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2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3219. Administrative penalties

§ 3219. Administrative penalties
(a) The Commissioner may impose an administrative penalty of not more than $250.00 against VAST or its agent for each violation of this subchapter or the rules adopted thereunder. A penalty arising from a single violation may be assessed against VAST or its agent, as may be appropriate, but not against both.
(b) Each violation is a separate and distinct offense, and, in the case of a continuing violation, each day’s continuance may be deemed a separate and distinct offense. In no event shall the maximum penalty imposed for a continuing offense exceed $500.00.
(c) The Commissioner shall adopt rules establishing a schedule of administrative penalties to be imposed under this section. Penalties shall be based on the severity and frequency of the violation.
(d) VAST or its agent shall be given notice and opportunity for a hearing on any alleged violation. Service of the notice shall be sent by first-class mail. The notice shall include the following:
(1) a factual description of the alleged violation;
(2) a reference to the particular statute or rule allegedly violated;
(3) the amount of the proposed administrative penalty; and
(4) a warning that the right to a hearing will be deemed waived and a penalty will be imposed if no hearing is requested within 15 days from the date of the notice, and that failure to pay a penalty may result in suspension or cancellation of the privilege of issuing registrations pursuant to the provisions of section 3204 of this title by VAST or its agent.
(e) When VAST or its agent receives notice under subsection (d) of this section, it shall be deemed to have waived the right to a hearing unless, within 15 days from the date of the notice, a hearing is requested in writing. If the right to a hearing is waived, the Commissioner shall issue a final order finding VAST or its agent in default and imposing the penalty.
(f) The provisions of sections 105, 106, and 107 of this title shall apply to hearings conducted under this section.
(g) The Commissioner may collect an unpaid administrative penalty by filing a civil action in Superior Court or through any other means available to State agencies.
(h) If a penalty is not paid within 60 days after it is imposed, the Commissioner may suspend or cancel the privilege of issuing registrations granted to VAST or its agent under the provisions of section 3204 of this title.
(i) The remedies authorized by this section shall be in addition to any other civil or criminal remedies provided by law for a violation of this subchapter.
(j) All penalties collected under this section shall be deposited in the Transportation Fund. (Added 2011, No. 164 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3301. Declaration of policy

§ 3301. Declaration of policy
It is the policy of this State to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating to the use, operation, and equipment of vessels. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 2019, No. 131 (Adj. Sess.), § 235.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3303. Operation of unnumbered motorboats prohibited

§ 3303. Operation of unnumbered motorboats prohibited
Except for motorboats exempt from numbering under subdivisions 3307(a)(2)-(6) of this title, every motorboat on the waters of this State shall be numbered. A person shall not operate or give permission for the operation of any motorboat on such waters unless the motorboat is numbered in accordance with this subchapter, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state, and unless:
(1) the certificate of number awarded to such motorboat is currently valid; and
(2) the identifying number set forth in the certificate of number is displayed on each side of the bow of such motorboat. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 2015, No. 47, § 48; 2021, No. 76, § 12.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3304. Classification

§ 3304. Classification
Motorboats subject to the provisions of this chapter shall be divided into four classes as follows:
Class A. Less than 16 feet in length.
Class 1. 16 feet or over and less than 26 feet in length.
Class 2. 26 feet or over and less than 40 feet in length.
Class 3. 40 feet or over. (Added 1983, No. 212 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3305a. Privilege to operate a vessel; suspension of privilege; minimum age for operation of a motorboat

§ 3305a. Privilege to operate a vessel; suspension of privilege; minimum age for operation of a motorboat
(a) An individual who meets the applicable requirements of this subchapter shall have the privilege to operate a vessel on the public waters of this State, as those waters are defined in 10 V.S.A. § 1422.
(b) An individual whose privilege to operate a vessel has been suspended shall not operate, attempt to operate, or be in actual physical control of a vessel on the public waters of this State until the privilege to operate a vessel has been reinstated by the Commissioner of Motor Vehicles.
(c) An individual under 12 years of age shall not operate a motorboat powered by more than six horsepower on the public waters of this State. (Added 1989, No. 65, § 3; amended 2021, No. 76, § 13.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3307. Exemption from Vermont numbering provisions

§ 3307. Exemption from Vermont numbering provisions
(a) A motorboat is not required to have a Vermont number under this chapter if it is:
(1) already covered by a number in effect that has been awarded to it under federal law or a federally approved numbering system of another state if the boat has not been within the State for more than 90 days;
(2) a motorboat from a country other than the United States if the boat has not been within the State for more than 90 days;
(3) a motorboat owned by a state or subdivision of a state and used principally for governmental purposes and that is clearly identifiable as such, provided that the state or subdivision has jurisdiction over the motorboat and follows the guidance of 33 C.F.R. § 173.19;
(4) a vessel’s lifeboat;
(5) licensed, numbered, or otherwise registered under New Hampshire laws for operation on waters in that state, but only when it is operated on such parts of the Connecticut River and impoundments of the river as may lie in Vermont and only when and to the same extent as New Hampshire laws allow motorboats licensed, numbered, or otherwise recognized by Vermont laws as being registered for lawful operation on waters within Vermont to be operated on such parts of the Connecticut River and impoundments of the river as may be in New Hampshire; or
(6) a motorboat that has a valid marine document issued by U.S. Customs and Border Protection or any successor federal agency.
(b) Any exemptions provided in this section shall apply to an owner or operator of a motorboat only to the extent that under the laws of the foreign country or state of his or her residence like exemptions and privileges are granted to operators and owners of motorboats duly registered under the laws of this State.
(c) Failure to meet one of the exemptions of this section will require registration and numbering in Vermont. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 3, eff. Jan. 1, 1986; 2015, No. 47, § 49; 2021, No. 76, § 14; 2021, No. 105 (Adj. Sess.), § 427, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3307a. Documented motorboat validation sticker

§ 3307a. Documented motorboat validation sticker
(a) Annual validation required.
(1) An owner of a motorboat that has been registered in another state under a federally approved numbering system, or that has a valid document issued by the U.S. Coast Guard, U.S. Customs and Border Protection, or any other federal agency, and that is used in the waters of the State for at least 60 days in any calendar year shall apply annually to the Commissioner of Motor Vehicles for validation of the out-of-state or federal registration of that motorboat.
(2) The Commissioner shall issue a validation sticker to any owner who submits an application and pays a fee as required by subsection (b) of this section, provided that the out-of-state or federal registration is valid and that the requirements of section 3322 of this title are met.
(3) A validation sticker issued under this section shall be valid through December 31 of the year in which it is issued.
(b) Application; fee. The owner of the motorboat shall:
(1) submit an application, on a form that the Commissioner requires, signed by every owner of the motorboat to the Commissioner; and
(2) pay to the Commissioner an application fee in the same amount as would be paid if the motorboat was being registered under subsection 3305(b) of this title.
(c) Sale of motorboat. Within 30 days after the sale or other transfer of a motorboat that is or should be validated under this section:
(1) the transferor shall give notice of the transfer to the Commissioner on a form that the Commissioner requires; and
(2) if the transferee intends to continue to use the motorboat on the waters of the State for at least 30 days in any calendar year, he or she shall submit an application for validation and pay the fee as required by subsection (b) of this section.
(d) Display of sticker. The validation sticker shall be displayed on or about the forward half of the motorboat.
(e) Operation without sticker prohibited. Unless the motorboat that is subject to the validation requirement of this section displays a current validation sticker:
(1) an individual shall not operate the motorboat on the waters of the State; and
(2) the owner shall not knowingly permit the motorboat to be operated on the waters of the State. (Added 1987, No. 251 (Adj. Sess.), § 1; amended 1989, No. 265 (Adj. Sess.), § 5, eff. March 1, 1991; 1997, No. 155 (Adj. Sess.), § 12; 2019, No. 14, § 64, eff. April 30, 2019; 2021, No. 20, § 253; 2021, No. 76, § 15; 2021, No. 105 (Adj. Sess.), § 428, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3308. Boat liveries

§ 3308. Boat liveries
The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel that is designed or permitted by him or her to be operated as a motorboat and the identification number and the date and time of rental. The record shall be preserved for at least six months. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 4, eff. Jan. 1, 1986.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3309. Muffling devices

§ 3309. Muffling devices
The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a manner that reduces the maximum machine operating noise level to not more than 82 decibels on the A scale at 50 feet, in a normal operating environment. The use of cutouts is prohibited except for motorboats competing in a regatta or boat race approved as provided in section 3316 of this title, and for such motorboats while on trial runs, during a period not to exceed 48 hours immediately preceding such regatta or race and for such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following such regatta or race. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1989, No. 65, § 6.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3310. Swimming areas

§ 3310. Swimming areas
(a) The Commissioner of Forests, Parks and Recreation or a municipality in administering a swimming beach or waterfront program may designate a swimming area in front of the beach or land that the State or a municipality owns or controls and may make rules pertaining to the area. The rules may provide that no individual, except a lifeguard on duty and other authorized personnel, may operate a vessel, seaplane, racing shell, or rowing scull of any sort within the designated swimming area.
(b) A designated swimming area shall have bounds marked by buoys spaced no more than 100 feet apart. The buoys shall be displayed 24 inches above the water or shall have red flags not smaller than 12 by 18 inches displayed 18 inches above the water. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 2009, No. 135 (Adj. Sess.), § 19; 2021, No. 76, § 16.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3312. Operations rules as between vessels

§ 3312. Operations rules as between vessels
(a) When two motorboats are approaching each other “head on” or in a manner so as to involve risk of collision, each motorboat shall bear to the right and pass the other motorboat on its left side.
(b) When two vessels approach each other obliquely or at right angles, the vessel approaching on the right side should maintain its course and speed.
(c) A vessel may overtake another vessel on either side but must be prepared to take early and substantial action to avoid collision. The vessel being overtaken should maintain its course and speed.
(d) The U.S. Coast Guard Inland Navigation Rules, 33 C.F.R. Part 83, as may be amended, are hereby adopted as the operative rules for Lake Champlain, Lake Memphremagog, and Wallace Pond in Canaan. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1989, No. 65, § 8; 2015, No. 47, § 50; 2021, No. 76, § 19.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3312a. Operation of personal watercraft

§ 3312a. Operation of personal watercraft
(a) An individual less than 16 years of age shall not operate a personal watercraft.
(b) All individuals operating or riding on a personal watercraft shall wear a properly secured wearable U.S. Coast Guard-approved personal flotation device as intended by the manufacturer.
(c) Personal watercraft shall not be operated at any time between sunset and sunrise.
(d) Every individual operating a personal watercraft equipped by the manufacturer with a lanyard type engine cut-off switch shall attach the lanyard to his or her wrist, clothing, or personal flotation device as appropriate for the specific craft. (Added 1989, No. 65, § 9; amended 2009, No. 30, § 1; 2021, No. 76, § 19.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3313. Collisions, crashes, and casualties

§ 3313. Collisions, crashes, and casualties
(a) The operator of a vessel involved in a collision, crash, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, shall render to other individuals affected by the collision, crash, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, crash, or other casualty. Also, he or she shall give his or her name, address, and identification of his or her vessel in writing to any individual injured and to the owner of any property damaged in the collision, crash, or other casualty.
(b) If a collision, crash, or other casualty involving a vessel results in death or injury to an individual or damage to property in excess of $2,000.00, the operator shall file with the Commissioner of Motor Vehicles within 36 hours a full description of the collision, crash, or other casualty, including such information as the Commissioner may, by rule, require. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 5, eff. Jan. 1, 1986; 2021, No. 76, § 19.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3314. Transmittal of information

§ 3314. Transmittal of information
In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the Department of Motor Vehicles under subsection 3313(b) of this title shall be transmitted to the official or agency of the United States. (Added 1983, No. 212 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3315. Water skis and surfboards

§ 3315. Water skis and surfboards
(a) Except as provided in this subsection, an individual shall not operate a vessel on any waters of this State to tow an individual or individuals on water skis, aquaplane, kite skis, wakeboard, kneeboard, or similar device unless the individual being towed is wearing a U.S. Coast Guard-approved personal flotation device and unless there is in the vessel an individual who is at least 12 years of age, in addition to the operator, in a position to observe the progress of the individual or individuals being towed. Individuals engaged in barefoot waterskiing may elect at their own risk to wear a non-Coast Guard-approved barefoot wetsuit designed specifically for this activity. An observer shall not be required if the vessel is:
(1) a tow boat approved by the American Water Ski Association and equipped with a wide-angle mirror having a viewing surface of at least 48 square inches;
(2) being operated by an individual who is at least 18 years of age; and
(3) being operated within an American Water Ski Association regulation slalom course.
(b) The provisions of subsection (a) of this section do not apply to a performer engaged in a professional exhibition nor to an individual engaged in an activity authorized under section 3316 of this title.
(c) An individual shall not operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device or any individual thereon to approach within 100 feet of an individual swimming or a canoe, rowboat, or other light craft conveying any individual. This subsection does not prohibit necessary mooring or landing or leaving shore.
(d) The Commissioner may designate areas less than 200 feet from the shoreline of a body of water, other than a river, to allow for the operation of a motorboat used for the purpose of towing an individual or individuals on water skis, aquaplane, kite skis, surfboard, or similar device. The Commissioner shall adopt rules to establish criteria governing the designation of such areas and conditions that may be placed on the designated areas. The Commissioner may consider safety, potential environmental damage, the impact on adjacent areas and uses, and any other related concerns. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 23; 1985, No. 149 (Adj. Sess.); 1989, No. 65, § 10; 1989, No. 159 (Adj. Sess.), § 4; 2005, No. 196 (Adj. Sess.), § 1; 2019, No. 131 (Adj. Sess.), § 240; 2021, No. 20, § 256.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3316. Regattas; races; marine parades; tournaments; water skiing events or exhibitions; triathlons

§ 3316. Regattas; races; marine parades; tournaments; water skiing events or exhibitions; triathlons
(a) The Commissioner of Public Safety may authorize the holding of public regattas, motorboat or other vessel races, marine parades, tournaments, water skiing events, exhibitions, or triathlons on any waters of this State and any associated public roads. He or she shall adopt and may, from time to time, amend rules concerning the safety of motorboats and other vessels and individuals on these vessels, either observers or participants, and of individuals swimming, cycling, or running in or observing an event. Whenever a public regatta, motorboat or other vessel race, marine parade, tournament, water skiing event, exhibition, or triathlon is proposed to be held, the person in charge shall, at least 15 days prior to the event, file an application with the Department of Public Safety for permission to hold the regatta, motorboat or other vessel race, marine parade, tournament, water skiing event, exhibition, or triathlon. A copy of such application shall be sent to the municipality and organized lake association where the event is to be held 15 days in advance of the event to allow for comment. The application shall set forth the date, time, and location where it is proposed to hold the regatta, motorboat or other vessel race, marine parade, tournament, water skiing event, exhibition, or triathlon, and it shall not be conducted without authorization of the Department of Public Safety in writing, except that this provision shall not apply to unscheduled vessel races to which the public has not been invited.
(b) The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained in this section shall be construed to require the securing of a State permit if a permit has been obtained from an authorized agency of the United States. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 6, eff. Jan. 1, 1986; 1989, No. 159 (Adj. Sess.), § 5; 1999, No. 148 (Adj. Sess.), § 80, eff. May 24, 2000; 2021, No. 76, § 20.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3318. Administration and enforcement

§ 3318. Administration and enforcement
(a) The administration of the provisions of this chapter, as they pertain to the registration and numbering of vessels and the suspension of the privilege to operate vessels, shall be the responsibility of the Department of Motor Vehicles.
(b) This subchapter and rules adopted under this subchapter shall be printed in booklet form and made available to the public by the Department of Public Safety.
(c) The provisions of this subchapter and the 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. Law enforcement officers as defined in section 3302 of this title may also enforce the provisions of 10 V.S.A. § 1454 and the rules adopted pursuant to 10 V.S.A. § 1424 in accordance with the requirements of 10 V.S.A. chapter 50. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 8, eff. Jan. 1, 1986; 1989, No. 65, § 12; 1999, No. 42, § 4, eff. May 25, 1999; 2009, No. 154 (Adj. Sess.), § 238; 2015, No. 61, § 12, eff. June 17, 2015; 2017, No. 71, § 20; 2019, No. 131 (Adj. Sess.), § 242.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3319. Fees collected; special fund

§ 3319. Fees collected; special fund
(a) There is hereby established a special fund to be known as the Motorboat Registration Fund for the purposes of ensuring that the fees and penalties collected under this subchapter are utilized in the protection and maintenance of the State’s water resources. Any interest earned on the monies in this Fund will be deposited in the General Fund.
(b) The fees and penalties collected under the provisions of this subchapter shall be deposited in the Motorboat Registration Fund and shall be allocated as follows:
(1) 10 percent to the Department of Public Safety, to be used for enforcement of this subchapter and implementation of a boating safety education program.
(2) 34 percent to the Department of Fish and Wildlife, to be used to match federal funds; for upgrading and expanding boating access areas and facilities located at those areas; for developing and constructing new boating access areas; and for facilitating or establishing and maintaining pump out stations, which may be, in the discretion of the Commissioner, constructed or operated either by the Department or on a contractual basis by a private person or entity. Users shall be charged reasonable and appropriate fees.
(3) 17 percent to the Department of Environmental Conservation for the purpose of aquatic nuisance control pursuant to 10 V.S.A. chapter 50.
(4) Seven percent to the Agency of Agriculture, Food and Markets for the purpose of mosquito control pursuant to 6 V.S.A. chapter 85.
(5) 20 percent to the Department of Environmental Conservation for the purpose of an Aquatic Nuisance Control Grant Program pursuant to 10 V.S.A. chapter 50.
(6) 12 percent to the Transportation Fund.
(c) [Repealed.] (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1989, No. 65, § 13; 1989, No. 265 (Adj. Sess.), § 6; 1993, No. 52, § 3, eff. July 1, 1994; 2001, No. 143 (Adj. Sess.), § 57; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 46, § 7, eff. July 1, 2010; 2015, No. 159 (Adj. Sess.), § 50.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3320. Motorboats on Dufresne Dam waters prohibited

§ 3320. Motorboats on Dufresne Dam waters prohibited
(a) The use and operation of motorboats on the waters impounded by the Dufresne Dam, so-called, on the Battenkill River in the Town of Manchester is prohibited.
(b) The Department of Fish and Wildlife shall post notice of this section conspicuously at the boat launching areas at the Dufresne Dam impoundment.
(c) A person who violates this section shall be fined not more than $20.00 for each offense. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 2021, No. 76, § 21.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3321. Motorboats in South Pond prohibited

§ 3321. Motorboats in South Pond prohibited
(a) The use and operation of motorboats on the waters of South Pond in the Town of Marlboro is prohibited.
(b) The Department of Fish and Wildlife shall post notice of this section conspicuously at the boat launching areas at the South Pond impoundment.
(c) A person who violates this section shall be fined not more than $20.00 for each offense. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 2021, No. 76, § 21.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3322. Proof of payment of tax

§ 3322. Proof of payment of tax
No license, permit, registration, validation, or similar authorization to own or operate any vessel shall be issued under this chapter 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. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1987, No. 251 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3323. Boating under the influence of alcohol or drugs

§ 3323. Boating under the influence of alcohol or drugs
(a) A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this State while:
(1) there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or
(2) under the influence of alcohol; or
(3) 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 operating safely.
(b) 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.
(c) 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 which renders the person incapable of safely operating a vessel may not operate, attempt to operate, or be in actual physical control of a vessel. 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) For the purposes of this section, “drug” means a regulated drug as defined in 18 V.S.A. § 4201.
(e) A person may not be convicted of more than one violation of subsection (a) of this section arising out of the same incident. (Added 1989, No. 65, § 14; amended 1997, No. 57, § 3; 2007, No. 195 (Adj. Sess.), § 7; 2017, No. 83, § 155; 2023, No. 6, § 258, eff. July 1, 2023.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3323a. Persons under 21 years of age; alcohol concentration of 0.02 or more

§ 3323a. 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 vessel on the waters 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 vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters 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 vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters 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 a breath 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 vessel on the waters 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 3323 of this title. (Added 1997, No. 57, § 4, eff. Sept. 1, 1997; amended 1997, No. 121 (Adj. Sess.), § 29; 2021, No. 115 (Adj. Sess.), § 7, eff. July 1, 2022.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3324. Implied consent

§ 3324. Implied consent
Any person who operates, attempts to operate, or is in actual physical control of a vessel on the waters 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 and 1203 of this title. (Added 1989, No. 65, § 14.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3325. Permissive inferences

§ 3325. Permissive inferences
(a) 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 vessel on the waters of this State, the amount of alcohol in the person’s blood or breath at the time alleged as shown by analysis of the person’s blood or breath shall give rise to the following permissive inferences or presumptions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person’s blood or breath, it shall be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight of alcohol in the person’s blood or breath, 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.
(3) If there was at that time 0.08 percent or more by weight of alcohol in the person’s blood or breath, as shown by analysis of the person’s blood or breath, it shall be a permissive inference that the person was under the influence of alcohol in violation of section 3323 of this title.
(4) If there was at any time within two hours of the alleged offense, 0.10 percent or more by weight of alcohol in the person’s blood or breath as shown by analysis of the person’s blood or breath, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 3323(a)(2) or (3) of this title.
(b) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood.
(c) The foregoing provisions shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of alcohol, nor shall they be construed as requiring that evidence of the amount of alcohol in the person’s blood or breath must be preserved. (Added 1989, No. 65, § 14; amended 1997, No. 57, § 5; 2017, No. 83, § 161(4).)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3326. Refusals; sanctions

§ 3326. Refusals; sanctions
(a) Refusals. 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. If the person is charged with a violation of this subchapter, the court at the arraignment or as soon thereafter as is practicable shall hold a summary hearing, and take evidence relating to the reasonableness of the officer’s belief that the defendant was operating, attempting to operate, or in actual physical control of a vessel on the waters of this State while under the influence of alcohol or other drugs, or both.
(b) Penalty; first refusal. Upon a finding by the court that the officer had reasonable grounds to believe that the defendant was so operating, attempting to operate, or in actual physical control of a vessel on the waters of this State, the court shall impose a civil penalty of not more than $750.00. In addition, the person’s privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters of this State shall be suspended for a period of one year and until the person complies with section 1209a of this title.
(c) Second occurrence after five years. Upon a second refusal to submit to testing and upon a finding by the court under subsection (a) of this section, if the second offense occurs more than five years after the date of the first offense for which a refusal was given, the court shall impose the same penalty and suspension as for a first refusal under this section.
(d) Second occurrence within five years. Upon a second refusal to submit to testing and upon a finding by the court under subsection (a) of this section, if the offense occurred within five years of the date of the offense for which there was a first refusal by that person, and upon final determination of an appeal, the court shall impose a civil penalty of not more than $1,000.00. In addition, the person’s privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters of this State shall be suspended for a period of two years and until the person complies with section 1209a of this title. (Added 1989, No. 65, § 14; amended 2017, No. 83, § 161(4).)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3327. Responsibility to follow lawful order of law enforcement officer

§ 3327. Responsibility to follow lawful order of law enforcement officer
(a) A person while operating or in charge of a vessel shall, upon request by a law enforcement officer who reasonably suspects that the person has committed or is committing a violation of this subchapter, give his or her name, date of birth, and address and the name and address of the owner of the vessel.
(b) The operator of the vessel shall identify himself or herself upon request from a law enforcement officer and produce the registration certificate for the vessel if required. A person operating a vessel shall promptly and carefully stop when signaled to stop by a law enforcement officer wearing insignia that identifies the officer.
(c) A person who violates subsection (a) of this section shall be fined not more than $300.00.
(d) A person who violates subsection (b) of this section shall be assessed a civil penalty of not more than $250.00. (Added 2009, No. 30, § 4.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 29 - Snowmobiles, Vessels, and Water Sports › § 3381. Divers; flag required

§ 3381. Divers; flag required
(a) As used in this section:
(1) “Diver” means any person who is wholly submerged in the waters of the State and is equipped with a face mask and snorkel or “underwater breathing apparatus.”
(2) “Divers-down flag” means a flag that is either square or rectangular, to approximately four units high by five units long, with a one-unit diagonal stripe. The divers-down flag shall have a white diagonal stripe on a red background. The stripe shall begin at the top staff-side of the flag and extend diagonally to the opposite lower corner. The flag shall be free-flying and shall be removed when all divers are out of the water. The minimum size shall be 12 by 12 inches.
(b) All divers shall prominently display a divers-down flag in the area in which the diving occurs, other than when diving in an area customarily used for swimming only. Persons diving together as a group, in the same diving area, shall display at least one flag.
(c) A person who violates this section shall be assessed a civil penalty of not more than $100.00 for each violation. (Added 1987, No. 140 (Adj. Sess.), § 2, eff. April 8, 1988; amended 2019, No. 131 (Adj. Sess.), § 243.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 31 - All-Terrain Vehicles › § 3501. Definitions

§ 3501. Definitions
As used in this chapter:
(1) “All-terrain vehicle” or “ATV” means any nonhighway recreational vehicle, except snowmobiles, having not less than two low pressure tires (10 pounds per square inch, or less); not wider than 64 inches, with two-wheel ATVs having permanent, full-time power to both wheels; and having a dry weight of less than 2,500 pounds, when used for cross-country travel on trails or on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland, and natural terrain. An ATV on a public highway shall be considered a motor vehicle, as defined in section 4 of this title, only for the purposes of those offenses listed in subdivisions 2502(a)(1)(H), (N), (R), (U), (Y), (FF), (GG), (II), and (AAA); (2)(A) and (B); (3)(A), (B), (C), and (D); (4)(A) and (B); and (5) of this title and as provided in section 1201 of this title. An ATV does not include an electric personal assistive mobility device, a motor-assisted bicycle, or an electric bicycle.
(2) “Department” means the Department of Motor Vehicles unless otherwise stated.
(3) “Direct supervision” means that the supervisor shall be sufficiently close and able to control, by communicating visually or orally, the operation of an ATV by an operator under 16 years of age, taking into account the noise created by an ATV and protective headgear worn by the operator.
(4) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming.
(5) “Forestry operation” has the same meaning as in 10 V.S.A. § 2602.
(6) “Secretary” means the Secretary of Natural Resources.
(7) “State lands” means land owned, leased, or otherwise controlled by the State.
(8) “VASA” means the Vermont ATV Sportsman’s Association, a statewide association of ATV clubs. (Added 1983, No. 240 (Adj. Sess.), § 1; amended 1987, No. 76, § 18; 2001, No. 69, § 9; 2001, No. 91 (Adj. Sess.), § 10; 2003, No. 66, § 217a; 2007, No. 184 (Adj. Sess.), § 4; 2009, No. 50, § 82; 2015, No. 50, § 25; 2019, No. 121 (Adj. Sess.), § 17; 2019, No. 149 (Adj. Sess.), § 24; 2021, No. 40, § 8.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 31 - All-Terrain Vehicles › § 3503. Transfer of registration

§ 3503. Transfer of registration
The registration of an all-terrain vehicle ends when the owner transfers title to another person. The former owner shall immediately return to the Commissioner the registration certificate and plate previously assigned to the transferred all-terrain vehicle with the date of sale, name, and residence of the new owner endorsed on the back of the certificate. When a person transfers the ownership of a registered all-terrain vehicle to another person, files a new application, and pays a fee of $12.00, he or she may have registered in his or her name another all-terrain vehicle for the remainder of the registration year without payment of any additional registration fee. (Added 1983, No. 240 (Adj. Sess.), § 1; amended 1995, No. 120 (Adj. Sess.), § 5; 2015, No. 159 (Adj. Sess.), § 51.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 31 - All-Terrain Vehicles › § 3504. Registration fees and plates

§ 3504. Registration fees and plates
(a) The registration fee for all-terrain vehicles other than as provided for in subsection (b) of this section is $45.00. Duplicate registration certificates may be obtained upon payment of $6.00 to the Department.
(b) Any person engaged in the business of selling or exchanging all-terrain vehicles, as defined in subdivision 4(8) of this title, shall register and obtain registration certificates and identifying number plates subject to rules that may be adopted by the Commissioner and to the requirements of chapter 7 of this title. A manufacturer of all-terrain vehicles 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 seven days; private business or pleasure use of the person or members of his or her immediate family; and use at fairs, shows, or races when no charge is made. Fees for registration and registration certificates shall be $62.00 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 $5.00 for each plate issued. (Added 1983, No. 240 (Adj. Sess.), § 1; amended 1989, No. 51, § 48; 2001, No. 102 (Adj. Sess.), § 31, eff. May 15, 2002; 2007, No. 76, § 33c; 2015, No. 50, § 5; 2015, No. 57, § 30; 2015, No. 159 (Adj. Sess.), § 52; 2019, No. 70, § 8.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 31 - All-Terrain Vehicles › § 3505. Equipment

§ 3505. Equipment
(a) All all-terrain vehicles shall be equipped with one or more headlights, a red rear light all in working order, and brakes in good mechanical condition and be equipped with an efficient muffler and such other equipment and devices as may be required to meet the noise level specifications of subsection (b) of this section, and if equipped with a windshield it shall be free from sharp or jagged edges. Lights shall be on during operation from 30 minutes after sunset to 30 minutes before sunrise.
(b) Subject to regulation by rule of the Commissioner, any all-terrain vehicles shall be equipped with a muffler system and such other equipment or devices that reduce maximum machine operating noise to a noise level of not more than 82 decibels on the A scale at 50 feet, in a normal operating environment.
(c) No person shall sell or offer to sell within the State of Vermont an all-terrain vehicle unless it complies with the sound requirements specified in subsection (b) of this section. No all-terrain vehicle shall be equipped in any manner that permits the operator to bypass the muffler system; no person shall sell or offer to sell at either wholesale or retail a replacement exhaust muffler system that will not meet or exceed the exhaust noise reduction capabilities of the all-terrain vehicle. In addition, any person selling or offering to sell an all-terrain vehicle or replacement muffler system, whether at wholesale or retail, shall include in the specifications precise information concerning the designed maximum sound levels of the all-terrain vehicle or replacement muffler system.
(d) This section and section 3504 of this title shall not apply to any all-terrain vehicle entered into a racing contest sponsored by a racing or all-terrain vehicle organization or association during the period the all-terrain vehicle is actually participating in or practicing or preparing for a racing event at an area especially provided for the purpose.
(e) The provisions of section 1222 of this title shall not apply to any all-terrain vehicle registered pursuant to this chapter.
(f) Every all-terrain vehicle shall be equipped with a U.S. Forest Service qualified spark arrester. (Added 1983, No. 240 (Adj. Sess.), § 1; amended 1991, No. 123 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 31 - All-Terrain Vehicles › § 3507. Enforcement; penalties and revocation of registration

§ 3507. Enforcement; penalties and revocation of registration
(a) A person who violates a provision of this chapter shall be assessed a civil penalty of not more than $300.00 for each offense unless otherwise provided by law.
(b) In addition to the fines provided in subsection (a) of this section, the Commissioner may suspend or revoke the registration of an all-terrain vehicle involved in a violation of this chapter.
(c) Law enforcement officers may conduct safety inspections on all-terrain vehicles stopped for other all-terrain vehicle law violations on the VASA 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 all-terrain vehicle parked on a trail or on a cruiser parked at a roadside trail crossing. (Added 1983, No. 240 (Adj. Sess.), § 1; amended 1991, No. 165 (Adj. Sess.), § 10; 2017, No. 158 (Adj. Sess.), § 26; 2019, No. 131 (Adj. Sess.), § 246.)
2023 Vermont Statutes › Title 23 - Motor Vehicles › Chapter 31 - All-Terrain Vehicles › § 3508. Designated areas

§ 3508. Designated areas
The Secretary shall print a list of public lands and waters designated for use by all-terrain vehicles pursuant to subdivision 3506(b)(4) of this title and make the publication available to the public. (Added 1983, No. 240 (Adj. Sess.), § 1.)