Snowmobiles

V.S.A. tit. 23, ch. 29, subch. 1

in effect

23 V.S.A. § 3201 Definitions

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

23 V.S.A. § 3202 Registration and TMA decal required; exceptions

3202. Registration and TMA decal required; exceptions (a) Registration and decal required. A person shall not operate a snowmobile in this State unless it is registered and numbered by the State of Vermont or another state or province and displays a valid Vermont Trails Maintenance Assessment (TMA) decal adjacent to the registration decal on the left side of the snowmobile in accordance with this chapter, except when operated: (1) On the property of the owner of the snowmobile. (2) Off the highway, in a ski area while being used for the purpose of packing snow, or in rescue operations. (3) For official use by a federal, State, or municipal agency and only if the snowmobile is identified with the name or seal of the agency in a manner approved by the Commissioner. (4) Solely on privately owned land when the operator has the written consent of the owner, or his or her agent, of the property. (5) On frozen bodies of water as designated by the Agency of Natural Resources under the provisions of 10 V.S.A. § 2607. For purposes of this subdivision, a snowmobile shall not be required to display a TMA decal if not operating on a portion of the Statewide Snowmobile Trail System. Liability insurance as provided for in subdivision 3206(b)(19) of this title and a valid registration decal are required. (6) For emergency use by fire service personnel. (7) By a person who possesses a completed TMA form processed electronically and either printed out or displayed on a portable electronic device. The printed or electronic TMA form shall be valid for 10 days after the electronic transaction. Use of a portable electronic device to display a completed TMA form does not in itself constitute consent for an enforcement officer to access other contents of the device. (b) Registration period. The registration year for snowmobiles is from September 1 to August 31. (c) Use of snowmobile on public or private lands. The registration of a snowmobile does not in and by itself constitute a license to cross or operate a snowmobile on public or private lands. (d) Equipment condition and number. A snowmobile that does not comply with the provisions of section 3205 of this title or that has had its motor or serial number altered may not be registered by the Commissioner. (e) Special decal exemptions. A snowmobile legally registered in another state or province may enter and operate in this State without a TMA decal as follows: (1) Using a portion of the Statewide Snowmobile Trail System, a public right-of-way open to snowmobiles, or private land that is posted open to snowmobiles, for a distance not to exceed three miles for the sole purpose of accessing the closest food, fuel, lodging, and repair services. At a point three miles from the State line, trails shall be posted “VT TMA Required Beyond This Point.” (2) In Addison, Bennington, and Rutland Counties, from the New York border to Poultney village via corridor trail 4A (Delaware Hudson Rail Trail); from the New York border in Pawlet in the north to the New York border in the south in the town of Rupert (13 miles) along corridor trail 4; and from Lake Champlain at Benson Landing to the town of Benson via the local snowmobile trail. (3) For the purpose of accessing international customs services, on the so-called “Keyhole Trail,” for a distance of approximately one-half mile from United States/Canadian Customs at Beecher Falls to the town line of Pittsburg, New Hampshire, and for a distance of approximately four miles via Vermont Association of Snow Travelers snowmobile corridor 105 to Canaan and to the West Stewartstown, New Hampshire, bridge connecting to the New Hampshire 3A snowmobile trail on the Beecher Falls to Colebrook, New Hampshire, railbed, and on immediately adjacent areas for services. (4) In Essex County, for a distance of approximately 18 miles to and from the New Hampshire border to the village of Beecher Falls in the town of Canaan, via Vermont Association of Snow Travelers snowmobile trails 103 to 96 to 105/96 to 105. (5) The Commissioner may authorize the temporary operation of snowmobiles on designated regular or temporary trails for special events. (f)-(h) [Repealed.] (i) Authority of Agency of Natural Resources. Nothing in this section relating to operation on frozen bodies of water shall be construed to affect the authority of the Agency of Natural Resources to regulate uses of public bodies of water. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1987, No. 126 (Adj. Sess.), § 6; 1989, No. 126 (Adj. Sess.), § 1, eff. Feb. 23, 1990; 1991, No. 119 (Adj. Sess.), § 1, eff. Feb. 21, 1992; 1993, No. 1, § 1, eff. Feb. 19, 1993; 1993, No. 234 (Adj. Sess.), § 2, eff. Nov. 1, 1994; 1995, No. 64 (Adj. Sess.), § 3, eff. Jan. 30, 1996; 1997, No. 3, § 2, eff. March 8, 1997; 1999, No. 20, § 4; 1999, No. 144 (Adj. Sess.), § 2; 2001, No. 126 (Adj. Sess.), § 2, eff. June 12, 2002; 2003, No. 115 (Adj. Sess.), § 75, eff. Jan. 31, 2005; 2003, No. 116 (Adj. Sess.), § 4; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2011, No. 164 (Adj. Sess.), § 8; 2013, No. 189 (Adj. Sess.), § 22.

23 V.S.A. § 3203 Termination of registration

3203. Termination of registration The registration of a snowmobile ends when the owner transfers title to another. The former owner shall immediately return to the Commissioner the registration certificate previously assigned to the transferred snowmobile with the date of sale, name, and residence of the new owner endorsed on the back thereof. When a person transfers the ownership of a registered snowmobile to another, files a new application, and pays a fee of $3.00, he or she may have registered in his or her name another snowmobile for the remainder of the registration year without payment of any additional registration fee. Added 1983, No. 212 (Adj. Sess.), § 2; amended 2015, No. 159 (Adj. Sess.), § 46.

23 V.S.A. § 3204 Registration fees and dealer plates

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

23 V.S.A. § 3204a Antique snowmobiles

3204a. Antique snowmobiles (a) The one-time registration fee for a snowmobile that is at least 25 years old and is used exclusively in exhibitions, parades, and public functions shall be $50.00. The registration process for snowmobiles registered under this section shall be the same as provided in section 3204 of this title. (b) The owner of a snowmobile that satisfies the criteria established in subsection (a) of this section shall be entitled to display antique snowmobile plates that shall be distributed according to rules adopted by the Commissioner. Added 1999, No. 144 (Adj. Sess.), § 1; amended 2015, No. 159 (Adj. Sess.), § 48.

23 V.S.A. § 3205 Snowmobile equipment; windshield; use of headlight; illegal noise level; exemption from equipment requirement

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

23 V.S.A. § 3206 Snowmobile operation

3206. Snowmobile operation (a) A person shall operate, or cause to be operated, a snowmobile only in accordance with this chapter. (b) A snowmobile shall not be operated: (1) Across or on a plowed public highway unless: (A) The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing. (B) The operator brings the snowmobile to a complete stop before entering the traveled portion of the highway. (C) The operator yields the right of way to motor vehicles and pedestrians using the highway. (D) The operator is 16 years of age or older. If the operator is under 16 years of age but at least 12 years of age, that operator must be under the direct supervision of a person 18 years of age or older. (2) On a public highway, unless it is not being maintained and plowed for use by motor vehicles during the snow season. (3) On a public highway, unless the operator is not closer than five feet from the plowed portion. However, this section shall not apply to class IV roads or trails that are privately maintained or plowed. (4) On a public highway, unless the highway has been opened to snowmobile travel by the selectboard or trustees or local governing body and is so posted by the municipality. (5) On any privately owned land or body of private water unless: (A) the operator is the owner, or member of the immediate family of the owner or lessee of the land or private body of water; (B) the operator has, on the operator’s person, the written consent of the owner or lessee of the land to operate a snowmobile in the specific area in which the operator is operating, or the snowmobile displays a valid TMA decal as required by subsection 3202(a) of this title that serves as proof that the snowmobile and its operator by virtue of the TMA are members of a VAST-affiliated snowmobile club to which such consent has been given orally or in writing; or (C) the owner of the land has designated the area for use by snowmobiles by posting the area in a manner approved by the Secretary to give reasonable notice that snowmobiling is permitted. (6) On any public land, body of public water, or natural area established under the provisions of 10 V.S.A. § 2607, or other State, federal statute, or municipal ordinance, unless the Secretary has designated such area for use by snowmobiles in manners chosen by the Secretary or other public land manager. (7) By a child under eight years of age unless the child is on land owned by the child’s parents, family, or legal guardian. (8) By a person born after July 1, 1983, on private or public land and water without first obtaining a certificate of snowmobile education, unless the person is operating on land owned, leased, or farmed by the person’s parents, family, or guardian or the operator is the landowner. (A) A person who is required to have a certificate of snowmobile education shall do all of the following: (i) Possess the certificate or a copy of the certificate when operating a snowmobile on public or private lands and waters of the State. (ii) Show the certificate or a copy of the certificate on demand of an enforcement officer wearing an insignia identifying the officer as a law enforcement officer. No person charged with violating this subdivision (8) shall be convicted if the person produces in court, to the officer, or to a State’s Attorney, a certificate or a copy of the certificate that was valid at the time the violation occurred. A person may show an electronic copy of the certificate using a portable electronic device; however, use of a device for this purpose does not in itself constitute consent for an enforcement officer to access other contents of the device. (B) The following persons are exempt from the requirements of this subdivision (8): (i) a person who is operating on land owned by the person’s parents, family, or guardian or the person; (ii) any other person exempted by rules of the Department of Public Safety; (iii) any person who is under the direct supervision of a certified snowmobile safety instructor; and (iv) a child not yet 12 years of age, but not younger than eight when under the direct supervision of a parent or legal guardian who shall be liable for the actions of the child. (C) The Department of Public Safety shall adopt rules that: (i) Establish criteria for a course of instruction in snowmobile safety education. (ii) Relate to transient snowmobilers. (iii) Administer a verbal test when appropriate. (iv) Coordinate a statewide program of snowmobile safety instruction and certification and ensure that a course of safety education is available within each county. (v) Ensure a course of snowmobile safety education is available at the age of eight. Any child eight years of age but not yet 12 who passes the course may operate a snowmobile only when under the direct supervision of a parent or legal guardian who shall be liable for the actions of the child. (D) Any course of snowmobile safety education that is offered shall provide a minimum of six hours of instruction. (E) Any State-certified instructor may offer a course of instruction in snowmobile safety education approved by the Department of Public Safety. (F) The Department of Public Safety or its designee shall issue a certificate of snowmobile safety education to a person who: (i) passes a departmentally prescribed course of snowmobile safety education; or (ii) passes a snowmobile safety equivalency examination administered by persons authorized to offer a course of snowmobile safety education. (G) Upon request, the Department of Public Safety shall provide, without charge, snowmobile safety education materials to persons who plan to take the snowmobile safety equivalency examination. (H) Once issued, the certificate of snowmobile education is valid for the lifetime of the person to whom it was issued and may not be revoked by the Department of Public Safety or a court of law. (I) The Department of Public Safety shall replace, without charge, a lost or destroyed certificate if the Department issued the certificate or has a record that the certificate was issued. (J) A snowmobile safety certificate issued in another state or country in accordance with or substantially equivalent to criteria of the International Association of Snowmobile Administrators is sufficient to comply with the requirements of this section. (9)(A) In any manner intended, or that could reasonably be expected, to harass, drive, or pursue any wildlife; or (B) in any manner intended to cause an animal undue pain or suffering. (10) If the registration certificate or written consent is not available for inspection and the registration number, or plate of a size and type approved by the Commissioner, and TMA decal are not displayed on the snowmobile in a manner approved by the Commissioner. However, a TMA decal need not be displayed if the operator possesses a completed TMA form in accordance with subdivision 3202(a)(7) of this title. (11) While the operator is under the influence of drugs or alcohol as defined in section 3207a of this title. (12) In a reckless manner so as to endanger a person or property. (13) Within any cemetery, public or private, as defined in 18 V.S.A. § 5302. (14) On limited access highways, rights-of-way, or approaches unless permitted by the Agency of Transportation. In no case shall snowmobiling be permitted on any portion of the Dwight D. Eisenhower National System of Interstate and Defense Highways unless the Agency of Transportation permits operation on such highways. (15) On a sidewalk unless permitted by the legislative body of the municipality. (16) While the person’s privilege to operate a snowmobile has been suspended. (17) In an unreasonable or imprudent manner, and: (A) No person shall drive a snowmobile on the Statewide Snowmobile Trail System or a public right-of-way, open to snowmobiling, at a speed greater than is reasonable and prudent under the conditions, having regard for the actual and potential hazards there existing. In every event, speed shall be controlled as necessary to avoid collision with any person, vehicle, snowmobile, or other object on or adjacent to the snowmobile trail. (B) The operator of every snowmobile shall drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding trail, and when a special hazard exists with respect to pedestrians or other traffic by reason of weather or trail conditions. (C) Snowmobiles operating on a public right-of-way open to snowmobiling shall comply with the provisions established in sections 1003, 1007, and 1008 of this title. (D) The maximum speed limit on State lands and public waters shall be determined by the Agency of Natural Resources. (E) Any law enforcement officer or emergency personnel may disregard speed regulations in accordance with section 1015 of this title. (18) In a commercial manner unless the individual or entity offering the snowmobile for rent or hired for tour complies with the following: (A) On any privately owned land or body of private water, unless the individual or entity offering a snowmobile for commercial operation has first obtained the written consent of the snowmobile club responsible for obtaining landowner permission for snowmobile trails and for trail maintenance in that area with consent from the proper owner over whose property the trail passes. (B) For commercial purposes, on any public land, body of public water, or natural area, unless the individual or entity has first obtained the written consent of the snowmobile club responsible for trail maintenance, and the Secretary or other public land manager has designated such area for use by snowmobiles in a manner chosen by the Secretary or public land manager to give reasonable notice that snowmobiling is permitted. The commercial operation of snowmobiles on public land or public water shall be by permit or license issued by the Secretary or public land manager in a manner chosen by the Secretary or public land manager. (C) A commercial snowmobile operating on any private or public land, private or public water, or natural area shall display a commercial TMA. (D) A commercial snowmobile operating on any private or public land, private or public water, or natural area shall display a decal or flag identifying the individual or entity that owns the snowmobile. (19) Without carrying proof of liability insurance as described in this subdivision. No owner or operator of a snowmobile shall operate or permit the operation of the snowmobile on the Statewide Snowmobile Trail System or public right of way, except on the property of the owner, without having in effect a liability policy or bond in the amounts of at least $25,000.00 for one person and $50,000.00 for two or more persons killed or injured and $10,000.00 for damages to property in any one crash. In lieu thereof, evidence of self-insurance in the amount of $115,000.00 must be filed with the Commissioner. Such financial responsibility shall be maintained and evidenced in a form prescribed by the Commissioner. The standards and process established in subsection 801(c) of this title shall be adopted. An operator may prove financial responsibility using a portable electronic device; however, use of a device for this purpose does not in itself constitute consent for an enforcement officer to access other contents of the device. An operator cited for violating this subsection shall not be convicted if the operator sends or produces to the issuing enforcement agency within seven business days after the traffic stop proof of financial responsibility that was in effect at the time of the traffic stop. (20) On the Statewide Snowmobile Trail System or on a public right-of-way after the hour of 11:00 p.m. and before the hour of 6:00 a.m., if requested by the landowner or ordered by a town or municipality through ordinance, unless the operation is more than 500 feet from a residence or residences or the operation is taking place to groom the trail. All trails impacted by this subdivision shall be posted to indicate that they are closed between the hours of 11:00 p.m. and 6:00 a.m. (21) Without proper head and face protection. (A) No person shall operate or ride in or on a snowmobile or on a sled or device pulled by a snowmobile on the Statewide Snowmobile Trail System (SSTS) without wearing, upon the person’s head, protective headgear of a type approved by the Commissioner, unless the operator of the snowmobile is in the process of grooming the trail. The headgear shall be equipped with a strap to secure the headgear in place. (B) No person shall operate a snowmobile on the SSTS that is not equipped with a factory-installed or approved factory or aftermarket replacement windshield that adequately protects the operator’s face, or the operator shall wear eyeglasses, goggles, or a protective face shield. (22) During the closed season on the Statewide Snowmobile Trail System or any public land, except for the following purposes: (A) grooming operations; (B) trail maintenance; or (C) search and rescue operations conducted by law enforcement officers defined in subdivision 3302(2) of this title or emergency medical personnel defined in 24 V.S.A. § 2651(6) or emergency use by fire service personnel defined in 20 V.S.A. § 3151 or private individuals who are assisting such officers or personnel. (23) During the open season when the Statewide Snowmobile Trail System has not been officially opened by the Vermont Association of Snow Travelers, Inc., due to lack of snow or for temporary closures caused by lack of snow or dangerous trail conditions, except for the following purposes: (A) grooming operations; (B) trail maintenance; or (C) search and rescue operations conducted by law enforcement officers defined in subdivision 3302(2) of this title or emergency medical personnel defined in 24 V.S.A. § 2651(6) or emergency use by fire service personnel defined in 20 V.S.A. § 3151 or private individuals who are assisting such officers or personnel. (c) It shall be an affirmative defense to a prosecution for trespass under subdivision (b)(5) of this section that the operator of the snowmobile was unable, after a reasonable diligent search, to locate, within the State of Vermont, a person with authority to grant or deny such permission. (d)(1) No public or private landowner or their agents shall be liable for any property damage or personal injury sustained by any person operating or riding as a passenger on a snowmobile, or upon a vehicle or other device drawn by a snowmobile upon the public or private landowner’s property, whether or not the public or private landowner has given permission to use the land, unless the public or private landowner charges a cash fee to the operator or owner of the snowmobile for the use of the property, or unless the damage or injury is intentionally inflicted by the landowner. (2) If VAST has exercised reasonable care in marking the boundaries of the SSTS, it shall not be liable for ordinary negligence for any property damage or personal injury sustained by any person that arises from operation of a snowmobile outside the SSTS. However, VAST’s liability shall not be limited under this subdivision if an operator leaves the SSTS because of an unsafe condition on the SSTS and the damage or injury occurs before the operator is able to return safely to the SSTS. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1987, No. 126 (Adj. Sess.), § 2; 1989, No. 247 (Adj. Sess.), § 1; 1993, No. 234 (Adj. Sess.), § 5, eff. Nov. 1, 1994; 1995, No. 64 (Adj. Sess.), § 4, eff. Jan. 30, 1996; 1999, No. 20, §§ 5-7; 2001, No. 126 (Adj. Sess.), § 4, eff. June 12, 2002; 2003, No. 116 (Adj. Sess.), §§ 3, 5; 2015, No. 47, § 47; 2015, No. 102 (Adj. Sess.), § 1; 2017, No. 83, § 161(4); 2019, No. 149 (Adj. Sess.), § 22, eff. July 13, 2020; 2021, No. 20, § 251; 2021, No. 105 (Adj. Sess.), §§ 421–423, eff. July 1, 2022; 2023, No. 6, § 255, eff. July 1, 2023; 2023, No. 41, § 36, eff. July 1, 2023; 2025, No. 18, § 44, eff. May 13, 2025; 2025, No. 91 (Adj. Sess.), § 124, eff. April 30, 2026.

23 V.S.A. § 3207 Penalties and revocation or suspension of registration

3207. Penalties and revocation or suspension of registration (a) A person who violates any of the following sections of this title shall be subject to a civil penalty of $35.00 for each violation: § 3203 | failure to return transferred registration § 3205(a)-(c) | operation with defective or inadequate equipment, except improper muffling device § 3205(e) | sale of a snowmobile for operation without required equipment; improper operation; permitting improper operation § 3206(b)(8) | by a person without a certificate of snowmobile education § 3206(b)(1)(D) | by a person under 16 years of age § 3206(b)(10) | display of registration plate (b) A person who violates any of the following sections of this title shall be subject to a civil penalty of $55.00 for each violation: § 3206(b)(1) | on a public highway § 3206(b)(2), (3) | on a plowed highway § 3206(b)(4) | on a municipal highway § 3206(b)(13) | in cemeteries § 3206(b)(14) | interstate and limited access highways § 3206(b)(15) | sidewalks (c) A person who violates any of the following sections of this title shall be subject to a civil penalty of $135.00 for each violation: § 3205(a) | alterations made to headlight lenses § 3206(a) | permitting operation of an unregistered snowmobile § 3206(b)(6) | natural area § 3206(b)(20) | trail access limited § 3206(b)(21) | failure to wear proper protective headgear (d) A person who violates any of the following sections of this title shall be subject to a civil penalty of $300.00 for each violation: § 3204(b) | misuse of manufacturer’s/seller’s registration § 3206(b)(5) | private land or private body of water § 3206(b)(16) | operation after privilege suspended § 3206(b)(17) | operation of a snowmobile in unreasonable manner § 3206(b)(18)(C) | display of improper TMA by a snowmobile used in a commercial operation § 3206(b)(18)(D) | failure to display commercial identification § 3209 | defacing numbers on snowmobiles § 3209a | defacing trail signs (e) A person who violates any of the following sections of this title shall be subject to a civil penalty of up to $500.00 for each violation: § 3205(d) | operation with an improper muffling device § 3206(b)(19) | liability insurance § 3206(b)(22) and (23) | operation of a snowmobile in closed or open season § 3206(b)(9)(A) | harassing wildlife (f) A person who violates any of the following provisions of this title shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. If the person has been previously convicted of the same violation, the person shall be imprisoned for not more than two years or fined not more than $3,000.00, or both: § 3206(b)(9)(B) | intentionally causing animal pain or suffering § 3206(b)(12) | reckless operation § 3211 | leaving scene of a crash § 3212 | attempting to elude law enforcement officer (g) A person who violates the provisions of section 3202 of this chapter shall be subject to a civil penalty of $450.00 for a first offense and $500.00 for a second or subsequent offense within a three-year period. (h) The Commissioner or the Commissioner’s authorized agent may suspend or revoke the registration of any snowmobile registered in this State and repossess the number and certificate to it, when the Commissioner is satisfied that: (1) a snowmobile has been stolen; (2) the registrant is not the legal owner; (3) a snowmobile is operated without proper equipment after the owner has been notified by a law enforcement officer to procure and use such equipment as is required by law or Department rules; or (4) the owner of a snowmobile has perpetrated some fraud upon the Department of Motor Vehicles. (i) Civil penalties established under this section shall be mandatory and shall not be reduced. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1991, No. 165 (Adj. Sess.), § 9; 1993, No. 234 (Adj. Sess.), § 6, eff. Nov. 1, 1994; 1999, No. 20, §§ 8, 11; 2001, No. 126 (Adj. Sess.), §§ 5, 6, eff. June 12, 2002; 2003, No. 116 (Adj. Sess.), § 6; 2019, No. 131 (Adj. Sess.), § 233; 2019, No. 149 (Adj. Sess.), § 23, eff. July 13, 2020; 2023, No. 6, § 256, eff. July 1, 2023; 2025, No. 153 (Adj. Sess.), § 13, eff. July 1, 2026.

23 V.S.A. § 3207a Snowmobiling under the influence of alcohol or drugs

3207a. Snowmobiling under the influence of alcohol or drugs (a) A person shall not operate, attempt to operate, or be in actual physical control of a snowmobile on any lands, waters, or public highways of this State: (1) when the person’s alcohol concentration is 0.08 or more; (2) when the person is under the influence of alcohol; or (3) when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree that renders the person incapable of safely operating a snowmobile. (b) A person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug, substance, or inhalant other than alcohol to a degree that renders the person incapable of safely operating a snowmobile may not operate, attempt to operate, or be in actual physical control of a snowmobile. (c) The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this State shall not constitute a defense against any charge of violating this section. (d) A person may not be convicted of more than one offense under this section arising out of the same incident. (e) As used in this section, “alcohol” includes “alcohol,” “malt beverages,” “spirits,” “fortified wines,” and “vinous beverages” as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them. (f) As used in this section, “drug” means a regulated drug as defined in 18 V.S.A. § 4201. (g) If a person violates this section on a public highway, that person may be convicted of a violation of this section or a violation of section 1201 of this title, but not both. (h) Any person who is convicted of violating this section shall have his or her privilege to operate a snowmobile suspended for a period of one year and until the person complies with section 1209a of this title. Additionally, a person convicted of violating the provisions of this section shall be penalized under the provisions of section 1210 of this title. Added 1993, No. 234 (Adj. Sess.), § 7, eff. Nov. 1, 1994; amended 1999, No. 20, § 10; 2003, No. 116 (Adj. Sess.), § 7; 2017, No. 83, § 154; 2023, No. 6, § 257, eff. July 1, 2023; 2025, No. 18, § 44, eff. May 13, 2025.

23 V.S.A. § 3207b Preliminary screening device

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

23 V.S.A. § 3207c Implied consent

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

23 V.S.A. § 3207d Permissive inferences

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

23 V.S.A. § 3207e Refusal to submit to test

3207e. Refusal to submit to test If the person refuses to submit to an evidentiary test it shall not be given, but the refusal may be introduced as evidence in a criminal proceeding. Added 1993, No. 234 (Adj. Sess.), § 11, eff. Nov. 1, 1994.

23 V.S.A. § 3207f Persons under 21 years of age; alcohol concentration of 0.02 or more

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

23 V.S.A. § 3208 Administration and enforcement

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

23 V.S.A. § 3209 Defacing manufacturer identification and serial numbers

3209. Defacing manufacturer identification and serial numbers A person shall not willfully change or attempt to change or tamper with, obliterate, deface, or in any manner interfere with the original or assigned motor number or manufacturer’s serial number of any snowmobile. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1993, No. 234 (Adj. Sess.), § 13, eff. Nov. 1, 1994.

23 V.S.A. § 3209a Placing and defacing trail signs

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

23 V.S.A. § 3210 Municipal ordinances

3210. Municipal ordinances Municipalities shall have the power to adopt ordinances pursuant to 24 V.S.A. chapter 59 for the purpose of regulating the time, manner, and location of operation of snowmobiles within their limits, provided such ordinances do not controvert the provisions of this subchapter. Added 1983, No. 212 (Adj. Sess.), § 2.

23 V.S.A. § 3211 Crashes; duty to stop and report

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

23 V.S.A. § 3212 Attempting to elude a law enforcement officer

3212. Attempting to elude a law enforcement officer An operator of a snowmobile shall bring the snowmobile to a stop and not attempt to elude a law enforcement officer when signaled to do so by a law enforcement officer wearing insignia identifying him or her as such, or operating a law enforcement vehicle or snowmobile sounding a siren or displaying a flashing blue or blue and white signal lamp. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1993, No. 234 (Adj. Sess.), § 16, eff. Nov. 1, 1994.

23 V.S.A. § 3213 Proof of payment of tax

3213. Proof of payment of tax (a) No license, permits, registration, or similar authorization to own or operate any snowmobile shall be issued under this subchapter until proof of payment of or exemption from the tax imposed by 32 V.S.A. chapter 233 has been established in the manner prescribed by the Commissioner of Taxes. (b) A current or expired registration certificate or other acceptable proof from the state or province of residence shall suffice as proof of payment of the tax referred to in subsection (a) of this section for persons applying for nonresident registration in this State. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1987, No. 126 (Adj. Sess.), § 3; 1993, No. 234 (Adj. Sess.), § 17, eff. June 21, 1994.

23 V.S.A. § 3214 Allocation of fees and penalties; liability insurance; authority to contract for law enforcement services

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

23 V.S.A. § 3215 Expenditure plan

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

23 V.S.A. § 3216 Governor’s Snowmobile Council

3216. Governor’s Snowmobile Council (a)(1) The Governor’s Snowmobile Council is created. The members of the Council shall consist of: (A) the President or designee of VAST; (B) the Secretary of Natural Resources or designee; (C) the Commissioner of Fish and Wildlife or designee; (D) the Commissioner of Public Safety or designee; (E) the Commissioner of Motor Vehicles or designee; (F) the Commissioner of Forests, Parks and Recreation or designee; (G) the President of the Vermont Sheriffs’ Association or designee; (H) the President of the Vermont Chiefs of Police Association or designee; (I) five members appointed by the Governor to represent geographic regions of the State; (J) one member of the House of Representatives appointed by the Speaker of the House; and (K) one member of the Senate appointed by the Committee on Committees. (2) The Chair shall be appointed by the Governor. (b) The Council shall serve the following functions: (1) to review, advise, and consent on development of the annual plan for the expenditure of funds for the Statewide Snowmobile Trail Program; (2) to review and advise the Governor and General Assembly on matters relating to snowmobiling in Vermont, including environmental and community impacts, development of snowmobile trails, ways to encourage snowmobile traffic in those communities that seek more traffic and control the growth in municipalities that desire less traffic, adequacy of parking areas, carrying capacity of trails, State laws and rules affecting snowmobilers, and promoting snowmobiling in this State; (3) to help coordinate efforts of VAST and State and federal agencies, private industry, and nonprofit organizations in meeting the needs of snowmobilers in Vermont; (4) to perform any other duties or functions regarding snowmobiling assigned by the Governor; and (5) to ensure that municipal legislative bodies are given advance notice and an opportunity for input before trail or parking lot expansion takes place in the community. (c) The members appointed by the Governor shall serve for two-year terms and all others shall serve the term of their office. (d) The Council may designate technical work groups, composed of representatives of appropriate public agencies, private organizations, and individuals, to assist in the collection, study, and evaluation of information and to advise the Council on particular issues. (e)(1) The appointed members of the Council and the President or designee of VAST shall be entitled to compensation at the rate provided for in 32 V.S.A. § 1010. Expenditures shall be paid from snowmobile funds appropriated to the Agency of Natural Resources for administration of the program. (2) Legislative members shall be entitled to compensation and reimbursement of expenses as provided for by 2 V.S.A. § 23. (3) Technical work group members shall not be entitled to compensation or reimbursement of expenses. (f) The Council is attached to the Office of the Secretary of Natural Resources for administrative support. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1987, No. 76, § 18; 1993, No. 234 (Adj. Sess.), § 21, eff. Nov. 1, 1994; 1999, No. 20, § 9; 2001, No. 126 (Adj. Sess.), § 7, eff. June 12, 2002; 2013, No. 19, § 1, eff. May 7, 2013; 2021, No. 20, § 252.

23 V.S.A. § 3217 Liability insurance; trail maintenance

3217. Liability insurance; trail maintenance The State may extend coverage of its liability insurance to parties under contract with the Department of Forests, Parks and Recreation for development and maintenance of the snowmobile trail system. Insurance coverage shall match the State’s current financial liability limits and shall be limited to those activities defined by the development and maintenance contract. The Secretary of Administration shall pay for this extended coverage with funds from snowmobile registration receipts. Added 1987, No. 126 (Adj. Sess.), § 5; amended 2013, No. 50, § E.101.6.

23 V.S.A. § 3218 Law enforcement officer’s testimony

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

23 V.S.A. § 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 under this subchapter. 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; amended 2023, No. 85 (Adj. Sess.), § 317, eff. July 1, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/23/029Fetched: 10/21/2026