Vessels

V.S.A. tit. 23, ch. 29, subch. 2

in effect

23 V.S.A. § 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.

23 V.S.A. § 3302 Definitions

3302. Definitions As used in this chapter, unless the context clearly requires a different meaning: (1) “All-round light” means a light showing an unbroken light over an arc of the horizon of 360 degrees. (2) “Holding tank” means a container or device designed to provide for the retention of wastes on board a vessel and to prevent the discharge of wastes into the waters of this State. (3) “Law enforcement officer” means a person designated in subdivision 4(11) of this title and includes deputy State game wardens and auxiliary State Police officers. (4) “Marine toilet” means any toilet on or within any vessel except those that have been permanently sealed and made inoperative. (5) “Masthead light” means a white light placed over the fore and aft centerline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel, except that on a vessel of less than 12 meters in length, the masthead light shall be placed as nearly as practicable to the fore and aft centerline of the vessel. (6) “Motorboat” means any vessel equipped with machinery capable of propelling the vessel, whether or not such machinery is the principal source of propulsion. (7) “Operate” means to navigate or otherwise use a vessel. (8) “Owner” means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security. (9) “Person” means an individual, partnership, firm, corporation, association, or other entity. (10) “Personal watercraft” means a class A vessel that uses an inboard engine powering a water jet pump as its primary source of motive power and that is designed to be operated by an individual or individuals sitting, standing, or kneeling on or being towed behind the motorboat rather than in the conventional manner of sitting or standing inside the vessel. (11) “Public waters of the State” means navigable waters as defined in 10 V.S.A. chapter 49, excepting those waters in private ponds and private preserves as set forth in 10 V.S.A. §§ 5204, 5205, 5206, and 5210. (12) “Racing shell or rowing scull” means a manually propelled vessel that is recognized by national or international racing associations for use in competitive racing, and one in which all occupants row or scull, with the exception of a coxswain, if one is provided, and is not designed to carry and does not carry any equipment not solely for competitive racing. (13) “Sailboard” means a sailboat whose unsupported mast is attached to a surfboard-like hull by a flexible joint. (14) “Sailing vessel” means any vessel under sail, provided that propelling machinery, if fitted, is not being used. (15) “Sidelights” mean a green light on the starboard side and a red light on the port side, each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. On a vessel of less than 20 meters in length the side lights may be combined in one lantern carried on the fore and aft centerline of the vessel, except that on a vessel of less than 12 meters in length the sidelights, when combined in one lantern, shall be placed as nearly as practicable to the fore and aft centerline of the vessel. (16) “Sternlight” means a white light placed as nearly as practicable at the stern, showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel. (17) “Vessel” means every description of watercraft, other than a seaplane on the water or a racing shell or rowing scull occupied exclusively by individuals over 12 years of age, used or capable of being used as a means of transportation on water. (18) “Waste” means effluent, sewage, or any substance or material, liquid, gaseous, solid, or radioactive, including heated liquids, whether or not harmful or deleterious to waters of this State. (19) “Waters of this State” means any waters within the territorial limits of this State. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1989, No. 65, § 1; 2001, No. 75 (Adj. Sess.), § 9; 2019, No. 14, § 63, eff. April 30, 2019; 2019, No. 131 (Adj. Sess.), § 236; 2021, No. 76, § 11; 2021, No. 105 (Adj. Sess.), § 424, eff. July 1, 2022.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 3305 Fees

3305. Fees (a) An individual shall not operate a motorboat on the public waters of this State unless the motorboat has a valid marine document issued by U.S. Customs and Border Protection or any successor federal agency or is registered in accordance with this chapter. (b)(1) Annually or biennially, the owner of each motorboat required to be registered by this State shall file an application for a number with the Commissioner of Motor Vehicles on forms approved by the Commissioner. (2) The application shall be signed by the owner of the motorboat and shall be accompanied by: (A) an annual fee of $31.00, or a biennial fee of $57.00, for a motorboat in class A; (B) an annual fee of $49.00, or a biennial fee of $93.00, for a motorboat in class 1; (C) an annual fee of $80.00, or a biennial fee of $155.00, for a motorboat in class 2; or (D) an annual fee of $153.00, or a biennial fee of $303.00, for a motorboat in class 3. (3)(A) Upon receipt of the application in approved form, the Commissioner shall enter the application upon the records of the Department of Motor Vehicles and issue to the applicant a registration certificate stating the number awarded to the motorboat and the name and address of the owner. (B) The owner shall paint on or attach to each side of the bow of the motorboat the identification number in the manner prescribed by rules of the Commissioner in order that it may be clearly visible. Validation stickers shall be placed within six inches preceding the registration number on the port side of the motorboat and within six inches following the registration number on the starboard side of the motorboat. (C) The registration shall be void one year from the first day of the month following the month of issue in the case of annual registrations or void two years from the first day of the month following the month of issue in the case of biennial registrations. (D) A motorboat of less than 10 horsepower used as a tender to a registered motorboat shall be deemed registered, at no additional cost, and shall have painted or attached to both sides of the bow the same registration number as the registered motorboat with the number “1” after the number. (E) The number shall be maintained in legible condition. (F) The registration certificate shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation. (G) A duplicate registration may be obtained upon payment of a fee of $3.00 to the Commissioner. (H) Registration fees shall be allocated in accordance with section 3319 of this title. (c) A dealer in motorboats, as defined in subdivision 4(8) of this title, of a type otherwise required to be registered by this subchapter shall register and obtain registration certificates for use as described under subdivision (1) of this subsection, subject to the requirements of chapter 7 of this title. A manufacturer of motorboats may register and obtain registration certificates under this section. (1) A dealer motorboat registration number may be used: (A) for the purpose of testing or adjusting motorboats in the immediate vicinity of the dealer’s place of business; (B) for some purpose directly connected with the business of purchasing, selling, or exchanging motorboats by the dealer; (C) for demonstration when the prospective purchaser is operating the motorboat and is not accompanied by the dealer or the dealer’s employee, but not for more than three days; (D) for the temporary accommodation of a customer whose motorboat, because of crash or wear, is disabled and is left with the dealer for repairs for not more than 14 days; (E) for the private business or pleasure use of the dealer and members of the dealer’s immediate family residing in the same household; and (F) for the use of those motorboats at regattas, marine parades, or water festivities where no charge is made for that use. (2) The word “dealer” for the purpose of subdivision (1)(E) of this subsection shall include the principal officers of a corporation or dealer and those partners in a copartnership registered as a dealer as are actively and principally engaged in the motorboat business, but shall not include directors and stockholders nor inactive and silent partners. (3) An application for a dealer motorboat registration and registration number shall be accompanied by the following fees: (A) for the registration and first number applied for, $42.00; and (B) for each additional number applied for in the current registration period, $12.00. (4) The Commissioner shall issue a registration certificate of number for each identifying number awarded to the dealer in the manner described in subsection (b) of this section, except that a motorboat shall not be described in the certificate. A dealer’s registration certificate expires one year from the first day of the month of issuance. (5) A dealer’s identifying number shall be displayed as required by subsection (b) of this section except that the number may be temporarily attached. (6) A dealer or representative of a dealer shall not use a dealer’s identifying number for any purpose other than those described in subdivision (1) of this subsection. (d)(1) Registration of a motorboat ends when the owner transfers title to another. The former owner shall immediately return directly to the Commissioner the registration certificate previously assigned to the transferred motorboat with the date of sale and the name and residence of the new owner endorsed on the back of the certificate. (2) When a person transfers the ownership of a registered motorboat to another, files a new application, and pays a fee of $6.00, the person may have registered in the person’s name another motorboat of the same class for the remainder of the registration period without payment of any additional registration fee. However, if the fee for the registration of the motorboat sought to be registered is greater than the registration fee for the transferred motorboat, the applicant shall pay the difference between the fee first paid and the fee for the class of motorboat sought to be registered. (e) If an agency of the U.S. government has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed under this subchapter by the Commissioner shall conform with that system. (f) Every registration certificate awarded under this subchapter shall continue in effect as prescribed in subsection (b) of this section unless sooner ended under this chapter. The registration certificate may be renewed by the owner in the same manner provided for in securing the initial certificate. (g) The owner shall notify the Commissioner of the transfer of any part of the owner’s interest other than the creation of a security interest in a motorboat numbered in this State under subsections (b) and (c) of this section or of the destruction or abandonment of the motorboat, within 15 days after the transfer, destruction, or abandonment. The transfer, destruction, or abandonment shall end the certificate of number for the motorboat except that in the case of a transfer of a part interest that does not affect the owner’s right to operate the motorboat, the transfer shall not end the certificate of number. (h) Any holder of a registration certificate shall notify the Commissioner within 15 days if the holder’s address ceases to be the address appearing on the certificate and shall, as a part of the notification, furnish the Commissioner with the holder’s new address. The Commissioner may provide by rule for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder. (i) No number other than the number awarded to a motorboat or granted reciprocity under this subchapter may be painted, attached, or otherwise displayed on either side of the bow of the motorboat. (j) The Commissioner, by rules adopted pursuant to 3 V.S.A. chapter 25, may provide for the issuance of temporary registrations of motorboats pending issuance of the permanent registration. Motorboat dealers may issue temporary motorboat registrations. The dealer’s fee for the temporary registrations shall be $6.00 for each registration purchased from the Department of Motor Vehicles. Temporary registrations shall be kept with the motorboat while being operated and shall authorize operation without the registration number being affixed for a period not to exceed 60 days from the date of issue. (k) The Commissioner shall enclose with every permanent and temporary motorboat registration and registration renewal certificate issued pursuant to this chapter a statement, based on current aquatic nuisance threats and spread prevention methods, regarding the danger of aquatic nuisances, how aquatic nuisance species are spread, and how spread of aquatic nuisance species may be controlled. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 1, eff. Jan. 1, 1986; 1987, No. 152 (Adj. Sess.), § 2; 1989, No. 65, § 2; 1989, No. 265 (Adj. Sess.), §§ 3, 4, eff. March 1, 1991; 1993, No. 52, § 1; 1995, No. 16, § 1; 1997, No. 62, § 52, eff. June 26, 1997; 2001, No. 75 (Adj. Sess.), § 10; 2001, No. 102 (Adj. Sess.), § 30, eff. May 15, 2002; 2001, No. 143 (Adj. Sess.), § 56; 2003, No. 163 (Adj. Sess.), § 24, eff. June 10, 2004; 2009, No. 46, § 5, eff. July 1, 2010; 2009, No. 50, § 59; 2013, No. 57, § 7; 2015, No. 50, § 4; 2015, No. 159 (Adj. Sess.), § 49; 2021, No. 76, § 13; 2021, No. 105 (Adj. Sess.), §§ 425, 426, eff. July 1, 2022; 2023, No. 85 (Adj. Sess.), § 318, eff. July 1, 2024; 2025, No. 153 (Adj. Sess.), § 17, eff. July 1, 2026.

23 V.S.A. § 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.

23 V.S.A. § 3305b Boating safety education; rules

3305b. Boating safety education; rules (a) When required. An individual born after January 1, 1974 shall not operate a motorboat on the public waters of this State without first obtaining a certificate of boating education. (b) Possession of certificate. An individual who is required to have a certificate of boating education shall: (1) Possess the certificate when operating a motorboat on the public waters of the State. (2) Show the certificate on the demand of an enforcement officer wearing insignia identifying him or her as such or operating a law enforcement vessel. However, an individual charged with violating this subsection shall not be convicted if the individual produces a certificate that was valid at the time the violation occurred in court to the officer or to a State’s Attorney. (c) Exemptions. The following individuals are exempt from the requirements of this section: (1) an individual who is licensed by the U.S. Coast Guard to operate a vessel for commercial purposes; (2) an individual operating a motorboat on a body of water located on private property; and (3) any other individual exempted by rules of the Department of Public Safety. (d) Rules. The Department of Public Safety shall: (1) adopt rules that establish criteria for a course of instruction in boating safety education; (2) adopt rules relating to transient boaters and persons who hire chartered vessels; (3) administer a verbal test when appropriate; (4) coordinate a statewide program of boating safety instruction and certification and ensure that a course of boating safety education is available within each county; (5) ensure that a course of boating safety education is available at the earliest practicable age for children; and (6) ensure that the course includes an educational component regarding the environmental harm caused by aquatic nuisance species and how the spread of such species may be controlled when boaters follow specific steps to clean boats and trailers after use in State waters. (e) Hours of instruction. Any course of boating safety education that is offered shall provide a minimum of eight hours of instruction. (f) Persons offering courses. The following persons may offer the course of instruction in boating safety education if approved by the Department of Public Safety: (1) the Department of Public Safety; (2) the U.S. Coast Guard Auxiliary; (3) the U.S. Power Squadrons; (4) a political subdivision; (5) a municipal corporation; (6) a State agency; (7) a public or nonpublic school; and (8) any group, firm, association, or person. (g) Issuance of certificate. The Department of Public Safety or its designee shall issue a certificate of boating safety education to an individual who: (1) passes the departmentally prescribed course in boating safety education; or (2) passes a boating safety equivalency examination administered by persons authorized to offer the course on boating safety education. (h) Education materials. Upon request, the Department of Public Safety shall provide, without charge, boating safety education materials to individuals who plan to take the boating safety equivalency examination. (i) Lifetime issuance. Once issued, the certificate of boating safety education is valid for the lifetime of the individual to whom it was issued and may not be revoked by the Department of Public Safety or a court of law. (j) Certificate replacement. 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. (k) Out-of-state certificate. A boating safety certificate issued in another state or country in accordance with or substantially equivalent to criteria of the National Association of State Boating Law Administrators is sufficient to comply with the requirements of this section. Added 1989, No. 65, § 4; amended 2009, No. 46, § 6, eff. July 1, 2010; 2021, No. 76, § 13.

23 V.S.A. § 3306 Lights and equipment

3306. Lights and equipment (a) Every vessel shall carry and show the following lights, in the intensity prescribed under 33 C.F.R. § 83.22, as amended, when underway between sunset and sunrise and during other periods of restricted visibility: (1) Unpowered vessels. (A) A sailing vessel shall exhibit: (i) sidelights; and (ii) a sternlight. (B) A sailing vessel may, in addition to the lights prescribed in subdivision (A) of this subdivision (1), exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower being green. (C) Notwithstanding subdivision (A) of this subdivision (1), on a sailing vessel of less than 20 meters in length, the lights prescribed in subdivision (A) of this subdivision (1) may be combined in a single light and exhibited at or near the top of the mast, where it can best be seen, but may not also have exhibited two all-round lights in a vertical line, as permitted in subdivision (B) of this subdivision (1). (D) Notwithstanding subdivision (A) of this subdivision (1), a sailing vessel of less than seven meters in length shall, if practicable, exhibit the lights prescribed in this subdivision (1) but, if not practicable, shall exhibit or have onboard an all-round white light that shall be exhibited in sufficient time to prevent collision. (E) A vessel under oars or one or more paddles may exhibit the lights prescribed in this subdivision (1) but, if such lights are not exhibited, the vessel shall exhibit or have onboard an all-round white light that shall be exhibited in sufficient time to prevent collision. (2) Motorboats. (A) A motorboat, including one that is also proceeding under sail, shall exhibit: (i) a masthead light forward; (ii) a second masthead light abaft of and higher than the light required under subdivision (i) of this subdivision (A) if the vessel is 50 meters or more in length; (iii) sidelights; and (iv) a sternlight. (B) A motorboat that is also proceeding under sail shall exhibit forward, where it can best be seen, a conical shape, apex downward. (3) Lights approved by the U.S. Coast Guard. Any light or combination of lights approved by the U.S. Coast Guard for inland waters shall be considered legal for Vermont waters. (b)(1) Personal flotation devices. Each vessel, except sailboards, shall, consistent with federal regulations, carry for each individual aboard at least one wearable U.S. Coast Guard-approved personal flotation device that is in good and serviceable condition and capable of being used in accordance with the U.S. Coast Guard approval label. (2) Vessels; individuals less than 12 years of age. In addition to the provisions of this subsection, an individual under 12 years of age aboard a vessel, while under way and the individual is on an open deck, shall wear a properly secured wearable U.S. Coast Guard-approved personal flotation device as intended by the manufacturer. (3) Sailboards; individuals less than 16 years of age. An individual under 16 years of age aboard a sailboard shall wear a properly secured wearable U.S. Coast Guard-approved personal flotation device as intended by the manufacturer. (4) Cold weather. (A) Except as otherwise provided pursuant to subdivision (B) of this subdivision (b)(4), on or before May 1 of each year and on or after November 1 of each year, all individuals aboard a vessel, while under way and the individual is on an open deck, shall wear a properly secured wearable U.S. Coast Guard–approved personal flotation device as intended by the manufacturer. (B) The requirements of this subdivision (b)(4) shall not apply to an individual who is: (i) aboard a vessel that is located in water that is not more than three feet deep; and (ii) actively engaged in hunting or bow fishing and who holds a valid license issued under 10 V.S.A. part 4. (C) A violation of this subdivision (b)(4) shall not be subject to the penalty set forth in section 3317 of this chapter or constitute a traffic violation pursuant to section 2302 of this title. (5) Inspected commercial vessels. U.S. Coast Guard-inspected commercial vessels shall be exempt from the provisions of this subsection. (c) U.S. Coast Guard-approved hand portable fire extinguishers that are unexpired, fully charged, and in both good and serviceable condition shall be carried on board every motorboat as follows: (1) motorboats with no fixed fire extinguisher system in the machinery space and that are: (A) less than 26 feet in length, not fewer than one extinguisher; (B) 26 feet or longer, but less than 40 feet, not fewer than two extinguishers; and (C) 40 feet or longer, not fewer than three extinguishers; and (2) motorboats with a fixed fire extinguisher system in the machinery space and that are: (A) less than 26 feet in length, no extinguishers required; (B) 26 feet or longer but less than 40 feet, not fewer than one extinguisher; and (C) 40 feet or longer, not fewer than two extinguishers. (d) Notwithstanding subsection (c) of this section, motorboats less than 26 feet in length, propelled by outboard motors, and not carrying passengers for hire need not carry portable fire extinguishers if the construction of the boats will not permit the entrapment of explosive or flammable gases or vapors. (e)(1) The extinguishers referred to by this section are class B-I or 5-B extinguishers, but one class B-II or 20-B extinguisher may be substituted for two class B-I or 5-B extinguishers, in compliance with 46 C.F.R. Subpart 25.30, as amended. (2) Notwithstanding subdivision (1) of this subsection, motorboats with a model year between 1953 and 2017 with previously approved fire extinguishers that are not in compliance with the types identified in subdivision (1) of this subsection need not be replaced until such time as they are no longer in good and serviceable condition. (f) Every marine toilet on board any vessel operated on the waters of the State shall also incorporate or be equipped with a holding tank. Any holding tank or marine toilet designed so as to provide for an optional means of discharge to the waters on which the vessel is operating shall have the discharge openings sealed shut and any discharge lines, pipes, or hoses shall be disconnected and stored while the vessel is in the waters of this State. (g) Nothing in this section shall be construed to prevent the discharge of adequately treated wastes from any vessel operating under the provisions of a valid discharge permit issued by the Department of Environmental Conservation. (h) Motorboats operated on waters that the U.S. Coast Guard has determined to be navigable waters of the United States and therefore subject to the jurisdiction of the United States must have lights and other safety equipment as required by U.S. Coast Guard rules and regulations. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 2, eff. Jan. 1, 1986; 1987, No. 76, § 18; 1989, No. 65, § 5; 1989, No. 159 (Adj. Sess.), § 1; 2017, No. 71, § 28, eff. June 8, 2017; 2019, No. 131 (Adj. Sess.), § 237; 2021, No. 76, § 13; 2023, No. 165 (Adj. Sess.), § 31, eff. July 1, 2024; 2025, No. 153 (Adj. Sess.), § 18, eff. July 1, 2026.

23 V.S.A. § 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 60 days; (2) a motorboat from a country other than the United States if the boat has not been within the State for more than 60 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, No. 165 (Adj. Sess.), § 32, eff. July 1, 2024.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 3311 Operation of vessels; prohibited acts; authority of law enforcement officers

3311. Operation of vessels; prohibited acts; authority of law enforcement officers (a) Careless and negligent operation. An individual shall not operate any vessel or manipulate any water skis, surfboard, or similar device in a careless or negligent manner or in any manner to endanger or jeopardize the safety, life, or property of another person. (b) Permitting use by intoxicated individual. The owner or person in charge or in control of a vessel shall not knowingly authorize or knowingly permit it to be propelled or operated by any individual who is under the influence of alcohol, narcotic drugs, or barbiturates. (c) Distance requirements. (1) An individual shall not operate any vessel, seaplane, racing shell, or rowing scull, except a sailboard or a police or emergency vessel, within 200 feet of the shoreline; an individual in the water; a canoe, rowboat, or other vessel; an anchored or moored vessel containing any individual; or anchorages or docks, except at a speed of less than five miles per hour that does not create a wake. (2) An individual shall not operate any vessel, seaplane, racing shell, or rowing scull, except a nonmotorized canoe, a nonmotorized rowboat, or a police or emergency vessel, within 200 feet of a divers-down flag. (3) Nothing in this subsection shall prohibit rendering assistance to another individual, picking up an individual in the water, necessary mooring or landing, or leaving shore, or operating in any other place where obstruction, other than the shoreline, would prevent abiding by this statute. (4) An individual shall not operate a vessel, except at speeds of less than five miles per hour, within 200 feet of a designated swimming area. (d) Underwater historic preserve area. A vessel shall not be operated in an “underwater historic preserve area” except as provided in this subsection. These areas are historic and archaeological sites located on the bottomlands of the waters of the State and are designated as public recreational areas. The Division for Historic Preservation may designate underwater historic preserve areas and they shall be identified by a floating special purpose yellow buoy marked “State of Vermont Underwater Historic Preserve.” The following requirements shall govern the operation of vessels at the preserves: (1) A vessel may secure to a yellow buoy only when diving or remotely operated vehicle diving at the preserve. In this subsection, “remotely operated vehicle diving” means using an unstaffed underwater robot to view a preserve site. (2) Vessels 35 feet in length or less may secure to a buoy. (3) Vessels 50 feet in length or less and piloted by a U.S. Coast Guard-licensed captain may secure to a buoy for the purpose of remotely operated vehicle diving. (4) A divers-down flag shall be displayed whenever a vessel is secured to a buoy. (5) On sites with multiple buoys, one vessel may be secured to each buoy. (6) When a vessel is secured to the buoy, all other vessels shall remain at least 200 feet from the buoy. (7) Anchoring is not permitted within 200 feet of the buoy. (e) Overloaded vessel. A vessel shall not be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions. (f) Attempting to elude a law enforcement officer. An operator of any vessel shall bring his or her vessel to a stop and not attempt to elude a law enforcement officer when signaled to do so by the officer wearing insignia identifying him or her as such or operating a law enforcement vessel sounding a siren and displaying a flashing blue or blue and white signal lamp. The officer may board the vessel. (g) Residential vessels prohibited on certain waters. The use of vessels for residential purposes is prohibited on all lakes and ponds that are located wholly within Vermont and on which there are no boat sanitary waste pumpout facilities approved by the Department of Environmental Conservation. For purposes of this subsection, “residential purposes” includes sleeping overnight on a vessel. Vessels operated by agencies, entities, authorities, or instrumentalities of the State, including the State Colleges and the University of Vermont, shall comply with this subsection, except when law enforcement, an emergency, or the performance of official duties requires otherwise. (h) Power of law enforcement officers; authority to stop and board. A law enforcement officer may stop and board any motorboat afloat on public waters of the State at any time to: (1) inspect its documents; (2) inspect the licenses and permits of the operator of the motorboat; or (3) conduct a safety inspection for required equipment. (i) Power of law enforcement officers; general. A law enforcement officer may make arrests for violations of this subchapter; may direct, control, and regulate vessel traffic; and may make reasonable orders in the enforcement of this subchapter. No individual may knowingly fail or refuse to comply with any lawful order or direction of any law enforcement officer. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 261 (Adj. Sess.), eff. June 4, 1986; 1987, No. 140 (Adj. Sess.), § 3, eff. April 8, 1988; 1989, No. 65, § 7; 1989, No. 159 (Adj. Sess.), §§ 2, 3; 2009, No. 30, § 2; 2009, No. 161 (Adj. Sess.), § 30; 2017, No. 83, § 161(4); 2019, No. 131 (Adj. Sess.), §§ 238, 239; 2021, No. 20, §§ 254, 255; 2021, No. 76, §§ 17, 18.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 3317 Penalties

3317. Penalties (a) Penalty; $50.00 maximum. A person who violates any of the following sections of this title shall be subject to a penalty of not more than $50.00 for each violation: § 3303 | unnumbered boat § 3305(a) | unregistered boat § 3305(d) | old registered certificate to be returned § 3305(e) | compliance with federal motorboat ID system § 3305(h) | change of address § 3305(i) | incorrect number displayed on boat § 3305(j) | temporary registration § 3305a(a) | qualified person may operate § 3305a(c) | underage operation § 3305(b) | operating without boat certificate § 3306(a)-(d) and (g) | lights and equipment § 3307a | documented boat validation sticker § 3308 | boat rental records § 3309 | muffling device § 3311(c) | distance requirements § 3311(d) | underwater historic preserve area § 3311(e) | overloaded vessel § 3311(h)-(i) | authority of law enforcement officer § 3312 | rules between vessels § 3313(b) | failing to file report § 3315(a) | water ski observer § 3315(c) | improper ski towing § 3316 | boat races (b) Penalty or fine; $300.00 or $1,000.00 maximum. A person who violates a requirement under 10 V.S.A. § 1454 shall be subject to enforcement under 10 V.S.A. § 8007 or 8008 or a fine under this chapter, provided that the person shall be assessed a penalty or fine of not more than $1,000.00 for each violation. A person who violates a rule adopted under 10 V.S.A. § 1424 shall be subject to enforcement under 10 V.S.A. chapter 201 or a fine under this chapter, provided that the person shall be assessed a penalty of not more than $300.00 for each violation. A person who violates any of the following sections of this title shall be subject to a penalty of not more than $300.00 for each violation: § 3306(e) | marine toilet § 3312a | operation of personal watercraft (c) Fine; $300.00 maximum. A person who violates any of the following sections of this title shall be imprisoned not more than three months or fined not more than $300.00, or both, for each violation: § 3305a(b) | operating privilege suspended § 3311(a) | careless and negligent operation § 3311(b) | permitting use by intoxicated person § 3311(f) | attempting to elude a law enforcement officer § 3311(g) | residential vessel prohibited § 3313(a) | leaving scene of crash (d) Boating while intoxicated; privilege suspension. Any person who is convicted of violating section 3323 of this title shall have his or her privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, suspended for a period of one year and until the person complies with section 1209a of this title. (e) Boating while intoxicated; criminal penalty. Any person who violates a provision of section 3323 of this title shall be imprisoned for not more than one year and subject to the following fines: (1) for a first offense, not less than $200.00 nor more than $750.00; and (2) for a second or subsequent offense, not less than $250.00 nor more than $1,000.00. (f) Boating while intoxicated; death or serious bodily injury resulting. (1)(A) If the death of any person results from the violation of section 3323 of this title, the person convicted shall, instead of any other penalty imposed in this section, be imprisoned not less than one year nor more than 15 years or fined not more than $10,000.00, or both; but the provisions of this section shall not be construed to limit or restrict prosecutions for manslaughter. (B) If the death of more than one person results from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision (1) for each decedent. (2)(A) If serious bodily injury, as defined in 13 V.S.A. § 1021(2), results to any person other than the operator from a violation of section 3323 of this title, the person convicted of the violation shall be fined not more than $5,000.00 or imprisoned not more than 15 years, or both. (B) If serious bodily injury as defined in 13 V.S.A. § 1021(2) results to more than one person other than the operator from a violation of section 3323 of this title, the operator may be convicted of a separate violation of this subdivision (2) for each person injured. (g) Defective, stolen, or fraudulently registered motorboat; registration revocation or suspension. The Commissioner of Motor Vehicles or the Commissioner’s authorized agent may suspend or revoke the registration of any motorboat registered in this State and repossess the number and certificate to it, when the Commissioner is satisfied that: (1) a motorboat has been stolen and that the registrant does not have legal title; (2) a motorboat is in such poor mechanical or structural condition as to make it unseaworthy; (3) a motorboat is operated without proper equipment after the owner has been notified to procure and use such equipment as is required by law or Department rules; or (4) the owner of a motorboat has perpetrated some fraud upon the Department of Motor Vehicles. (h) More than two violations; education program required. Any person convicted of more than two boating violations concerning the operation of, or safety equipment on, a vessel within a two-year period shall, in addition to penalties provided for in this section, have his or her privilege to operate a vessel on the waters of this State suspended until the person has successfully completed the boating safety education program provided in section 3305b of this title. A person shall also be required to complete the program if convicted of careless or negligent operation or of operation under the influence of alcohol or drugs. The requirements of this subsection apply regardless of whether a person has completed the education program one or more times. Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 90, § 7, eff. May 30, 1985; 1989, No. 65, § 11; 1999, No. 42, § 3, eff. May 25, 1999; 2003, No. 121 (Adj. Sess.), § 70, eff. June 8, 2004; 2007, No. 195 (Adj. Sess.), § 6; 2009, No. 30, § 3; 2015, No. 61, § 11, eff. June 17, 2015; 2017, No. 67, § 6, eff. June 8, 2017; 2017, No. 71, § 29, eff. June 8, 2017; 2019, No. 131 (Adj. Sess.), § 241; 2021, No. 105 (Adj. Sess.), § 429, eff. July 1, 2022; 2025, No. 18, § 44, eff. May 13, 2025; 2025, No. 47, § 5, eff. July 1, 2025.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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 that 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.

23 V.S.A. § 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.

23 V.S.A. § 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.

23 V.S.A. § 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).

23 V.S.A. § 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).

23 V.S.A. § 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.

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