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2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1229. Rules

§ 1229. Rules
(a) The Commissioner may adopt rules necessary to implement the provisions of sections 1222, 1224, 1227, and 1228 of this title, relating to inspections and certification of inspection mechanics.
(b) In consultation with the Secretary of Natural Resources or the Secretary’s designee, the Commissioner shall adopt rules, pursuant to the provisions in 3 V.S.A. chapter 25, to establish a standard of exhaust-smoke emission for all diesel-powered commercial motor vehicles operated on the highways of this State. In establishing this standard, the Commissioner shall review standards in effect in other states and shall endeavor to maintain consistency with those standards. The rules adopted shall recognize different types and ages of vehicles and comprise standards that shall, at least in part, be based on the age of the vehicle. The standards shall be reviewed by the Commissioner periodically and may be revised in consultation with the Secretary of Natural Resources or the Secretary’s designee, as the Commissioner deems appropriate. Additionally, the Commissioner, in consultation with the Secretary of Natural Resources or the Secretary’s designee, shall adopt rules that select a method or methods for testing the exhaust emissions of diesel-powered commercial motor vehicles and that implement section 1222a of this title. The method selected shall be one that is designed to be performed without unreasonable delay for the vehicle being tested. The rules shall include a process by which the owner of a commercial motor vehicle may arrange with the Department of Motor Vehicles for the voluntary exhaust-smoke emission testing of a vehicle. For the purposes of this section, “commercial motor vehicle” is defined under subdivision 4103(4) of this title. (Added 1997, No. 155 (Adj. Sess.), § 66l; amended 2005, No. 195 (Adj. Sess.), § 1, eff. May 26, 2006.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1230. Charge

§ 1230. Charge
For each inspection certificate issued by the Department of Motor Vehicles, the Commissioner shall be paid $6.00, provided that State and municipal inspection stations that inspect only State or municipally owned and registered vehicles shall not be required to pay a fee. All vehicle inspection certificate charge revenue shall be allocated to the Transportation Fund with one-half reserved for bridge maintenance activities. (Added 1997, No. 155 (Adj. Sess.), § 66m, eff. Sept. 1, 1998; amended 2005, No. 80, § 54; 2009, No. 50, § 50; 2009, No. 123 (Adj. Sess.), § 25; 2011, No. 128 (Adj. Sess.), § 20; 2015, No. 159 (Adj. Sess.), § 41.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1230. Charge

§ 1230. Charge
For each inspection certificate issued by the Department of Motor Vehicles, the Commissioner shall be paid $8.00, provided that State and municipal inspection stations that inspect only State or municipally owned and registered vehicles shall not be required to pay a fee. All vehicle inspection certificate charge revenue shall be allocated to the Transportation Fund with one-half reserved for bridge maintenance activities. (Added 1997, No. 155 (Adj. Sess.), § 66m, eff. Sept. 1, 1998; amended 2005, No. 80, § 54; 2009, No. 50, § 50; 2009, No. 123 (Adj. Sess.), § 25; 2011, No. 128 (Adj. Sess.), § 20; 2015, No. 159 (Adj. Sess.), § 41; 2023, No. 78, § G.134, eff. January 1, 2024.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1242. Safety glass

§ 1242. Safety glass
(a) A person shall not operate on a highway in this State a motor vehicle registered in Vermont, manufactured or assembled after January 1, 1936, unless such vehicle is equipped with safety glass, wherever glass is used in doors, windows, and windshields. The Commissioner of Motor Vehicles shall suspend the registration of any motor vehicle found to be operating in violation of this section until the provisions hereof are satisfactorily complied with.
(b) This section does not apply to trailer coaches. (Amended 1969, No. 31, § 1.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1243. Lights

§ 1243. Lights
(a) A motor vehicle, except a motorcycle and motor-driven cycle, in use or at rest on a highway, unless otherwise provided, during the period from 30 minutes after sunset to 30 minutes before sunrise, shall also be equipped with at least two lighted head lamps of substantially the same intensity and with reflectors and lenses of a design approved by the Commissioner of Motor Vehicles and with a lighted tail or rear lamp of a design so approved. A motorcycle or motor-driven cycle may be operated during the period mentioned if equipped with at least one lighted head lamp and at least one lighted tail or rear lamp, both of a design approved by the Commissioner of Motor Vehicles. A sidecar attached to such motorcycle or motor-driven cycle shall be equipped with a light on the right side of such sidecar visible from the front thereof. A person shall not operate a motor vehicle during the period mentioned unless it is equipped as defined in this section.
(b) Every vehicle upon a highway within this State, at any time from 30 minutes after sunset to 30 minutes before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons or vehicles on the highway are not clearly discernible at a distance of 500 feet ahead, shall display lighted lamps and illuminating devices as respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles.
(c) Local regulations made and promulgated by the legislative bodies of municipalities govern within their respective municipalities with relation to the use of lights at night on motor vehicles at rest or in motion on well-lighted streets. Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for their use. (Amended 1971, No. 258 (Adj. Sess.), § 7, eff. March 1, 1973; 1977, No. 20, § 7; 2009, No. 152 (Adj. Sess.), § 19j, eff. Sept. 1, 2010.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1244. Illumination required

§ 1244. Illumination required
The light from the front lamps of a motor vehicle other than a motorcycle, while such vehicle is in motion, shall render any substantial object on the ground clearly visible at least 150 feet ahead of such vehicle and, while such vehicle is at rest, shall be visible for at least 200 feet in the direction in which such vehicle is headed.
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1246. Restrictions

§ 1246. Restrictions
A person shall not use on a vehicle of any kind operated on the highway during the period stated in section 1243 of this title any lighting device of over four candle power equipped with a reflector, unless such device and the lens used therein and such candle power is approved by the Commissioner of Motor Vehicles, nor unless the same shall be so designed, deflected, or arranged that a beam of reflected light therefrom, when measured 75 feet or more ahead of the lamps shall not rise more than six inches above the height of the bulb in such lamp and in no event more than 42 inches from the level surface on which the vehicle stands under all conditions of load. When vehicles are approaching each other from opposite directions, spotlights shall not be used except when projecting their rays directly on the ground and at a distance not exceeding 30 feet in front of the vehicle.
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1247. Approval of lighting devices

§ 1247. Approval of lighting devices
The manufacturer or distributor of each device or lens designed to control lights on motor vehicles shall apply to the Commissioner for his or her approval of the use of such device or lens in this State. The Commissioner shall make or cause to be made such laboratory and road tests of each device or lens submitted as he or she deems necessary, or he or she may adopt the approval or disapproval of such device or lens by the American Association of Motor Vehicle Administrators. (Amended 1981, No. 135 (Adj. Sess.).)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1248. Taillights

§ 1248. Taillights
(a) Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle that is being drawn at the end of a combination of vehicles, shall be equipped with at least two taillamps mounted on the rear, except that one taillamp shall be allowed on any vehicle equipped with only one when it was manufactured.
(b) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light all parts of the rear registration number plate on the vehicle so that all the numerals, letters, and marks on the plate are clearly visible and legible for at least 50 feet from the rear of the vehicle. (Amended 2001, No. 75 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1249. Directional signal lamps

§ 1249. Directional signal lamps
A person shall not operate on a highway in this State a pleasure car, pleasure car with trailer coach attached, motor truck, truck-tractor in combination with a trailer or semi-trailer, motor bus, or school bus registered in Vermont, manufactured or assembled after January 1, 1955, unless such vehicle is equipped with directional signal lamps, of a type approved by the Commissioner, on front and rear of such vehicle or combination. (Amended 1971, No. 228 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1250. Clearance lamps

§ 1250. Clearance lamps
(a) Every motor vehicle, except as provided in subsection (b) of this section, having a width at any part in excess of 80 inches, when in use or at rest on a highway, during the period from 30 minutes after sunset to 30 minutes before sunrise, shall display on the left side of the vehicle at least one lamp, to be known as a clearance lamp, displaying an amber light visible under normal atmospheric conditions 500 feet ahead of the vehicle and displaying a red light visible, under like conditions, 500 feet to the rear of the vehicle, to mark as closely as possible the extreme height and width of the vehicle.
(b) All motor vehicles of the pleasure car type having a width at any part in excess of 82 inches shall be subject to the provisions of subsection (a) of this section. (Amended 1991, No. 165 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1251. Sirens and colored signal lamps; out-of-state emergency and rescue vehicles

§ 1251. Sirens and colored signal lamps; out-of-state emergency and rescue vehicles
(a) A motor vehicle shall not be operated upon a highway of this State equipped with a siren or signal lamp colored other than amber unless a permit authorizing this equipment, issued by the Commissioner of Motor Vehicles, is carried in the vehicle. A permit may be transferred following the same procedure and subject to the same time limits as set forth in section 321 of this title. The Commissioner may adopt additional rules as may be required to govern the acquisition of permits and the use pertaining to sirens and colored signal lamps.
(b) Notwithstanding the provisions of subsection (a) of this section, when responding to emergencies, law enforcement vehicles, ambulances, fire vehicles, or vehicles owned or leased by, or provided to, volunteer firefighters or rescue squad members that are registered or licensed by another state or province may use sirens and signal lamps in Vermont, and a permit shall not be required for such use, as long as the vehicle is properly permitted in its home state or province. (Amended 1967, No. 265 (Adj. Sess.), § 1; 1985, No. 85, § 6; 2001, No. 106 (Adj. Sess.), § 1; 2009, No. 123 (Adj. Sess.), § 39; 2009, No. 152 (Adj. Sess.), § 19, eff. June 1, 2010.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1253. Inspection of permits

§ 1253. Inspection of permits
Permits issued by the Commissioner in accordance with the provisions of sections 1251 and 1252 of this title shall be carried in some easily accessible place in the vehicles authorized to use the equipment and shall be available for inspection at any or all times by any law enforcement officer, or during the inspection by the authorized personnel of an official inspection station designated as such by the Department of Motor Vehicles, as provided by section 1222 of this title. No inspection sticker may be issued for a vehicle equipped with a siren or colored signal lamp, or both, unless a current or valid permit for the siren or colored signal lamp, or both, is produced for inspection. If a vehicle’s permit is issued pursuant to subdivision 1252(a)(5) of this title, a copy of the permit is acceptable. (Amended 1967, No. 265 (Adj. Sess.), § 3; 2001, No. 106 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1255. Exceptions

§ 1255. Exceptions
(a) The provisions of section 1251 of this title shall not apply to directional signal lamps of a type approved by the Commissioner.
(b) All persons with motor vehicles equipped as provided in subdivisions 1252(a)(1) and (2) of this title shall use the sirens or colored signal lamps, or both, only in the direct performance of their official duties. When any person other than a law enforcement officer is operating a motor vehicle equipped as provided in subdivision 1252(a)(1) of this title, the colored signal lamps shall be either removed, covered, or hooded. When any person other than an authorized emergency medical service vehicle operator, firefighter, or authorized operator of vehicles used in rescue operations is operating a motor vehicle equipped as provided in subdivision 1252(a)(2) of this title, the colored signal lamps shall be either removed, covered, or hooded unless the operator holds a senior operator license. (Added 1967, No. 265 (Adj. Sess.), § 4; amended 1985, No. 85, § 8; 1995, No. 88 (Adj. Sess.), § 2; 2019, No. 131 (Adj. Sess.), § 197; 2021, No. 76, § 35.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1256. Motorcycles; headgear

§ 1256. Motorcycles; headgear
A person may not operate or ride upon a motorcycle upon a highway unless he or she properly wears protective headgear of a type that conforms to the federal Motor Vehicle Safety Standards contained in 49 C.F.R. § 571.218, as may be amended. The requirement of this section shall not apply to occupants of fully enclosed autocycles. (Added 1967, No. 264 (Adj. Sess.), § 1; amended 2009, No. 39, § 3; 2013, No. 189 (Adj. Sess.), § 37; 2019, No. 131 (Adj. Sess.), § 199.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1257. Eye protection

§ 1257. Eye protection
If a motorcycle is not equipped with a windshield or screen, the operator of the motorcycle shall wear either eye glasses, goggles, or a protective face shield when operating the vehicle. The glasses, goggles, or face shield shall have colorless lenses when the motorcycle is being operated during the period of 30 minutes after sunset to 30 minutes before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead. (Added 1967, No. 264 (Adj. Sess.), § 2; amended 2015, No. 147 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1258. Child restraint systems; persons under age 18

§ 1258. Child restraint systems; persons under age 18
(a) No person shall operate a motor vehicle, other than a type I school bus, in this State upon a public highway unless every occupant under age 18 is properly restrained in a federally approved child passenger restraining system as defined in 49 C.F.R. § 571.213, as may be amended, or a federally approved safety belt, as follows:
(1) all children under the age of one and all children weighing less than 20 pounds, regardless of age, shall be restrained in a rear-facing position, properly secured in a federally approved child passenger restraining system, which shall not be installed in front of an active air bag;
(2) a child weighing more than 20 pounds, and who is one year of age or older and under the age of eight years, shall be restrained in a child passenger restraining system; and
(3) a child eight through 17 years of age shall be restrained in a safety belt system or a child passenger restraining system.
(b) A person shall not be adjudicated in violation of this section if:
(1) the motor vehicle is regularly used to transport passengers for hire, except a motor vehicle owned or operated by a child care facility;
(2) the motor vehicle was manufactured without safety belts; or
(3) the person has been ordered by an enforcement officer, a firefighter, or an authorized civil authority to evacuate persons from a stricken area.
(c) The penalty for violation of this section shall be as follows:
(1) $25.00 for a first violation;
(2) $50.00 for a second violation;
(3) $100.00 for third and subsequent violations. (Added 1983, No. 96 (Adj. Sess.), § 2; amended 1987, No. 49; 1989, No. 167 (Adj. Sess.); 1993, No. 20, § 1; 1993, No. 119 (Adj. Sess.), § 1; 2003, No. 28, § 1, eff. Jan. 1, 2004; 2005, No. 174 (Adj. Sess.), § 54; 2005, No. 175 (Adj. Sess.), § 61; 2009, No. 150 (Adj. Sess.), § 6, eff. June 1, 2010; 2015, No. 47, § 28.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1259. Safety belts; persons 18 years of age or older

§ 1259. Safety belts; persons 18 years of age or older
(a) The operator of a motor vehicle shall be guilty of a violation of this section if any person 18 years of age or older is occupying a seating position that has been manufactured with a federally approved safety belt system and is not restrained by the safety belt system while the motor vehicle is in motion on a public highway.
(b) A person is required to be restrained in a safety belt system unless:
(1) the person is a rural mail carrier of the U.S. Postal Service operating a motor vehicle in the performance of employment;
(2) the person is a driver or passenger frequently stopping and leaving the motor vehicle or delivering property from the motor vehicle, if the speed of the motor vehicle between stops does not exceed 15 miles per hour;
(3) the person is the operator of any farm tractor;
(4) the person is a member of the emergency personnel of an emergency motor vehicle and finds it necessary to be unrestrained in order to perform his or her duties;
(5) the motor vehicle the person is occupying is a bus or taxi;
(6) the person is required to be restrained under section 1258 of this title; or
(7) the person has been ordered by an enforcement officer, a firefighter, or an authorized civil authority to evacuate persons from a stricken area.
(c) Noncompliance with the provisions of this section shall not be admissible as evidence in any civil proceeding.
(d) Failure to wear a safety belt in violation of this section shall not constitute negligence or contributory negligence in any civil proceeding or criminal action, nor be entered as evidence to bar prosecution of a criminal offense.
(e) This section may be enforced only if a law enforcement officer has detained the operator of a motor vehicle for another suspected traffic violation. An operator shall not be subject to the penalty established in this section unless the operator is required to pay a penalty for the primary violation.
(f) The penalty for violation of this section shall be as follows:
(1) $25.00 for a first violation;
(2) $50.00 for a second violation; and
(3) $100.00 for third and subsequent violations. (Added 1993, No. 18, § 1, eff. Jan. 1, 1994; amended 2001, No. 139 (Adj. Sess.), § 8; 2003, No. 28, § 2, eff. Jan. 1, 2004; 2005, No. 175 (Adj. Sess.), § 62; 2009, No. 150 (Adj. Sess.), § 7, eff. June 1, 2010; 2015, No. 47, § 42; 2021, No. 20, § 243; 2021, No. 105 (Adj. Sess.), § 419, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1281. Additional equipment

§ 1281. Additional equipment
In addition to other equipment required by this title, any school bus as described in section 4 of this title shall be equipped as follows:
(1) A door in the rear and a door on the right side for entrance or exit purposes.
(2) At least one fire extinguisher of a type approved by the Commissioner at all times in good and usable condition and easily accessible to the driver.
(3) A standard first-aid kit of a type approved by the Commissioner at all times filled with necessary articles.
(4) A hot water heater at all times capable of keeping the interior at a comfortable temperature or other type of heater approved by the Commissioner of Motor Vehicles.
(5) Adequate ventilation facilities.
(6) At least two windows of safety glass on each side to provide interior light and so secured as to afford protection against wind and rain.
(7) Seats securely fastened to the floor or sides of the interior and providing at least 13 inches of seat space for each child to be transported.
(8) In addition to the foregoing, all motor vehicles in which the original seating equipment has been modified or added to must comply with the following:
(A) All seats must be readily accessible by use of an aisle or door without interference from any other seat or seats.
(B) A minimum of 36 inches headroom for sitting position above top of undepressed cushion line of all seats shall be provided.
(C) A minimum of 12 inches shall be provided from the top of the undepressed cushion line to the floor.
(D) Seats shall be covered with fire-resistant material.
(E) Jump seats or portable seats shall not be used.
(F) A seat beside the driver, if regular equipment or installed by the vehicle manufacturer, may be used for student seating. It shall be securely fastened to the body and shall be so constructed as not to interfere with students entering or leaving vehicle.
(G) All seats shall have at least 12 inches overall depth.
(H) If forward-facing seats are used, they shall be so placed that the distance from center to center measured at top center of the backs shall be not less than 26 inches.
(I) If longitudinal seats are used, only two shall be installed against the sides of the vehicle and the distance between the front edges of seat cushions shall be at least 24 inches. (Amended 1959, No. 26, eff. Aug. 1, 1959; 1961, No. 124, eff. Aug. 1, 1961; 1965, No. 199; 1975, No. 149 (Adj. Sess.), § 4; 1977, No. 102, § 4, eff. Sept. 1, 1977.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1281a. Optional equipment

§ 1281a. Optional equipment
In addition to equipment required under section 1283 of this title, any school bus as described in subdivision 4(34) of this title may be equipped with a stop arm sign with flashing red lights, of a type approved by the Commissioner, securely mounted below the left front window on the vehicle in an area approved by the Commissioner and must be visible to the driver when extended. Such sign shall not be activated unless the vehicle has stopped on the highway for the purpose of receiving or discharging public or private schoolchildren. At no time shall the sign be extended when the vehicle is in motion. (Added 1969, No. 49, § 1; amended 1975, No. 149 (Adj. Sess.), § 5; 1977, No. 102, § 5, eff. Sept. 1, 1977.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1284. Vehicle maintenance

§ 1284. Vehicle maintenance
(a) School buses shall at all times be maintained in a safe operating condition.
(b) A systematic preventive maintenance program shall be established and records kept, which at all times shall be available for inspection by any enforcement officer.
(c) School bus drivers shall perform daily pre-trip inspections of their vehicles and report immediately, in writing, to their supervisors, any defects or deficiencies discovered that may affect the safety of the operation of the vehicle or result in its mechanical breakdown. (Added 1975, No. 149 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1285. Pupil instruction

§ 1285. Pupil instruction
At least twice during each school year, each pupil who is transported in a school bus shall be instructed by school authorities in safe riding practices, and participate in emergency evacuation drills. (Added 1975, No. 149 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1286. Penalties

§ 1286. Penalties
Any violation of section 1283, 1284, or 1285 of this title shall be a traffic violation as defined in chapter 24 of this title. (Added 1987, No. 209 (Adj. Sess.), § 4; amended 1997, No. 32, § 5.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1287. Multifunction school activity bus

§ 1287. Multifunction school activity bus
(a) A “multifunction school activity bus” is a vehicle that is used to transport students on trips other than on a fixed route between home and school and that meets the construction and safety standards for a “multifunction school activity bus” adopted by rule by the National Highway Traffic Safety Administration.
(b) If a school owns a multifunction school activity bus or leases one other than as provided in subdivision 4(34)(A)(vi) of this title, the driver shall be required to hold a license that includes a school bus driver’s endorsement. A school bus endorsement road test may be taken in a multifunction school activity bus, but the resulting endorsement shall be restricted to the operation of the appropriately sized multifunction school activity bus. Otherwise, the endorsement shall be a Type I or Type II endorsement as appropriate to the size of the vehicle.
(c) A multifunction school activity bus may be a color other than national school bus yellow. (Added 2005, No. 29, § 2; amended 2015, No. 50, § 9.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1301. Emergency exits

§ 1301. Emergency exits
The owner of a motor bus, designed to carry more than seven passengers and having a closed body, shall not operate such bus or permit the same to be operated, unless it has an exit in the rear end or an exit at the rear on the opposite side from the front door thereof through which passengers may pass in case of emergency.
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1302. Rubber tires on trucks; number of trailers

§ 1302. Rubber tires on trucks; number of trailers
(a) Motor trucks shall be equipped with rubber tires.
(b) Not more than one trailer shall be attached to one motor truck. However, two vehicles may be towed in driveaway-towaway operations, including double saddlemount, if the operations conform with the safety regulations of the Federal Motor Carrier Safety Administration relative to coupling devices and towing methods as set forth in 49 C.F.R. §§ 393.70 and 393.71, as amended. As used in this section, “driveaway-towaway operations” means any operation in which any motor vehicle or motor vehicles, new or used, constitute the commodity being transported, when one set or more of wheels of any such motor vehicle or motor vehicles are off the roadway during the course of transportation, whether or not any such motor vehicle furnishes the motive power.
(c) Notwithstanding subsection (b) of this section, on the Dwight D. Eisenhower National System of Interstate and Defense Highways and those classes of qualifying Federal-aid Primary System highways as designated by the Secretary of the U.S. Department of Transportation, commercial motor vehicle combinations consisting of a truck tractor and two trailing units may be operated with the approval of the Vermont Secretary of Transportation. (Amended 1963, No. 62, § 1, eff. April 30, 1963; 1983, No. 74, § 1, eff. April 28, 1983; 1983, No. 102 (Adj. Sess.), § 3; 2019, No. 131 (Adj. Sess.), § 200; 2021, No. 20, § 244.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1303. Flares required

§ 1303. Flares required
A person shall not operate a motor truck, except those registered at pleasure car rates and those registered with a gross vehicle weight rating of less than 10,001 pounds, with or without a trailer or semi-trailer attached, or a motor bus, upon a highway outside the lighted area of a town or city, unless there shall be carried in such vehicle, ready at all hours for instant use, three electric flares or three reflector type flares of a type approved by the Commissioner of Motor Vehicles. However, if the vehicle is used in the transportation of hazardous material as defined in 5 V.S.A. § 2001(a)(1), three electric flares or three reflector type flares of a type specified in this section shall be carried. (Amended 1981, No. 156 (Adj. Sess.), § 1; 2001, No. 141 (Adj. Sess.), § 32, eff. June 21, 2002.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1304. Use

§ 1304. Use
If such vehicle is disabled so that it is necessary that it remain on the roadway or shoulder of the highway, the driver or other person in charge of such vehicle shall cause operating flares to be placed upon the roadway or shoulder of the highway, one approximately 100 feet in front of such vehicle, one approximately 100 feet to the rear, and one on the traffic side of the vehicle. Such flares shall remain in place until such vehicle is removed from the roadway or shoulder. (Amended 1971, No. 228 (Adj. Sess.), § 20; 1981, No. 156 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1305. Mirror required

§ 1305. Mirror required
All motor trucks and motor vehicles towing a trailer or semi-trailer shall be equipped with a mirror not less than five inches in diameter or with less than 25 square inches of reflective area so attached that the driver shall at all times have a reflected view of other vehicles approaching from the rear. The mirror shall be attached in a manner that complies with the width requirements of section 1431 of this title. The extended rear-view mirror shall be retracted or removed when not towing a trailer or semi-trailer. (Amended 2001, No. 18, § 1, eff. May 8, 2001.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1306. Rear wheel flaps

§ 1306. Rear wheel flaps
No person may operate or cause to be operated any bus, truck, trailer, or semi-trailer upon any highway in this State unless the bus, truck, trailer, or semi-trailer is equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels to prevent, as far as practicable, the wheels from throwing dirt, water, or any other materials on the windshields of vehicles following or approaching. The flaps shall be of a type and size as specified by the Department of Motor Vehicles. However, this section shall not apply to farm tractors or pole trailers. (1959, No. 105, §§ 1, 2, eff. Sept. 1, 1959; amended 1971, No. 228 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1308. Performance ability of brakes

§ 1308. Performance ability of brakes
(a) The service brakes upon any motor truck, truck, and tractor or combination of vehicles shall be adequate to stop such vehicle or vehicles when traveling 20 miles per hour within a distance of 30 feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent.
(b) Under the conditions contained in subsection (a) of this section, the hand brake shall be adequate to hold such vehicle or vehicles stationary on any grade upon which it is operated.
(c) All braking distances specified in this section shall apply to all vehicles mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted.
(d) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. (Added 1963, No. 206, § 3; amended 2019, No. 131 (Adj. Sess.), § 201.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1341. Trailer coaches—Safety chain

§ 1341. Trailer coaches—Safety chain
In addition to a hitch, trailer coaches shall be secured to the towing vehicle, while in operation on any highway, by a safety chain. The hitch on any motor vehicle towing a trailer coach and the corresponding coupling on such coach and such safety chain shall be adequate to ensure the public safety.
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1342. Fire extinguisher

§ 1342. Fire extinguisher
There shall be carried on each trailer coach at least one fire extinguisher of a type approved by the State Fire Marshal, in good usable condition and easily accessible. The extinguisher shall be of not less than five pounds capacity, if it is of a CO2 type, and not less than two and one-half pounds capacity, if it is of a dry chemical type. (Amended 1969, No. 38.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1361. Lights on vehicles other than motor vehicles

§ 1361. Lights on vehicles other than motor vehicles
Every vehicle on wheels or runners, whether stationary or in motion on a public highway, shall have attached to it a light that shall be so displayed as to be clearly visible from the front and rear during the period from 30 minutes after sunset to 30 minutes before sunrise. However, this section shall not apply to a vehicle that is designed to be propelled by hand. During the same period, towed or trailing vehicles, farm machinery, or other equipment, whether stationary or in motion on a public highway, shall have attached to them a red light or reflector which shall be so displayed as to be clearly visible from the rear, under normal atmospheric conditions, or a reflectorized slow moving vehicle symbol of a standard type approved by the Commissioner. Nothing contained in this section shall be construed to affect any statute, rule, or regulation requiring lights on motor vehicles and the obligation of the owner or operator thereof. The driver of a vehicle shall be deemed the responsible party, liable to the penalty for violation hereof. (Amended 1966, No. 38 (Sp. Sess.), § 4; 1971, No. 228 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1391. Tire and axle limits

§ 1391. Tire and axle limits
(a) Except as otherwise provided in this chapter, a person or corporation shall not operate or cause to be operated a tractor, trailer, semi-trailer, motor truck, or any other motor vehicle without sufficient weight maintained upon the front axle of such vehicle to make such vehicle safe in operation, nor shall the maximum load on any axle of such vehicle exceed a gross weight of more than 600 pounds per inch of tire width computed in conformity with the manufacturer’s designated width.
(b) No single axle load shall be in excess of 22,400 pounds and a 10 percent tolerance shall be allowed on each single axle load, nor shall any tandem axle load be in excess of 36,000 pounds, with a 10 percent tolerance allowed, except in the case of such vehicles owned by persons to whom special permits shall be issued in accordance with the provisions of section 1400 of this title.
(c) Unless federal law authorizes the axle load limits, tolerances, or both, provided for in subsection (b) of this section to apply on those highways designated as the Dwight D. Eisenhower National System of Interstate and Defense Highways, no single axle load on those highways shall be in excess of 20,000 pounds with no tolerance allowed, nor shall any tandem axle load be in excess of 34,000 pounds, with no tolerance allowed, except in the case of vehicles owned by persons to whom special permits have been issued in accordance with section 1400 of this title. (Amended 1963, No. 206, § 4; 1964, No. 4 (Sp. Sess.), eff. Feb. 27, 1964; 1971, No. 226 (Adj. Sess.), § 6; 1977, No. 41, § 1, eff. April 19, 1977; 1983, No. 86, § 1; 1991, No. 72, § 4; 2009, No. 63 (Adj. Sess.), § 1, eff. Jan. 13, 2010; 2009, No. 63 (Adj. Sess.), § 3, see effective date note; 2011, No. 23, § 1, eff. May 11, 2011; 2021, No. 20, § 245.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1391a. Penalties for overweight operation

§ 1391a. Penalties for overweight operation
(a) Civil penalties for violations of the following statutory sections shall be in accordance with the schedule established in this section:
(b)(1) For violation of each of the statutory sections listed in subsection (a) of this section, civil penalties shall be imposed as follows:
$15.00 for each 1,000 lbs. or portion thereof overweight for the first 5,000 lbs. overweight;
$30.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 5,000 lbs. and less than 10,001 lbs.;
$45.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 10,000 lbs. and less than 15,001 lbs.;
$60.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 15,000 lbs. and less than 20,001 lbs.;
$90.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 20,000 lbs. and less than 25,001 lbs.; and
$150.00 for each 1,000 lbs. or portion thereof overweight when the gross overweight is more than 25,000 lbs.
(2) Civil penalties for subsequent violations of subchapter 15, article 1 of this chapter shall be computed in accordance with subdivision (b)(1) of this section with the following percentage increases:
(A) upon a second conviction of a violation occurring within one year, five percent;
(B) upon a third conviction of a violation occurring within one year, ten percent;
(C) upon a fourth or subsequent conviction occurring within one year, 15 percent.
(3) In the calculation of gross overweight, the weight allowed by registration or permit, whichever is greater, shall be the basis. The tolerances allowed by sections 1391, 1392, 1408, and 1410 of this title shall not be considered in the calculation of gross overweight.
(c) Notwithstanding any other provisions of law to the contrary, in a prosecution for a violation of those statutes listed in subsection (a) of this section, the proper defendant shall be either the owner or lessee of the vehicle or the person who moves or operates the vehicle.
(d) Civil penalties imposed for violations of this section shall be deposited in the Transportation Fund, unless the civil penalties are the result of enforcement actions on a town highway by an enforcement officer employed by or under contract with the municipality, in which case the civil penalty shall be paid to the municipality, except for an administrative charge for each case in the amount specified in 13 V.S.A. § 7251, which shall be retained by the State. (Added 1977, No. 177 (Adj. Sess.), § 1, eff. May 1, 1978; amended 1983, No. 86, § 2; 1983, No. 192 (Adj. Sess.), § 1, eff. April 27, 1984; 1989, No. 51, § 43; 1993, No. 186 (Adj. Sess.), § 1; 1995, No. 119 (Adj. Sess.), § 4, eff. April 25, 1996; 1997, No. 120 (Adj. Sess.), § 9a; 1999, No. 154 (Adj. Sess.), § 34; 2015, No. 158 (Adj. Sess.), § 72; 2019, No. 131 (Adj. Sess.), § 202.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1392a. Authority of Commissioner to delegate permitting functions

§ 1392a. Authority of Commissioner to delegate permitting functions
The Commissioner may delegate any person as his or her agent to perform the duties set forth in sections 1392, 1400 through 1404, 1406, 1415, and 1431 of this title with respect to permits. (Added 1995, No. 119 (Adj. Sess.), § 6, eff. April 25, 1996.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1393. Weight limits in cities; adoption by towns or incorporated villages of State limits; limits on class 1 town highways

§ 1393. Weight limits in cities; adoption by towns or incorporated villages of State limits; limits on class 1 town highways
(a)(1) On all highways in a city, the legal load shall be as prescribed for the State Highway System in section 1392 of this title, unless otherwise restricted and posted by the local authorities as provided in this subchapter.
(2) With the approval of the Secretary of Transportation, the legislative body of a town or incorporated village may designate any highway under its jurisdiction to carry the same legal load as specified in section 1392 of this title for the State Highway System. When a certain highway has been so approved by the Secretary and the legislative body as to the legal load limit, then the Secretary shall have the highway posted for the legal load limit.
(3) Except as provided in subdivision 1392(1) of this title, State Highway System weight limits as specified in section 1392 of this title shall apply to class 1 town highways.
(b) [Repealed.]
(c) [Repealed.] (Added 1991, No. 214 (Adj. Sess.), § 3, eff. May 27, 1992; 1993, No. 186 (Adj. Sess.), § 2; 1995, No. 119 (Adj. Sess.), § 7; 2015, No. 47, § 32; 2017, No. 158 (Adj. Sess.), § 31, eff. Jan. 1, 2019.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1394. Designation of class 1 town highways

§ 1394. Designation of class 1 town highways
The class 1 town highways connecting the State highways through cities, villages, or municipalities shall be designated by the State Transportation Board and marked by the State Secretary of Transportation. The State Secretary of Transportation shall have signs erected on each road that leads off the State Highway System stating the legal load of the highway leading from the State Highway System. (Amended 1975, No. 7, eff. Feb. 14, 1975.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1396. Special weight limits for bridges and highways

§ 1396. Special weight limits for bridges and highways
(a) When, in the opinion of the Secretary of Transportation, a highway or bridge on the State Highway System or class 1 town highway, or when, in the opinion of the legislative body of a municipality, any class 2, 3, or 4 town highway or bridge under the jurisdiction of the municipality may be varied from the weight limit specified in section 1392 of this title, then the Secretary of Transportation for the State Highway System or the legislative body may designate the legal load limit for the highway or bridge. However, when the legislative body of a municipality requests in writing, the Secretary of Transportation may set the weight limit on a class 1 town highway at less than the State highway limit under section 1392 of this title, if a reasonable alternative route is available for those vehicles traveling at the State highway limit.
(b) In making the determination as to whether a reasonable alternative route is available, the Secretary of Transportation shall, at a minimum, consider the following factors:
(1) whether the alternative routing will reduce or relieve traffic congestion in a downtown area;
(2) whether the alternative routing will enhance safety;
(3) the length of the alternative route, and any increase in time made necessary by use of the alternative route;
(4) whether an adverse effect has been created relative to the quiet enjoyment and property values of persons living along the alternative route.
(c) Any decision of the Secretary made under this section may be appealed, in writing, to the Transportation Board within 30 days of the Secretary’s decision. The Transportation Board shall decide the question within 45 days of receipt of the appeal and may take evidence or testimony. Except as otherwise provided, the designated legal load limit for the highway or bridge shall not be less than 20,000 pounds for a single traction engine, tractor, trailer, motor truck, or other motor vehicle for the State system or any class 1 or 2 town highway nor less than 16,000 pounds for any other town highway. (Amended 1993, No. 61, § 27, eff. June 3, 1993; 1993, No. 186 (Adj. Sess.), § 3; 1995, No. 119 (Adj. Sess.), § 8; 2019, No. 131 (Adj. Sess.), § 203; 2021, No. 184 (Adj. Sess.), § 43, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1397. Weight limit signs

§ 1397. Weight limit signs
(a) When the weight limit on a highway or bridge has been adjusted by the Secretary of Transportation, the selectboard of a town, the trustees of an incorporated village, or the city council of a city, as to the legal load limit, then the Secretary, selectboard, trustees, or city council shall have each restricted highway or bridge posted for the legal load limit permitted. The notices shall be of a permanent nature and shall be placed at each end of each restricted highway in each town, village, or city affected or on the approaches to each restricted bridge. The notices shall state the legal load limit permitted to be operated over the highway or bridge.
(b) The notices specified in subsection (a) of this section may be omitted when the restricted highway is a class 4 town highway or a class 3 town highway serving only one residence. (Amended 1991, No. 214 (Adj. Sess.), § 5, eff. May 27, 1992; 1993, No. 186 (Adj. Sess.), § 4; 1995, No. 73 (Adj. Sess.), § 5; 2021, No. 184 (Adj. Sess.), § 44, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1397a. Special limits for covered bridges

§ 1397a. Special limits for covered bridges
The legislative body of a municipality where a covered bridge is located or, if parts of such a bridge are located in more than one municipality, the legislative bodies of the municipalities where a covered bridge is located acting jointly may, after consultation with the Agency of Transportation, restrict the use of the bridge to vehicles that are within limits as to one or more of the following, as they shall establish: weight, height, or width. Any limitation shall be permanently posted by the municipality, with signs that conform to the standards established by section 1025 of this title, approximately 100 feet from the approaches to the bridge and at intersections as may be required to enable operators of restricted vehicles to proceed by the most direct alternate unrestricted route. (Added 2021, No. 184 (Adj. Sess.), § 45, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 13 - Operation of Vehicles › § 1398. Certified statement to be filed

§ 1398. Certified statement to be filed
A certified statement shall be filed with the clerk in each municipality in which a posting, as provided in sections 1397 and 1397a of this subchapter, occurs that states the location of the highway or bridge posted, the legal limit or limits to which the highway or bridge is restricted, and the date of posting. If a restriction is removed at any time by the Secretary of Transportation or legislative body of the municipality, or both, a similar certified statement of the removal shall be filed with the clerk of the municipality. (Amended 2021, No. 184 (Adj. Sess.), § 46, eff. July 1, 2022.)