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2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3813. Withholding of certificate; bond required

§ 3813. Withholding of certificate; bond required
If the Commissioner is not satisfied as to the ownership of the vessel, snowmobile, or all-terrain vehicle or that there are no undisclosed security interests in it, the Commissioner may register the vessel, snowmobile, or all-terrain vehicle, but shall either:
(1) withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the Commissioner as to the applicant’s ownership of the vessel, snowmobile, or all-terrain vehicle and that there are no undisclosed security interests in it; or
(2) as a condition of issuing a certificate of title, require the applicant to file with the Commissioner a bond in the form prescribed by the Commissioner and executed by the applicant, and either accompanied by the deposit of cash with the Commissioner or also executed by a person authorized to conduct a surety business in this State. The bond shall be in an amount equal to one and one-half times the value of the vessel, snowmobile, or all-terrain vehicle as determined by the Commissioner and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vessel, snowmobile, or all-terrain vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney’s fees, by reason of the issuance of the certificate of title of the vessel, snowmobile, or all-terrain vehicle or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vessel, snowmobile, or all-terrain vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of three years or earlier if the vessel, snowmobile, or all-terrain vehicle is no longer registered in this State and the currently valid certificate of title is surrendered to the Commissioner, unless the Commissioner has been notified of the pendency of an action to recover on the bond. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 10; 2019, No. 131 (Adj. Sess.), § 250.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3814. Refusal of certificate

§ 3814. Refusal of certificate
The Commissioner shall refuse issuance of a certificate of title if any required fee is not paid or if he or she has reasonable grounds to believe that:
(1) the applicant is not the owner of the vessel, snowmobile, or all-terrain vehicle;
(2) the application contains a false or fraudulent statement; or
(3) the applicant fails to furnish required information or documents or any additional information the Commissioner reasonably requires. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3815. Duplicate certificate

§ 3815. Duplicate certificate
(a) If a certificate is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the Commissioner, shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the Commissioner. It shall be mailed to the first lienholder named in it or, if none, to the owner.
(b) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the Commissioner.
(c) When a duplicate certificate of title is issued, the Commissioner shall cause the original certificate of title for that vessel, snowmobile, or all-terrain vehicle to be revoked. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 12; 2015, No. 50, § 21.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3817. Resale by dealer

§ 3817. Resale by dealer
If a dealer buys a vessel, snowmobile, or all-terrain vehicle and holds it for resale and obtains the certificate of title from the owner or the lienholder within 10 days after receiving the vessel, snowmobile, or all-terrain vehicle, the certificate need not be sent to the Commissioner. When the dealer transfers the vessel, snowmobile, or all-terrain vehicle to a person, other than by the creation of a security interest, he or she shall simultaneously execute the assignment and warranty of title by filling in the spaces on the certificate of title or as prescribed by the Commissioner. The certificate shall be mailed or delivered to the Commissioner with the transferee’s application for a new certificate. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3818. Involuntary transfers

§ 3818. Involuntary transfers
(a) If the interest of an owner in a vessel, snowmobile, or all-terrain vehicle passes to another person, other than by voluntary transfer, the transferee shall, except as provided in subsection (b) of this section, promptly mail or deliver to the Commissioner the last certificate of title, if available, proof of the transfer, and his or her application for a new certificate in the form the Commissioner prescribes.
(b) If the interest of the owner is terminated or the vessel, snowmobile, or all-terrain vehicle is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the Commissioner the last certificate of title, his or her application for a new certificate in the form the Commissioner prescribes, and an affidavit, made by or on behalf of the lienholder, that the vessel, snowmobile, or all-terrain vehicle was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement. If the lienholder succeeds to the interest of the owner and holds the vessel, snowmobile, or all-terrain vehicle for resale, he or she need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee or to the Commissioner the certificate, affidavit, and other documents required to be sent to the Commissioner by the transferee.
(c) A person holding a certificate of title whose interest in the vessel, snowmobile, or all-terrain vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the Commissioner upon request of the Commissioner. The delivery of the certificate pursuant to the request of the Commissioner does not affect the rights of the person surrendering the certificate, and the action of the Commissioner in issuing a new certificate of title is not conclusive upon the rights of an owner or lienholder named in the old certificate. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 15; 2019, No. 131 (Adj. Sess.), § 251.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3819. Fee to accompany applications

§ 3819. Fee to accompany applications
(a) An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the Commissioner.
(b) An application for the naming of a lienholder or his or her assignee on a certificate of title shall be accompanied by the required fee when mailed or delivered to the Commissioner. (Added 1987, No. 152 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3820. Issuance of new certificate

§ 3820. Issuance of new certificate
(a) The Commissioner, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail to the first lienholder named in it or, if none, to the owner.
(b) The Commissioner, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to him or her, the Commissioner shall make demand from the holder.
(c) The Commissioner shall file and retain every surrendered certificate of title for five years. The file shall be maintained so as to permit the tracing of title of the vessel, snowmobile, or all-terrain vehicle designated. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 16; 2011, No. 46, § 22.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3821. Suspension or revocation of certificate

§ 3821. Suspension or revocation of certificate
(a) The Commissioner shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with section 3804 of this chapter, if he or she finds:
(1) the certificate of title was fraudulently procured or erroneously issued; or
(2) the vessel, snowmobile, or all-terrain vehicle has been scrapped, dismantled, or destroyed.
(b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(c) When the Commissioner suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the Commissioner.
(d) The Commissioner may seize and impound any certificate of title which has been suspended or revoked. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3822. Certain liens and security interests not affected

§ 3822. Certain liens and security interests not affected
This chapter does not apply to or affect:
(1) a lien given by statute or rule of law to a supplier of services or materials for the vessel, snowmobile, or all-terrain vehicle;
(2) a lien given by statute to the United States, this State, or any political subdivision of this State;
(3) a security interest in a vessel, snowmobile, or all-terrain vehicle created by a manufacturer or dealer who holds the vessel, snowmobile, or all-terrain vehicle for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3824. Duties on creation of security interest

§ 3824. Duties on creation of security interest
If an owner creates a security interest in a vessel, snowmobile, or all-terrain vehicle:
(1) The owner shall immediately execute the application, in the space provided on the certificate of title or on a separate form the Commissioner prescribes, to name the lienholder on the certificate, showing the name and address of the lienholder and the date of his or her security agreement, and cause the certificate, the application, and the required fee to be delivered to the lienholder.
(2) The lienholder shall immediately cause the certificate, the application, and the required fee to be mailed or delivered to the Commissioner.
(3) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the Commissioner or, upon receipt from the subordinate lienholder of the owner’s application and the required fee, mail or deliver them to the Commissioner with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his or her security agreement.
(4) Upon receipt of the certificate of title, the application, and the required fee, the Commissioner shall either endorse the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3825. Assignment of security interest

§ 3825. Assignment of security interest
(a) A lienholder may assign, absolutely or otherwise, his or her security interest in the vessel, snowmobile, or all-terrain vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate.
(b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as lienholder, upon delivering to the Commissioner the certificate and an assignment by the lienholder named in the certificate in the form the Commissioner prescribes. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj Sess.), § 21.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3826. Release of security interest

§ 3826. Release of security interest
(a) Upon the satisfaction of a security interest in a vessel, snowmobile, or all-terrain vehicle for which the certificate of title is in the possession of the lienholder, he or she shall, within 10 days after demand and, in any event, within 30 days, execute a release of his or her security interest, in the space provided on the certificate or as the Commissioner prescribes, and mail or deliver the certificate and release to the next lienholder named, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the vessel, snowmobile, or all-terrain vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the Commissioner, who shall release the lienholder’s rights on the certificate or issue a new certificate.
(b) Upon the satisfaction of a security interest in a vessel, snowmobile, or all-terrain vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall within 10 days after demand and, in any event, within 30 days execute a release in the form the Commissioner prescribes and deliver the release to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him or her, for delivery to the Commissioner or, upon receipt of the release, mail or deliver it with the certificate to the Commissioner, who shall release the subordinate lienholder’s rights on the certificate or issue a new certificate. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3827. Lienholder to furnish information

§ 3827. Lienholder to furnish information
A lienholder named in a certificate of title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his or her security agreement and the indebtedness secured by it. (Added 1987, No. 152 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3828. Method of perfecting security interest exclusive

§ 3828. Method of perfecting security interest exclusive
The method provided in this chapter of perfecting and giving notice of security interests subject to this chapter is exclusive. Security interests subject to this chapter are exempted from the provisions of law that otherwise require or relate to the filing of instruments creating or evidencing security interests. (Added 1987, No. 152 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3829. Altering, forging, or counterfeiting certificates

§ 3829. Altering, forging, or counterfeiting certificates
(a) No person shall with fraudulent intent:
(1) alter, forge, or counterfeit a certificate of title;
(2) alter or forge an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the Commissioner prescribes;
(3) possess or use a certificate of title knowing it to have been altered, forged, or counterfeited; or
(4) use a false or fictitious name or address, or make a material false statement, or fail to disclose a security interest, or conceal any other material fact, in an application for a certificate of title or a duplicate certificate of title.
(b) A person convicted under this section shall be fined not less than $500.00 nor more than $5,000.00 or be imprisoned for not less than one year or for more than five years, or both. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 1991, No. 164 (Adj. Sess.), § 17.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3830. Other offenses

§ 3830. Other offenses
(a) No person shall:
(1) with fraudulent intent, permit another, not otherwise entitled, to use or have possession of a certificate of title;
(2) willfully fail to mail or deliver a certificate of title or application to the Commissioner within 10 days after the time required by this chapter;
(3) willfully fail to deliver to his or her transferee a certificate of title within 10 days after the time required by this chapter; or
(4) willfully violate any provision of this chapter, except as provided in section 3829 of this title.
(b) A person convicted under this section shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 1991, No. 164 (Adj. Sess.), § 18; 2019, No. 131 (Adj. Sess.), § 252.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3831. Report of theft; recovery of unclaimed vessel, snowmobile, or all-terrain vehicle

§ 3831. Report of theft; recovery of unclaimed vessel, snowmobile, or all-terrain vehicle
(a) An enforcement officer, sheriff, or constable who learns of the theft of a vessel, snowmobile, or all-terrain vehicle not since recovered, or of the recovery of a vessel, snowmobile, or all-terrain vehicle whose theft or conversion he or she knows or has reason to believe has been reported to the Commissioner, shall forthwith report the theft or recovery to the Commissioner.
(b) An owner or a lienholder may report the theft of a vessel, snowmobile, or all-terrain vehicle, or its conversion if a crime, to the Commissioner, but the Commissioner may disregard the report of a conversion unless a warrant has been issued for the arrest of a person charged with the conversion. A person who has reported the theft or conversion of a vessel, snowmobile, or all-terrain vehicle shall, forthwith after learning of its recovery, report the recovery to the Commissioner.
(c) An operator of a place of business for garaging, repairing, parking, or storing vessels, snowmobiles, or all-terrain vehicles for the public, in which a vessel, snowmobile, or all-terrain vehicle remains unclaimed for a period of 30 days, shall, within five days after the expiration of that period, report the vessel, snowmobile, or all-terrain vehicle as unclaimed, to the Commissioner. A vessel, snowmobile, or all-terrain vehicle left by its owner whose name and address are known to the operator or his or her employee is not considered unclaimed. A person who fails to report a vessel, snowmobile, or all-terrain vehicle as unclaimed in accordance with this subsection forfeits all claims and liens for its garaging, parking, or storing and shall be fined not more than $25.00 for each day his or her failure to report continues.
(d) The Commissioner shall maintain and appropriately index weekly, any cumulative public records of stolen, converted, recovered, and unclaimed vessels, snowmobiles, or all-terrain vehicles reported to him or her pursuant to this section. The Commissioner may make and distribute copies of the weekly records so maintained to enforcement officers upon request without fee and to others for the fee, if any, the Commissioner prescribes.
(e) The Commissioner may suspend the registration of a vessel, snowmobile, or all-terrain vehicle whose theft or conversion is reported to him or her pursuant to this section. Until the Commissioner learns of its recovery or that the report of its theft or conversion was erroneous, he or she shall not issue a certificate of title for the vessel, snowmobile, or all-terrain vehicle. (Added 1987, No. 152 (Adj. Sess.), § 1; 2001, No. 107 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3832. False report

§ 3832. False report
A person who knowingly makes a false report of the theft or conversion of a vessel, snowmobile, or all-terrain vehicle to an enforcement officer or to the Commissioner shall be fined not more than $500.00 or imprisoned for not more than six months, or both. (Added 1987, No. 152 (Adj. Sess.), § 1; amended 2001, No. 107 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3833. Dismantling or destruction of vessels, snowmobiles, or all-terrain vehicles

§ 3833. Dismantling or destruction of vessels, snowmobiles, or all-terrain vehicles
(a) Except for vessels, snowmobiles, or all-terrain vehicles for which no certificate of title is required pursuant to section 3807 of this title, any person who purchases or in any manner acquires a vessel, snowmobile, or all-terrain vehicle as salvage who scraps, dismantles, or destroys a vessel, snowmobile, or all-terrain vehicle, or any insurance company or representative of an insurance company who declares a vessel, snowmobile, or all-terrain vehicle to be a total loss, shall make application for a salvage certificate of title within 15 days of the time the vessel, snowmobile, or all-terrain vehicle is purchased or otherwise acquired as salvage, scrapped, dismantled, or destroyed, or declared a total loss. The application shall be accompanied by:
(1) any certificate of title; and
(2) any other information or documents that the Commissioner may reasonably require to establish ownership of the vessel, snowmobile, or all-terrain vehicle and the existence or nonexistence of any security interest in the vessel, snowmobile, or all-terrain vehicle.
(b) When a vessel, snowmobile, or all-terrain vehicle is destroyed by crushing for scrap, the person causing the destruction shall immediately mail or deliver to the Commissioner the certificate of title, if any, endorsed “crushed” and signed by the person, accompanied by the original plate showing the original identification number. The plate shall not be removed until such time as the vessel, snowmobile, or all-terrain vehicle is crushed.
(c) This section shall not apply to, and salvage certificates shall not be required for, unrecovered stolen vessels, snowmobiles, or all-terrain vehicles or vessels, snowmobiles, or all-terrain vehicles stolen and recovered in an undamaged condition, provided that the original vessel, snowmobile, or all terrain vehicle identification number plate has not been removed, altered, or destroyed, and the number on the vessel, snowmobile, or all-terrain vehicle is identical with that on the original title certificate. (Added 2009, No. 39, § 7.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3834. Issuance of salvage title

§ 3834. Issuance of salvage title
The Commissioner shall file and maintain in the manner provided in section 3010 of this title each application received and when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a salvage certificate of title, shall issue a salvage certificate of title to the vessel, snowmobile, or all-terrain vehicle. (Added 2009, No. 39, § 8.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3835. Salvaged, totaled, and rebuilt vessels, snowmobiles, or all-terrain vehicles

§ 3835. Salvaged, totaled, and rebuilt vessels, snowmobiles, or all-terrain vehicles
(a) If a vessel, snowmobile, or all-terrain vehicle upon which a salvage certificate of title, a parts-only certificate, or other document indicating the vessel, snowmobile, or all-terrain vehicle is not sold for reregistration purposes has been or should have been issued by the Commissioner or by any other jurisdiction or person, or if a vessel, snowmobile, or all-terrain vehicle that has been declared totaled is rebuilt and restored for operation, the owner shall not apply for a certificate of title or registration, and none shall be issued, until the vessel, snowmobile, or all-terrain vehicle has been inspected by the Commissioner or his or her authorized representative. The inspection of the vessel, snowmobile, or all-terrain vehicle shall be conducted in the manner prescribed by the Commissioner and shall include verification of the identification number and bills of sale or titles for major component parts used to rebuild the vessel, snowmobile, or all-terrain vehicle. When necessary, a new identification number shall be attached to the vessel, snowmobile, or all-terrain vehicle as provided by section 2003 of this title. Any new title issued for these vessels, snowmobiles, or all-terrain vehicles shall contain the legend “rebuilt.”
(b) Any person who sells, trades, or offers for sale or trade to a prospective purchaser any interest in a salvaged, salvaged and rebuilt, or totaled vessel, snowmobile, or all-terrain vehicle shall disclose the fact that the vessel, snowmobile, or all-terrain vehicle has been salvaged, salvaged and rebuilt, or totaled both orally and in writing before a sale, trade, or transfer is made. Written disclosure that the vessel, snowmobile, or all-terrain vehicle has been salvaged, salvaged and rebuilt, or totaled, in addition to being disclosed on the certificate of title as required by this subchapter, shall also be conspicuously disclosed on any bill of sale, transfer, purchase, or other agreement.
(c) Failure of the seller to provide the notices required by this section shall result in the seller being required, at the option of the buyer, to refund to the buyer the purchase price, including taxes, license fees, and similar governmental charges. (Added 2009, No. 39, § 9; amended 2015, No. 50, § 22.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3836. Records; inspection

§ 3836. Records; inspection
(a) Each person who purchases or in any manner acquires a vessel, snowmobile, or all-terrain vehicle as salvage shall keep and maintain for a period of not less than five years such records as may be prescribed by the Commissioner that are reasonably necessary to substantiate the information contained in the application required by sections 3833 and 3835 of this title. These records shall include parts and accessories obtained and used for the repair or rebuilding, or both, of a vessel, snowmobile, or all-terrain vehicle, and such financial records that will allow the Commissioner to determine if the person qualifies to become or remain licensed as a “salvage dealer.”
(b) The Commissioner, or his or her agents, may inspect and examine the books, records, premises, and vehicles on the premises of any salvage dealer during the usual business hours of the day to verify the truth and accuracy of any information furnished in connection with the provisions of this section and section 3833 of this chapter.
(c) Any salvage dealer who in any manner receives a vessel, snowmobile, or all-terrain vehicle that does not have a plate attached to the vessel, snowmobile, or all-terrain vehicle bearing the vehicle identification number shall notify the Commissioner in writing that such a vessel, snowmobile, or all terrain vehicle has been received within seven days. (Added 2009, No. 39, § 10; amended 2021, No. 76, § 32.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 36 - Titling of Vessels, Snowmobiles, and All-Terrain Vehicles › § 3837. Penalty

§ 3837. Penalty
(a) A person who violates any provision of section 3836 of this chapter shall be fined not more than $500.00 or imprisoned for not more than six months, or both.
(b) A person who violates section 3833 or 3835 of this chapter shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both. (Added 2009, No. 39, § 11.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3902. Findings and declaration of policy—Article I

§ 3902. Findings and declaration of policy—Article I
(a) The party states find that:
(1) the safety of their highways is materially affected by the degree of compliance with state and local laws relating to the operation of motor vehicles;
(2) violation of state law or municipal ordinances is evidence that the violator engages in conduct that is likely to endanger the safety of persons and property;
(3) the continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) promote compliance with the laws, ordinances, and administrative rules relating to the operation of motor vehicles by their operators in each of the jurisdictions where operators drive motor vehicles;
(2) make the reciprocal recognition of licenses to drive and eligibility for licensure more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3903. Definitions—Article II

§ 3903. Definitions—Article II
As used in this compact:
(1) “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle that is prohibited by state law, municipal ordinance, or administrative rule; or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
(2) “Executive head” means the governor.
(3) “Home state” means the state that has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
(4) “Licensing authority” means the commissioner of the department of motor vehicles.
(5) “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (Added 1987, No. 62, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3904. Reports of conviction—Article III

§ 3904. Reports of conviction—Article III
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. The report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the security; and shall include any special findings made in connection with the report. (Added 1987, No. 62, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3905. Effect of conviction—Article IV

§ 3905. Effect of conviction—Article IV
(a) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if the conduct had occurred in the home state, in the case of convictions for:
(1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) driving a motor vehicle while under the influence of alcohol or narcotic drug, or under the influence of any other drug to a degree that renders the driver incapable of safely driving a motor vehicle;
(3) any felony in the commission of which a motor vehicle is used;
(4) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or violations described in precisely the words employed in subsection (a) of this Article, the party state shall construe the descriptions appearing in subsection (a) of this section as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of the party state shall contain such provisions as may be necessary to ensure that full effect is given to this Article. (Added 1987, No. 62, § 1; amended 2017, No. 83, § 161(4).)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3906. Applications for new licenses—Article V

§ 3906. Applications for new licenses—Article V
Upon application for a license to drive, the licensing authority in a party state shall determine whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) the applicant has held a license, but the same has been suspended by reason, in whole or in part, of a violation and if the suspension period has not terminated;
(2) the applicant has held a license, but it has been revoked by reason, in whole or in part, of a violation; and if the revocation has not terminated, except that after the expiration of one year from the date the license was revoked, the person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to the applicant if after investigation, the licensing authority determines that it will not be safe to grant to the person the privilege of driving a motor vehicle on the public highways;
(3) the applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders the license. (Added 1987, No. 62, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3907. Applicability of other laws—Article VI

§ 3907. Applicability of other laws—Article VI
Except as expressly required by provisions of this compact, nothing contained in the compact shall be construed to affect the rights of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state. (Added 1987, No. 62, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3908. Compact administrator; interchange of information—Article VII

§ 3908. Compact administrator; interchange of information—Article VII
(a) The head of the licensing authority of each party state shall be the administrator of this compact for his or her state. The administrators acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact. The Commissioner of Motor Vehicles shall furnish to the appropriate authorities of any other party state, any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of this compact. The Commissioner shall not be entitled to any additional compensation on account of his or her service as administrator, but shall be entitled to expenses incurred in connection with his or her duties and responsibilities as administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his or her office or employment.
(b) The administrators of each state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact. (Added 1987, No. 62, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3909. Entry into force; withdrawal—Article VIII

§ 3909. Entry into force; withdrawal—Article VIII
(a) This compact shall become effective as to any state when it has been enacted into law.
(b) Any party state may withdraw from this compact by enacting a repealing statute, but no withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal. (Added 1987, No. 62, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 37 - Driver License Compact › § 3910. Construction and severability—Article IX

§ 3910. Construction and severability—Article IX
This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable; and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder to this compact and the applicability to any government, agency, person, or circumstance shall not be affected. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in effect as to the remaining states and in effect as to the state affected as to all severable matters. (Added 1987, No. 62, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 39 - Commercial Driver's License Act › § 4101. Short title

§ 4101. Short title
This chapter may be cited as the Commercial Driver’s License Act. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 2019, No. 131 (Adj. Sess.), § 254.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 39 - Commercial Driver's License Act › § 4102. Statement of intent and purpose

§ 4102. Statement of intent and purpose
The purpose of this chapter is to implement 49 U.S.C. Chapter 313, as may be amended, and the federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. No. 99-570, as amended, and reduce or prevent commercial motor vehicle crashes, fatalities, and injuries by permitting commercial drivers to hold only one license, disqualifying commercial drivers who have committed certain criminal or other offenses or serious traffic violations, and strengthening licensing and testing standards. This chapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general operator licensing provisions, this chapter prevails. Where this chapter is silent, the general operator licensing provisions apply. (Added 1989, No. 239 (Adj. Sess.), § 1, amended 1991, No. 88, § 3, eff. April 1, 1992; 2013, No. 20, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 39 - Commercial Driver's License Act › § 4104. Limitation on number of driver’s licenses

§ 4104. Limitation on number of driver’s licenses
No individual who drives a commercial motor vehicle shall have more than one driver’s license. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 2019, No. 131 (Adj. Sess.), § 254.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 39 - Commercial Driver's License Act › § 4105. Notification required by driver

§ 4105. Notification required by driver
(a) Notification of convictions. The driver of a commercial motor vehicle shall notify the State and employers of convictions as follows:
(1) The State. Any driver of a commercial motor vehicle holding a driver’s license issued by this State who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the Commissioner in the manner specified by the Commissioner within 30 days after the date of conviction.
(2) Employers. Any driver of a commercial motor vehicle holding a driver’s license issued by this State who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify his or her employer in writing of the conviction within 30 days after the date of conviction.
(b) Notification of suspensions, revocations, and cancellations. A driver whose driver’s license is suspended, revoked, or cancelled by any state; who loses the privilege to drive a commercial motor vehicle in any state for any period; or who is disqualified from driving a commercial motor vehicle for any period shall notify his or her employer of that fact before the end of the business day following the day the driver received notice of that fact.
(c) Notification of previous employment.
(1) Any individual who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the 10 years preceding the date of application:
(A) a list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;
(B) the dates between which the applicant drove for each employer; and
(C) the reason for leaving that employer.
(2) The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 2019, No. 131 (Adj. Sess.), § 254; 2021, No. 20, § 258.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 39 - Commercial Driver's License Act › § 4106. Employer responsibilities

§ 4106. Employer responsibilities
(a) Each employer shall require the applicant to provide the information specified in subsection 4105(c) of this title.
(b) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1) in which the driver has a driver’s license suspended, revoked, or cancelled by a state or has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or
(2) in which the driver has more than one driver’s license. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 2019, No. 131 (Adj. Sess.), § 254.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 39 - Commercial Driver's License Act › § 4107. Commercial driver’s license required

§ 4107. Commercial driver’s license required
(a) Except when driving under a commercial learner’s permit and accompanied by the holder of a commercial driver’s license valid for the vehicle being driven, no individual may drive a commercial motor vehicle on the highways of this State unless the following conditions are met:
(1) the individual holds a commercial driver’s license;
(2) the individual is in immediate possession of the license; and
(3) the license has the applicable endorsements valid for the vehicle the individual is driving.
(b) No individual may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or cancelled; while subject to a disqualification; or in violation of an out-of-service order.
(c)(1) Notwithstanding the provisions of this section, employees of farm-related service industries shall be exempt from the knowledge and skills tests required under this chapter and shall be issued restricted commercial driver’s licenses as long as the applicants meet the requirements of 49 C.F.R. Part 383, as amended, and upon payment of the appropriate fee.
(2) “Farm-related service industries” shall include farm retail outlets and suppliers, agri-chemical businesses, custom harvesters, and livestock feeders. (Added 1989, No. 239 (Adj. Sess.), § 1; amended 1993, No. 9, § 2, eff. April 23, 1993; 2005, No. 37, § 4; 2013, No. 20, § 1; 2019, No. 131 (Adj. Sess.), §§ 253, 254.)