 9, 1964; 1975, No. 213 (Adj. Sess.), § 1, eff. April 1, 1976; 1981, No. 87 , § 11; 1989, No. 51 , § 21; 2001, No. 139 (Adj. Sess.), § 5; 2015, No. 158 (Adj. Sess.), § 79.

§ 370. Farm trucks, tractors, and trailers.

1. Notwithstanding any other provisions of law relating to registration fees for motor vehicles or trailers, farm tractors and farm trailers may be operated on the highway without being subject to a registration fee.
2. Subsection (a) of this section shall not be construed to prevent unregistered farm trucks that are not "agricultural custom service vehicles" as defined in subdivision 4(70) of this title when being used exclusively for farm work:
   1. from being moved upon a highway within the confines of the farm; or
   2. from being moved upon highways from one farm to another.
3. Subsections (a) and (b) of this section shall not be construed to prevent the:
   1. operation of an unregistered tractor hired by a municipal corporation in the upkeep and maintenance of the highways; or
   2. operation of a tractor for plowing or removing snow from such highway within such corporation.
4. All farm trucks, other than those provided for in subsection (b) of this section, shall be subject to the registration requirements of subsection 367(f) of this title and shall be exempt from the permit requirements of sections 1400 and 1400a of this title, provided the gross weight of the farm truck does not exceed 60,000 pounds and the vehicle is in compliance with the provisions of subsection 1391(a) of this title.
5. A farm tractor or a farm trailer shall be exempt from the permit requirements of sections 1400 and 1400a of this title.

   Amended 1975, No. 213 (Adj. Sess.), § 2, eff. April 1, 1976; 2001, No. 139 (Adj. Sess.), § 6.

§ 371. Trailer and semi-trailer.

1. 1. The one-year and two-year fees for registration of a trailer or semi-trailer, except a contractor's trailer or farm trailer, shall be as follows: (a) (1)  The one-year and two-year fees for registration of a trailer or semi-trailer, except a contractor's trailer or farm trailer, shall be as follows:
      1. $27.00 and $51.00, respectively, when such trailer or semi-trailer has a gross weight of trailer and load of 1,500 pounds or less;
      2. $52.00 and $102.00, respectively, when such trailer or semi-trailer has a gross weight of trailer and load of more than 1,500 pounds and is drawn by a vehicle of the pleasure car type;
      3. $52.00 and $102.00, respectively, when such trailer or semi-trailer is drawn by a motor truck or tractor, when such trailer or semi-trailer has a gross weight of more than 1,500 pounds but less than 3,000 pounds;
      4. $52.00 and $102.00, respectively, when such trailer or semi-trailer is used in combination with a truck-tractor or motor truck registered at the fee provided for combined vehicles under section 367 of this title. Excepting for the fees, the provisions of this subdivision shall not apply to trailer coaches as defined in section 4 of this title nor to modular homes being transported by trailer or semi-trailer.
   2. The one-year and two-year fees for registration of a contractor's trailer shall be $197.00 and $394.00, respectively.
2. 1. A trailer or semi-trailer, except a farm trailer, may be registered for a period of five years for a fee equal to five times the annual fee established by subsection (a) of this section. (b) (1)  A trailer or semi-trailer, except a farm trailer, may be registered for a period of five years for a fee equal to five times the annual fee established by subsection (a) of this section.
   2. Any registration made for a period of five years shall cost the full fee regardless of the month in which the registration is made, but a five-year registration may be transferred or cancelled in the same manner as an annual registration.

      Amended 1963, No. 223 , § 4; 1964, No. 19 (Sp. Sess.), § 4, eff. March 9, 1964; 1967, No. 37 , § 1; 1975, No. 90 , § 4; 1981, No. 87 , § 12; 1983, No. 102 (Adj. Sess.), § 2; 1989, No. 51 , § 22; 2001, No. 102 (Adj. Sess.), § 13, eff. May 15, 2002; 2005, No. 175 (Adj. Sess.), § 33; 2009, No. 50 , § 44; 2011, No. 128 (Adj. Sess.), § 17; 2013, No. 57 , § 6; 2015, No. 159 (Adj. Sess.), § 20.

§ 371a. Exemptions from registration.

1. Notwithstanding any other provisions of law relating to registration fees for trailers, the following shall be exempt from registration:
   1. wood splitters; and
   2. pole dinkeys.
2. When any such trailer is used upon a public highway it shall have attached a red reflector that shall be so displayed as to be clearly visible from the rear, under normal atmospheric conditions, or a reflectorized slow moving vehicle symbol of a standard type approved by the Commissioner.
3. A person in violation of this section shall be assessed a civil penalty of not more than $25.00 for each offense.

   Added 1981, No. 72 ; amended 2019, No. 131 (Adj. Sess.), § 149.

§ 372. Motor bus.

The annual fee for registration of a motor bus shall be based on the actual weight of such bus, plus passenger carrying capacity at 150 pounds per person, and shall be $2.00 per 100 pounds of such weight, except for motor buses registered under section 372a or 376 of this title. Fractions of a hundred-weight shall be disregarded. The minimum fee for the registration of any motor bus shall be $43.00.

Amended 1981, No. 87 , § 13; 1989, No. 51 , § 23; 2009, No. 50 , § 74; 2015, No. 159 (Adj. Sess.), § 21.

§ 372a. Local transit public transportation service.

1. The annual registration fee for any motor bus used in local transit or public transportation service shall be $62.00, except for those vehicles owned by a municipality for such service that are subject to the provisions of section 376 of this title. In the event a bus registered for local transit or public transportation service is subsequently registered for general use during the same registration year, such fee shall be applied toward the fee for general registration.
2. As used in this section, a motor bus used in public transportation service is a motor bus used by a nonprofit public transit system as defined in 24 V.S.A. § 5088(3) , and a motor bus used in local transit is a motor bus used entirely within or not more than 100 miles beyond the boundaries of a city or town.

   Amended 1989, No. 51 , § 24; 2001, No. 102 (Adj. Sess.), § 14, eff. May 15, 2002; 2009, No. 50 , § 75; 2015, No. 159 (Adj. Sess.), § 22; 2017, No. 71 , § 7; 2017, No. 113 (Adj. Sess.), § 152; 2021, No. 20 , § 233.

§ 373. Exhibition vehicles; year of manufacture plates.

1. The annual fee for the registration of a motor vehicle that is maintained for use in exhibitions, club activities, parades, and other functions of public interest and that is not used for general daily transportation of passengers or property on any highway shall be $21.00, in lieu of fees otherwise provided by law. Permitted use shall include:
   1. use in exhibitions, club activities, parades, and other functions of public interest; and
   2. occasional transportation of passengers or property not more than one day per week.
2. Pursuant to the provisions of section 304 of this title, one registration plate shall be issued to those vehicles registered under subsection (a) of this section.
3. Vermont registration plates issued prior to 1968 may be displayed on a motor vehicle registered under this section instead of the plate issued under this section, if the issued plate is maintained within the vehicle and produced upon request of any enforcement officer as defined in subdivision 4(11) of this title.

   Amended 1981, No. 87 , § 14; 1989, No. 51 , § 25; 1989, No. 82 , § 2; 2001, No. 102 (Adj. Sess.), § 15, eff. May 15, 2002; 2009, No. 50 , § 96; 2015, No. 158 (Adj. Sess.), § 60; 2015, No. 159 (Adj. Sess.), § 23; 2017, No. 71 , § 8.

§ 374. Jitney.

The annual fee for registration of a jitney designed to carry not more than seven persons, including the operator, shall be the same as is required for the registration of a motor vehicle of the pleasure car type. When a jitney is designed to carry more than seven passengers, including the operator, the fee shall be the same as is required for the registration of a motor bus of like passenger carrying capacity.

§ 375. Repealed. 1971, No. 150 (Adj. Sess.), § 3, eff. Jan. 1, 1973.

§ 376. State, municipal, fire department, and rescue organization motor vehicles.

1. A fee shall not be charged for registration of motor vehicles owned by the State.
2. The fee for registration of a motor vehicle owned by any municipality in this State and used entirely by it or any other municipality for municipal purposes shall be $12.00 in lieu of fees otherwise specified in this chapter. As used in this subsection, the term municipality shall include county-owned vehicles. The Commissioner shall issue specially designed registration plates for county-owned sheriffs' departments' vehicles.
3. The registration fee for registration of a motor truck, trailer, ambulance, or other motor vehicle, owned by a volunteer fire department or other volunteer fire fighting organization or other organization conducting rescue operations and used solely for fire fighting or rescue purposes shall be $12.00 in lieu of fees otherwise specified in this chapter. A motor vehicle or trailer registered under this section shall be plainly marked on both sides of the body or cab to indicate its ownership.
4. The use of a school bus owned by a municipality in this State, whether or not that use is compensated, shall be considered a municipal purpose within the meaning of this section.
5. [Repealed.]
6. A replacement registration plate shall be provided by the Commissioner upon the payment of a fee of $9.00.
7. 1. The fee for registration of a motor vehicle obtained from the government as excess government property, or a vehicle purchased with 100 percent federal funds and used for federally supported local programs, shall be $14.00, in lieu of fees otherwise specified in this chapter.  The Commissioner shall determine the eligibility as to whether or not the motor vehicle qualifies for this registration and ownership of the vehicle shall be plainly marked on both sides of the body or cab. (g) (1)  The fee for registration of a motor vehicle obtained from the government as excess government property, or a vehicle purchased with 100 percent federal funds and used for federally supported local programs, shall be $14.00, in lieu of fees otherwise specified in this chapter.  The Commissioner shall determine the eligibility as to whether or not the motor vehicle qualifies for this registration and ownership of the vehicle shall be plainly marked on both sides of the body or cab.
   2. The registration of a vehicle used for other than federally supported local programs shall be revoked.

      Amended 1961, No. 50 , eff. April 1, 1962; 1963, No. 190 ; 1967, No. 129 , § 10; 1971, No. 150 (Adj. Sess.), § 2, eff. Jan. 1, 1973; 1975, No. 192 (Adj. Sess.), § 2; 1977, No. 258 (Adj. Sess.), § 3, eff. April 19, 1978; 1979, No. 42 ; 1979, No. 190 (Adj. Sess.), § 2; 1981, No. 87 , § 15; 1989, No. 51 , § 26; 1989, No. 82 , § 3, eff. Jan. 1, 1990; 1997, No. 39 , § 6; 2015, No. 159 (Adj. Sess.), § 24.

§ 377. Government-owned vehicles.

The Commissioner shall have authority to issue registration certificates and registration number plates without charge to passenger car vehicles, not otherwise required to be registered under the provisions of this title, owned by the U.S. government, other states, or provinces.

Amended 2019, No. 131 (Adj. Sess.), § 150.

§ 378. Veterans' exemptions.

No fees shall be charged an honorably discharged veteran of the U.S. Armed Forces who is a resident of the State of Vermont for the registration of a motor vehicle that the veteran has acquired with financial assistance from the U.S. Department of Veterans Affairs, or for the registration of a motor vehicle owned by him or her during his or her lifetime obtained as a replacement thereof, when his or her application is accompanied by a copy of an approved VA Form 21-4502 issued by the U.S. Department of Veterans Affairs certifying him or her to be entitled to the financial assistance.

Amended 1975, No. 38 , § 1; 2017, No. 206 (Adj. Sess.), § 4.

§§ 379, 380. Repealed. 1979, No. 34, § 4, eff. Nov. 1, 1979.

§ 381. Fees turned over to State Treasurer.

1. Except as otherwise provided, all fees for registering motor vehicles, licensing operators, and all other motor vehicle fees shall be collected by the Commissioner and forthwith paid into the State Treasury or deposited to such bank to the credit of the State Treasurer as he or she may direct.
2. -(d)  [Repealed.]

   (e) Whenever a payment is received that is less than, but within $0.99 of, the required fee, the transaction shall be processed. The Commissioner may determine that action will not be taken to collect the missing portion of the fee. When a payment up to $1.00 greater than the required fee is received, the excess shall not be refunded.

   Amended 1987, No. 89 , § 309; 1987, No. 241 (Adj. Sess.), § 12; 1991, No. 89 ; 1997, No. 61 , § 240; 2011, No. 164 (Adj. Sess.), § 3.

§ 382. Diesel-powered pleasure cars.

Notwithstanding any other provision of law, the annual registration fee for a pleasure car or tractor, truck-tractor, or motor truck up to 6,000 pounds powered by fuel as defined in section 3002 of this title shall be $74.00, and the biennial fee shall be $136.00.

Added 1999, No. 154 (Adj. Sess.), § 10; amended 2015, No. 159 (Adj. Sess.), § 25.

§ 411. Repealed. 2015, No. 158 (Adj. Sess.), § 62.

§ 412. Repealed. 1975, No. 218 (Adj. Sess.), § 6, eff. Oct. 1, 1976.

§ 412a. Repealed. 2011, No. 46, § 17.

§ 413. Repealed. 2015, No. 50, § 29.

§ 414. Special permits for foreign public utilities.

The Commissioner may issue to public utilities operating in this State, for a nominal fee, a special permit for vehicles engaged in emergency repair work in this State, provided such vehicles are registered in some other state, have registration plates attached, and are driven by an individual licensed to operate motor vehicles in this or some other state.

Amended 2019, No. 131 (Adj. Sess.), § 151.

§ 415. Nondiesel fuel user's license.

1. In addition to any other provision of law relating to registration of motor trucks with a gross weight of 18,000 pounds or over and powered by gasoline or any other nondiesel fuel, or fees paid therefor, a person owning or operating a motor truck upon the highways of the State, registered in this State, shall apply to the Commissioner of Motor Vehicles for a nondiesel fuel user's license for each such motor truck to be so operated. Application shall be made upon a form prescribed by such Commissioner and shall set forth such information as the Commissioner may require. The application shall be accompanied by a license fee of $6.50 for each motor truck listed in the application. However, any license issued under this section prior to July 1, 1990 shall remain in effect for the term of the issuance. The Commissioner shall issue a license and an identification tag, plate, or sticker for each such motor truck, which tag, plate, or sticker shall be of such size and design and contain such information as the Commissioner shall prescribe. Except as otherwise provided, any such license and tag, plate, or sticker shall become void on January 1 next following the date of issue. Such licenses shall be carried in the motor truck, and the tag, plate, or sticker shall be affixed to said motor truck and at all times be visible and legible. This section shall not apply to motor trucks owned by federal, State, provincial, or municipal governments nor to motor trucks, otherwise required to be licensed under this section, that are being operated under the provisions of sections 463 or 516 of this title.
2. A person owning or operating a motor truck as defined in subsection (a) of this section that is registered in this State and for which the fees required under section 367 of this title have been paid shall not be required to obtain the license or pay the fee as required in subsection 367(a) of this title until his or her next registration renewal and annually thereafter.
3. [Repealed.]
4. Upon approval of the Commissioner, one-way rental vehicles with a gross vehicle weight of 26,000 pounds or less are exempt from carrying the nondiesel fuel user's license in the motor vehicle and are exempt from displaying the identification tag, plate, or sticker on or in the motor vehicle.

   Amended 1969, No. 214 (Adj. Sess.), eff. March 25, 1970; 1971, No. 226 (Adj. Sess.), § 1; 1975, No. 218 (Adj. Sess.), § 1, eff. Oct. 1, 1976; 1977, No. 12 , § 1, eff. March 14, 1977; 1981, No. 87 , § 18, eff. June 1, 1981; 1981, No. 172 (Adj. Sess.), § 4; 1985, No. 58 , § 10; 1985, No. 124 (Adj. Sess.), § 10, eff. April 18, 1986; 1987, No. 109 , § 1; 1987, No. 283 (Adj. Sess.), § 1; 1989, No. 46 , § 1, eff. May 5, 1989; 1989, No. 51 , § 27; 1989, No. 51 , § 27a, eff. July 1, 1990; 1991, No. 137 (Adj. Sess.), § 1; 1993, No. 210 (Adj. Sess.), § 256a; 1993, No. 212 (Adj. Sess.), § 8; 2013, No. 189 (Adj. Sess.), § 15.

§ 415a. Repealed. 1981, No. 172 (Adj. Sess.), § 5, eff. Dec. 1, 1982.

§ 416. Suspension and revocation.

The Commissioner, for cause, may deny a permit or suspend or revoke any permit issued by him or her. Hearings on any action by the Commissioner under this section may be had pursuant to the provisions of sections 105-107 of this title.

§§ 417-419. Repealed. 2013, No. 189 (Adj. Sess.), § 27.

§ 420. Motor truck defined.

As used in sections 415, 416, 420, and 421 of this title, the words "motor truck" shall include any motor vehicle having a gross weight of 18,000 pounds or over, designed and used for the transportation of merchandise or freight.

§ 421. Penalties.

1. It shall be unlawful for any person:
   1. to operate a motor truck subject to the provisions of this chapter upon any public highway in the State without first obtaining the license and tag, plate, or marker required under section 415 of this title or to so operate without carrying the license and displaying the tag, plate, or marker if issued;
   2. [Repealed.]
   3. to fail to file any return or report required by the Commissioner; or
   4. to make a false return or fail to keep records of operations as may be required by the Commissioner.
2. Any person who violates any provision of subsection (a) of this section, upon first conviction, shall be punishable by a civil penalty of not less than $100.00 or more than $250.00; and upon a second or subsequent conviction of a violation occurring within one year after a previous conviction of any provision of subsection (a), by a fine of not less than $250.00 or more than $500.00 or by imprisonment for not more than 30 days, or both.

   Amended 1975, No. 218 (Adj. Sess.), § 5, eff. Oct. 1, 1976; 1977, No. 12 , § 4, eff. March 14, 1977; 1979, No. 34 , § 5, eff. Nov. 1, 1979; 1981 (Adj. Sess.), No. 172, § 8, eff. March 1, 1983; 1985, No. 58 , § 8; 2013, No. 189 (Adj. Sess.), § 28; 2019, No. 131 (Adj. Sess.), § 152.

§ 422. Repealed. 2013, No. 189 (Adj. Sess.), § 27.

§ 423. Repealed. 2015, No. 158 (Adj. Sess.), § 78(2).

§ 450. Definition.

As used in this subchapter, "vehicle or motorboat" means a motor vehicle, snowmobile, motorboat, or all-terrain vehicle.

Added 2015, No. 50 , § 2.

§ 450a. Dealer registration; eligibility.

1. A person shall not be eligible to register as a dealer unless the person:
   1. Has no previous record of willful violations of dealer laws or regulations in this or any other jurisdiction.
   2. For initial and renewal applicants, has not had a conviction or been incarcerated for a conviction for extortion, forgery, fraud, larceny, or embezzlement in this or any other jurisdiction within the 10 years prior to the application.
   3. Has no unsatisfied judgments against the person arising out of violations of consumer protection laws in Vermont or any other jurisdiction.
   4. Owns real estate (as defined in 1 V.S.A. § 132 ) as his or her place of business or has a lease with an expiration date not earlier than the last day of the registration year for which registration is sought under the provisions of this subchapter, which includes a building of at least 1,200 square feet in size used primarily for the business of the dealership. The building shall have adequate facilities for the maintenance of the records required by law to be kept including those required by section 466 of this title.
2. In addition to the requirements of subsection (a) of this section, a person shall not be eligible to register as a dealer in cars, motor trucks, motorcycles, or motor-driven cycles unless the person presents proof of compliance with the provisions of section 800 of this title at the time application for registration is made.
3. In addition to the requirements of subsections (a) and (b) of this section, a person shall not be eligible to register as a dealer in cars or motor trucks unless the person is open for business at least 146 days during the calendar year. The applicant shall provide the Commissioner with the hours of operation of the business that the person shall maintain during the registration period at the time of the application.

   Added 2015, No. 50 , § 2.

§ 451. Dealer's certificate.

1. Instead of registering each motor vehicle owned by him or her, a dealer may apply under oath to the Commissioner, upon forms prescribed and furnished by the Commissioner for that purpose, and accompanied by such additional information and certifications as the Commissioner may reasonably require, for a general distinguishing number for such motor vehicles. If the Commissioner is satisfied that the applicant meets all the requirements of section 4 and chapter 7 of this title and is qualified to engage in such business, the Commissioner may issue to the applicant a certificate of registration containing the name, place of residence, and address of such applicant, the general distinguishing number assigned, and such additional information as the Commissioner may determine. If a dealer has a place of business or agency in more than one city or town, he or she shall file an application and secure a certificate of registration for each place of business or agency. The place of business or agency shall mean a place in any town where motor vehicles owned by a dealer are regularly kept or exposed for sale in the custody or control of the dealer or a salesman, employee, or agent of such dealer. In his or her discretion, the Commissioner may assign the same distinguishing number with more than one certificate to any dealer who has separate places of business within the same or an adjacent city or town within Vermont. The Commissioner may allow a dealer having one distinguishing number with more than one certificate to maintain only one central area for the maintenance of records required by law to be kept, including those required by section 466 of this title and for the transfer of motor vehicles. This location must be in Vermont and must be disclosed on the application prior to approval and may be changed only with the approval of the Commissioner or his or her agent. Dealer registration plates shall contain letters indicating the type of dealer certificate issued before the distinguishing number.
2. With the prior approval of the Commissioner, a Vermont dealer may display vehicles on a temporary basis, but in no instance for more than 14 consecutive days, at a fair, show, exhibition, or other off-site location. New vehicles may only be displayed off-site within the manufacturer's stated area of responsibility in the franchise agreement. No sales may be transacted at these off-site locations. A dealer desiring to display vehicles temporarily at an off-site location shall notify the Commissioner in a manner prescribed by the Commissioner no less than two days prior to the first day for which approval is requested.
3. A dealer in new or used motor vehicles may temporarily transfer possession of a vehicle owned by the dealer on consignment to a registered auction dealer or Vermont licensed auctioneer to be sold at public or private wholesale auction by the auction dealer or Vermont licensed auctioneer.
4. The issuance of snowmobile, motorboat, and all-terrain vehicle dealer registrations are governed by this chapter and sections 3204, 3305, and 3504 of this title, respectively.

   Amended 1965, No. 204 , § 2; 1995, No. 19 , § 11, eff. April 17, 1995; 1995, No. 112 (Adj. Sess.), § 7, eff. April 22, 1996; 1999, No. 31 , § 3; 2013, No. 57 , § 8; 2015, No. 50 , § 2.

§ 452. Expiration.

Unless otherwise specifically provided or unless canceled, revoked, or suspended, dealers' registrations and certificates shall become void one year from the first day of the month of issue. The Commissioner may renew dealer registrations for two years and may stagger expiration dates.

Amended 1965, No. 70 , § 5; 1999, No. 31 , § 4.

§ 453. Fees and number plates.

1. 1. An application for registration as a dealer in new or used cars or motor trucks shall be accompanied by a fee of $503.00 for each certificate issued in such dealer's name. The Commissioner shall furnish free of charge with each dealer's registration certificate three number plates showing the distinguishing number assigned such dealer. The Commissioner may furnish additional plates according to the volume of the dealer's sales in the prior year or, in the case of an initial registration, according to the dealer's reasonable estimate of expected sales, as follows: (a) (1)  An application for registration as a dealer in new or used cars or motor trucks shall be accompanied by a fee of $503.00 for each certificate issued in such dealer's name. The Commissioner shall furnish free of charge with each dealer's registration certificate three number plates showing the distinguishing number assigned such dealer. The Commissioner may furnish additional plates according to the volume of the dealer's sales in the prior year or, in the case of an initial registration, according to the dealer's reasonable estimate of expected sales, as follows:
      1. under 20 sales: 0 additional plates;
      2. 20-49 sales: 1 additional plate;
      3. 50-99 sales: up to 5 additional plates;
      4. 100-249 sales: up to 12 additional plates;
      5. 250-499 sales: up to 17 additional plates;
      6. 500-749 sales: up to 27 additional plates;
      7. 750-999 sales: up to 37 additional plates;
      8. 1,000-1,499 sales: up to 47 additional plates;
      9. 1,500 or more: up to 57 additional plates.
   2. If the issuance of additional plates is authorized under subdivision (1) of this subsection, up to two plates shall be provided free of charge, and the Commissioner shall collect $55.00 for each additional plate thereafter.
2. Application by a "dealer in farm tractors or other self-propelled farm implements," which shall mean a person actively engaged in the business of selling or exchanging new or used farm tractors or other self-propelled farm implements, for such dealer registration shall annually be accompanied by a fee of $78.00. The Commissioner shall furnish free of charge with each such dealer registration certificate two sets of number plates showing the distinguishing number assigned such dealer and in his or her discretion may furnish further sets of plates at a fee of $12.00 per set; such number plates may, however, be displayed only upon a farm tractor or other self-propelled farm implement.
3. Application by a "dealer in motorized highway building equipment and road making appliances," which shall mean a person actively engaged in the business of selling or exchanging new or used motorized highway building equipment or road making appliances, for such dealer registration shall annually be accompanied by a fee of $123.00. The Commissioner shall furnish free of charge with each such dealer registration certificate two sets of number plates showing the distinguishing number assigned such dealer and in his or her discretion may furnish further sets of plates at a fee of $30.00 per set; such number plates may, however, be displayed only upon motorized highway building equipment or road making appliances.
4. If a dealer is engaged only in the business of selling or exchanging motorcycles or motor-driven cycles, the registration fee shall be $62.00, which shall include three number plates. The Commissioner may, in his or her discretion, furnish further sets of plates at a fee of $10.00 for each set.
5. If a dealer is engaged only in the business of selling or exchanging trailers, semi-trailers, or trailer coaches, the registration fee shall be $123.00, which shall include three number plates; such number plates may, however, be displayed only upon a trailer, semi-trailer, or trailer coach. The Commissioner may, in his or her discretion, furnish further plates at a fee of $10.00 for each such plate.
6. In any year that number plates are reused and validation stickers are issued, the Commissioner shall not be required to issue new number plates to persons renewing registrations under this section.
7. The Commissioner of Motor Vehicles shall not issue a dealer's certificate of registration to a dealer in new or used motor vehicles, unless the dealer has provided the Commissioner with a surety bond, letter of credit, or certificate of deposit issued by an entity authorized to transact business in the same state. The amount of such surety bond, letter of credit, or certificate of deposit shall be between $20,000.00 and $35,000.00, based on the number of new or used units sold in the previous year; such schedule is to be determined by the Commissioner of Motor Vehicles. In the case of a certificate of deposit, it shall be issued in the name of the dealer and assigned to the Commissioner or his or her designee. The bond, letter of credit, or certificate of deposit shall serve as indemnification for any monetary loss suffered by the State or by a purchaser of a motor vehicle by reason of the dealer's failure to remit to the Commissioner any fees collected by the dealer under the provisions of chapters 7 and 21 of this title or by a dealer's failure to remit to the Commissioner any tax collected by the dealer under 32 V.S.A. chapter 219. This State or the motor vehicle owner who suffers such loss or damage shall have the right to claim against the surety upon the bond or against the letter of credit or certificate of deposit. The bond, letter of credit, or certificate of deposit shall remain in effect for the pending registration year and one year thereafter. The liability of any such surety or claim against the letter of credit or certificate of deposit shall be limited to the amount of the fees or tax collected by the dealer under chapters 7 and 21 of this title or 32 V.S.A. chapter 219 and not remitted to the Commissioner.
8. Applications by a snowmobile, motorboat, or all-terrain vehicle dealer shall be accompanied by the fees prescribed in sections 3204, 3305, and 3504 of this title, respectively.

   Amended 1961, No. 286 , § 4; 1967, No. 129 , § 6; 1977, No. 81 , § 3, eff. April 27, 1977; 1981, No. 87 , § 16; 1987, No. 190 (Adj. Sess.), § 2; 1989, No. 51 , § 29; 2001, No. 102 (Adj. Sess.), § 16, eff. May 15, 2002; 2009, No. 152 (Adj. Sess.), § 13; 2009, No. 152 (Adj. Sess.), § 19c, eff. Sept. 1, 2010; 2013, No. 189 (Adj. Sess.), § 29; 2015, No. 50 , § 2; 2015, No. 159 (Adj. Sess.), § 26.

§ 454. Dealer's use of vehicles or motorboats.

1. A motor vehicle owned by a dealer may be operated, while so owned, under the distinguishing number assigned to him or her as provided in this subchapter, for the following purposes and uses:
   1. For the purpose of testing or adjusting the vehicle in the immediate vicinity of his or her place of business.
   2. For some purpose directly connected with the dealer business, purchasing, selling, or exchanging motor vehicles by the dealer. The words "directly connected" for the purposes of this subdivision shall not be construed to include towing service unless the disabled vehicle is being towed to or from the dealer's place of business for repair purposes, nor shall it include the transport of crushed vehicles unless all of the vehicles being so transported are properly recorded in the records of the dealer as required by section 466 of this title.
   3. For a demonstration when the prospective purchaser is operating the vehicle, and then only for a period not to exceed three days.
   4. For the temporary accommodation of a customer of the dealer when a motor vehicle properly registered under the law of the state of residence of the customer, because of crash or wear, is disabled and is left with the dealer for repairs and then only for a period not exceeding seven days.
   5. For the private pleasure use of the dealer and members of his or her immediate family residing in the same household.
   6. For the use of the vehicles at funerals or in public parades when no charge or rental is made for the use.
2. The word "dealer" for the purposes of subdivision (a)(5) of this section shall include such of the principal officers of a corporation registered as dealer and such of the partners in a co-partnership registered as dealer as are actively and principally engaged in the motor vehicle business and in any event shall include only those persons listed on the application for a registered dealer submitted to the Department, but shall not include directors and stockholders nor inactive and silent partners.
3. A snowmobile, motorboat, or all-terrain vehicle dealer may only use a dealer's number plate or dealer registration number in accordance with sections 3204, 3305, and 3504 of this title, respectively.

   Amended 1965, No. 204 , § 9; 1975, No. 218 (Adj. Sess.), §§ 7a, 7b, eff. April 1, 1976; 1995, No. 112 (Adj. Sess.), § 8, eff. April 22, 1996; 2015, No. 50 , § 2.

§ 455. Use by others than dealer.

A person, other than a dealer, shall not operate a motor vehicle under the provisions of section 454 of this title unless such person carries a written authority so to do signed by the dealer whose motor vehicle such person is operating.

§ 456. Employees' use of vehicles, motorboats restricted.

Employees of a dealer shall not operate, and a dealer shall not permit them to operate, vehicles or motorboats with dealer's registration number plates or registration numbers displayed thereon, except for business purposes of the dealer, or in traveling directly between their homes and the place of their employer's business.

Amended 1995, No. 112 (Adj. Sess.), § 9, eff. April 22, 1996; 2015, No. 50 , § 2.

§ 457. Temporary plates.

At the time of the issuance of a registration certificate to a dealer as provided in this chapter, the Commissioner shall furnish the dealer with a sufficient number of number plates and temporary validation stickers, temporary number plates, or temporary decals for use during the 60-day period immediately following sale of a vehicle or motorboat by the dealer. The plates and decals shall have the same general design as the plates or decals furnished individual owners, but the plates and decals may be of a material and color as the Commissioner may determine. The Commissioner shall collect a fee of $5.00 for each temporary plate issued.

Amended 1967, No. 356 (Adj. Sess.), § 2; 1969, No. 276 (Adj. Sess.), § 5; 1975, No. 68 , § 2, eff. April 18, 1975; 1985, No. 30 , § 1; 1989, No. 51 , § 30; 1997, No. 39 , § 3; 2001, No. 102 (Adj. Sess.), § 17, eff. May 15, 2002; 2015, No. 47 , § 11; 2015, No. 159 (Adj. Sess.), § 27.

§ 458. Temporary plate on sold or exchanged vehicles.

On the day of the sale or exchange of a motor vehicle, motorboat, snowmobile, or all-terrain vehicle to be registered in this State, a dealer may issue to the purchaser, for attachment to the motor vehicle, snowmobile, or all-terrain vehicle, or to be carried in or on the motorboat, a number plate with temporary validation stickers, a temporary number plate, or a temporary decal, provided that the purchaser deposits with such dealer, for transmission to the Commissioner, a properly executed application for the registration of such motor vehicle, motorboat, snowmobile, or all-terrain vehicle and the required fee. If a properly licensed purchaser either attaches to the motor vehicle, snowmobile, or all-terrain vehicle or carries in the motorboat such number plate or decal, he or she may operate the same for a period not to exceed 60 consecutive days immediately following the purchase. An individual shall not operate a motor vehicle, motorboat, snowmobile, or all-terrain vehicle with a number plate with temporary validation stickers, a temporary number plate, or a temporary decal attached to the motor vehicle or carried in the motorboat except as provided in this section.

Amended 1967, No. 356 (Adj. Sess.), § 3; 1975, No. 68 , § 3, eff. April 18, 1975; 1997, No. 39 , § 4; 2015, No. 47 , § 12; 2019, No. 131 (Adj. Sess.), § 153.

§ 459. Notice, application, and fees to Commissioner.

1. Upon issuing a number plate with temporary validation stickers, a temporary number plate, or a temporary decal to a purchaser, a dealer shall have 15 calendar days, or up to 30 calendar days as applicable pursuant to subsection 2015(b) of this title, to forward to the Commissioner the application and fee, deposited with him or her by the purchaser, together with notice of such issue and such other information as the Commissioner may require.
2. If a number plate with temporary validation stickers, a temporary registration plate, or a temporary decal is not issued by a dealer in connection with the sale or exchange of a vehicle or motorboat, the dealer may accept from the purchaser a properly executed registration, tax, and title application and the required fees for transmission to the Commissioner. The dealer shall have 15 calendar days, or up to 30 calendar days as applicable pursuant to subsection 2015(b) of this title, to forward to the Commissioner the application and fee together with such other information as the Commissioner may require.

   Amended 1987, No. 190 (Adj. Sess.), § 3; 1999, No. 31 , § 5; 2009, No. 152 (Adj. Sess.), § 13; 2015, No. 47 , § 13; 2019, No. 60 , § 21.

§ 460. Dealer's use of temporary plates restricted.

A dealer shall not use, attach, or issue temporary number plates except as provided in sections 458, 459, and 463 of this title.

§ 461. Destruction of temporary plates.

Unless otherwise directed by the Commissioner, at the expiration of the period of 60 days, the purchaser shall destroy the temporary number plates.

Amended 1967, No. 356 (Adj. Sess.), § 4; 1975, No. 68 , § 4, eff. April 18, 1975; 1997, No. 39 , § 5.

§ 462. Cancellation, revocation, or suspension of dealer's registration.

1. The Commissioner may cancel, revoke, or suspend the registration of a dealer under the provisions of this chapter or section 3204, 3305, or 3504 of this title whenever, after the dealer has been afforded the opportunity of a hearing before the Commissioner or upon conviction in any court in any jurisdiction, it appears that the dealer has willfully violated any vehicle or motorboat law of this State or any lawful regulation of the Commissioner applying to dealers, or when it appears that the dealer has engaged in fraudulent or unlawful practices related to the purchase, sale, or exchange of vehicles or motorboats. A dealer whose registration has been canceled, revoked, or suspended shall forthwith return to the Commissioner the registration certificate and any and all number plates or numbers or decals furnished him or her by the Commissioner, and the privilege to operate, purchase, sell, or exchange vehicles or motorboats under his or her dealer's number shall cease. An application for a new dealer's registration for that dealer will not be considered until a revocation period has been served.
2. A fee of $30.00 shall be paid to the Commissioner prior to the reinstatement of any dealer's registration that has been suspended for cause.

   Amended 1965, No. 204 , § 4; 1987, No. 190 (Adj. Sess.), § 4; 1997, No. 59 , § 74, eff. June 30, 1997; 1999, No. 31 , § 6; 2015, No. 50 , § 2.

§ 463. Sale of vehicle to go out of State.

A registered motor vehicle dealer is authorized to issue an in-transit registration permit for the purpose of movement over the highways of certain motor vehicles otherwise required to be registered when these vehicles are sold in this State to be transported to and registered in another state or province. The Commissioner of Motor Vehicles shall, upon request, provide registered motor vehicle dealers with such numbers of applications and special in-transit number plates for vehicles sold in this State to be transported to and registered in another state or province as shall be necessary. The Commissioner is authorized to charge a fee of $6.00 for the processing of the plate application and the issuance of the plate. The dealer, upon the sale of a motor vehicle to be transported to and registered in another state or province, shall cause the application to be filled out and transmitted to the Commissioner and shall attach to the vehicle the in-transit number plate corresponding to the application. No registered motor vehicle dealer shall sell, exchange, give, or transfer any application or in-transit plate to any person other than the person to whom the dealer sells or exchanges a motor vehicle to be registered in another state or province. The application shall be in a form prescribed and furnished by the Commissioner. The special in-transit number plate to be attached to the vehicle will be issued in the form and design as prescribed by the Commissioner and shall be valid for a period of 30 days from the date of issue.

Amended 1967, No. 356 (Adj. Sess.), § 5; 1975, No. 68 , § 5, eff. April 18, 1975; 1977, No. 173 (Adj. Sess.), § 2; 1979, No. 30 , § 1, eff. April 17, 1979; 1985, No. 30 , § 2; 1989, No. 51 , § 31; 2001, No. 102 (Adj. Sess.), § 18, eff. May 15, 2002; 2003, No. 35 , § 1; 2009, No. 50 , § 45; 2015, No. 159 (Adj. Sess.), § 28.

§ 464. Return of number plates by dealer.

If a dealer comes into possession of a motor vehicle the registration of which has expired by reason of the provisions of section 321 of this title, and that has number plates attached, he or she shall immediately return such number plates to the Commissioner.

Amended 2019, No. 131 (Adj. Sess.), § 154.

§ 465. Loaning of plates, vehicles, or motorboats prohibited.

A dealer shall not lend or lease registration certificates, validation stickers, numbers, decals, or number plates that have been assigned to him or her under the provisions of this chapter, nor shall he or she lend or lease a vehicle or motorboat to which his or her dealer's decals, numbers, or number plates have been attached, nor lend or lease his or her dealer's decals, numbers, or number plates to a subagent.

Amended 1999, No. 31 , § 7; 2015, No. 50 , § 2.

§ 466. Records; custodian.

1. On a form prescribed or approved by the Commissioner, every licensed dealer shall maintain and retain for six years a record containing the following information, which shall be open to inspection by any law enforcement officer or motor vehicle inspector or other agent of the Commissioner during reasonable business hours:
   1. Every vehicle or motorboat that is bought, sold, or exchanged by the licensee or received or accepted by the licensee for sale or exchange.
   2. Every vehicle or motorboat that is bought or otherwise acquired and dismantled by the licensee.
   3. The name and address of the person from whom such vehicle or motorboat was purchased or acquired, the date thereof, the name and address of the person to whom any such vehicle or motorboat was sold or otherwise disposed of and the date thereof, and a sufficient description of every such vehicle or motorboat by name and identifying numbers thereon to identify the same.
   4. [Repealed.]
2. Every licensed dealer shall designate a custodian of documents who shall have primary responsibility for administration of documents required to be maintained under this title. In the absence of the designated custodian, the dealer shall have an ongoing duty to make such records available for inspection by any law enforcement officer or motor vehicle inspector or other agent of the Commissioner during reasonable business hours.

   Amended 1969, No. 259 (Adj. Sess.), § 10; 1999, No. 31 , § 8; 2005, No. 143 (Adj. Sess.), § 3; 2011, No. 46 , § 1; 2015, No. 50 , § 2; 2017, No. 206 (Adj. Sess.), § 19, eff. May 30, 2018.

§ 467. Dealer duty to report sales, return expired plates.

On a form prescribed by the Commissioner, a dealer shall send the reports of sale to the Commissioner upon the sale and relative to his or her sale or exchange of new or used vehicles or motorboats, and return to the Commissioner number plates coming into his or her possession through the sale or exchange of a motor vehicle, the registration of which has expired under the provisions of section 321 of this title.

Amended 1999, No. 31 , § 9; 2015, No. 50 , § 2.

§ 468. General prohibition.

A dealer shall not operate a vehicle or motorboat nor permit the same to be operated under dealer's registration numbers, except as specifically permitted in this chapter or under section 3204, 3305, or 3504 of this title. No charge shall be made for any permitted use.

Amended 1999, No. 31 , § 10; 2015, No. 50 , § 2.

§§ 469-471. Repealed. 1995, No. 188 (Adj. Sess.), § 4.

§ 472. Evidence of authorization.

The Commissioner shall issue suitable documents of authorization of dealership that shall be displayed at the dealer's place of business.

Added 1965, No. 204 , § 8.

§ 473. When registration is allowed, required; penalties.

1. A person shall not engage in the business of selling or exchanging vehicles or motorboats, as defined in subdivision 4(8) of this title, without a dealer registration and obtaining dealer plates or motorboat registrations in accordance with the provisions of this subchapter and, if applicable, section 3204, 3305, or 3504 of this title. A person may register as a dealer only if he or she is engaged in the business of selling or exchanging vehicles or motorboats as defined in subdivision 4(8) of this title or, in the case of an initial registration, if the person's reasonable estimate of expected sales or exchanges satisfies the minimum thresholds under subdivision 4(8) of this title. A person who violates this section shall be subject to the penalties established pursuant to section 475 of this title.
2. A person who misrepresents himself or herself as a dealer in the purchase, sale, or exchange of a vehicle or motorboat without registering as a dealer, or after the cancellation, suspension, or revocation of the dealer's registration, or who makes misrepresentations to the Department in order to qualify for registration, shall be subject to the penalties established pursuant to section 475 of this title.

   Added 1965, No. 204 , § 7; 1985, No. 12 , § 2; amended 1987, No. 190 (Adj. Sess.), § 7; 1989, No. 204 (Adj. Sess.), § 2; 1999, No. 31 , § 11; 2015, No. 50 , § 2.

§ 474. Repealed. 1979, No. 30, § 3, eff. April 17, 1979.

§ 475. Administrative penalties.

1. The Commissioner may impose an administrative penalty of not more than $500.00 for each violation against a dealer or a transporter who violates the provisions of this subchapter.
2. Each violation is a separate and distinct offense, and, in the case of a continuing violation, each day's continuance may be deemed a separate and distinct offense. In no event shall the maximum amount imposed for a continuing offense exceed $1,000.00.
3. The Commissioner shall adopt rules establishing a schedule of administrative penalties to be imposed under this section. Penalties shall be based on the severity and frequency of the violation.
4. The alleged violator shall be given notice and opportunity for a hearing. Service of the notice shall be sufficient if sent by first-class mail to the address stated on the dealer's certificate of registration. The notice shall include the following:
   1. a factual description of the alleged violation;
   2. a reference to the particular statute allegedly violated;
   3. the amount of the proposed administrative penalty; and
   4. a warning that the person will be deemed to have waived his or her right to a hearing, that the penalty will be imposed if no hearing is requested within 15 days from date of notice, and that failure to pay a penalty may result in suspension of his or her license.
5. A person who receives notice under subsection (d) of this section shall be deemed to have waived the right to a hearing unless, within 15 days from the date of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the Commissioner shall issue a final order finding the person in default and imposing the penalty.
6. The provisions of sections 105, 106, and 107 of this title shall apply to hearings conducted under this section.
7. The Commissioner may collect an unpaid administrative penalty by filing a civil action in Superior Court or through any other means available to State agencies.
8. If a penalty is not paid within 60 days after it is imposed, the Commissioner may suspend any license, certificate, registration, or permit issued under this subchapter.
9. The remedies authorized by this section shall be in addition to any other civil or criminal remedies provided by law for violation of this subchapter.

   Added 1999, No. 31 , § 12.

§ 476. Motor vehicle warranty fee.

A motor vehicle warranty fee of $6.00 is imposed on the registration of each new motor vehicle in this State, not including trailers, tractors, motorized highway building equipment, road-making appliances, snowmobiles, motorcycles, motor-driven cycles, or trucks with a gross vehicle weight over 12,000 pounds.

Added 2009, No. 50 , § 56; amended 2009, No. 152 (Adj. Sess.), § 19d, eff. Sept. 1, 2010; 2015, No. 159 (Adj. Sess.), § 29.

§§ 481-485. Repealed. 1969, No. 259 (Adj. Sess.), § 12.

§ 491. Transporter application; eligibility; use of transporter plates.

1. A transporter may apply for and the Commissioner of Motor Vehicles, in his or her discretion, may issue a certificate of registration and a general distinguishing number plate. Before a person may be registered as a transporter, he or she shall present proof:
   1. of compliance with section 800 of this title; and
   2. that he or she either owns or leases a permanent place of business located in this State where business will be conducted during regularly established business hours and the required records stored and maintained.
2. When he or she displays thereon his or her transporter's registration plate, a transporter or his or her employee or contractor may transport a motor vehicle owned by the transporter, repossessed, or temporarily in the transporter's custody, and it shall be considered to be properly registered under this title. Transporter's registration plates shall not be used for any other purposes and shall not be used by the holder of such number plates for personal purposes.

   Added 1965, No. 106 , § 2(a), eff. Feb. 1, 1966; amended 1969, No. 258 (Adj. Sess.), § 2, eff. May 1, 1970; 2015, No. 50 , § 2.

§ 492. Certificate; expiration.

A transporter's registration certificate shall contain the name, place of residence, and address of the applicant; the distinguishing number assigned; and such further information as the Commissioner may determine. It shall expire on the last day of February next following the date of issue.

Added 1965, No. 106 , § 2(b), eff. Feb. 1, 1966.

§ 493. Loan of plates prohibited.

A transporter shall not loan a number plate issued to him or her under this article.

Added 1965, No. 106 , § 3, eff. Feb. 1, 1966.

§ 494. Fees.

The annual fee for a transporter's registration certificate, number plate, or validation sticker is $123.00.

Added 1965, No. 106 , § 4, eff. Feb. 1, 1966; amended 1967, No. 129 , § 8; 1981, No. 87 , § 17; 1989, No. 51 , § 32; 2001, No. 102 (Adj. Sess.), § 19, eff. May 15, 2002; 2015, No. 159 (Adj. Sess.), § 30.

§ 495. Suspension of registration.

The Commissioner may cancel a registration certificate issued to a transporter whenever, after hearing before the Commissioner or upon conviction in any court in this State, the Commissioner finds that the transporter has violated any motor vehicle law in this State or any lawful regulation of the Commissioner applying to transporters. A transporter whose certificate has been cancelled shall forthwith return to the Commissioner the registration certificate and the number plates furnished him or her by the Commissioner.

Added 1965, No. 106 , § 5, eff. Feb. 1, 1966.

§ 496. Written records.

Every transporter shall keep a written record, upon forms prescribed and furnished by the Commissioner for that purpose, of the motor vehicles upon which such transporter plate is used and the date and time during which each plate is used on a particular motor vehicle, which record shall be open to inspection by any law enforcement officer.

Added 1969, No. 258 (Adj. Sess.), § 3, eff. May 1, 1970.

§ 497. Rulemaking.

The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25 consistent with this chapter as may be necessary to carry their provisions into effect. The rules may prescribe what shall be requisite to obtaining or retaining a dealer registration and may, by way of illustration and not limitation, include requirements regarding maintenance of knowledge of regulatory criteria, training standards, convictions, ownership or leasehold interests in real estate, facilities, hours and days of operation, proof of compliance with any other applicable laws or rules, and any other matter or thing that, in the Commissioner's judgment, will contribute to the registration and reasonable regulation of dealers in order to promote business, prevent fraud, and encourage fair and honest competition.

Added 1999, No. 31 , § 13.

§ 511. Manner of display.

1. Number plates.  A motor vehicle operated on any highway shall have displayed in a conspicuous place either one or two number plates as the Commissioner may require. Such number plates shall be furnished by the Commissioner and shall show the number assigned to such vehicle by the Commissioner. If only one number plate is furnished, the same shall be securely attached to the rear of the vehicle. If two are furnished, one shall be securely attached to the rear and one to the front of the vehicle. The number plates shall be kept entirely unobscured, and the numerals and letters thereon shall be plainly legible at all times. They shall be kept horizontal, shall be so fastened as not to swing, excepting, however, there may be installed on a motor truck or truck tractor a device that would, upon contact with a substantial object, permit the rear number plate to swing toward the front of the vehicle, provided such device automatically returns the number plate to its original rigid position after contact is released, and the ground clearance of the lower edges thereof shall be established by the Commissioner pursuant to the provisions of 3 V.S.A. chapter 25.
2. Validation sticker.  A registration validation sticker shall be unobstructed and shall be affixed as follows:
   1. for vehicles issued registration plates with dimensions of approximately 12 x 6 inches, in the lower right corner of the rear registration plate; and
   2. for vehicles issued a registration plate with a dimension of approximately 7 x 4 inches, in the upper right corner of the rear registration plate.
3. Violation.  A person shall not operate a motor vehicle unless number plates and a validation sticker are displayed as provided in this section.
4. Failure to display a validation sticker.  An operator cited for violating subsection (c) of this section with respect to failure to display a validation sticker on a pleasure car, motorcycle, or truck that could be registered for less than 26,001 pounds shall be subject to a civil penalty of not more than $5.00, which penalty shall be exempt from surcharges under 13 V.S.A. § 7282(a) , if he or she is cited within the 14 days following the expiration of the motor vehicle's registration.
5. Temporary and in-transit registration plates.  A motor vehicle issued a temporary or in-transit registration plate under sections 312, 458, 463, and 516-518 of this title operated on any highway shall have the temporary or in-transit registration plate displayed horizontally in a conspicuous place on the rear of the vehicle, including in the rear window. The temporary or in-transit registration plate shall be kept entirely unobscured, and the numerals and letters thereon shall be plainly legible at all times.

   Amended 1979, No. 125 (Adj. Sess.), § 2, eff. April 15, 1980; 2013, No. 189 (Adj. Sess.), § 4; 2019, No. 60 , § 32; 2021, No. 76 , § 1, eff. Sept. 8, 2020.

§ 512. Trailer or semi-trailer.

When a trailer or semi-trailer is being drawn by a registered motor vehicle, the rear number plate assigned to such trailer or semi-trailer shall be displayed on the rear of such trailer or semi-trailer and shall be illuminated at night as provided in section 1248 of this title for the lighting of rear number plates on motor vehicles.

Amended 2015, No. 47 , § 14.

§ 513. Misuse of plates.

Except as provided in section 321 of this title, an owner of a motor vehicle shall not attach or cause to be attached to the vehicle number plates that were not assigned by the Commissioner of Motor Vehicles. A person shall not operate a motor vehicle, except as provided in section 321 of this title, to which number plates are attached that were not assigned to the vehicle by the Commissioner of Motor Vehicles. An inspector of motor vehicles and any enforcement officer shall have authority to remove from a motor vehicle any plates that have been attached in violation of the provisions of this section.

Amended 2005, No. 167 (Adj. Sess.), § 1, eff. May 20, 2006.

§ 514. Replacement number plates.

1. In case of the loss of a number plate, the owner of the motor vehicle to which it was assigned shall immediately notify the Commissioner of such loss, and the Commissioner shall furnish such owner with a new plate. The fee charged shall be $12.00 for each plate. The owner of a motor vehicle who has lost one number plate may operate his or her vehicle with only one number plate attached, until a new plate is furnished him or her, provided he or she notified the Commissioner as required under this section.
2. Any replacement number plate shall be issued at a fee of $12.00. However, if the Commissioner, in his or her discretion, determines that a plate has become illegible as a result of deficiencies in the manufacturing process or by use of faulty materials, the replacement fee shall be waived.

   Amended 1969, No. 276 (Adj. Sess.), § 6; 1981, No. 81 , § 1, eff. May 5, 1981; 1989, No. 51 , § 33; 2001, No. 102 (Adj. Sess.), § 20, eff. May 15, 2002; 2005, No. 72 , § 12; 2011, No. 46 , § 4; 2015, No. 159 (Adj. Sess.), § 31; 2019, No. 131 (Adj. Sess.), § 155.

§ 515. Repealed. 1989, No. 137 (Adj. Sess.), § 2.

§ 516. Sale of vehicle to go out of State by a person other than dealer.

The Commissioner of Motor Vehicles is authorized to issue an in-transit registration permit for the purpose of movement over the highways of certain motor vehicles otherwise required to be registered when the vehicles are sold in this State by a person, other than a registered motor vehicle dealer, to be transported to and registered in another state or province. The registration may be obtained by submitting an application on a form prescribed and furnished by the Commissioner of Motor Vehicles. The Commissioner is authorized to charge a fee of $6.00 for the processing of the application and the issuance of the plate. The in-transit registration plate pursuant to this section shall be valid for a period of 30 days from issuance and shall be in the form and design prescribed by the Commissioner of Motor Vehicles. Issuance of an in-transit plate for vehicles sold by a registered motor vehicle dealer to a person to be transported to and registered in another state or province shall be governed by the provisions of section 463 of this title.

Added 1979, No. 30 , § 2, eff. April 17, 1979; amended 1985, No. 30 , § 3; 1995, No. 120 (Adj. Sess.), § 3; 2003, No. 35 , § 2; 2015, No. 159 (Adj. Sess.), § 32.

§ 517. Intrastate in-transit permit.

The Commissioner may issue an intrastate in-transit registration permit to authorize the movement within Vermont of a motor vehicle otherwise required to be registered, if the vehicle is sold in this State by a person other than a registered motor vehicle dealer. The permit may be obtained after submission of an application on a form prescribed and furnished by the Commissioner and payment of a $6.00 fee. The permit shall be valid for a period of 10 days from the date of issuance and shall be in the form and design prescribed by the Commissioner.

Added 2015, No. 159 (Adj. Sess.), § 33.

§ 518. Electronic issuance of temporary plate and temporary registration.

1. Issuance of plate and registration; length.  The Commissioner is authorized to electronically issue a temporary plate and temporary registration to be printed by the owner of a motor vehicle for the purpose of movement over the highways of certain motor vehicles otherwise required to be registered when the vehicles are sold by a person other than a registered motor vehicle dealer. The temporary plate and temporary registration issued pursuant to this section shall be valid for a period of 60 days from issuance and shall be in the form and design prescribed by the Commissioner.
2. Form of application; fee.  The temporary plate and temporary registration may be obtained by submitting an application under oath on a form prescribed and furnished by the Commissioner, which shall require the applicant to attest to compliance with the provisions of section 800 of this title and provide any other proof of the identity of the vehicle the Commissioner reasonably requires. The Commissioner is authorized to charge a fee of $6.00 for the processing of the application and the issuance of the temporary plate and temporary registration.
3. [Repealed.]

   Added 2019, No. 149 (Adj. Sess.), § 4; amended 2021, No. 76 , § 2, eff. Sept. 8, 2020.

§§ 561-567. Repealed. 2007, No. 75, § 35(c).

§§ 581-584. Repealed. 2007, No. 75, § 35(c).

§ 601. License required.

1. 1. Except as otherwise provided by law, a resident shall not operate a motor vehicle on a highway in Vermont unless he or she holds a valid license issued by the State of Vermont. A new resident who has moved into the State from another jurisdiction and who holds a valid license to operate motor vehicles under section 208 of this title shall procure a Vermont license within 60 days of moving to the State. Except as provided in subsection 603(d) of this title, licenses shall not be issued to nonresidents. (a) (1)  Except as otherwise provided by law, a resident shall not operate a motor vehicle on a highway in Vermont unless he or she holds a valid license issued by the State of Vermont. A new resident who has moved into the State from another jurisdiction and who holds a valid license to operate motor vehicles under section 208 of this title shall procure a Vermont license within 60 days of moving to the State. Except as provided in subsection 603(d) of this title, licenses shall not be issued to nonresidents.
   2. In addition to any other requirement of law, a nonresident as defined in section 4 of this title shall not operate a motor vehicle on a Vermont highway unless:
      1. he or she holds a valid license or permit to operate a motor vehicle issued by another U.S. jurisdiction; or
      2. he or she holds a valid license or permit to operate a motor vehicle from a jurisdiction outside the United States and:
         1. is at least 18 years of age, is lawfully present in the United States, and has been in the United States for not more than one year; and
         2. he or she possesses an international driving permit.
2. All operator's licenses issued under this chapter shall expire, unless earlier cancelled, at midnight on the eve of the second or fourth anniversary of the date of birth of the license holder following the date of issue. Renewed licenses shall expire at midnight on the eve of the second or fourth anniversary of the date of birth of the license holder following the date the renewed license expired. All junior operator's licenses shall expire, unless earlier cancelled, at midnight on the eve of the second anniversary of the date of birth of the license holder following the date of issue. A person born on February 29 shall, for the purposes of this section, be considered as born on March 1.
3. At least 30 days before a license is scheduled to expire, the Commissioner shall mail first class to the licensee or send the licensee electronically an application for renewal of the license; a cardholder shall be sent the renewal notice by mail unless the cardholder opts in to receive electronic notification. A person shall not operate a motor vehicle unless properly licensed.
4. The Commissioner may, in his or her discretion, determine that certain types of motor vehicles require that an operator possess specialized skill or knowledge to operate those vehicles so that the public safety may not be endangered. If the Commissioner so determines, he or she may prescribe different classes of licenses for the operation of particular types of vehicles. The Commissioner is authorized to make rules prescribing forms and procedures for applications, license classifications, restrictions, endorsements, examinations, driver training requirements, and disqualifications consistent with this title as necessary to carry out the provisions of this section.
5. A motor-driven cycle may be operated only by a licensed driver at least 16 years of age.
6. Operators of autocycles shall be exempt from the requirements to obtain a motorcycle learner's permit or a motorcycle endorsement. The Commissioner shall offer operators of three-wheeled motorcycles that are not autocycles the opportunity to obtain a motorcycle endorsement that authorizes the operation of three-wheeled motorcycles only.
7. A person who violates this section commits a traffic violation, except that a person who violates this section after a previous conviction under this section within the prior two years shall be subject to imprisonment for not more than 60 days or a fine of not more than $5,000.00, or both. An unsworn printout of the person's Vermont motor vehicle conviction history may be admitted into evidence to prove a prior conviction under this section.

   Amended 1966, No. 38 (Sp. Sess.), § 1; 1967, No. 86 , § 1; 1977, No. 20 , § 10; 1981, No. 130 (Adj. Sess.), § 1; 1989, No. 51 , § 34; 1989, No. 239 (Adj. Sess.), § 3; 1991, No. 88 , § 2; 2003, No. 56 , § 71, eff. June 4, 2003; 2003, No. 154 (Adj. Sess.), § 4; 2005, No. 188 (Adj. Sess.), § 3; 2007, No. 153 (Adj. Sess.), § 40; 2007, No. 188 (Adj. Sess.), § 5; 2009, No. 152 (Adj. Sess.), § 19e, eff. Sept. 1, 2010; 2013, No. 189 (Adj. Sess.), §§ 33, 35; 2015, No. 147 (Adj. Sess.), § 17; 2015, No. 158 (Adj. Sess.), § 63; 2017, No. 71 , § 10, eff. June 8, 2017; 2017, No. 206 (Adj. Sess.), § 17; 2019, No. 60 , §§ 8, 13.

§ 602. Exceptions for farm tractors and highway equipment.

1. No person may operate a farm tractor or motorized highway building equipment upon a public highway without first procuring from the Commissioner of Motor Vehicles a license to operate motor vehicles, except that a person may operate a farm tractor upon a public highway in going to and from different parts of the farm of the owner of the farm tractor without obtaining a license.
2. Notwithstanding subsection (a) of this section, a person operating a farm tractor upon the public highways in going to and from different parts of the farm of the owner of the farm tractor or a person operating motorized highway building equipment upon the public highways within a construction area under the provisions of this section is subject to sections 602, 602a, 674, 1007, 1071, 1091, 1094, 1095, 1125, 1126, 1127, and 1201-1210 of this title.
3. A person operating a farm tractor upon the public highways, except when going to and from different parts of the farm of the owner of the farm tractor, or a person operating motorized highway building equipment upon the public highways outside a construction area, is, while so operating, subject to all of the provisions of this title.

   Amended 1967, No. 361 (Adj. Sess.), § 1; 1971, No. 258 (Adj. Sess.), § 5, eff. March 1, 1973; 2001, No. 139 (Adj. Sess.), § 7.

§ 602a. Age requirement.

A person 12 years of age or older may operate a farm tractor under the provisions of section 602 of this title.

Added 1967, No. 361 (Adj. Sess.), § 2.

§ 603. Application for and issuance of license.

1. 1. The Commissioner or his or her authorized agent may license operators and junior operators when an application, on a form prescribed by the Commissioner, signed and sworn to by the applicant for the license, is filed with him or her, accompanied by the required license fee and any valid license from another state or Canadian jurisdiction is surrendered. (a) (1)  The Commissioner or his or her authorized agent may license operators and junior operators when an application, on a form prescribed by the Commissioner, signed and sworn to by the applicant for the license, is filed with him or her, accompanied by the required license fee and any valid license from another state or Canadian jurisdiction is surrendered.
   2. The Commissioner may, however, in his or her discretion, refuse to issue a license to any person whenever he or she is satisfied from information given him or her by credible persons, and upon investigation, that the person is mentally or physically unfit or, because of his or her habits or record as to crashes or convictions, is unsafe to be trusted with the operation of motor vehicles. A person refused a license under the provisions of this subsection shall be entitled to hearing as provided in sections 105-107 of this title.
   3. Any new or renewal application form shall include a space for the applicant to request that a "veteran" designation be placed on his or her license certificate. An applicant who requests the designation shall provide a Department of Defense Form 214 or other proof of veteran status specified by the Commissioner.
   4. Any new or renewal application form shall provide for and request the information required in 17 V.S.A. § 2145a .
2. Before issuing an operator's license, junior operator's license, or learner's permit to an applicant, the Commissioner shall obtain driving record information through the National Driver Register and from each state in which the person has been licensed or has been issued a learner's permit.
3. An operator's license, junior operator's license, or learner's permit shall not be issued to an applicant whose license, learner's permit, or privilege to operate is suspended, revoked, or canceled in any jurisdiction.
4. Except as provided in subsection (e) of this section:
   1. A citizen of a foreign country shall produce his or her passport and visa, alien registration receipt card (green card), or other proof of legal presence for inspection and copying as a part of the application process for an operator's license, junior operator's license, or learner's permit.
   2. An operator's license, junior operator's license, or learner's permit issued to a citizen of a foreign country shall expire coincidentally with his or her authorized duration of stay.
5. 1. A citizen of a foreign country unable to establish legal presence in the United States who furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and who satisfies all other requirements of this chapter for obtaining a license or permit, shall be eligible to obtain an operator's privilege card, a junior operator's privilege card, or a learner's privilege card. (e) (1)  A citizen of a foreign country unable to establish legal presence in the United States who furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and who satisfies all other requirements of this chapter for obtaining a license or permit, shall be eligible to obtain an operator's privilege card, a junior operator's privilege card, or a learner's privilege card.
   2. The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant's name, date of birth, and place of birth. The Commissioner may prescribe the documents or combination of documents that meets these criteria. However, the Commissioner shall accept a combination of two or more of the following documents to establish the name, date of birth, and place of birth of an applicant:
      1. a valid foreign passport, with or without a U.S. Customs and Border Protection entry form or stamp;
      2. a valid consular identification document issued by the government of Mexico or of Guatemala or by any other government with comparable security standards and protocols, as determined by the Commissioner;
      3. a certified record of the applicant's birth, marriage, adoption, or divorce, including a translation if necessary.
   3. The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant's Vermont residence. The Commissioner may prescribe the documents or combination of documents that meets these criteria. However, the Commissioner shall accept the following combinations of documents as proof of Vermont residence:
      1. 1. two pieces of mail received by the applicant within the prior 30 days with the applicant's current name and residential Vermont address; and (A) (i) two pieces of mail received by the applicant within the prior 30 days with the applicant's current name and residential Vermont address; and
         2. at least one of the documents specified in subdivision (B) of this subdivision (3); or
      2. two of the following that show name and residential Vermont address:
         1. a vehicle title or registration;
         2. a document issued by a financial institution, such as a bank statement;
         3. a document issued by an insurance company or agent, such as an insurance card, binder, or bill;
         4. a document issued by an educational institution, such as a transcript, report card, or enrollment confirmation;
         5. federal tax documents, such as W-2 or 1099 forms;
         6. State tax documents, such as an IN-111; and
         7. medical health records, receipts, or bills.
6. Persons able to establish lawful presence in the United States but who otherwise fail to comply with the requirements of the REAL ID Act of 2005, Pub. L. No. 109-13, §§ 201-202, shall be eligible for an operator's privilege card, a junior operator's privilege card, or a learner's privilege card, provided the applicant furnishes reliable proof of Vermont residence and of name, date of birth, and place of birth, and satisfies all other requirements of this chapter for obtaining a license or permit. The Commissioner shall require applicants under this subsection to furnish a document or a combination of documents that reliably proves the applicant's Vermont residence and his or her name, date of birth, and place of birth.
7. The Commissioner may adopt policies or rules related to the issuance of privilege cards under this section that balance accessibility with mechanisms to prevent fraud. The Commissioner shall consider adopting the appointment system procedures used in other states to prevent and deter fraud with regard to proof of residency.
8. A privilege card issued under this section shall:
   1. on its face bear the phrase "privilege card" and text indicating that it is not valid for federal identification or official purposes; and
   2. expire at midnight on the eve of the second birthday of the applicant following the date of issuance or, at the option of an applicant for an operator's privilege card and upon payment of the required four-year fee, at midnight on the eve of the fourth birthday of the applicant following the date of issuance.
9. Every applicant for or holder of a privilege card under this section shall be subject to all of the provisions of this title that apply to applicants and holders of operator's licenses, junior operator's licenses, and learner permits, except where the context clearly requires otherwise.

   Amended 1987, No. 62 , § 3; 1989, No. 84 , § 4; 1995, No. 70 (Adj. Sess.), § 1, eff. Feb. 14, 1996; 1997, No. 55 , § 6, eff. June 26, 1997; 2003, No. 109 (Adj. Sess.), § 3; 2003, No. 154 (Adj. Sess.), § 16; 2007, No. 61 , § 5; 2011, No. 46 , § 5, eff. Jan. 1, 2012; 2013, No. 57 , § 14; 2013, No. 74 , § 1, eff. Jan. 1, 2014; 2013, No. 189 (Adj. Sess.), § 8; 2015, No. 80 (Adj. Sess.), § 5, eff. July 1, 2017; 2015, No. 158 (Adj. Sess.), § 80; 2017, No. 71 , § 9, eff. June 8, 2017; 2017, No. 71 , § 10.

§ 604. Repealed. 1977, No. 118 (Adj. Sess.), § 12, eff. Feb. 3, 1978.

§ 605. Repealed. 2015, No. 158 (Adj. Sess.), § 78(3).

§ 606. Age limit.

An operator's license shall not be issued to any person under 18 years of age. Any person who has previously held a junior operator's license in Vermont prior to application for a license under this section shall have held that license for a minimum of six months or until age 18 and maintained a record without any suspensions, revocations, or recalls for the six-month period preceding licensure under this section.

Amended 1959, No. 195 , § 1; 1999, No. 140 (Adj. Sess.), § 1.

§ 607. Junior operator's license.

1. A junior operator's license may be issued initially only to persons who:
   1. are 16 and 17 years of age;
   2. have passed the driver examination required in subchapter 2 of this chapter and a driver education and training course approved by the Commissioner of Motor Vehicles and the Secretary of Education;
   3. have:
      1. possessed a learner's permit for not less than one year;
      2. submitted on a form provided by the Department of Motor Vehicles that is approved by the Commissioner, and certified by the operator's licensed parent or guardian, licensed or certified driver education instructor, or licensed person at least 25 years of age that there was at least 40 hours of practice behind the wheel, at least 10 of which was nighttime driving and that the operator was accompanied by his or her licensed parent or guardian, a licensed or certified driver education instructor, or another licensed individual at least 25 years of age, riding in the front passenger seat; and
      3. maintained a driving record without a learner's permit suspension, revocation, or recall for six consecutive months prior to licensure.
2. An applicant for a junior operator's license shall not be given a license unless his or her parent, guardian, or a person standing in loco parentis to him or her files a written consent with the Commissioner.
3. Any junior operator's license may be renewed. Notwithstanding the provisions of any other law, a renewed junior operator's license shall not be required to meet the requirements of subsection 610(b) of this title.

   Amended 1959, No. 195 , § 1; 1966, No. 65 (Sp. Sess.), § 6; 1999, No. 140 (Adj. Sess.), § 2; 2005, No. 90 (Adj. Sess.), § 1, eff. Feb. 24, 2006; 2013, No. 92 (Adj. Sess.), § 268, eff. Feb. 14, 2014; 2019, No. 60 , § 3.

§ 607a. Recall of learner's permit or junior operator's license.

1. A learner's permit or junior operator's license shall contain an admonition that it is recallable and that the later procurement of an operator's license is conditional on the establishment of a record that is satisfactory to the Commissioner and showing compliance with the motor vehicle laws of this and other states. The Commissioner may recall any permit or license issued to a minor whenever he or she is satisfied, from information provided by a credible person and upon investigation, that the operator is mentally or physically unfit or, because of his or her habits or record as to crashes or convictions, is unsafe to be trusted with the operation of motor vehicles. On recommendation of a diversion or reparative board, the Commissioner may recall the learner's permit or junior operator's license of a person in a diversion or reparative program for up to 30 days. The Commissioner shall also recall any learner's permit or junior operator's license for 30 days when an operator is adjudicated of a single texting violation under section 1099 of this title, 90 days following adjudication of a single speeding violation resulting in a three-point assessment, 90 days when a total of six points has been accumulated, or 90 days when an operator is adjudicated of a violation of subsection 614(c) or 615(a) of this title. When a learner's permit or junior operator's license is so recalled, it shall be reinstated upon expiration of a specific term and, if required by the Commissioner, when the person has passed a reexamination approved by the Commissioner.
2. When a license or permit is recalled under the provisions of this section, the person whose license or permit is so recalled shall have the same right of hearing before the Commissioner as is provided in subsection 671(a) of this title.
3. Except for a recall based solely upon the provisions of subsection (d) of this section, any recall of a license or permit may extend past the operator's 18th birthday. While the recall is still in effect, that operator shall be ineligible for any operator's license.
4. The Commissioner shall recall a learner's permit or junior operator's license upon written request of the individual's custodial parent or guardian.
5. Any recall period under this section shall run concurrently with any suspension period imposed under chapter 13 of this title.

   Added 1959, No. 195 , §§ 1, 2; amended 1971, No. 184 (Adj. Sess.), § 8, eff. March 29, 1972; 1999, No. 140 (Adj. Sess.), § 3; 2009, No. 150 (Adj. Sess.), § 3, eff. June 1, 2010; 2013, No. 57 , § 9.

§ 608. Fees.

1. The four-year fee required to be paid the Commissioner for licensing an operator of motor vehicles or for issuing an operator's privilege card shall be $51.00. The two-year fee required to be paid the Commissioner for licensing an operator or for issuing an operator's privilege card shall be $32.00, and the two-year fee for licensing a junior operator or for issuing a junior operator's privilege card shall be $32.00.
2. An additional fee of $3.00 per year shall be paid for a motorcycle endorsement. The endorsement may be obtained for either a two-year or four-year period, to be coincidental with the length of the operator's license.

   Amended 1965, No. 154 , § 2, eff. Sept. 1, 1965; 1967, No. 86 , § 2; 1975, No. 193 (Adj. Sess.), § 2; 1981, No. 130 (Adj. Sess.), § 2; 1989, No. 51 , § 35; 1989, No. 268 (Adj. Sess.), § 4, eff. June 21, 1990; 2001, No. 102 (Adj. Sess.), § 21, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 6; 2005, No. 175 (Adj. Sess.), § 34; 2009, No. 50 , § 46; 2011, No. 128 (Adj. Sess.), § 18; 2013, No. 189 (Adj. Sess.), § 9; 2015, No. 159 (Adj. Sess.), § 34.

§ 609. Veterans' exemption.

No fees shall be charged an honorably discharged veteran of the U.S. Armed Forces who is a resident of the State of Vermont for a license to operate a motor vehicle, when the veteran has acquired a motor vehicle with financial assistance from the U.S. Department of Veterans Affairs and he or she is otherwise eligible to be granted the license, and when his or her application is accompanied by a copy of an approved VA Form 21-4502 issued by the U.S. Department of Veterans Affairs certifying him or her to be entitled to the financial assistance.

Amended 1975, No. 38 , § 2; 2017, No. 206 (Adj. Sess.), § 5.

§ 610. License certificates.

1. The Commissioner shall assign a distinguishing number to each licensee and shall furnish the licensee with a license certificate that shows the number and the licensee's full name, date of birth, and residential address, except that at the request of the licensee, the licensee's mailing address may be listed, or an alternative address may be listed if otherwise authorized by law. The certificate also shall include a brief physical description and a space for the signature of the licensee. The license shall be void until signed by the licensee. If a veteran, as defined in 38 U.S.C. § 101(2), requests a veteran designation and provides proof of veteran status as specified in subdivision 603(a)(3) of this title, and the Office of Veterans Affairs confirms his or her status as an honorably discharged veteran or a veteran discharged under honorable conditions, the license certificate shall include the term "veteran" on its face.
2. A motor vehicle operator's license issued to an individual who is under the age of 18 shall be distinguishable by color from a motor vehicle operator's license issued to an individual who is over the age of 18 but under the age of 21, and both cards shall be distinguishable by color from a motor vehicle operator's license issued to an individual 21 or older. A motor vehicle operator's license issued to an individual under the age of 21 shall clearly indicate, in prominent type, the date on which the individual will become 21. The distinguishing colors shall be the same as those used to distinguish identification cards issued under section 115 of this title.
3. Each license certificate issued to a first-time applicant and each subsequent renewal by that individual shall be issued with the photograph or imaged likeness of the licensee included on the certificate. The Commissioner shall determine the locations where photographic licenses may be issued. An individual issued a license containing an imaged likeness under this subsection may renew by mail, except that a renewal by a licensee required to have a photograph or imaged likeness must be made in person so that an updated imaged likeness of the individual is obtained not less often than once every nine years.
4. Each license certificate issued to an initial or renewal applicant shall include a bar code with minimum data elements as prescribed in 6 C.F.R. § 37.19.

   Amended 1993, No. 212 (Adj. Sess.), § 9; 1999, No. 163 (Adj. Sess.), § 3; 2003, No. 154 (Adj. Sess.), § 7; 2013, No. 57 , § 15; 2019, No. 60 , § 4; 2021, No. 20 , § 235.

§§ 610a, 610b. Repealed. 1999, No. 163 (Adj. Sess.), § 7.

§ 610c. Legislative intent; existing driver's licenses without photograph or imaged likeness.

It is the intent of the General Assembly that the provisions of subsection 610(c) of this title not require individuals who, prior to July 1, 2004, were issued a driver's license without a photograph or imaged likeness to obtain a photograph or imaged likeness after that date.

Added 2003, No. 154 (Adj. Sess.), § 8; amended 2021, No. 20 , § 236.

§ 611. Possession of license certificate.

Every licensee shall have his or her operator's license certificate in his or her immediate possession at all times when operating a motor vehicle. However, a person cited with violating this section or section 610 of this title shall not be convicted if he or she sends a copy of or produces to the issuing enforcement agency within seven business days of the traffic stop an operator's license certificate that was valid or had expired within 14 days prior to the traffic stop.

Amended 1967, No. 356 (Adj. Sess.), § 1, eff. March 27, 1968; 2011, No. 62 , § 37; 2013, No. 189 (Adj. Sess.), § 14.

§ 612. Restricted license.

When issuing or reinstating the license of an operator, the Commissioner may restrict the privileges granted by such license to the operating of one or more specified motor vehicles or in such other manner as the Commissioner may deem best, and such restriction shall be endorsed on the license certificate. A person holding a restricted license shall not operate a motor vehicle except as permitted in such restriction.

§ 613. Replacement license.

1. In case of the loss, mutilation, or destruction of a license or error in a license, the licensee shall forthwith notify the Commissioner who shall furnish such licensee with a replacement on receipt of $20.00.
2. A replacement license shall not be issued to any person who has surrendered his or her license to another jurisdiction in connection with obtaining a license in that jurisdiction.

   Amended 1969, No. 276 (Adj. Sess.), § 7; 1987, No. 62 , § 4; 1987, No. 241 (Adj. Sess.), § 3; 1989, No. 51 , § 37; 2001, No. 102 (Adj. Sess.), § 22, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 9; 2015, No. 159 (Adj. Sess.), § 35; 2019, No. 60 , § 10.

§ 614. Rights under license.

1. An operator's license shall entitle the holder to operate a registered motor vehicle with the consent of the owner whether employed to do so or not.
2. A junior operator's license shall entitle the holder to operate a registered motor vehicle with the consent of the owner, but shall not entitle him or her to operate a motor vehicle in the course of his or her employment or for direct or indirect compensation for one year following issuance of the license, except that the holder may operate a farm tractor with or without compensation upon a public highway in going to and from different parts of a farm of the tractor's owner or to go to any repair shop for repair purposes. A junior operator's license shall not entitle the holder to carry passengers for hire.
3. During the first three months of operation, the holder of a junior operator's license is restricted to driving alone or with a licensed parent or guardian, licensed or certified driver education instructor, or licensed person at least 25 years of age. During the following three months, a junior operator may additionally transport family members. No person operating with a junior operator's license shall transport more passengers than there are safety belts unless he or she is operating a vehicle that has not been manufactured with a federally approved safety belt system. A person convicted of operating a motor vehicle in violation of this subsection shall be subject to a penalty of not more than $50.00, and his or her license shall be recalled for a period of 90 days. The provisions of this subsection may be enforced only if a law enforcement officer has detained the operator for another suspected traffic violation.
4. A nonresident under 18 years of age who is privileged to operate on Vermont highways under section 208 of this title shall be subject to the restrictions of subsections (b) and (c) of this section.

   Amended 1967, No. 361 (Adj. Sess.), § 3; 1999, No. 140 (Adj. Sess.), § 4; 2013, No. 57 , § 10; 2013, No. 189 (Adj. Sess.), § 7; 2015, No. 47 , § 40; 2015, No. 158 (Adj. Sess.), § 64.

§ 615. Unlicensed operators.

1. 1. 1. An unlicensed person 15 years of age or older may operate a motor vehicle if he or she possesses a valid learner's permit issued to him or her by the Commissioner, or by another jurisdiction in accordance with section 208 of this title, and if one of the following persons who is not under the influence of alcohol or drugs rides beside him or her: (a) (1) (A)  An unlicensed person 15 years of age or older may operate a motor vehicle if he or she possesses a valid learner's permit issued to him or her by the Commissioner, or by another jurisdiction in accordance with section 208 of this title, and if one of the following persons who is not under the influence of alcohol or drugs rides beside him or her:
         1. his or her licensed parent or guardian;
         2. a licensed or certified driver education instructor;
         3. a licensed examiner of the Department; or
         4. a licensed person at least 25 years of age.
      2. A person described under subdivisions (A)(i)-(iv) of this subdivision (1) who, while under the influence of alcohol or drugs, rides beside an individual whom the person knows to be unlicensed shall be subject to the same penalties as for a violation of subsection 1130(b) of this title. A holder of a learner's permit shall not be deemed to have violated this section if a person described under subdivisions (A)(i)-(iv) of this subdivision (1) rides beside him or her while the person is under the influence of alcohol or drugs.
      3. Nothing in this section shall be construed to permit a person against whom a revocation or suspension of license is in force, or a person younger than 15 years of age, or a person who has been refused a license by the Commissioner to operate a motor vehicle.
   2. A licensed person who does not possess a valid motorcycle endorsement may operate a motorcycle, with no passengers, only during daylight hours and then only if he or she has upon his or her person a valid motorcycle learner's permit issued to him or her by the Commissioner.
2. A person convicted of operating a motor vehicle in violation of this section shall be subject to a penalty of not more than $50.00, and his or her learner's permit shall be recalled for a period of 90 days. No person may be issued traffic complaints alleging a violation of this section and a violation of section 676 of this title from the same incident. The provisions of this section may be enforced only if a law enforcement officer has detained the operator for another suspected traffic violation.

   Amended 1961, No. 133 ; 1963, No. 139 , eff. Aug. 1, 1963; 1983, No. 42 , § 1; 1999, No. 140 (Adj. Sess.), § 5; 2013, No. 57 , § 11; 2013, No. 189 (Adj. Sess.), § 6; 2015, No. 47 , § 41; 2015, No. 158 (Adj. Sess.), § 64; 2017, No. 71 , § 11.

§ 616. Extension of license for members of U.S. Armed Forces and immediate family members.

1. Definition.  As used in this section, "immediate family member" means a child; stepchild; foster child; spouse; domestic partner, as defined in 17 V.S.A. § 2414 ; civil union partner; parent; or parent of a spouse, domestic partner, or civil union partner.
2. Members of the U.S. Armed Forces.
   1. A resident of Vermont who is a member of the U.S. Armed Forces and who at the time of his or her induction or enlistment into the U.S. Armed Forces, or who during his or her term of service with the U.S. Armed Forces was the holder of a valid Vermont license to operate motor vehicles issued by the Commissioner, shall, notwithstanding the expiration of the license, be entitled to operate a motor vehicle with that expired license during his or her term of service and until 30 days after receiving a discharge from the U.S. Armed Forces, but not to exceed four years from the date of expiration of his or her license.
   2. A resident of Vermont who is a member of the Reserve Component of the U.S. Armed Forces and who at the time he or she is called to active duty was the holder of a valid Vermont license to operate motor vehicles issued by the Commissioner shall, notwithstanding the expiration of such license, be entitled to operate a motor vehicle with that expired license during his or her term of active duty and until 30 days after being released from active duty, but not to exceed four years from the date of expiration of his or her license.
3. Immediate family members of members of the U.S. Armed Forces.
   1. A resident of Vermont who is absent from the State because his or her immediate family member is serving with the U.S. Armed Forces and who had a valid Vermont license to operate motor vehicles issued by the Commissioner at the time of the immediate family member's induction or enlistment into the U.S. Armed Forces shall, notwithstanding the expiration of the license, be entitled to operate a motor vehicle with that expired license during the immediate family member's term of service and until 30 days after his or her immediate family member is discharged from the U.S. Armed Forces, but not to exceed four years from the date of expiration of his or her license.
   2. A resident of Vermont who is absent from the State because his or her immediate family member is a member of the Reserve Component of the U.S. Armed Forces who had a valid Vermont license to operate motor vehicles issued by the Commissioner at the time of the immediate family member's call to active duty shall, notwithstanding the expiration of such license, be entitled to operate a motor vehicle with that expired license during his or her immediate family member's term of active duty and until 30 days after his or her immediate family is released from active duty, but not to exceed four years from the date of expiration of his or her license.
4. Proof required.  Any member of the U.S. Armed Forces or immediate family member of a member of the U.S. Armed Forces operating a motor vehicle with an expired license pursuant to subsection (b) or (c) shall, while operating a motor vehicle, carry the last license issued to him or her and conclusive evidence that he or she is a member of the U.S. Armed Forces or the immediate family member of a member of the U.S. Armed Forces and, if the member of the U.S. Armed Forces is discharged or released from active duty, a copy of the applicable DD-214 or similar document of discharge or release from active duty.
5. Effect of revocation, suspension, or refusal.  Nothing in this section shall be construed to permit an individual against whom a revocation or suspension of license has been issued or is in force, or an individual who has been refused a license by the Commissioner, to operate a motor vehicle.

   Amended 2019, No. 149 (Adj. Sess.), § 7, eff. July 13, 2020.

§ 617. Learner's permit.

1. Any Vermont resident 15 years of age or over, but under 18 years of age, who has no convictions under section 601, 674, 676, 1091, 1094, 1128, 1133, or 1201 of this title, suspensions under section 1205 of this title, or civil traffic violations under section 1216 of this title in the previous two years, or any Vermont resident 18 years of age or over, may apply to the Commissioner of Motor Vehicles for a learner's permit in the form prescribed by the Commissioner. A nonresident may be issued a learner's permit if the permit is required for purposes of participation in a driver education and training course. After the applicant has successfully passed all parts of the driver's license examination other than the driving test, the Commissioner may issue to the applicant a learner's permit that entitles the applicant, subject to section 615 of this title, to operate a motor vehicle upon the public highways for a period of two years from the date of issuance. Any learner's permit may be renewed. This section shall not affect section 602 of this title.
2. 1. Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the Commissioner of Motor Vehicles for a learner's permit for the operation of a motorcycle in the form prescribed by the Commissioner. The Commissioner shall offer both a motorcycle learner's permit that authorizes the operation of three-wheeled motorcycles only and a motorcycle learner's permit that authorizes the operation of any motorcycle. The Commissioner shall require payment of a fee of $20.00 at the time application is made. (b) (1)  Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the Commissioner of Motor Vehicles for a learner's permit for the operation of a motorcycle in the form prescribed by the Commissioner. The Commissioner shall offer both a motorcycle learner's permit that authorizes the operation of three-wheeled motorcycles only and a motorcycle learner's permit that authorizes the operation of any motorcycle. The Commissioner shall require payment of a fee of $20.00 at the time application is made.
   2. After the applicant has successfully passed all parts of the applicable motorcycle endorsement examination, other than a skill test, the Commissioner may issue to the applicant a learner's permit that entitles the applicant, subject to subsection 615(a) of this title, to operate a three-wheeled motorcycle only, or to operate any motorcycle, upon the public highways for a period of 120 days from the date of issuance. The fee for the examination shall be $9.00.
   3. A motorcycle learner's permit may be renewed only twice upon payment of a $20.00 fee. If, during the original permit period and two renewals the permittee has not successfully passed the applicable skill test or motorcycle rider training course, he or she may not obtain another motorcycle learner's permit for a period of 12 months from the expiration of the permit unless:
      1. he or she has successfully completed the applicable motorcycle rider training course; or
      2. the learner's permit and renewals thereof authorized the operation of any motorcycle and the permittee is seeking a learner's permit for the operation of three-wheeled motorcycles only.
   4. This section shall not affect section 602 of this title.
3. No learner's permit may be issued to any person under 18 years of age unless the parent or guardian of, or a person standing in loco parentis to, the applicant files his or her written consent to the issuance with the Commissioner.
4. An applicant shall pay $20.00 to the Commissioner for each learner's permit or a duplicate or renewal thereof.
5. 1. A learner's permit, which is not a learner's permit for the operation of a motorcycle, shall contain a photograph or imaged likeness of the individual if the permit is obtained in person. The photographic learner's permit shall be available at locations designated by the Commissioner. (e) (1)  A learner's permit, which is not a learner's permit for the operation of a motorcycle, shall contain a photograph or imaged likeness of the individual if the permit is obtained in person. The photographic learner's permit shall be available at locations designated by the Commissioner.
   2. An individual issued a permit under this subsection may renew his or her permit by mail or online, but a permit holder who chooses to have a photograph or imaged likeness under this subsection must renew in person so that an updated imaged likeness of the individual is obtained not less often than once every nine years.
6. 1. The Commissioner may authorize motorcycle rider training instructors to administer a motorcycle endorsement examination for three-wheeled motorcycles only or for any motorcycle, or a motorcycle skill test for three-wheeled motorcycles only or for any motorcycle, or any of these. Upon successful completion of the applicable examination or test, the instructor shall issue to the applicant either a temporary motorcycle learner's permit or notice of motorcycle endorsement, as appropriate. The instructor shall immediately forward to the Commissioner the application and fee together with such additional information as the Commissioner may require. (f) (1)  The Commissioner may authorize motorcycle rider training instructors to administer a motorcycle endorsement examination for three-wheeled motorcycles only or for any motorcycle, or a motorcycle skill test for three-wheeled motorcycles only or for any motorcycle, or any of these. Upon successful completion of the applicable examination or test, the instructor shall issue to the applicant either a temporary motorcycle learner's permit or notice of motorcycle endorsement, as appropriate. The instructor shall immediately forward to the Commissioner the application and fee together with such additional information as the Commissioner may require.
   2. The Commissioner shall maintain a list of approved in-state and out-of-state motorcycle rider training courses, successful completion of which the Commissioner shall deem to satisfy the skill test requirement. This list shall include courses that provide training on three-wheeled motorcycles.

      Added 1963, No. 107 ; amended 1965, No. 177 ; 1981, No. 120 (Adj. Sess.), § 2, eff. March 2, 1982; 1983, No. 8 ; 1983, No. 42 , § 2; 1989, No. 51 , § 38; 1989, No. 268 (Adj. Sess.), § 3, eff. June 21, 1990; 1995, No. 120 (Adj. Sess.), § 4; 1997, No. 9 , § 1, eff. July 1, 1996; 1997, No. 9 , § 1, eff. July 1, 1996; 1997, No. 9, § 2, eff. May 6, 1997; 1999, No. 140 (Adj. Sess.), § 6; 2001, No. 75 (Adj. Sess.), § 5; 2001, No. 102 (Adj. Sess.), § 23, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 10; 2005, No. 175 (Adj. Sess.), § 35; 2005, No. 188 (Adj. Sess.), § 4; 2009, No. 50 , § 47; 2015, No. 159 (Adj. Sess.), § 36; 2017, No. 206 (Adj. Sess.), § 18; 2019, No. 149 (Adj. Sess.), § 43, eff. June 1, 2020.

§ 618. Repealed. 2007, No. 153 (Adj. Sess.), § 41.

§ 618a. Anatomical Gift Act; donor; form.

The Commissioner shall provide a form that, upon the licensee's execution, shall serve as a document of an anatomical gift under 18 V.S.A. chapter 110. An indicator shall be placed on the license of any person who has executed an anatomical gift form in accordance with this section.

Added 2009, No. 39 , § 14; amended 2009, No. 119 (Adj. Sess.), § 7.

§ 631. Requirements; rules.

1. The Commissioner may adopt rules pursuant to 3 V.S.A. chapter 25 governing the examination of new applicants for operator's licenses and may prescribe requirements to obtain or hold a license or learner's permit, by either a new or renewal applicant, as to driving experience, mental and physical qualifications, and any other matter or thing that, in his or her judgment, will contribute to the selection of safe and efficient operators.
2. Any written forms, applications, or tests used by the Department of Motor Vehicles for operator licensing shall be translated into primary languages of nations from which individuals assisted by the U.S. Committee for Refugees and Immigrants Vermont in the prior 10 years hail, as determined on an annual basis by the Department in consultation with the U.S. Committee for Refugees and Immigrants Vermont, and available at all Department locations and on the Department's website if the English version is available. Nothing in this subsection is intended to require the Department to translate any educational manuals.

   Amended 1999, No. 140 (Adj. Sess.), § 7; 2003, No. 154 (Adj. Sess.), § 11; 2019, No. 60 , § 23, eff. Oct. 1, 2020.

§ 632. Examination required; waiver.

1. Before an operator's or a junior operator's license is issued to an applicant for the first time in this State, or before a renewal license is issued to an applicant whose previous Vermont license had expired more than three years prior to the application for renewal, the applicant shall pass a satisfactory examination, except that the Commissioner may, in his or her discretion, waive the examination when the applicant holds a chauffeur's or operator's license in force at the time of application or within three years prior to the application in some other jurisdiction where an examination is required similar to the examination required in this State.
2. The examination shall consist of:
   1. an oral or written examination;
   2. a thorough road test; and
   3. at the discretion of the Commissioner, such other examination or demonstration as he or she may prescribe, including an oral eye examination.
3. An applicant may have an individual of his or her choosing at the oral examination or road test to serve as an interpreter, including to translate any oral commands given as part of the road test.

   Amended 1985, No. 118 (Adj. Sess.), § 1; 2015, No. 47 , § 16; 2019, No. 60 , § 9; 2019, No. 60 , § 24, eff. Oct. 1, 2020; 2019, No. 149 (Adj. Sess.), § 8.

§ 633. Examiners.

Inspectors appointed under the provisions of section 103 of this title shall also be examiners of new applicants for operators' licenses.

§ 634. Fee for examination.

1. The fee for an examination for a learner's permit shall be $32.00. The fee for an examination to obtain an operator's license when the applicant is required to pass an examination pursuant to section 632 of this title shall be $19.00. The fee for a motorcycle skill test to obtain a motorcycle endorsement shall be $19.00.
2. A scheduling fee of $24.00 shall be paid by the applicant before he or she may schedule the road test required under section 632 of this title. Unless an applicant gives the Department at least 48 hours' notice of cancellation, if the applicant does not appear as scheduled, the $24.00 scheduling fee is forfeited. If the applicant appears for the scheduled road test, the fee shall be applied toward the license examination fee. The Commissioner may waive the scheduling fee until the Department is capable of administering the fee electronically.
3. The Department of Motor Vehicles shall not implement any procedures or processes for identifying applicants for licenses, learner permits, or nondriver identification cards that involve the use of biometric identifiers. Pursuant to the provisions of 49 U.S.C. § 31308, this subsection shall not apply to applicants for commercial driver licenses or endorsements on these licenses.

   Amended 1975, No. 193 (Adj. Sess.), § 3; 1989, No. 51 , § 39; 2001, No. 102 (Adj. Sess.), § 24, eff. May 15, 2002; 2003, No. 154 (Adj. Sess.), § 12; 2005, No. 175 (Adj. Sess.), § 36; 2009, No. 50 , § 48; 2011, No. 128 (Adj. Sess.), § 19; 2015, No. 159 (Adj. Sess.), § 37.

§ 635. Place of examinations.

The Commissioner shall cause examinations of operators to be held at such convenient times and places throughout the State as he or she may determine.

Amended 1971, No. 74 , § 2.

§ 636. Special examinations.

1. 1. Whenever the Commissioner has good cause to believe that any holder of an operator's license, or any applicant for renewal of an operator's license, is incompetent or otherwise not qualified to be licensed, he or she may require such person to submit to a special examination to determine his or her capabilities or mental or physical fitness. A person shall not be required to pay to the State a fee for such special examination, except for a component of an examination conducted by an authorized medical professional. (a) (1)  Whenever the Commissioner has good cause to believe that any holder of an operator's license, or any applicant for renewal of an operator's license, is incompetent or otherwise not qualified to be licensed, he or she may require such person to submit to a special examination to determine his or her capabilities or mental or physical fitness. A person shall not be required to pay to the State a fee for such special examination, except for a component of an examination conducted by an authorized medical professional.
   2. If the Commissioner determines that a special examination is warranted, then a driving examination shall be administered. If, under the Commissioner's discretion, extenuating circumstances exist, the Commissioner may also administer a written or oral examination or require an examination by a medical professional under section 637 of this title. A driving, written, or oral examination shall be given at a time and place as the Commissioner may determine.
2. Upon the conclusion of such examination, the Commissioner shall take action as may be appropriate and may suspend or revoke the license or right of such person to operate a motor vehicle or may issue a license subject to restrictions as permitted under section 612 of this title.

   Amended 2009, No. 50 , § 101; 2015, No. 47 , § 17.

§ 637. Examiners of physical and mental conditions.

The Commissioner may designate physicians, licensed physician assistants, licensed advanced practice registered nurses, ophthalmologists, oculists, and optometrists properly registered and authorized to practice in this State or in an adjoining state as examiners of operators. The Commissioner may refer any matter relative to the issuing, suspending, or reinstating of licenses that concerns the physical or mental condition or eyesight of any applicant for or holder of a license or any petitioner for reinstatement to, and require the applicant or other person to be examined by, such examiner in the vicinity of the person's residence as he or she determines to be qualified to examine and report. Such examiner shall report to the Commissioner the true and actual result of examinations made by him or her together with his or her decision as to whether the person examined should be granted or allowed to retain an operator's license or permitted to operate a motor vehicle.

Amended 2015, No. 158 (Adj. Sess.), § 65.

§ 638. Repealed. 2015, No. 158 (Adj. Sess.), § 66.

§ 639. Fees for physical and mental examinations.

The compensation of the examiners provided in section 637 of this title shall be paid by the person examined.

Amended 2015, No. 158 (Adj. Sess.), § 67.

§ 671. Procedure.

1. In his or her discretion, the Commissioner may suspend indefinitely or for a definite time the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, after opportunity for a hearing upon not less than 15 days' notice, if the Commissioner has reason to believe that the holder thereof is an individual who is incompetent to operate a motor vehicle or is operating improperly so as to endanger the public. If, upon receipt of such notice, the individual requests a hearing, such suspension shall not take effect unless the Commissioner, after hearing, determines that the suspension is justified. If the Commissioner imposes a suspension, he or she may order the license delivered to him or her. Not less than six months from the date of suspension and each six months thereafter, an individual upon whom such suspension has been imposed may apply for reinstatement of his or her license or right to operate or for a new license. Upon receipt of such application, the Commissioner shall thereupon cause an investigation to be made and, if so requested, conduct a hearing to determine whether such suspension should be continued in effect.
2. In his or her discretion, the Commissioner may suspend for a period not exceeding 15 days the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, without hearing, whenever he or she finds upon full reports submitted by an enforcement officer or motor vehicle inspector that the safety of the public has been or will be imperiled as a result of the operation of a motor vehicle by such operator or unlicensed individual.
3. The Commissioner may suspend the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, while a prosecution for an offense under this title is pending against such individual if:
   1. the Commissioner finds upon full reports submitted to him or her by an enforcement officer or motor vehicle inspector that the safety of the public will be imperiled by permitting such operator or such unlicensed individual to operate a motor vehicle; or
   2. the Commissioner finds that such operator is seeking to delay the prosecution.
4. The Commissioner shall not suspend the license of an operator, or the right of an unlicensed individual to operate a motor vehicle, for any cause that has constituted the subject matter of a prosecution in which the conviction of such individual has not been obtained.
5. The Commissioner shall revoke licenses obtained fraudulently. The Commissioner shall also revoke licenses when required by law, and such revocation shall not entitle the holder of such license to hearing.
6. If a hearing is required under the provisions of this section, it shall be held in accordance with the provisions of sections 105-107 of this title and at such time and place as the Commissioner may determine. It shall be in the discretion of the Commissioner to determine the granting of a hearing and subsequent hearing in response to a petition for a hearing in connection with suspension orders issued under the provisions of subsections (b) and (c) of this section.
7. Notwithstanding subsection (d) of this section, if the Commissioner receives official notice, in any form he or she deems appropriate, that an individual's right to operate a motor vehicle has been suspended or revoked in another jurisdiction, the Commissioner may suspend the individual's license or right to operate a motor vehicle in this State after the opportunity for a hearing upon not less than 15 days' notice. If the individual's license or right to operate is subsequently reinstated by the other jurisdiction, the individual may apply to the Commissioner for reinstatement of his or her license or right to operate a motor vehicle in this State.

   Amended 1977, No. 238 (Adj. Sess.), § 2, eff. July 1, 1979; 1979, No. 79 , § 1, eff. May 10, 1979; 1995, No. 112 (Adj. Sess.), § 10; 2013, No. 96 (Adj. Sess.), § 144; 2015, No. 47 , § 18; 2019, No. 131 (Adj. Sess.), § 156; 2019, No. 149 (Adj. Sess.), § 9.