reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3111. Neglect or refusal to file a report; estimate of tax by Commissioner; penalty and interest

§ 3111. Neglect or refusal to file a report; estimate of tax by Commissioner; penalty and interest
If a distributor neglects or refuses to file any report required by this chapter, the Commissioner shall make an estimate of the tax due, based upon information available to the Commissioner, for the period for which the distributor failed to make the report, and shall assess the tax due from the licensee, adding to the amount thus determined a penalty of 50 percent. The assessment shall bear interest at the rate of one and one-half percent per month from the date the tax payment was due until paid. The Commissioner shall give the licensee notice by mail of the assessment and payment shall be due within 15 days of the date of the mailing of the notice. (Added 1985, No. 207 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3112. Assessment; hearing permitted

§ 3112. Assessment; hearing permitted
A distributor against whom assessment is made pursuant to section 3110 or 3111 of this title may appear in person or by counsel in the office of the Commissioner within 15 days after the mailing to him or her of notice of the assessment then and there to show cause why the assessment is in error or to present any other facts or testimony that would bear on the amount of the assessment or the manner in which it was made. The hearing may be continued. If the distributor or his or her agent does not appear within the 15 days, the assessment shall become final. (Added 1985, No. 207 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3113. Reports of common carriers

§ 3113. Reports of common carriers
The Commissioner, upon his or her written or verbal demand, may require from common carriers within the State reports as to the shipment of motor fuels into the State. (Added 1985, No. 207 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3114. Penalties

§ 3114. Penalties
A person who violates any provision of this subchapter shall be fined not more than $2,000.00 nor less than $500.00. This penalty shall be in addition to the penalty imposed by any other section of this subchapter. (Added 1985, No. 207 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3115. Appeals

§ 3115. Appeals
(a) Any aggrieved person may have any decision, order, or finding of the Commissioner made under this chapter reviewed under Rule 75 of the Vermont Rules of Civil Procedure. The review shall be to the Washington Superior Court or, in the discretion of the applicant, to the Superior Court in the county where the person has his or her principal place of business or residence. The hearing on the review shall be de novo.
(b) The appeal provided by this section shall be the exclusive remedy available to any person for review of a decision of the Commissioner. (Added 1989, No. 46, § 6.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3116. Proceedings to recover tax

§ 3116. Proceedings to recover tax
(a) Whenever any person fails to pay any tax, penalty, or interest under this title, the Attorney General shall, upon the request of the Commissioner, enforce the payment on behalf of the State in any court of the State or of any other state of the United States or of any province of Canada.
(b) The remedy for the collection of taxes provided by 32 V.S.A. § 9811(b) shall be available to the Commissioner as an additional or alternate remedy and the Commissioner may issue a warrant directed to an enforcement officer who may exercise throughout the State the same powers granted to a sheriff in his or her county.
(c) The Commissioner is authorized to contract with private collection agencies for collection of tax penalties and interest imposed on persons who have failed to pay after reasonable notification of the debt. The Commissioner may agree to pay collection agencies a fixed rate for services rendered or a percentage of the amount actually collected by the agencies and remitted to the State. Notwithstanding 32 V.S.A. § 502, the Commissioner may charge against the collections an agreed-upon fixed rate or percentage of collections. (Added 1999, No. 154 (Adj. Sess.), § 41.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3117. Bond requirement; amount; failure of security

§ 3117. Bond requirement; amount; failure of security
(a) Notwithstanding any language in section 3102 of this title to the contrary, when the Commissioner deems it necessary to protect the revenues to be obtained under this subchapter, he or she may require a licensee to file with him or her a bond, issued by a surety company authorized to transact business in this State and approved by the Commissioner of Financial Regulation of this State as to solvency and responsibility, in an amount fixed by the Commissioner, but not to exceed the total potential liability of such person, to secure the payment of any tax or penalties or interest due or that may become due from a licensee under this subchapter. In the event that the Commissioner determines that such person is to file a bond, the Commissioner shall give notice to such person to that effect, specifying the amount of the bond required. That person shall file a bond within 15 days after the giving of the notice unless within those 15 days he or she shall request in writing a hearing before the Commissioner at which the necessity, propriety, and amount of the bond shall be determined by the Commissioner. The determination shall be final and shall be complied with within 15 days after the giving of notice thereof. In lieu of a bond, securities approved by the Commissioner or cash in such amount as the Commissioner may prescribe may be deposited, which shall be kept in the custody of the State Treasurer who may at any time upon instructions from the Commissioner without notice to the depositor apply them to any tax or interest or penalties due, and for that purpose the securities may be sold by the Commissioner at public or private sale without notice to the depositor thereof.
(b) The total amount of the bond required of a licensee may be fixed by the Commissioner and may be increased or decreased by him or her at any time subject to the limitations imposed by this section.
(c) If the liability upon a bond filed by a licensee with the Commissioner becomes discharged or reduced, whether by judgment rendered, payment made, or otherwise, or if in the opinion of the Commissioner any surety on a bond has become unsatisfactory or unacceptable, the Commissioner shall require the licensee to file a new bond with satisfactory sureties in the same amount and, upon failure to do so, the Commissioner shall forthwith revoke the license.
(d) If a licensee fails or refuses to increase the amount of a bond or file a bond as required by the Commissioner within 15 days after notice mailed to him or her, such license shall be revoked forthwith. (Added 1999, No. 154 (Adj. Sess.), § 42.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3118. Bulk sales; transferee liability

§ 3118. Bulk sales; transferee liability
(a) Whenever a licensee (transferor) required to collect and remit the tax required by this subchapter shall make any sale, transfer, lease, or assignment (transfer) in bulk of any part or the whole of the assets of a business, otherwise than in the ordinary course of the business, the purchaser, transferee, lessee, or assignee (transferee) shall, at least 10 days before taking possession of the subject of the transfer or before payment therefor if earlier, notify the Commissioner in writing by mail of the proposed transfer and of the price, and date thereof; and whether or not the transferor has represented to, or has informed the transferee that the transferor owes any tax, interest, or penalties required by this subchapter and whether or not the transferee has knowledge that such taxes, interest, or penalties are owed, and whether any taxes, interest, or penalties are in fact owed.
(b) Whenever the transferee shall fail to give notice to the Commissioner as required by subsection (a) of this section, or whenever the Commissioner shall inform the transferee that a possible claim for tax, interest, or penalty exists, any sums of money, property, or choses in action, or other consideration, which the transferee is required to transfer over to or for the transferor shall be subject to a first priority right and lien for any taxes, interest, or penalty theretofore or thereafter determined to be due from the transferor to the State, and the transferee is forbidden to transfer the consideration to or for the transferor to the extent of the amount of the State’s claim.
(c) For failure to comply with this section, the transferee shall be personally liable to the State for the amount of the State’s claim theretofore or thereafter determined to be due to the State from the transferor and the liability may be assessed and enforced against the transferee in the same manner as provided for by this chapter against the transferor. (Added 1999, No. 154 (Adj. Sess.), § 43; amended 2019, No. 149 (Adj. Sess.), § 18, eff. July 13, 2020.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3119. Personal liability

§ 3119. Personal liability
Any licensee who fails to collect the tax required by this subchapter or to pay it to the Commissioner in the manner required by this subchapter shall be personally and individually liable for the amount of such tax and any interest and penalty assessed thereon pursuant to sections 3110 and 3111 of this title; and if the licensee is a corporation or other entity, the personal liability shall extend and be applicable to any officer or agent of the corporation or entity who as an officer or agent of the same is under a duty to collect the tax and pay it to the Commissioner as required in this subchapter. (Added 1999, No. 154 (Adj. Sess.), § 44.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3120. Tax liability as property lien; discharge and foreclosure

§ 3120. Tax liability as property lien; discharge and foreclosure
(a) If any licensee required to pay the tax under this subchapter neglects or refuses to pay the same after demand is made by the Commissioner, the amount, together with all penalties and interest provided for in this subchapter and together with any additional costs that may accrue, shall be a lien in favor of the State upon all property and rights to property, whether real or personal, belonging to such licensee. Such lien shall arise at the time demand is made by the Commissioner and shall continue until the liability for such sum with interest and costs is satisfied or becomes unenforceable. Such lien shall have the same force and effect as the lien provided for in 32 V.S.A. § 5895, and notice of such lien shall be recorded as is provided in 32 V.S.A. § 5895.
(b) Release and foreclosure of the lien shall be as provided in 32 V.S.A. § 5895(b) and (c).
(c) This section shall also apply to any officer or agent found personally liable under section 3119 of this title. (Added 1999, No. 154 (Adj. Sess.), § 45; amended 2019, No. 131 (Adj. Sess.), § 231.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3121. Lien filing fees

§ 3121. Lien filing fees
Notwithstanding 32 V.S.A. § 502, the Commissioner may charge against any collection of liability any related lien filing fees specified in 32 V.S.A. § 1671(a)(6) or 1671(c) paid by the Commissioner. Fees collected under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5 and shall be available as payment for the fees of the clerk of the municipality. (Added 1999, No. 154 (Adj. Sess.), § 46; amended 2021, No. 76, § 7.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3171. Imposition and rate of reciprocal tax

§ 3171. Imposition and rate of reciprocal tax
Whenever under the laws of any other state or province any tax or toll is imposed upon the use of gasoline or other motor fuel by residents of this State for the privilege of operating a motor vehicle upon the highways of such state or province, excepting, however, a tax or toll imposed upon gasoline or other motor fuel purchased within such state or province, a tax computed and applied in the same manner as the tax or toll of such other state or province shall be imposed by this State upon the use of gasoline or other motor fuel by motor vehicles registered in such other state or province so long as the tax or toll imposed by such other state or province shall remain in force. (Added 1985, No. 207 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3172. Agreements for reciprocal waiver of tax

§ 3172. Agreements for reciprocal waiver of tax
The Commissioner of Motor Vehicles may enter into reciprocal agreements with the appropriate officials of any other state or province under which he or she may waive all or any part of the requirements imposed by this subchapter, upon waiver of similar requirements by such state or province. (Added 1985, No. 207 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 28 - Gasoline Tax › § 3173. Gasoline or other motor fuel defined

§ 3173. Gasoline or other motor fuel defined
For the purpose of this subchapter, gasoline or other motor fuel shall be defined to mean any type of fuel, by whatever name it may be called, used in an internal combustion engine to generate power to propel a motor vehicle upon a highway. (Added 1985, No. 207 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3201. Definitions

§ 3201. Definitions
As used in this chapter:
(1) “Commissioner” means Commissioner of Motor Vehicles unless otherwise stated.
(2) “Department” means Department of Motor Vehicles unless otherwise stated.
(3) “Operate” includes an attempt to operate and shall be construed to cover all matters and things connected with the presence and use of snowmobiles whether they be at motion or rest.
(4) “Secretary” means the Secretary of the Agency of Natural Resources.
(5) “Snowmobile” means a self-propelled vehicle intended for off-road travel primarily on snow, having a curb weight of not more than 793.783 kg (1,750 lbs.); driven by track or tracks in contact with the snow; and steered by a ski or skis in contact with the snow. The maximum width of a snowmobile shall be no more than 48 inches. An all-terrain vehicle converted to operate with tracks shall not be considered to be a snowmobile.
(6) “VAST” means the Vermont Association of Snow Travelers.
(7) “Trails maintenance assessment” (TMA) means a permit issued by the Vermont Association of Snow Travelers, Inc. granting use of Vermont snowmobile trails on public and private land. TMAs shall be issued in three different classifications: Vermont resident snowmobiles, nonresident snowmobiles, and commercial operation.
(8) “Public land” means all land that is either owned or controlled by a local, State, or federal governmental body.
(9) “Commercial operation” means the operation of a snowmobile on the SSTS by an individual participating in a guided tour or who has rented a snowmobile from an individual or corporate entity charging a fee for the tour or rental.
(10) “Direct supervision” means sufficiently close and able to control, by communicating visually or orally, the operation of a snowmobile by an operator under 16 years of age, taking into account the noise created by snowmobiles and protective headgear worn by the operator.
(11) “Tour” means a snowmobile ride led by a guide or leader over a defined route or routes lasting anywhere from one-half hour to less than a day and participated in by one or more individuals that have paid a fee to an individual or corporate entity for the privilege of riding a snowmobile.
(12) “Closed season” shall be defined as the time from April 16 to December 15. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 1993, No. 234 (Adj. Sess.), § 1, eff. Nov. 1, 1994; 1995, No. 64 (Adj. Sess.), §§ 1, 2, eff. Jan. 30, 1996; 1997, No. 3, § 1, eff. March 8, 1997; 1999, No. 20, §§ 2, 3; 2001, No. 126 (Adj. Sess.), § 1, eff. June 12, 2002; 2003, No. 116 (Adj. Sess.), §§ 1, 2; 2005, No. 175 (Adj. Sess.), § 45.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3203. Termination of registration

§ 3203. Termination of registration
The registration of a snowmobile ends when the owner transfers title to another. The former owner shall immediately return to the Commissioner the registration certificate previously assigned to the transferred snowmobile with the date of sale, name, and residence of the new owner endorsed on the back thereof. When a person transfers the ownership of a registered snowmobile to another, files a new application, and pays a fee of $3.00, he or she may have registered in his or her name another snowmobile for the remainder of the registration year without payment of any additional registration fee. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 2015, No. 159 (Adj. Sess.), § 46.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3204. Registration fees and dealer plates

§ 3204. Registration fees and dealer plates
(a) Fees. Annual registration fees for snowmobiles other than as provided for in subsection (b) of this section are $28.00 for residents and $36.00 for nonresidents. Duplicate registration certificates may be obtained upon payment of $6.00.
(b) Dealer registration and plates; manufacturer plates; fees.
(1) A person engaged in the business of selling or exchanging snowmobiles as defined in subdivision 4(8) of this title shall register as a dealer and obtain registration certificates and identifying number plates, subject to such rules as may be adopted by the Commissioner and to the requirements of chapter 7 of this title. A manufacturer of snowmobiles may register and obtain registration certificates and identifying number plates under this section. Plates shall be valid for the following purposes only: testing; adjusting; demonstrating; temporary use of customers for a period not to exceed 14 days; private business or pleasure use of such person or members of his or her immediate family; and use at fairs, shows, or races when no charge is made for such use.
(2) Fees for dealer registration certificates shall be $55.00 for the first certificate issued to any person and $6.00 for any additional certificate issued to the same person within the current registration period. Fees for temporary number plates shall be $3.00 for each plate issued.
(c) Temporary registration pending issuance of permanent registration. The Commissioner, by rules adopted pursuant to 3 V.S.A. chapter 25, shall provide for the issuance of temporary registrations of snowmobiles pending issuance of the permanent registration. VAST shall be an agent of the Commissioner for the issuance of such temporary registrations. The fees for the temporary registrations shall be $28.00 for residents and $36.00 for nonresidents and shall also constitute payment of the registration fee required by subsection (a) of this section. VAST shall promptly remit any fees collected to the Commissioner in accordance with rules adopted under this subsection. Temporary registrations shall be kept with the snowmobile while being operated and shall authorize operation without the registration decal being affixed for a period not to exceed 60 days from the date of issue.
(d) Delegation. The Commissioner may authorize the Vermont Association of Snow Travelers, or its successor, and its agents to register snowmobiles, or to renew or assist with renewal of registrations, for residents and nonresidents.
(e) Fee setting. Only the General Assembly may change the fees provided for in this section. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 250 (Adj. Sess.), § 2; 1987, No. 126 (Adj. Sess.), § 1; 1989, No. 126 (Adj. Sess.), § 2, eff. Feb. 23, 1990; 1993, No. 234 (Adj. Sess.), § 3, eff. Nov. 1, 1994; 2001, No. 102 (Adj. Sess.), § 29, eff. May 15, 2002; 2009, No. 50, § 57; 2011, No. 164 (Adj. Sess.), § 9; 2015, No. 50, § 3; 2015, No. 159 (Adj. Sess.), § 47; 2019, No. 131 (Adj. Sess.), § 232.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3204a. Antique snowmobiles

§ 3204a. Antique snowmobiles
(a) The one-time registration fee for a snowmobile that is at least 25 years old and is used exclusively in exhibitions, parades, and public functions shall be $50.00. The registration process for snowmobiles registered under this section shall be the same as provided in section 3204 of this title.
(b) The owner of a snowmobile that satisfies the criteria established in subsection (a) of this section shall be entitled to display antique snowmobile plates that shall be distributed according to rules adopted by the Commissioner. (Added 1999, No. 144 (Adj. Sess.), § 1; amended 2015, No. 159 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3205. Snowmobile equipment; windshield; use of headlight; illegal noise level; exemption from equipment requirement

§ 3205. Snowmobile equipment; windshield; use of headlight; illegal noise level; exemption from equipment requirement
(a) Snowmobile; required equipment. All snowmobiles shall be equipped with one or more operational:
(1) headlight;
(2) red rear light;
(3) a fully functional brake in good mechanical condition;
(4) efficient muffler; and
(5) such other equipment and devices as may be required to meet the noise level specifications of subsection (d) of this section.
(b) Windshield. If the snowmobile is equipped with a windshield, it shall be free from sharp or jagged edges.
(c) Light. Lights shall be on during operation and the lenses of headlights shall be clear, as supplied by the manufacturer, and unimpaired by the installation of colored lenses or other devices that would impair the ability of the headlight to perform to its original equipment design specifications.
(d) Exhaust system; noise emissions. An individual shall not operate the following on the State Snowmobile Trail System:
(1) a snowmobile manufactured after February 1, 2007 that does not display a visible and unaltered marking of “SSCC Certified” issued by the Snowmobile Safety and Certification Committee (SSCC) on all critical components of the exhaust system; or
(2) a snowmobile, regardless of the date of manufacture, with an exhaust system that has been modified in a manner that amplifies or otherwise increases total noise emission above that of the snowmobile as originally constructed.
(e) Prohibited sale; illegal noise level; notice to consumer.
(1) No person shall sell for operation, or offer to sell for operation, within the State of Vermont, a snowmobile that does not comply with the exhaust system requirements specified in subsection (d) of this section.
(2) No snowmobile shall be equipped in any manner that permits the operator to bypass the muffler.
(3) No person shall sell or offer to sell a replacement exhaust system or component of an exhaust system that will not meet or exceed the exhaust noise reduction capabilities of the snowmobile manufacturer’s original equipment specifications for the snowmobile.
(4) Any person selling or offering to sell a snowmobile or replacement exhaust system shall include in the specifications precise information concerning the designed maximum sound levels of the snowmobile or replacement exhaust system as outlined by the SSCC.
(f) Exemption from equipment requirements; racing contest. This section shall not apply to any snowmobile entered in a racing contest sponsored by a racing or snowmobile club, organization, or association during the period the snowmobile is actually participating in or practicing or preparing for a racing event at an area especially provided for the purpose. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1993, No. 234 (Adj. Sess.), § 4, eff. Nov. 1, 1994; 2001, No. 126 (Adj. Sess.), § 3, eff. June 12, 2002; 2015, No. 47, § 46; 2021, No. 20, § 250; 2021, No. 76, § 8.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3207. Penalties and revocation or suspension of registration

§ 3207. Penalties and revocation or suspension of registration
(a) A person who violates any of the following sections of this title shall be subject to a civil penalty of $35.00 for each violation:
(b) A person who violates any of the following sections of this title shall be subject to a civil penalty of $55.00 for each violation:
(c) A person who violates any of the following sections of this title shall be subject to a civil penalty of $135.00 for each violation:
(d) A person who violates any of the following sections of this title shall be subject to a civil penalty of $300.00 for each violation:
(e) A person who violates any of the following sections of this title shall be subject to a civil penalty of up to $500.00 for each violation:
(f) A person who violates any of the following provisions of this title shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. If the person has been previously convicted of the same violation, the person shall be imprisoned for not more than two years or fined not more than $3,000.00, or both:
(g) The Commissioner or his or her authorized agent may suspend or revoke the registration of any snowmobile registered in this State and repossess the number and certificate to it, when he or she is satisfied that:
(1) a snowmobile has been stolen;
(2) the registrant is not the legal owner;
(3) a snowmobile is operated without proper equipment after the owner has been notified by a law enforcement officer to procure and use such equipment as is required by law or Department rules; or
(4) the owner of a snowmobile has perpetrated some fraud upon the Department of Motor Vehicles.
(h) Civil penalties established under this section shall be mandatory and may not be reduced. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1991, No. 165 (Adj. Sess.), § 9; 1993, No. 234 (Adj. Sess.), § 6, eff. Nov. 1, 1994; 1999, No. 20, §§ 8, 11; 2001, No. 126 (Adj. Sess.), §§ 5, 6, eff. June 12, 2002; 2003, No. 116 (Adj. Sess.), § 6; 2019, No. 131 (Adj. Sess.), § 233; 2019, No. 149 (Adj. Sess.), § 23, eff. July 13, 2020; 2023, No. 6, § 256, eff. July 1, 2023.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3207a. Snowmobiling under the influence of alcohol or drugs

§ 3207a. Snowmobiling under the influence of alcohol or drugs
(a) A person shall not operate, attempt to operate, or be in actual physical control of a snowmobile on any lands, waters, or public highways of this State:
(1) when the person’s alcohol concentration is 0.08 or more; or
(2) when the person is under the influence of alcohol; or
(3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree that renders the person incapable of safely operating a snowmobile.
(b) A person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug, substance, or inhalant other than alcohol to a degree that renders the person incapable of safely operating a snowmobile may not operate, attempt to operate, or be in actual physical control of a snowmobile.
(c) The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this State shall not constitute a defense against any charge of violating this section.
(d) A person may not be convicted of more than one offense under this section arising out of the same incident.
(e) As used in this section, “alcohol” includes “alcohol,” “malt beverages,” “spirits,” “fortified wines,” and “vinous beverages” as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them.
(f) As used in this section, “drug” means a regulated drug as defined in 18 V.S.A. § 4201.
(g) If a person violates this section on a public highway, that person may be convicted of a violation of this section or a violation of section 1201 of this title, but not both.
(h) Any person who is convicted of violating this section shall have his or her privilege to operate a snowmobile suspended for a period of one year and until the person complies with section 1209a of this title. Additionally, a person convicted of violating the provisions of this section shall be penalized under the provisions of section 1210 of this title. (Added 1993, No. 234 (Adj. Sess.), § 7, eff. Nov. 1, 1994; amended 1999, No. 20, § 10; 2003, No. 116 (Adj. Sess.), § 7; 2017, No. 83, § 154; 2023, No. 6, § 257, eff. July 1, 2023.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3207b. Preliminary screening device

§ 3207b. Preliminary screening device
When a law enforcement officer has reason to believe that a person may be violating or has violated section 3207a of this title, the officer may request the person to provide a sample of breath for a preliminary screening test using a device approved by the Commissioner of Health for this purpose. The person shall not have the right to consult an attorney prior to submitting to this preliminary breath alcohol screening test. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to request an evidentiary test and shall not be used in any court proceeding except on those issues. Following the screening test, additional tests may be required of the operator pursuant to the provisions of section 1202 of this title. (Added 1993, No. 234 (Adj. Sess.), § 8, eff. Nov. 1, 1994.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3207c. Implied consent

§ 3207c. Implied consent
Any person who operates, attempts to operate, or is in actual physical control of a snowmobile on any lands, waters, or public highways of this State is deemed to have given consent to the taking of more than one sample of his or her breath or blood for the purpose of determining the alcoholic content of his or her blood. The samples shall be taken and the tests administered and analyzed consistently with the provisions of sections 1202, 1203, and 1203a of this title. (Added 1993, No. 234 (Adj. Sess.), § 9, eff. Nov. 1, 1994.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3207d. Permissive inferences

§ 3207d. Permissive inferences
Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating, attempting to operate, or in actual physical control of a snowmobile on any lands, waters, or public highways of this State, the person’s alcohol concentration shall give rise to the following permissive inferences:
(1) If the person’s alcohol concentration at that time was less than 0.08, such fact shall not give rise to any presumption or permissive inference that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(2) If the person’s alcohol concentration at that time was 0.08 or more, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 3207a(a)(2) or (3) of this title.
(3) If the person’s alcohol concentration at any time within two hours of the alleged offense was 0.10 or more, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 3207a(a)(2) or (3) of this title. (Added 1993, No. 234 (Adj. Sess.), § 10, eff. Nov. 1, 1994; amended 2017, No. 83, § 161(4).)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3207e. Refusal to submit to test

§ 3207e. Refusal to submit to test
If the person refuses to submit to an evidentiary test it shall not be given, but the refusal may be introduced as evidence in a criminal proceeding. (Added 1993, No. 234 (Adj. Sess.), § 11, eff. Nov. 1, 1994.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3207f. Persons under 21 years of age; alcohol concentration of 0.02 or more

§ 3207f. Persons under 21 years of age; alcohol concentration of 0.02 or more
(a) A person under the age of 21 who operates, attempts to operate, or is in actual physical control of a snowmobile on any lands, waters, or public highways of this State when the person’s alcohol concentration is 0.02 or more commits a civil traffic violation subject to the jurisdiction of the Judicial Bureau and subject to the following sanctions:
(1) For a first violation, the person’s privilege to operate a snowmobile on any lands, waters, or public highways of this State shall be suspended for six months and until the person complies with section 1209a of this title.
(2) For a second or subsequent violation, the person’s privilege to operate a snowmobile on any lands, waters, or public highways of this State shall be suspended until the person reaches the age of 21 or for one year, whichever is longer, and complies with section 1209a of this title.
(b) Notwithstanding the provisions in subsection (a) of this section to the contrary, a person’s privilege to operate that has been suspended under this section shall not be reinstated until the Commissioner has received satisfactory evidence that the provider of the therapy program has been paid in full.
(c) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the Commissioner of Health. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:
(1) the results of the test shall be admissible evidence in a proceeding under this section; and
(2) there shall be no statutory right to counsel prior to the administration of the test.
(d) A refusal to submit to an evidentiary test shall be considered a violation of this section.
(e) In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate, or being in actual physical control of a snowmobile on the lands, waters, or public highways of this State an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person’s alcohol concentration was 0.02 or more at the time of operating, attempting to operate, or being in actual physical control.
(f) The alcohol program required under this section shall be administered by the Department of Health’s Division of Substance Use Programs and shall take into consideration any particular treatment needs of operators under 21 years of age.
(g) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 3207a of this title. (Added 1997, No. 57, § 6, eff. Sept. 1, 1997; amended 1997, No. 121 (Adj. Sess.), § 28; 2021, No. 115 (Adj. Sess.), § 6, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3208. Administration and enforcement

§ 3208. Administration and enforcement
(a) The Commissioner of Motor Vehicles shall administer the provisions of this subchapter, except as otherwise provided, and may adopt rules prescribing forms and procedures for application and registration as necessary to carry its provisions into effect.
(b) The Secretary of Natural Resources shall provide to the Agency of Transportation a list of public lands, public waters and natural areas on or over which a snowmobile may not be operated. The information provided shall be incorporated in the booklet made available pursuant to subsection (c) of this section.
(c) This subchapter and rules adopted under this subchapter, together with the list provided by the Secretary of Natural Resources, shall be printed in booklet form and made available to the public by the Agency of Transportation.
(d) The provisions of this subchapter and rules adopted pursuant to this subchapter shall be enforced by law enforcement officers as defined in section 3302 of this title in accordance with the provisions of 4 V.S.A. chapter 29. Testimony of a witness as to the existence of navigation or snowmobile control signs, signals, or markings shall be prima facie evidence that such control, sign, signal, or marking existed pursuant to a lawful statute, regulation, or ordinance and that the defendant was lawfully required to obey a direction of such device.
(e) Law enforcement officers as defined in section 3302 of this title may conduct safety inspections on snowmobiles stopped for other snowmobile law violations on the Statewide Snowmobile Trail System. Safety inspections may also be conducted in a designated area by law enforcement officials. A designated area shall be warned solely by blue lights either on a stationary snowmobile parked on a trail or on a cruiser parked at a roadside trail crossing. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1993, No. 234 (Adj. Sess.), § 12, eff. June 21, 1994; 2003, No. 116 (Adj. Sess.), § 8; 2017, No. 71, § 19; 2019, No. 131 (Adj. Sess.), § 234.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3209. Defacing manufacturer identification and serial numbers

§ 3209. Defacing manufacturer identification and serial numbers
A person shall not willfully change or attempt to change, or tamper with, obliterate, deface, or in any manner interfere with the original or assigned motor number or manufacturer’s serial number of any snowmobile. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1993, No. 234 (Adj. Sess.), § 13, eff. Nov. 1, 1994.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3209a. Placing and defacing trail signs

§ 3209a. Placing and defacing trail signs
(a) A landowner or VAST may place snowmobile trail signs, markers, or posters on or adjacent to a snowmobile trail maintained by VAST if the landowner has granted permission for use of the land and for placement of the signs, markers, or posters.
(b) A person may not remove, deface, alter, or destroy trail signs, markers, or posters erected pursuant to subsection (a) of this section without the permission of VAST.
(c) The provisions of subsection (b) of this section shall not prevent a landowner from removing signs, markers, or posters that have been erected without permission of the landowner or that remain on the property after permission has been withdrawn. (Added 1993, No. 234 (Adj. Sess.), § 14, eff. Nov. 1, 1994.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3210. Municipal ordinances

§ 3210. Municipal ordinances
Municipalities shall have the power to adopt ordinances pursuant to 24 V.S.A. chapter 59 for the purpose of regulating the time, manner, and location of operation of snowmobiles within their limits, provided such ordinances do not controvert the provisions of this subchapter. (Added 1983, No. 212 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3211. Crashes; duty to stop and report

§ 3211. Crashes; duty to stop and report
(a) The operator of a snowmobile who has caused or is involved in a crash resulting in injury to any person or property, other than the snowmobile then under his or her control, shall immediately stop and render such assistance as may be reasonably necessary. The operator shall give his or her name, residence, registration number, and the name of the owner of the snowmobile to the party whose person or property is injured.
(b) The operator of a snowmobile involved in a crash resulting in death or injury to any person, or damage to property other than the snowmobile he or she is operating, in excess of $500.00, shall immediately notify a law enforcement officer and file a report of the incident with the Commissioner within 72 hours, on forms prescribed by the Commissioner. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1993, No. 234 (Adj. Sess.), § 15, eff. Nov. 1, 1994.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3212. Attempting to elude a law enforcement officer

§ 3212. Attempting to elude a law enforcement officer
An operator of a snowmobile shall bring the snowmobile to a stop and not attempt to elude a law enforcement officer when signaled to do so by a law enforcement officer wearing insignia identifying him or her as such, or operating a law enforcement vehicle or snowmobile sounding a siren or displaying a flashing blue or blue and white signal lamp. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1993, No. 234 (Adj. Sess.), § 16, eff. Nov. 1, 1994.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3213. Proof of payment of tax

§ 3213. Proof of payment of tax
(a) No license, permits, registration, or similar authorization to own or operate any snowmobile shall be issued under this subchapter until proof of payment of or exemption from the tax imposed by 32 V.S.A. chapter 233 has been established in the manner prescribed by the Commissioner of Taxes.
(b) A current or expired registration certificate or other acceptable proof from the state or province of residence shall suffice as proof of payment of the tax referred to in subsection (a) of this section for persons applying for nonresident registration in this State. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1987, No. 126 (Adj. Sess.), § 3; 1993, No. 234 (Adj. Sess.), § 17, eff. June 21, 1994.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3214. Allocation of fees and penalties; liability insurance; authority to contract for law enforcement services

§ 3214. Allocation of fees and penalties; liability insurance; authority to contract for law enforcement services
(a) The amount of $5.00 from the sale of every resident and nonresident snowmobile registration shall be allocated to the Transportation Fund. The balance of fees and penalties collected under this subchapter, except interest, shall be remitted to the Agency of Natural Resources, which may retain for its use up to $11,500.00 during each fiscal year for oversight of the Statewide Snowmobile Trail Program, and the remainder shall be allocated to VAST for:
(1) Development and maintenance of the Statewide Snowmobile Trail Program (SSTP).
(2) Procuring trails’ liability insurance in accordance with subsection (b) of this section.
(3) Contracting for law enforcement services with any constable, sheriff’s department, municipal police department, the Department of Public Safety, or the Department of Fish and Wildlife to ensure compliance with the provisions of this chapter. The allocation for snowmobile law enforcement services shall be an amount equal to $5.00 from the sale of every resident and nonresident snowmobile registration. If this allocation for law enforcement services is not fully expended, the unexpended amount carried forward may be used to purchase capital equipment to aid law enforcement in the provision of services. VAST shall include proposed spending on law enforcement services and on capital equipment as part of the annual expenditure plan required by section 3215 of this chapter. The Departments of Public Safety and of Fish and Wildlife are authorized to contract with VAST to provide law enforcement services.
(b) VAST shall purchase a trails’ liability insurance policy in the amount of $1,000,000.00. The State of Vermont shall be named an additional insured. The policy shall extend to all VAST affiliated snowmobile clubs and their respective employees and agents to provide for trails’ liability coverage for development and maintenance of the Statewide Snowmobile Trail Program, including groomer use and operation. The Office of the Secretary of Administration shall assist VAST with the procurement of trails liability and other related insurance.
(c) Nothing contained in this section shall authorize or create any cause of action to accrue or to be maintained against the State of Vermont.
(d) Any fees and penalties allocated pursuant to subsection (a) of this section shall not revert but shall be available until spent. Any accrued interest shall be deposited in the Transportation Fund. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1987, No. 89, § 313; 1987, No. 126 (Adj. Sess.), § 4; 1993, No. 234 (Adj. Sess.), § 18, eff. June 21, 1994: 1995, No. 63, § 214, eff. May 4, 1995; 2005, No. 215 (Adj. Sess.), § 281; 2009, No. 50, § 60; 2011, No. 164 (Adj. Sess.), § 10; 2013, No. 50, § E.101.5; 2013, No. 189 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3215. Expenditure plan

§ 3215. Expenditure plan
VAST shall prepare a plan for the expenditure of funds for the SSTP that are allocated in section 3214 of this title and shall submit this plan to the Governor’s Snowmobile Council for its review, advice, and consent. The plan shall include provisions for:
(1) administration of the program;
(2) trail development and maintenance including contractual arrangements where appropriate; and
(3) periodic audits if requested by the Council or Auditor of Accounts. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1993, No. 234 (Adj. Sess.), § 19, eff. June 21, 1994; 2005, No. 93 (Adj. Sess.), § 81.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3217. Liability insurance; trail maintenance

§ 3217. Liability insurance; trail maintenance
The State may extend coverage of its liability insurance to parties under contract with the Department of Forests, Parks and Recreation for development and maintenance of the snowmobile trail system. Insurance coverage shall match the State’s current financial liability limits and shall be limited to those activities defined by the development and maintenance contract. The Secretary of Administration shall pay for this extended coverage with funds from snowmobile registration receipts. (Added 1987, No. 126 (Adj. Sess.), § 5; amended 2013, No. 50, § E.101.6.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3218. Law enforcement officer’s testimony

§ 3218. Law enforcement officer’s testimony
In any proceeding under this subchapter, a law enforcement officer’s testimony that he or she is certified pursuant to 20 V.S.A. § 2358 shall be prima facie evidence of that fact. (Added 1999, No. 20, § 12.)