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2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1399. Exceptions for construction and maintenance equipment; fire apparatus; and heavy-duty tow and recovery vehicles

§ 1399. Exceptions for construction and maintenance equipment; fire apparatus; and heavy-duty tow and recovery vehicles
(a) As used in this section, “heavy-duty tow and recovery vehicle” means a vehicle that:
(1) is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and
(2) has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported.
(b) Nothing contained in sections 1391–1398 of this subchapter shall restrict the weight of:
(1) Snow plows, road machines, oilers, traction engines, tractors, rollers, power shovels, dump wagons, trucks, or other construction or maintenance equipment when used by any town, incorporated village, city, or the State in the construction or the maintenance of any highway, provided that such construction or maintenance is performed by persons employed by or under contract with such town, incorporated village, city, or the State for this purpose. However, any operation of motorized highway building equipment or road making appliances used in construction work contracted by a town, incorporated village, city, or the State shall be unrestricted as to weight only within a construction area.
(2) Municipal and volunteer fire apparatus and law enforcement motor vehicles.
(3) Heavy-duty tow and recovery vehicles on the Dwight D. Eisenhower System of Interstate and Defense Highways. (Amended 1991, No. 121 (Adj. Sess.); 2019, No. 149 (Adj. Sess.), § 14, eff. July 13, 2020; 2021, No. 184 (Adj. Sess.), § 47, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1400. Permit to operate in excess of weight and size limits; State highways

§ 1400. Permit to operate in excess of weight and size limits; State highways
(a) A person or corporation owning or operating a traction engine, tractor, trailer, motor truck, or other motor vehicle that desires to operate it over State highways or class 1 town highways in excess of the weight and size limits provided by this subchapter shall apply to the Commissioner for a permit. In his or her discretion, with or without hearing, the Commissioner may issue to the person or corporation a permit authorizing the person to operate the traction engine, tractor, trailer, motor truck, or other motor vehicle upon State highways and class 1 town highways as he or she may designate and containing the regulation subject to which the traction engine, tractor, trailer, motor truck, or other motor vehicle is to be operated. The permit shall not be granted until satisfactory proof is furnished to the Commissioner that the traction engine, tractor, trailer, motor truck, or other motor vehicle has been registered and the prescribed fee paid for a gross weight equal to a maximum legal load limit for its class. No additional registration fee shall be payable to authorize the use of the traction engine, tractor, trailer, motor truck, or other motor vehicle in accordance with the terms of the permit. The approval may be withdrawn for cause, and may be withdrawn without cause any time after March 31 next following the date of issuance. When approval is withdrawn for cause or on March 31, the Commissioner shall forthwith revoke the permit; when approval is withdrawn otherwise, he or she shall revoke the permit within one month.
(b) The provisions of this section shall apply to any vehicle registered in another state, provided the vehicle meets all weight and size requirements of this State and is registered or holds a permit in the other state for the weight that the permit is sought.
(c) In addition, the Commissioner may issue permits to operate vehicles in excess of the size limits provided by this subchapter for operation over any class 2, class 3, or class 4 town highways except when the dimensions are such that blanket permits cannot be issued under the duly adopted rules of the Commissioner. In those instances, permits under section 1400a of this title shall be obtained.
(d) [Repealed.]
(e) Notwithstanding any other statute or rule to the contrary, overweight permits shall not be issued to vehicles registered in another state or province, unless that state or province issues similar permits on a reciprocal basis to vehicles registered in Vermont. (Amended 1961, No. 281, § 6; 1969, No. 212 (Adj. Sess.), § 1, eff. March 25, 1970; 1975, No. 232 (Adj. Sess.), § 11, eff. April 7, 1976; 1987, No. 91, § 8, eff. June 22, 1987; 1989, No. 121, § 20d; 1993, No. 27, § 7, eff. May 19, 1993; 1993, No. 186 (Adj. Sess.), § 5; 1995, No. 119 (Adj. Sess.), § 9, eff. April 25, 1996; 1999, No. 154 (Adj. Sess.), § 14; 2013, No. 189 (Adj. Sess.), § 18; 2015, No. 158 (Adj. Sess.), § 73.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1400a. Special local highway and bridge limits; reimbursement for damages; special permits

§ 1400a. Special local highway and bridge limits; reimbursement for damages; special permits
(a) A person or corporation owning or operating a traction engine, tractor trailer, motor truck, or other motor vehicle that desires to operate it in excess of the weight limits provided in this subchapter over highways and bridges under the jurisdiction of a municipality with the exception of class 1 town highways and subject to the provisions of subsection 1400(c) of this title shall make application for a permit to the appropriate legislative body or its designee.
(b) The application form for such a permit shall be of a uniform type and shall be developed by the Commissioner of Motor Vehicles, after consulting with municipal officials and representatives of the State’s trucking industry.
(c)(1) The selectboard, trustees, or the mayor are authorized to accept for the municipality compensation commensurate with the extra wear or maintenance required on the highway traveled over or on any bridge by reason of the overweight allowed by any permit approved by them or any exemption provided under section 1400d of this title, which shall be used for the maintenance of highways and bridges within the town, village, or city. The following factors, at a minimum, shall be taken into consideration when determining the amount of compensation due:
(A) the amount of weight allowed in excess of the normal limit;
(B) the configuration and number of axles of the vehicle involved;
(C) the number and length of trips the vehicle will be making;
(D) the condition of the highway before and after use by the vehicle and costs associated with any needed repair.
(2) If the agreement for the compensation to be paid is in writing, failure on the part of the applicant to pay the sum or sums agreed upon shall be sufficient cause for the selectboard, trustees, or mayor to withdraw approval for the permit. A fee not in excess of $5.00 may be charged for the written approval of a municipality furnished under this section.
(d) A $5.00 fee for administration of permits imposed under this section shall be for the period expiring March 31 of each year. As an alternative, upon payment of an administrative fee of $10.00, an applicant may obtain a permit to operate all of his or her registered vehicles in that municipality, under the conditions of the permit, for the period of the permit. In the event a fleet permit is obtained, individual permits need not be carried in each vehicle permitted. (Added 1993, No. 186 (Adj. Sess.), § 6; amended 1995, No. 119 (Adj. Sess.), § 10, eff. April 25, 1996; 2003, No. 56, § 54, eff. June 4, 2003; 2003, No. 109 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1400b. Filing of restrictions, publication

§ 1400b. Filing of restrictions, publication
(a) Any municipality that has enacted special weight limits that are other than State legal limits for highways or bridges within its jurisdiction shall file a complete copy of the limitations with the Department of Motor Vehicles each year. The information filed shall contain a concise listing of each highway or bridge posted, the time of the year the restrictions apply, weight limitations in effect on that highway or bridge, and the name, address, and telephone number of the principal person or persons responsible for issuing the local permit. Additions or deletions to the listing may be made from time to time, as required, by filing with the Department.
(b) Any special municipal weight limits on highways or bridges shall be unenforceable unless they are on file with the Department of Motor Vehicles within three working days of the date of posting. It shall be the responsibility of the municipality to keep records documenting the time and date a highway or bridge is posted, and to keep current restrictions on file with the Department. The Department may prescribe the format that is to be used when filing restrictions under this section.
(c) The Department shall publish, on an annual basis, a list of municipal highways or bridges and their current weight limits. This publication shall be based on the information submitted by the municipalities under subsection (a) of this section, as well as information available through the Agency of Transportation, and shall be available to the public, at a charge not in excess of $25.00, on or before April 1 of each year.
(d) The Department shall also publish, on a quarterly basis, a periodic update of current weight limits for municipal highways and bridges and shall make that available to the general public at a cost of not more than $5.00.
(e) Any person may request information on specific municipalities from the Department and shall pay the Department a fee of $3.00 per request. A single request shall be made for information on each municipality. In the event nothing is filed by a particular municipality, the Department shall provide that information, in written form, and charge the $3.00 fee.
(f) The Commissioner may require prepayments for information requested pursuant to this section. (Added 1993, No. 186 (Adj. Sess.), § 7, eff. Jan. 1, 1995; amended 2021, No. 184 (Adj. Sess.), § 53, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1400c. Gross limits on town highways and bridges

§ 1400c. Gross limits on town highways and bridges
When a town bridge or highway is posted for State limits, the gross weight limits on town highways and bridges shall be the weight allowed by the State, including any additional weight allowed by permit. (Added 1993, No. 186 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1400d. Agricultural service vehicles

§ 1400d. Agricultural service vehicles
(a) An agricultural service vehicle, as defined in subdivision 4(71) of this title, shall be exempt from the provisions of sections 1400 and 1400a and subsection 1434(c) of this subchapter if the gross weight does not exceed 60,000 pounds.
(b) Municipalities shall not be liable for injuries or damages to agricultural service vehicles or their operators that result from crossing a posted bridge with an agricultural service vehicle that weighs more than the posted weight limit. (Added 2003, No. 109, (Adj. Sess.), § 9; amended 2021, No. 184 (Adj. Sess.), § 48, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1401. Contents of permit

§ 1401. Contents of permit
(a) The Commissioner of Motor Vehicles shall incorporate in the permit such descriptive matter as to the highways to be traveled over, his or her restrictions as to width and character of the wheels of such tractor, trailer, motor truck, or other motor vehicle, and such other regulations as in his or her judgment seem most conducive to a proper use of the highways.
(b) The Commissioner shall adopt rules under 3 V.S.A. chapter 25 governing the conditions to be incorporated in the permit. These rules shall also assign each condition to one of three categories, depending on the seriousness of a violation of the condition.
(c) Violation of a rule adopted under this section shall constitute a traffic violation.
(d) A person who violates a rule adopted under this section shall be subject to the following penalties: $100.00 for a Category I violation; $200.00 for a Category II violation; and $300.00 for a Category III violation. (Amended 1969, No. 212 (Adj. Sess.), § 2, eff. March 25, 1970; 1997, No. 120 (Adj. Sess.), § 9b, eff. Aug. 1, 1998.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1403. Expiration or revocation

§ 1403. Expiration or revocation
Blanket permits shall expire at the same time as the vehicle’s registration but may be revoked for cause by the Commissioner of Motor Vehicles with or without hearing. (Amended 1969, No. 212 (Adj. Sess.), § 4, eff. March 25, 1970; 1987, No. 95, § 1, eff. June 23, 1987; 2003, No. 109 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1404. Bond required

§ 1404. Bond required
In his or her discretion, the Commissioner of Motor Vehicles shall require the applicant to file a bond of certificate of insurance in such amount as in his or her judgment seems adequate to cover any probable damage that may be occasioned by the use and operation of such tractor, trailer, motor truck, or other motor vehicle, executed by the applicant as principal and by a surety company authorized to transact business in this State as surety, conditional to pay all injuries or damages sustained by the State or by any municipality or person in consequence of the failure to comply with the provisions of such permit, or the excessive weight allowed by such permit, or the careless, negligent, or unlawful act of such principal or his or her agents or servants. (Amended 1969, No. 212 (Adj. Sess.), § 5, eff. March 25, 1970.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1405. Actions against the bond

§ 1405. Actions against the bond
The State, a person, or a municipal corporation injured by any careless, negligent, or unlawful act of or failure of the principal or his or her agents or servants to comply with the provisions of such permit or on account of the injury to a highway, bridge, or culvert because of the excessive weight allowed by such permit, and, if the death of any person is caused by any careless, negligent, or unlawful act as aforesaid, the executor or administrator, shall have a right of action in the name of the obligee named in such bond for his or her, its, or their use and benefits against the principal and surety named in such bond, and may prosecute the same to final judgment and execution. (Amended 1961, No. 281, § 7.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1406. Federally owned vehicles

§ 1406. Federally owned vehicles
In case of oilers, tractors, rollers, dump wagons, and other road machinery and trucks, tractors, and trailers owned and operated by the federal government, a permit may be issued by the Commissioner of Motor Vehicles. The furnishing of a bond in such cases shall be in the discretion of such Commissioner. (Amended 1969, No. 212 (Adj. Sess.), § 6, eff. March 25, 1970.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1407. Operation of overweight vehicles

§ 1407. Operation of overweight vehicles
A motor truck, truck tractor, tractor, trailer, or other vehicle, machine, or contrivance shall not be operated over the highways of the State of Vermont in violation of any provision of this title relative to the weight of the vehicle, machine, or contrivance. In a prosecution for these violations, the proper defendant shall be either the owner or lessee of the vehicle, machine, or contrivance or the person who moves or operates the vehicle, machine, or contrivance. (Amended 1971, No. 228 (Adj. Sess.), § 23; 1995, No. 89 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1408. Operating vehicle in excess of registered capacity

§ 1408. Operating vehicle in excess of registered capacity
A motor truck, tractor, trailer, or other vehicle, machine, or contrivance shall not be operated or moved upon any highway with a gross weight, including load and vehicle, greater than the total registered weight of the vehicle and the declared registered capacity thereof and a tolerance of five percent. In a prosecution for a violation of this section, the proper defendant shall be either the owner or lessee of the vehicle, machine, or contrivance or the person who operates the vehicle, machine, or contrivance. This section shall not apply to the operation of a motor truck, tractor, trailer, or other vehicle, machine, or contrivance while being operated strictly in compliance with and in conformity to the provisions of a permit so to do issued by the Commissioner of Motor Vehicles as otherwise provided in this title. (Amended 1959, No. 97, eff. April 8, 1959; 1969, No. 212 (Adj. Sess.), § 7, eff. March 25, 1970; 1971, No. 228 (Adj. Sess.), § 24; 1983, No. 86, § 4; 1995, No. 89 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1409. Weighing of vehicles

§ 1409. Weighing of vehicles
Any uniformed police officer, having reason to believe that the weight of the vehicle and load is unlawful, may stop such motor vehicles up to one hour for the purpose of determining the weight of said vehicle and load. If the operator does not wish to submit to the weighing of such vehicle and load by means of portable scales, he or she may demand that such vehicle be weighed at the nearest public scales reasonably available; however, if public scales are not reasonably available, the officer may require the vehicle to be weighed on portable scales. The officer may demand that the vehicle be weighed at the nearest public scales reasonably available. (Amended 1977, No. 177 (Adj. Sess.), § 5, eff. May 1, 1978; 1983, No. 86, § 5.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1410. Removal of overloads

§ 1410. Removal of overloads
(a)(1) When the gross weight of such vehicle and load is determined to be at least 10,000 lbs. in excess of the weight limits for such trucks on such highways, the enforcement officer may require that such portion of the load that is found to be in excess of these weights be removed.
(2) When it is determined that portions of these loads referred to in this section must be removed, the truck may be driven to a suitable place for such removal. The enforcement officer may require that portions be removed onto another motor vehicle.
(b) Dispositions of property referred to in subsection (a) of this section shall be treated under the provisions of section 1413 of this title. (Amended 1983, No. 86, § 6.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1411. Refusal to weigh vehicle or remove overload

§ 1411. Refusal to weigh vehicle or remove overload
An operator of a motor truck shall not fail or refuse to stop or submit the vehicle and load to weighing, or fail or refuse when directed by an officer upon weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of sections 1409 and 1410 of this title. A person violating this section or section 1410 shall be fined not less than $500.00 nor more than $2500.00 and, at the time of the violation, the officer may impound the vehicle and have it weighed and after weighing and upon payment of towing charges, the vehicle shall be released or disposed of under the provisions of section 1413 of this title. Notwithstanding the provisions of section 1412 of this title, a violator may have sanctions imposed under the provisions of this section and be additionally fined for violation of other weight regulations provided for by this subchapter. (Amended 1971, No. 228 (Adj. Sess.), § 25; 1977, No. 177 (Adj. Sess.), § 6, eff. May 1, 1978; 1983, No. 86, § 7.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1413. Disposition of impounded vehicles and loads

§ 1413. Disposition of impounded vehicles and loads
(a) Rights of owner of load. The title to the load on an impounded vehicle or combination remains in the owner who may repossess the load at any time upon presentation of proof of ownership to the sheriff. If the load spoils during impoundment the loss shall be on the owner subject to any right of recovery of damages that the owner may have against the owner of the vehicle or combination or against any other party, and the costs of disposition of the load shall be recoverable in addition to the costs of prosecution.
(b) Sale of unclaimed vehicle or load. In case any impounded vehicle or combination is unredeemed, or the load is unclaimed, for a period of 60 days after notice of impoundment is given, it shall be sold at a public sale by the sheriff upon order of the issuing authority and after 10 days notice of sale to the owners, lienholders, or secured parties of the vehicle or load except that if the sheriff determines it to be necessary to preserve their value, goods which may spoil may be sold in any commercially reasonable manner prior to expiration of the 60-day period and, if impractical to do so, without giving notice to the owners, lienholders, or secured parties.
(c) Disposition of proceeds of sale. The proceeds of sale shall first be applied to the payment of the fine and costs, and secondly, to the payment of the encumbrances. The balance shall be remitted to the owner. (Added 1983, No. 86, § 9.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1414. Reciprocal enforcement

§ 1414. Reciprocal enforcement
(a) It is the intent of the General Assembly that the Commissioner make a reasonable effort to reach agreement with the New England states and New York with respect to a uniform size and weight of motor vehicles to be allowed to operate on the public highways of those jurisdictions and Vermont. The agreement should, to the extent possible, find a balance between the free flow of commerce and the safety of the users on the highways.
(b) The Commissioner may enter into agreements with other states, the District of Columbia, and Canadian provinces providing for the reciprocal enforcement of the overweight or over dimension vehicle permit laws of those jurisdictions entering into the agreement. The agreement is allowed to conflict with sections 1400 through 1408 of this title provided that the overall effect of the interstate agreement maintains standards that are generally comparable to those presently in effect in Vermont, in which case the terms of the agreement shall govern as to vehicles issued permits pursuant to the agreement. (Added 1987, No. 95, § 1, eff. June 23, 1987; amended 1997, No. 46, § 4.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1415. Transfer of weight permits

§ 1415. Transfer of weight permits
(a) Weight permits issued pursuant to this subchapter may be transferred from one vehicle to another vehicle. If the permit fee of the motor vehicle for which a permit is sought is less than the permit fee for the transferred motor vehicle, the Commissioner shall certify to the Commissioner of Finance and Management the facts pertinent to the difference of the permit fees, giving the name of the owner of the motor vehicle, his or her address, the amount of the original permit fee paid, the date of application for transfer, and the correct fee for the motor vehicle for which the permit is sought. The Commissioner of Finance and Management shall issue his or her warrant in favor of the owner for the percent of the difference in permit fees as the unexpired term bears to the entire permit period. If the permit fee for the motor vehicle for which a permit is sought is greater than the permit issued to the transferred vehicle, the permit applicant shall pay the difference based on the prorated term remaining on the permit. If a transfer of the permit is made before the 15th day of any month, the transfer shall be considered as having been made on the first day of the month. If the transfer of a permit is made on or after the 15th day of any month, the transfer shall be considered as having been made on the first day of the month following the application for transfer.
(b) Transfers issued pursuant to subsection (a) of this section shall only be permitted if the applicant or an authorized representative appears at the Department of Motor Vehicles’ office in Montpelier. Such transfers shall be permitted by mail, if the transfer is between vehicles registered at the same weight. (Added 1987, No. 187 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1433. Reasonable access

§ 1433. Reasonable access
Reasonable access, within the meaning of 19 V.S.A. § 1111, shall be permitted to those vehicles operating pursuant to the provisions of subsections 1302(c) and 1432(e) of this title between the Dwight D. Eisenhower National System of Interstate and Defense Highways and any other qualifying Federal-aid Primary System highways, as designated by the Secretary of the U.S. Department of Transportation and the Vermont Secretary of Transportation, and terminals; facilities for food, fuel, repairs, and rest; and points of loading and unloading for household goods carriers. The Vermont Secretary of Transportation shall by rule pursuant to 3 V.S.A. chapter 25 either designate those portions of the public highways over which such reasonable access shall be permitted or provide for the issuance of permits to allow reasonable access. However, permits shall not be required for tractor-semi-trailer combinations designed for the transportation of automobiles and having provision for transporting motor vehicles on part of the power unit provided the combinations comply with the provisions of subsection 1432(a) of this title. (Added 1983, No. 74, § 3, eff. April 28, 1983; amended 1987, No. 95, § 6, eff. June 23, 1987; 2015, No. 47, § 35; 2019, No. 149 (Adj. Sess.), § 15; 2021, No. 20, § 248.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1434. Operation in excess of weight, height, or width limits; penalties

§ 1434. Operation in excess of weight, height, or width limits; penalties
(a) General limits. The operation of a vehicle on a public highway in excess of the legal height, width, or length limits as prescribed in section 1431 or 1432 of this subchapter without first obtaining a permit to operate the vehicle, whether or not a permit is available, shall be a traffic violation, as defined in section 2302 of this title, and punishable by a civil penalty of $300.00 for a first offense, $600.00 for a second offense within a two-year period, and $800.00 for a third or subsequent offense within a two-year period.
(b) Permit limits. The operation of a vehicle on a public highway in excess of the legal height, width, or length limits as prescribed in section 1431 or 1432 of this subchapter in violation of the terms of a permit issued in conformance with section 1400 of this subchapter shall be a traffic violation, as defined in section 2302 of this title, and punishable by a civil penalty of $300.00 for a first offense, $600.00 for a second offense within a two-year period, and $800.00 for a third or subsequent offense within a two- year period.
(c) Covered bridges. The operation of a vehicle in excess of the legal limits designated for a covered bridge under section 1397a of this subchapter or applicable under subdivisions 1392(1) and (2) of this subchapter shall be a traffic violation, as defined in section 2302 of this title, and punishable by a civil penalty of $1,000.00 or, if the violation results in substantially impeding the flow of traffic, $2,000.00. For a second or subsequent conviction within a three-year period, the applicable penalty shall be doubled.
(d) Refusal to issue a permit. In the case of a violation under subsection (a) of this section, the Commissioner may refuse to issue a permit to the violator under section 1400 of this subchapter for a period not to exceed three months, if the owner or lessee commits four or more violations within a two-year period. If the holder of a permit commits four or more violations under subsection (b) of this section within a two-year period, the Commissioner may suspend, for a period not to exceed three months, any permit issued to the violator under section 1400 of this subchapter. For the purposes of this section, the owner or lessee of the vehicle shall be considered the holder of, or applicant for, the permit. (Added 1995, No. 119 (Adj. Sess.), § 11, eff. April 25, 1996; amended 1997, No. 46, § 5; 1997, No. 120 (Adj. Sess.), § 9e; 2015, No. 47, § 34; 2019, No. 131 (Adj. Sess.), § 205; 2021, No. 184 (Adj. Sess.), § 49, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1435. Enforcement plan

§ 1435. Enforcement plan
It is the intention of the General Assembly that the Departments of Motor Vehicles and Public Safety, in conjunction with other law enforcement entities throughout the State, produce a coordinated statewide truck enforcement, safety, and training plan. The plan shall provide for a common philosophy and approach to commercial vehicle enforcement while recognizing the different focus and responsibilities of each entity. The plan shall also provide for training of commercial vehicle enforcement officers as well as a process to ensure effective communication of information between enforcement personnel, the over dimension permitting unit, and members of the trucking industry. In addition, the plan shall provide for periodic informational meetings with municipalities, groups of municipalities, regional entities, and the general public. (Added 1997, No. 46, § 6; amended 1997, No. 120 (Adj. Sess.), § 9g.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1436. Statewide Municipal Commercial Motor Vehicle Enforcement Fund

§ 1436. Statewide Municipal Commercial Motor Vehicle Enforcement Fund
A Statewide Municipal Commercial Motor Vehicle Enforcement Fund is created for the purpose of supporting commercial motor vehicle law enforcement initiatives in the State. The Fund shall be administered by the Commissioner of Motor Vehicles. Municipalities may apply to the Commissioner on forms supplied by the Department of Motor Vehicles. Funds distributed to municipalities, which shall not exceed $12,000.00 annually per municipality under this section, shall be used for training of municipal law enforcement officers for commercial motor vehicle enforcement, temporary replacement officers for those municipal law enforcement officers receiving commercial motor vehicle enforcement training, and other municipal commercial motor vehicle enforcement uses as determined by the Commissioner. The Commissioner shall ensure that the activities of the commercial motor vehicle law enforcement initiative are consistent with those of the enforcement plan produced pursuant to section 1435 of this title. (Added 1997, No. 120 (Adj. Sess.), § 9h; amended 1999, No. 154 (Adj. Sess.), § 18; 2003, No. 160 (Adj. Sess.), § 52, eff. June 9, 2004.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1437. Exception for towaway trailer transporter combination

§ 1437. Exception for towaway trailer transporter combination
(a) As used in this section:
(1) “Towaway trailer transporter combination” means a combination of vehicles consisting of a trailer transporter towing unit and two trailers or semitrailers with a total weight that does not exceed 26,000 pounds and in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers.
(2) “Trailer transporter towing unit” means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.
(b) Notwithstanding sections 1391-1398 of this title, a towaway trailer transporter combination may be operated on the Dwight D. Eisenhower System of Interstate and Defense Highways, those classes of qualifying Federal-aid Primary System highways as designated by the Secretary of the U.S. Department of Transportation, and on highways leading to or from the Dwight D. Eisenhower System of Interstate and Defense Highways for a distance of one mile or less without a permit if the overall length does not exceed 82 feet unless the Vermont Secretary of Transportation finds the use of a specific highway to be unsafe. (Added 2019, No. 149 (Adj. Sess.), § 15a.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1451. Loads on passenger cars

§ 1451. Loads on passenger cars
No person shall operate a passenger type motor vehicle upon any highway with any load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof, nor when any baggage or other object is carried in a way to obscure either number plate or any light on such vehicle.
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1452. Securing loads of wood or wood products

§ 1452. Securing loads of wood or wood products
(a) As used in this section:
(1) “Load” means the total of wood or wood products being carried.
(2) “Tier” means the total vertical height of all wood or wood products arranged individually or in layers, or in bundles placed one above the other.
(3) “Binding” means chain, wire rope, steel cable, steel strapping, or nylon webbing together with tightening device.
(b) A person may not operate a motor truck, truck tractor, trailer, or semi-trailer on a public highway carrying wood or wood products unless the load is securely fastened to the vehicle and each load or tier up to a length of five feet inclusive shall be fastened with one binding; if the length exceeds five feet but does not exceed 10 feet, it shall be fastened with two bindings; if the length exceeds 10 feet, it shall be fastened with three bindings.
(c) The ends of any bindings, whether the vehicle is loaded or unloaded, shall be so secured that loose ends do not endanger pedestrians, motorists, or other vehicles using the highway.
(d) Any bindings used hereunder shall have a capacity of at least 2,750 pounds working load limit as rated by the manufacturer.
(e) This section shall not be construed to include a truck transporting lumber, wood, or sawmill wastes, when transported in a box-type body with solid sides, provided that such truck is not loaded higher than its side-boards. (Amended 1967, No. 326 (Adj. Sess.); 1971, No. 118, eff. April 26, 1971; 2019, No. 131 (Adj. Sess.), § 206.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1453. Baled products

§ 1453. Baled products
(a)(1) An individual shall not operate a motor vehicle loaded with baled hay or straw or other baled products with any portion of the load extending beyond the front end of the vehicle bed; with the exception that a load extension is permitted beyond the front end of a truck bed, over the driver’s compartment or sleeping berth, provided this portion of the load is supported by permanent and substantial steel frame construction. Loads of baled hay, straw, or other baled products shall be solidly packed while in transit.
(2) Such loads, unless supported by substantially constructed sideboards or rack type bodies, shall be fastened securely to the vehicle by not less than two longitudinal binders and by a cross binder for each tier of baled hay or straw or other baled products, such binders to be of sufficient strength to hold such load in place. Such loads may be transported without sideboards and the binders specified in this subdivision if fastened by any commercial binding device equal or superior to the provisions set forth in this section. Such commercial binding device shall be approved by the Department of Motor Vehicles.
(b) The provisions of subsection (a) of this section shall not apply to a farmer engaged in farming operations where such transportation requires that he or she use the public highways; provided, however, that the farmer loads and transports the loads in a reasonably safe manner.
(c) Any enforcement officer may stop and inspect vehicles in respect to compliance with the provisions of this section, and if it is found that the load is being transported in violation of this section, the enforcement officer may arrest without warrant and shall prohibit the operator of such vehicle from continuing en route until the load has been made to comply with this section. (Amended 1971, No. 228 (Adj. Sess.), § 32; 2019, No. 131 (Adj. Sess.), § 207.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1454. Securing loads

§ 1454. Securing loads
(a) A person shall not operate a motor vehicle nor draw a trailer or semi-trailer on a highway unless the motor vehicle, trailer, or semi-trailer is so constructed and loaded that it will create no hazard to other users of the highway.
(b) The Commissioner may, by rule, impose design and load security requirements, consistent with nationally recognized safety standards, upon motor vehicles, trailers, and semi-trailers in order to provide for the safe and secure transport of any loads. (1961, No. 62, §§ 1, 2; amended 1971, No. 228 (Adj. Sess.), § 32; 1997, No. 46, § 7.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1455. Carrying of permits in the permitted motor vehicle

§ 1455. Carrying of permits in the permitted motor vehicle
All permits issued pursuant to this subchapter shall be carried in the motor vehicle in either paper or electronic form. Use of a portable electronic device to display an electronic permit does not in itself constitute consent for an enforcement officer to access other contents of the device. The civil penalty for violation of this section shall be $150.00. A violation of this section shall be considered an offense separate from any other related violations. (Added 2023, No. 41, § 24, eff. June 1, 2023.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1492. Liability for damage defined; limitations

§ 1492. Liability for damage defined; limitations
The owner, driver, operator, or mover of any motor truck, tractor, trailer, wagon, cart, carriage, or other object or contrivance that is moved or operated on any highway in violation of any of the provisions of sections 1083, 1092, 1302, 1305, and 1431 and subsection 1434(c) of this subchapter; such portion of sections 1003 and 1081 of this subchapter as pertains to trucks and buses; and such portion of section 1391 of this subchapter as relates to weight in relation to tire surface shall be liable to the State or municipal corporation in which the act is committed for damages to a public highway or bridge occasioned by such moving or operating, to be recovered in a civil action, in the name of the State or municipal corporation, or in an action on the bond provided in this chapter in connection with the issuance of permits, provided the action is brought within two years after such act is committed. (Amended 2021, No. 184 (Adj. Sess.), § 50, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 15 - Powers of Enforcement Officers › § 1601. Identification of motor vehicles

§ 1601. Identification of motor vehicles
The Commissioner, his or her deputies, and all enforcement officers may at all times, with or without process, stop any motor vehicle to examine identification numbers and marks thereon and raise the hood or engine cover if necessary to accomplish their purpose, and may demand and inspect the driver’s license, registration certificate, and permits. They may also at all times, with or without process, enter public garages, parking places, and public buildings where motor vehicles are stored or kept, for the purpose of examining identification numbers and marks thereon and may also, in like manner, examine any motor vehicle standing in any public place or way. They may in like manner examine any motor vehicle to ascertain whether its equipment complies with the requirements of law relating to motor vehicles.
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 15 - Powers of Enforcement Officers › § 1602. Traffic control

§ 1602. Traffic control
The Commissioner and enforcement officers may control and direct motor vehicle traffic. They may arrest violators of the motor vehicle laws and the laws relative to lights on teams, on view without process, and take such persons before a court having jurisdiction of the offense. They may control and direct all vehicles in places of traffic congestion.
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 15 - Powers of Enforcement Officers › § 1603. Investigation of crashes

§ 1603. Investigation of crashes
The Commissioner of Public Safety shall immediately after receiving notice of a crash where a personal injury occurs, and, in case of notice of a crash where an injury occurs to property, may cause such crash to be investigated by an enforcement officer, and where such investigation reveals facts tending to show culpability on the part of any motor vehicle owner or operator, he or she shall cause such facts to be reported to the State’s Attorney of the county where the crash occurred. The State’s Attorney shall further investigate the crash and may hold an inquest as provided by 13 V.S.A. §§ 5131-5137. After such investigation or inquest, he or she shall immediately report to the Commissioner of Motor Vehicles the result thereof together with his or her recommendation as to the suspension of the license of the operator of any motor vehicle involved in the crash. (Amended 2021, No. 76, § 4.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 15 - Powers of Enforcement Officers › § 1603a. Reports of crashes

§ 1603a. Reports of crashes
(a) All crashes involving a commercial motor vehicle or any vehicle displaying a hazardous materials placard shall be reported to the Agency of Transportation by appropriate law enforcement personnel on forms and in a manner prescribed by the Secretary of Transportation.
(b) Law enforcement officers who investigate motor vehicle crashes other than those involving vehicles described in subsection (a) of this section shall forward a report to the Agency of Transportation within 30 days after the crash is investigated on forms prescribed and furnished by the Secretary of Transportation and approved by the Attorney General with respect to any matter affecting the substantive rights of any person. (Added 1999, No. 154 (Adj. Sess.), § 20, eff. Oct. 1, 2000; amended 2009, No. 39, § 4.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 15 - Powers of Enforcement Officers › § 1603b. Agency of Transportation repository for crash reports filed by law enforcement; Department of Motor Vehicles repository for operator crash reports

§ 1603b. Agency of Transportation repository for crash reports filed by law enforcement; Department of Motor Vehicles repository for operator crash reports
The Agency of Transportation shall be the crash data repository for reports submitted by law enforcement agencies in the State. The Department of Motor Vehicles shall be the repository agency for all operator crash reports. (Added 2009, No. 39, § 5.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 15 - Powers of Enforcement Officers › § 1604. Seizure of motor vehicles

§ 1604. Seizure of motor vehicles
An enforcement officer, without process, may seize a motor vehicle, snowmobile, motorboat, or all-terrain vehicle found by him or her on which the manufacturer’s serial or motor number or any of the identifying numbers placed on the motor vehicle, snowmobile, motorboat, or all-terrain vehicle by the manufacturer of the motor vehicle, snowmobile, motorboat, or all-terrain vehicle or any of the parts thereof have been obliterated, defaced, or tampered with, or when in his or her judgment the motor vehicle, snowmobile, motorboat, or all-terrain vehicle has been stolen, and may retain possession of the motor vehicle, snowmobile, motorboat, or all-terrain vehicle until the Commissioner or State’s Attorney of the county where the vehicle, snowmobile, motorboat, or all-terrain vehicle is found is satisfied as to the rightful ownership thereof. Immediately on the seizure of the motor vehicle, snowmobile, motorboat, or all-terrain vehicle, the officer shall report the same, together with all the facts obtainable by him or her, to the Commissioner, and the officer shall notify the State’s Attorney of the county in which the motor vehicle, snowmobile, motorboat, or all-terrain vehicle was seized and cause the ownership of the motor vehicle, snowmobile, motorboat, or all-terrain vehicle to be investigated. (Amended 2007, No. 19, § 5.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 15 - Powers of Enforcement Officers › § 1608. Preservation of data

§ 1608. Preservation of data
(a) Preservation request.
(1) A law enforcement agency or the Department of Motor Vehicles or other person with a legitimate law enforcement purpose may apply to the Criminal Division of the Superior Court for an extension of up to 90 days of the 18-month retention period established under subdivision 1607(d)(2) of this title if the agency or Department offers specific and articulable facts showing that there are reasonable grounds to believe that the captured plate data are relevant and material to an ongoing criminal or missing persons investigation or to a pending court or Judicial Bureau proceeding involving enforcement of a crime or of a commercial motor vehicle violation. Requests for additional 90-day extensions or for longer periods may be made to the Superior Court subject to the same standards applicable to an initial extension request under this subdivision.
(2) A governmental entity making a preservation request under this section shall submit an affidavit stating:
(A) the particular camera or cameras for which captured plate data must be preserved or the particular license plate for which captured plate data must be preserved; and
(B) the date or dates and time frames for which captured plate data must be preserved.
(b) Captured plate data shall be destroyed on the schedule specified in section 1607 of this title if the preservation request is denied or 14 days after the denial, whichever is later. (Added 2013, No. 69, § 2; amended 2015, No. 169 (Adj. Sess.), § 9; repealed on July 1, 2024 by 2021, No. 147 (Adj. Sess.), § 34, eff. May 31, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 17 - General Offenses and Jurisdiction › § 1701. Possession of motor vehicles with serial or motor numbers defaced

§ 1701. Possession of motor vehicles with serial or motor numbers defaced
A person shall not knowingly keep in his or her possession or ownership for more than 10 days a motor vehicle or vessel, the manufacturer’s serial or motor numbers or identifying numbers assigned by the Commissioner of which have been changed, tampered with, obliterated, or defaced, unless the person has applied to the Commissioner for the assignment of a new number to be placed on the vehicle or vessel or motor and the application has been granted. (Amended 1971, No. 228 (Adj. Sess.), § 26; 1991, No. 164 (Adj. Sess.), § 5.)