reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2042. Perfecting security interest

§ 2042. Perfecting security interest
(a) Unless excepted by section 2041 of this title, a security interest in a vehicle of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this subchapter.
(b) A security interest is perfected by the delivery to the Commissioner of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his or her security agreement, and the required fee. It is perfected as of the time of its creation if delivery is completed within 20 days thereafter, otherwise as of the time of the delivery.
(c) If a vehicle is subject to a security interest when brought into this State, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:
(1) If the parties understood at the time the security interest attached that the vehicle would be kept in this State and it was brought into this State within 30 days thereafter for purposes other than transportation through this State, the validity of the security interest in this State is determined by the law of this State.
(2) If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:
(A) If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, his or her security interest continues perfected in this State.
(B) If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this State for four months after a first certificate of title of the vehicle is issued in this State, and also thereafter if, within the four-month period, it is perfected in this State. The security interest may also be perfected in this State after the expiration of the four-month period; in that case perfection dates from the time of perfection in this State.
(3) If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this State; in that case, perfection dates from the time of perfection in this State.
(4) A security interest may be perfected under subdivision (2)(B) or subdivision (3) of this subsection either as provided in subsection (b) of this section or by the lienholder delivering to the Commissioner a notice of security interest in the form the Commissioner prescribes and the required fee. (Added 1969, No. 297 (Adj. Sess.), § 1, eff. Sept. 1, 1971; amended 1979, No. 38.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2043. Duties on creation of security interest

§ 2043. Duties on creation of security interest
If an owner creates a security interest in a vehicle:
(1) The owner shall immediately execute the application, in the space provided therefor 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 1969, No. 297 (Adj. Sess.), § 1, eff. Sept. 1, 1971.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2044. Assignment of security interest

§ 2044. Assignment of security interest
(a) A lienholder may assign, absolutely or otherwise, his or her security interest in the 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 1969, No. 297 (Adj. Sess.), § 1, eff. Sept. 1, 1971.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2046. Lienholder to furnish information

§ 2046. 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 1969, No. 297 (Adj. Sess.), § 1, eff. Sept. 1, 1971.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2047. Method of perfecting security interest exclusive

§ 2047. Method of perfecting security interest exclusive
The method provided in this subchapter of perfecting and giving notice of security interests subject to this subchapter is exclusive. Security interests subject to this subchapter are hereby exempted from the provisions of law that otherwise require or relate to the filing of instruments creating or evidencing security interests. (Added 1969, No. 297 (Adj. Sess.), § 1, eff. Sept. 1, 1971.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2048. Terminal rental adjustment clauses; vehicle leases that are not sales or security interests

§ 2048. Terminal rental adjustment clauses; vehicle leases that are not sales or security interests
In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. (Added 1993, No. 27, § 6.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2081. Application of subchapter

§ 2081. Application of subchapter
(a) This subchapter does not apply to a self-propelled wheelchair or invalid tricycle.
(b) The provisions of this subchapter that apply to certificates of title shall also apply to salvage certificates of title, exempt vehicle titles, certificates of origin, and secure assignments of title. (Added 1969, No. 297 (Adj. Sess.), § 1, eff. Sept. 1, 1971; amended 1991, No. 164 (Adj. Sess.), § 10; 2015, No. 50, § 33a, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2082. Altering, forging, or counterfeiting certificates; penalty

§ 2082. Altering, forging, or counterfeiting certificates; penalty
(a) A person who with fraudulent intent commits any of the following acts shall be subject to the penalties provided in subsection (b) of this section:
(1) alters, forges, counterfeits, or knowingly makes or causes to be made a false official certificate of title;
(2) alters or forges 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) has possession of or uses a certificate of title knowing it to have been altered, forged, counterfeited, or fraudulently obtained or made; or
(4) uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in or alters information on or forges a signature on an application for a certificate of title or duplicate certificate of title.
(b) A person convicted of violating this section shall be fined not less than $500.00 or more than $5,000.00 or be imprisoned not less than one year or more than five years, or both. (Added 1969, No. 297 (Adj. Sess.), § 2, eff. Sept. 1, 1971; amended 1991, No. 164 (Adj. Sess.), § 11; 2001, No. 69, § 7; 2015, No. 47, § 37.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2083. Other offenses

§ 2083. Other offenses
(a) A person who:
(1) knowing that another person is not entitled to use or possess a certificate of title, knowingly permits that person to use or possess the certificate, shall be subject to the penalties prescribed in subdivision (5) of this subsection;
(2) knowingly fails to mail or deliver a certificate of title or application for a certificate of title to the Commissioner within 30 days after the transfer or creation or satisfaction of a security interest shall be subject to the penalties prescribed in subdivision (5) of this subsection;
(3) knowingly fails to deliver to his or her transferee a certificate of title within 30 days after the transfer shall be subject to the penalties prescribed in subdivision (5) of this subsection;
(4) knowingly and without authority signs a name other than his or her own on any title, or knowingly alters or inaccurately states the chain of ownership or other information required on any title, or knowingly fails to return a certificate of title that has been fraudulently made, or knowingly has unauthorized possession of blank certificates of title or manufacturer’s certificates of origin, shall be subject to the penalties prescribed in subdivision (5) of this subsection;
(5) knowingly violates any provision of this chapter, except as provided in subdivision (6) of this subsection or section 2082 of this title, shall be fined not more than $2,000.00 or imprisoned for not more than two years, or both; or
(6) knowingly represents as his or her own or sells or transfers a motor vehicle or vessel to which he or she does not hold legal title or is not authorized by the titleholder to sell or transfer, shall be fined not more than $5,000.00 or imprisoned for not more than five years, or both, for each offense.
(b) Absent a showing of a knowing failure to deliver as provided in subdivision (a)(3) of this section, a person who fails to deliver to his or her transferee a certificate of title within 30 days after the transfer commits a traffic violation and shall be assessed a civil penalty of not more than $1,000.00. (Added 1969, No. 297 (Adj. Sess.), § 2, eff. Sept. 1, 1971; amended 1991, No. 164 (Adj. Sess.), § 12; 2001, No. 69, § 8; 2009, No. 39, § 6; 2011, No. 46, § 15; 2019, No. 60, § 22.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2084. Report of theft, recovery of unclaimed vehicle

§ 2084. Report of theft, recovery of unclaimed vehicle
(a) An enforcement officer, sheriff, or constable who learns of the theft of a vehicle not since recovered, or of the recovery of a 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 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 so reported the theft or conversion of a 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 vehicles for the public, in which a vehicle remains unclaimed for a period of 30 days, shall, within five days after the expiration of that period, report the vehicle as unclaimed to the Commissioner. A 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 vehicle as unclaimed in accordance with this subsection forfeits all claims and liens for its garaging, parking, or storing and shall be assessed a civil penalty of 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 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 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 vehicle. (Added 1969, No. 297 (Adj. Sess.), § 2, eff. Sept. 1, 1971; amended 2019, No. 131 (Adj. Sess.), § 217.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2085. False report

§ 2085. False report
A person who knowingly makes a false report of the theft or conversion of a vehicle to an enforcement officer or to the Commissioner shall be fined not more than $500.00 or imprisoned not more than six months, or both. (Added 1969, No. 297 (Adj. Sess.), § 2, eff. Sept. 1, 1971.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2086. Impeachment of defendant

§ 2086. Impeachment of defendant
In a prosecution for a crime specified in this subchapter, a certified copy of a conviction under section 2082 of this title is admissible to impeach the credibility of the defendant. (Added 1969, No. 297 (Adj. Sess.), § 2, eff. Sept. 1, 1971.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2087. Construction with other laws

§ 2087. Construction with other laws
The penal provisions of this subchapter in no way repeal or modify any existing provision of criminal law but are additional and supplementary. (Added 1969, No. 297 (Adj. Sess.), § 2, eff. Sept. 1, 1971; amended 2019, No. 131 (Adj. Sess.), § 218.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2092. Issuance of salvage title

§ 2092. Issuance of salvage title
The Commissioner shall file and maintain in the manner provided in section 2017 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 vehicle. (Added 1983, No. 60, § 10; amended 1983, No. 129 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2093. Salvaged, totaled, and rebuilt vehicles

§ 2093. Salvaged, totaled, and rebuilt vehicles
(a) If a vehicle upon which a salvage certificate of title, a parts-only certificate, or other document indicating the vehicle is not sold for re-registration purposes has been or should have been issued by the Commissioner or by any other jurisdiction or person, or a vehicle that has been declared a totaled motor vehicle is rebuilt and restored for highway operation, the owner thereof shall not apply for a certificate of title or registration, and none shall be issued until the vehicle has been inspected by the Commissioner or his or her authorized representative. The inspection of the vehicle shall be conducted in the manner prescribed by the Commissioner and shall include verification of the vehicle identification number and bills of sale or titles for major component parts used to rebuild the vehicle. When necessary, a new vehicle identification number shall be attached to the vehicle as provided by section 2003 of this title. Any new title issued for such vehicles shall contain the legend “rebuilt.”
(b) Any person who sells, trades, or offers for sale or trade any interest in a salvaged, salvaged and rebuilt, or totaled vehicle shall disclose the fact that the vehicle has been salvaged, salvaged and rebuilt, or totaled to a prospective purchaser both orally and in writing before a sale, trade, or transfer is made. Written disclosure that the 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 1983, No. 60, § 10; amended 1987, No. 149 (Adj. Sess.), § 2; 1991, No. 164 (Adj. Sess.), § 13; 2015, No. 50, § 19.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2094. Records; inspection

§ 2094. Records; inspection
(a) Each person who purchases or in any manner acquires a motor 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 which are reasonably necessary to substantiate the information contained in the application required by sections 2091 and 2093 of this title. These records shall include parts and accessories obtained and used for the repair or rebuilding, or both, of a 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 subchapter.
(c) Any salvage dealer who in any manner receives a motor vehicle which does not have a plate attached to said vehicle bearing the vehicle identification number shall notify the Commissioner in writing that such a vehicle has been received within seven days. (Added 1983, No. 60, § 10; amended 1991, No. 164 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2095. Penalty

§ 2095. Penalty
(a) A person who violates any provision of section 2094 of this subchapter shall be fined not more than $500.00 or imprisoned not more than six months, or both.
(b) A person who violates any provision of this subchapter other than section 2094 shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both. (Added 1983, No. 60, § 10; amended 1991, No. 164 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2151. Definitions

§ 2151. Definitions
As used in this subchapter:
(1)(A) “Abandoned motor vehicle” means:
(i) a motor vehicle that has remained on public or private property or on or along a highway for more than 48 hours without the consent of the owner or person in control of the property and has a valid registration plate or public vehicle identification number that has not been removed, destroyed, or altered; or
(ii) a motor vehicle that has remained on public or private property or on or along a highway without the consent of the owner or person in control of the property for any period of time if:
(I) the vehicle does not have a valid registration plate or the public vehicle identification number has been removed, destroyed, or altered; or
(II) a law enforcement officer has requested that the vehicle be removed by a towing business.
(B) “Abandoned motor vehicle” does not include a vehicle or other equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which is left in a manner that does not interfere with the normal movement of traffic.
(2) “Landowner” means a person who owns or leases or otherwise has authority to control use of real property.
(3) “Law enforcement officer” means a State Police officer, municipal police officer, motor vehicle inspector, Capitol Police officer, constable, sheriff, or deputy sheriff certified by the Vermont Criminal Justice Council under 20 V.S.A. § 2358.
(4) “Motor vehicle” means all vehicles propelled or drawn by power other than muscular power that have, or could have, one or more of the following:
(A) a registration plate, registration decal, or certificate of number;
(B) a public vehicle identification number; or
(C) a certificate of title.
(5) “Public vehicle identification number” means the public vehicle identification number that is usually visible through the windshield and attached to the driver’s side of the dashboard, instrument panel, or windshield pillar post or on the doorjamb on the driver’s side of the vehicle. (Added 2003, No. 101 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 77; 2023, No. 41, § 31, eff. July 1, 2023.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2152. Authorized removal of abandoned motor vehicles

§ 2152. Authorized removal of abandoned motor vehicles
(a) Public property. A law enforcement officer is authorized to remove or cause removal of an abandoned motor vehicle from public property, and may contact a towing service for its removal, based upon personal observation by the officer that the vehicle is an abandoned motor vehicle.
(b) Private property.
(1) A law enforcement officer is authorized to remove or cause removal of an abandoned motor vehicle from private property, and may contact a towing service for its removal, based upon the request of the landowner on whose property the vehicle is located and information indicating that the vehicle is an abandoned motor vehicle.
(2) A landowner of private property is authorized to remove or cause removal of an abandoned motor vehicle from that property or to any other place on any property of the landowner, and may contact a towing service for its removal. A landowner who removes or causes removal of an abandoned motor vehicle shall immediately notify the police agency in the jurisdiction from which the vehicle is removed and provide the registration plate number, the public vehicle identification number, if available, and the make, model, and color of the vehicle. The landowner may remove the vehicle from the place where it is discovered to any other place on any property owned by him or her, or cause the vehicle to be removed by a towing service under the provisions of this subsection, without incurring any civil liability to the owner of the abandoned vehicle. (Added 2003, No. 101 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 77.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2153. Abandoned motor vehicle certification

§ 2153. Abandoned motor vehicle certification
(a) A landowner on whose property an abandoned motor vehicle was discovered or has been relocated to shall apply to the Department for an abandoned motor vehicle certification on forms supplied by the Department within 90 days after the date the vehicle was discovered or relocated. An abandoned motor vehicle certification form shall indicate the date that the abandoned motor vehicle was discovered or relocated; the make, color, model, and location of the vehicle; the name, address, and telephone number of the landowner of the property where the vehicle is currently located; and a certification of the public vehicle identification number, if any, prepared by a law enforcement officer, licensed dealer, or inspection station designated by the Commissioner of Motor Vehicles. This subsection shall not be construed as creating a private right of action against the landowner of the property where an abandoned motor vehicle is located.
(b) Upon receipt of an abandoned motor vehicle certification form, the Commissioner shall attempt to identify and notify the owner of the vehicle as required by section 2154 of this title. If no owner can be determined by the Commissioner within the time period allowed by section 2154 of this title, the Commissioner shall issue a certificate of abandoned motor vehicle with appropriate title or salvage title, or both, and the vehicle may be disposed of in the manner set forth in section 2156 of this title. (Added 2003, No. 101 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 77; 2023, No. 41, § 32, eff. July 1, 2023.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2154. Identification and reclamation of abandoned motor vehicles

§ 2154. Identification and reclamation of abandoned motor vehicles
(a) The Department shall make a reasonable attempt to locate an owner of an abandoned motor vehicle.
(1) If the abandoned motor vehicle is not identifiable by its registration plates or public vehicle identification number, and if no owner can be determined within 21 days of the date of receipt of the abandoned motor vehicle certification form, the Commissioner shall issue a certificate of abandoned motor vehicle with an appropriate title or salvage title.
(2) If the abandoned motor vehicle is identifiable by its registration plates or public vehicle identification number, the Department shall, within three business days of receipt of the form for certification of abandoned motor vehicle, send notice to the last known registered owner and lienholder of the vehicle. The notice shall be sent by certified mail, return receipt requested, and shall advise the last known registered owner of the motor vehicle’s location and a telephone number where additional information about the motor vehicle may be obtained. If the receipt is not returned to the Department within seven business days, the Commissioner shall, by first-class mail, send a second notice. Within 21 days of sending the second notice, the last known registered owner or lienholder may reclaim and retrieve the motor vehicle by presenting to the Department satisfactory evidence of ownership and paying or arranging to pay any fees or charges authorized by section 2155 of this title. If the last known registered owner or lienholder fails or refuses to reclaim the motor vehicle within 21 days of the second mailing, the Commissioner shall issue a certificate of abandoned motor vehicle with appropriate title or salvage title.
(b) An owner or lienholder may reclaim an abandoned motor vehicle by presenting to the Department satisfactory evidence of ownership, and paying or reimbursing, or making arrangements to pay or reimburse, the towing agency, the Department, or the landowner, as the case may be, any towing fee or storage charges permitted under section 2155 of this title. (Added 2003, No. 101 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 77.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2155. Fees and charges

§ 2155. Fees and charges
(a) Towing fees. For towing an abandoned motor vehicle from private property, a towing service may charge a reasonable fee to be paid by the vehicle owner or the landowner of the private property.
(b) Storage charges. In addition to any towing fee, an owner or lienholder reclaiming an abandoned motor vehicle may be charged and shall pay a fee for the costs of storage of the vehicle, except that no fee may be charged for storage for any period preceding the date upon which the form for abandoned motor vehicle certification is sent to the Department. (Added 2003, No. 101 (Adj. Sess.), § 1; amended 2015, No. 158 (Adj. Sess.), § 77.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2156. Disposal of abandoned motor vehicles

§ 2156. Disposal of abandoned motor vehicles
(a) If the Commissioner issues the certificate of abandoned motor vehicle, title to the motor vehicle shall pass to the holder of the certificate of abandoned motor vehicle, free from all claims of the owner or prior holder of the motor vehicle, and of all persons claiming through or under the owner or prior holder. The Commissioner shall issue an appropriate title or salvage title of the motor vehicle at no charge.
(b) Except for intentionally inflicted damage or gross negligence, neither the State nor any of its agents or employees shall be liable to the owner for any damage to the motor vehicle during the period in which the State retains custody. (Added 2003, No. 101 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 21 - Title to Motor Vehicles › § 2158. Fees for towing; public property; funding

§ 2158. Fees for towing; public property; funding
(a) A towing service may charge a fee of up to $125.00 for towing an abandoned motor vehicle from public property under the provisions of sections 2151–2157 of this subchapter. This fee shall be paid to the towing service upon the issuance by the Department of Motor Vehicles of a certificate of abandoned motor vehicles under section 2156 of this title. The Commissioner of Motor Vehicles shall notify the Commissioner of Finance and Management who shall issue payment to the towing service for vehicles removed from public property.
(b) [Repealed.] (Added 2005, No. 175 (Adj. Sess.), § 53; amended 2023, No. 41, § 33, eff. July 1, 2023.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 24 - Traffic Violations › § 2302. Traffic violation defined

§ 2302. Traffic violation defined
(a) As used in this chapter, “traffic violation” means:
(1) a violation of any provision of this title or rule adopted under this title for which no term of imprisonment is provided by law and for which a penalty of no more than $1,000.00 is provided;
(2) a violation of this title with a maximum penalty set at not more than $1,000.00 and for which no term of imprisonment is provided by law;
(3) a violation of this title with a scheduled penalty of not more than $1,000.00 established pursuant to 4 V.S.A. § 1102(d) and for which no term of imprisonment is provided by law;
(4) a violation of any municipal ordinance relating to the operation or use of motor vehicles or to the use of highways by pedestrians or by the operation of any other vehicle. Violations of municipal ordinances relating to parking of motor vehicles shall not be considered traffic violations;
(5) a violation of 5 V.S.A. chapter 28, relating to transportation of hazardous materials, and rules adopted pursuant to 5 V.S.A. § 2001;
(6) a violation of 5 V.S.A. chapter 29, relating to motor carrier safety standards, and rules adopted pursuant to 5 V.S.A. § 2101;
(7) a violation of 5 V.S.A. § 3408(c), relating to trail use of certain State-owned railroad corridors, or of 5 V.S.A. § 3734, related to trespassing on railroad property;
(8) a violation of 19 V.S.A. § 7(j), relating to access to or use of environmental mitigation sites administered by the Agency of Transportation;
(9) a violation for which the penalties are calculated under section 1391a of this title;
(10) a violation of subsection 3024(b) of this title;
(11) a violation of subsection 1006b(b), section 1006c, or subsections 4120(a) and (b) of this title; or
(12) a violation of section 4123 of this title.
(b) A traffic violation is not a crime and shall be treated as a civil action.
(c) A violation of a traffic law in this title for which no penalty is otherwise provided shall be subject to a penalty of not more than $1,000.00. (Added 1989, No. 109, § 2, eff. July 1, 1990; amended 1991, No. 193 (Adj. Sess.), § 3, eff. May 19, 1992; 1993, No. 211 (Adj. Sess.), § 26, eff. June 17, 1994; 1995, No. 181 (Adj. Sess.), § 12; 1997, No. 121 (Adj. Sess.), § 10; 1999, No. 156 (Adj. Sess.), § 14, eff. May 29, 2000; 1999, No. 160 (Adj. Sess.), § 22; 2003, No. 109 (Adj. Sess.), § 13; 2005, No. 166 (Adj. Sess.), § 9; 2015, No. 158 (Adj. Sess.), §§ 17, 70.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 24 - Traffic Violations › § 2303. Expungement of violation records

§ 2303. Expungement of violation records
(a) Expungement. Two years following the satisfaction of a judgment resulting from an adjudication or conviction of a violation identified in this subsection, the Judicial Bureau shall make an entry of “expunged” and notify the Department of Motor Vehicles of such action consistent with the data transfer policy between the Judicial Bureau and the Department. The data transfer to the Department shall include the name, date of birth, ticket number, offense, license number, and personal identifying number. The Judicial Bureau shall make the expungement entry pursuant to this section for the following violations:
(1) section 301 of this title (operating an unregistered vehicle);
(2) subsection 307(a) of this title (failing to possess registration);
(3) section 611 of this title (failing to possess license);
(4) subsection 676(a) of this title (operating after suspension);
(5) section 601 of this title (operating without a license);
(6) section 800 of this title (operating without insurance); and
(7) subsection 1222(c) of this title (operating an uninspected vehicle).
(b) Effect of expungement.
(1) Upon entry of an expungement order, the order shall be legally effective immediately and the individual whose record is expunged shall be treated in all respects as if he or she had never been convicted or adjudicated of the violation. This includes the expungement of any points accumulated pursuant to chapter 25 of this title.
(2) Upon an entry of expunged, the case will be accessible only by the Clerk of the Court for the Judicial Bureau or the Clerk’s designee. Convictions or adjudications that have been expunged shall not appear in the results of any Judicial Bureau database search by name, date of birth, driver’s license number, or any other data identifying the defendant. Except as provided in subsection (c) of this section, any documents or other records related to an expunged conviction or adjudication that are maintained outside the Judicial Bureau’s case management system shall be destroyed.
(3) Upon receiving an inquiry from any person regarding an expunged record, the Judicial Bureau and Department of Motor Vehicles shall respond that “NO RECORD EXISTS.”
(c) Exception for research entities. Research entities that maintain conviction or adjudication records for purposes of collecting, analyzing, and disseminating criminal justice data shall not be subject to the expungement requirements established in this section. Research entities shall abide by the policies established by the Court Administrator and shall not disclose any identifying information from the records they maintain.
(d) Policies for implementation. The Court Administrator shall establish policies for implementing this section. (Added 2021, No. 58, § 4.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 24 - Traffic Violations › § 2305. Procedure

§ 2305. Procedure
Traffic violations shall be heard by the Judicial Bureau and the procedure shall be as provided in 4 V.S.A. chapter 29. (Added 1989, No. 109, § 2, eff. July 1, 1990; amended 1991, No. 150 (Adj. Sess.), § 1, eff. May 5, 1992; 1997, No. 121 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 24 - Traffic Violations › § 2308. Reports

§ 2308. Reports
The Court Administrator shall prepare audits, records, and reports relating to traffic complaints and violations. The Court Administrator shall also notify the Commissioner of Motor Vehicles of any violations that are uncontested or admitted or that are determined after hearing to have been committed or in connection with which a default judgment has been entered. The Commissioner of Motor Vehicles shall file and record information on violations received under this section. (Added 1989, No. 109, § 2, eff. July 1, 1990.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 24 - Traffic Violations › § 2309. Violation report; assessment of points

§ 2309. Violation report; assessment of points
The Bureau shall send a report of each finding of a traffic violation to the Commissioner of Motor Vehicles. Such a finding shall be prima facie evidence of a violation and shall result in assessment of points and suspension or revocation of the person’s license or privilege to operate a motor vehicle. (Added 1997, No. 121 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 25 - Motor Vehicle Violations; Point System › § 2500. Application to traffic violations

§ 2500. Application to traffic violations
The provisions of this chapter shall apply to traffic violations covered under chapter 24 of this title and for that purpose a determination by the Judicial Bureau that a person has committed a traffic violation, whether by admission, no contest, determination after hearing, or entry of a default judgment, shall be deemed a conviction under this chapter. (Added 1989, No. 109, § 3, eff. July 1, 1990; amended 1997, No. 121 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 25 - Motor Vehicle Violations; Point System › § 2501. Motor vehicle point system

§ 2501. Motor vehicle point system
(a) For the purpose of identifying habitually reckless or negligent drivers and frequent violators of traffic regulations governing the movement of vehicles, a uniform system is established assigning demerit points for convictions of violations of this title or of ordinances adopted by local authorities regulating the operation of motor vehicles. Notice of each assessment of points may be given. No points shall be assessed for violating a provision of a statute or municipal ordinance regulating standing, parking, equipment, size, or weight, or if a Superior judge or Judicial Bureau hearing officer has waived the assessment of points in the interest of justice and in accordance with subsection (b) of this section. The conviction report from the court shall be prima facie evidence of the points assessed unless points are specifically waived in the conviction report. The Department of Motor Vehicles also is authorized to suspend the license of a driver when the driver’s driving record identifies the driver as a habitual offender under section 673a of this title.
(b) A Superior judge or Judicial Bureau hearing officer may waive the assessment of points against a person’s driving record for a moving violation if the waiver of points is in the interests of justice and if all of the following conditions are satisfied:
(1) the person has not had points assessed against his or her driving record within five years of the date of the moving violation;
(2) the person has had no more than three points assessed against his or her driving record within 10 years of the date of the moving violation;
(3) the moving violation is an offense for which no more than three points is specified under section 2502 of this title;
(4) the person was not operating a commercial motor vehicle as defined at section 4103 of this title at the time of the moving violation; and
(5) the moving violation did not result in bodily injury to another person or damage to property of another person. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 2005, No. 188 (Adj. Sess.), § 6; 2013, No. 57, § 31a; 2019, No. 131 (Adj. Sess.), § 219.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 25 - Motor Vehicle Violations; Point System › § 2502. Point assessment; schedule

§ 2502. Point assessment; schedule
(a) Unless the assessment of points is waived by a Superior judge or a Judicial Bureau hearing officer in the interests of justice and in accordance with subsection 2501(b) of this title, a person operating a motor vehicle shall have points assessed against his or her driving record for convictions for moving violations of the indicated motor vehicle statutes in accord with the following schedule: (All references are to this title of the Vermont Statutes Annotated.)
(1) Two points assessed for:
(2) Three points assessed for:
(3) Four points assessed for:
(4) Five points assessed for:
(5) Ten points assessed for:
(6) Two points assessed for sections 1003 and 1007. State speed zones and local speed limits, less than 10 miles per hour over and in excess of speed limit.
(7) Three points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 10 miles per hour over and in excess of speed limit.
(8) Five points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 20 miles per hour over and in excess of speed limit.
(9) Eight points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 30 miles per hour over and in excess of the speed limit.
(b) Two additional points shall be assessed for any violation that has resulted in a crash that was the fault of the violator, provided that before these additional points are added a determination on fault must have been made. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1985, No. 77, § 2, eff. Jan. 1, 1986; 1985, No. 85 § 9; 1989, No. 68, § 9, eff. Dec. 1, 1989; 1989, No. 109, § 4, eff. July 1, 1990; 1991, No. 55, §§ 14, 15; 1999, No. 102 (Adj. Sess.), § 3; 2009, No. 150 (Adj. Sess.), § 4; 2011, No. 147 (Adj. Sess.), § 4; 2013, No. 57, § 27, eff. July 1, 2013 in part and Jan. 1, 2014 in part; 2013, No. 57, § 31b; 2013, No. 96 (Adj. Sess.), § 148; 2013, No. 189 (Adj. Sess.), § 41, eff. Oct. 1, 2014; 2015, No. 47, § 43; 2015, No. 147 (Adj. Sess.), § 19; 2017, No. 71, § 13; 2017, No. 74, § 61a; 2019, No. 60, § 29; 2019, No. 149 (Adj. Sess.), § 35.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 25 - Motor Vehicle Violations; Point System › § 2503. Recording assessments

§ 2503. Recording assessments
Points shall remain assessed against the driving record of any person for a period of two years from the date of conviction. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1979, No. 91 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 25 - Motor Vehicle Violations; Point System › § 2505. Suspension or revocation of license

§ 2505. Suspension or revocation of license
When a person receives a number of convictions for moving violations sufficient to raise his or her point total to at least 10 points in a two-year period, the Commissioner shall initiate suspension proceedings pursuant to section 2506 of this title. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1979, No. 91 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 25 - Motor Vehicle Violations; Point System › § 2506. Procedure

§ 2506. Procedure
When a sufficient number of points has been acquired, the Commissioner shall suspend the license of an operator or the privilege of an unlicensed individual or nonresident to operate a motor vehicle, upon not less than 10 days’ notice, and upon hearing, if requested for verification of the conviction records. The suspension shall be for 10 days for an accumulation of 10 points, 30 days for 15 points, 90 days for 20 points, and for a period increasing by 30 days for each additional 5 points; except the suspension period for a conviction for first offense of sections 1091, 1094, 1128, and 1133 of this title shall be 30 days, for a second conviction 90 days, and for a third or subsequent six months, or the suspension period under the point values, whichever is greater. If a fatality occurs, the suspension shall be for a period of one year in addition to the suspension under the point values. For purposes of this section, a month equals 30 days and one year equals 365 days. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1979, No. 91 (Adj. Sess.), § 3; 1981, No. 229 (Adj. Sess.), § 1; 2011, No. 147 (Adj. Sess.), § 5; 2019, No. 131 (Adj. Sess.), § 220.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 25 - Motor Vehicle Violations; Point System › § 2507. Legislative review

§ 2507. Legislative review
(a) Prior to September 15 of every year, the Commissioner of Motor Vehicles or the Chair of either the House Committee on Transportation or the Senate Committee on Transportation may request a meeting in joint session to review the operations and point values assigned under this chapter.
(b) Legislation may be introduced on the operations and point values assigned under this chapter in any legislative year, provisions on reconsideration notwithstanding. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 1981, No. 229 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 27 - Diesel Fuel Tax › § 3000. Statutory purposes

§ 3000. Statutory purposes
The statutory purpose of the exemption for diesel tax in section 3003 of this title is to relieve off-road uses and farm truck uses from the user fee for the State highway system. (Added 2013, No. 200 (Adj. Sess.), § 19.)